Car Service Pack Refund

Hi,

I recently brought a service pack for a skoda fabia i owned. it was for the next 5 services for $1400 after the warranty period ended.

however, the car was in a accident and the car was written off.

i then asked skoda direct if i was entitled to a refund for the service pack due to it being written off. they initially said yes and to contact the dealer. i then contacted the dealer and they said they talked to skoda and they said i wasn't entitled to a refund. i then contact skoda again and the initial information they gave me was wrong. they just i can transfer it to a new skoda but cant get a refund.

in reading the terms and conditions of the service pack they do seem ambiguous and i could be screwed because of this and it doesn't mention what happens when a car is written off.

i believe i should get a refund and i am looking to chase it up with ACCC. or i am wrong to think i should be entitled to a refund

https://az749841.vo.msecnd.net/sitesenau/alv1/ff842108-0fbe-...

Poll Options

  • 12
    should get a refund
  • 52
    shouldnt get a refund

Comments

  • +18 votes

    8 Cancellations and refunds
    Except to the extent permitted by law, the ŠKODA Scheduled Service Pack is non-refundable and
    cannot be cancelled once purchased.

  • +3 votes

    i am wrong to think i should be entitled to a refund

    Yes.

  • +8 votes

    Bought, not brought.

    • +7 votes

      *brang

  • +1 vote

    Won't Skoda just pair it with whatever Skoda your Insurance is replacing your vehicle with?

    •  

      i got paid out with insurance and bought a different car make

  • +2 votes

    Terms and conditions seem fairly unambiguous to me.

    But maybe hit up their social media channels publicly (assuming they have them), and politely ask if they can give you a refund, or at least partial refund, given your situation.

    • +1 vote

      This would be your best bet if you want to kick up a stink, but given they are happy to transfer it to another Skoda it seems maybe you could try selling the service pack to another Skoda owner and then asking Skoda to move the service pack over to that VIN?

    • +3 votes

      Yes try this - is everyone just on their high horse today because of the Monday blues? Do you really think anyone is going to buy a service pack thinking "oh I'm probably gonna have a write-off accident before I use all these services" and scrutinise the T&Cs to this extent?

      The T&Cs say no refunds, but it's unnecessarily brutal and leaves a bad taste for future customers to deny a refund based on uncommon grounds like this. Appealing to someone public facing will hopefully alert them to this.

      I'm not aware of any ACCC rulings similar to this, but ACCC takes a dim view of gift card expiry dates. Perhaps an argument could be formed along these lines? (i.e. you pre-paid for services and said services became impossible to redeem due to circumstances beyond your control - buying a new car seems to be an unreasonable obstacle to continue service)

    •  

      Leave a review on ProductReview, as they may monitor it. Also, send a copy of the review to Skoda. :)

  • +3 votes

    they just i can transfer it to a new skoda but cant get a refund.

    Then purchase a replacement ŠKODA

    •  

      while looking for a new car, i did look at a new skoda and when initially talking to the dealer about what credit i would get for the service pack, they said it wasn't transferable and to contact my insurance for a refund which annoyed me as getting a service pack isn't condition of insurance so why would they pay out. when i did ask insurance about the service pack they said they dont cover them, so i didn't really go further in looking more into a skoda for that and also it probably was going to cost more than i could afford

  • +6 votes

    I sympathise with OP but welcome to another episode of ‘I didn’t read the Terms and Conditions prior to purchase’.

    •  

      Also missing episode's of Google and research first.

    •  

      All 5 pages in size 5 font. :)

  •  

    fair enough that most people think i shouldn't get a refund.

    skoda are absolutely in their right to make decisions that are legally right but

    do people think i should morally get a refund in my situation or i have no reason to expect a refund morally or legally

    also i didn't myself ask to read the terms and conditions but don't remember ever being given a copy

    • +3 votes

      It's a bit of a dog act from them really. They are keeping your money for no service provided. It's entirely profit for them. "Fair" might be a refund less 20% or something, but tbh you've got no chance.

    • +8 votes

      do people think i should morally get a refund in my situation

      No.

    •  

      morally != legally.

      So your hope is, in the future the consumer laws changes, like with gift cards now have minimum 3 years (changed in Nov 2019), than the typical 1 year prior to that… So in your case you'll hope a change would be, a refund if car is written off in the future…

    •  

      No. If you bought extended warranty would you expect a refund too?

      Quite generous of them to offer to transfer to another vehicle I think. Nothing moral or immoral about it.

  •  

    Can't you sell it ?

  • +5 votes

    the car was written off.

    The Scheduled Service Pack remains with the Eligible Vehicle when there is a change of ownership. The asset has been written off and is now owned by the insurer. The First Purchaser no longer owns the asset which means they have no right to claim a refund.

    7 Transfers
    Subject to section 11 of this document, the entitlements of the ŠKODA Scheduled Service Packs remain
    with the Eligible Vehicle if the First Purchaser or any subsequent owner on-sells the Eligible Vehicle
    provided that, as at the time of re-sale, the vehicle has had all necessary Scheduled Services performed.
    The Eligibility Period of the vehicle is not affected by any transfer of the vehicle.

    11 Change of ownership
    Subsequent registered owners may obtain the benefit of any unexpired portion of the ŠKODA 3 or 5
    Year Scheduled Service Pack by completing the Owner Amendment Form available on ŠKODA’s
    website at https://au.skoda.com.au/contact-us/ following the purchase of the vehicle. Alternatively,
    customers can contact ŠKODA Contact Centre on (toll-free) 1800 607 822 between 7:30am and
    8:00pm Monday to Friday (AEST) or email [email protected].
    Subsequent registered owners will be subject to all of the provisions, limitations, and exclusions
    (including the Exclusions) set out in these Terms and Conditions.

  • +2 votes

    The latest in dealer rip off methods? Convince you to pay upfront for servicing and hope you get busy and don’t show.

    Seems really similar to ‘extended warranty’ that covers nothing much or premium ceramic coating and interior protection package for a new car.

    •  

      Yep it's practically a scam. Why on earth would you pay so far in advance for something so mundane as car servicing?

      • +2 votes

        BeCauSe I’Ll sAvE 3%

  • -1 vote

    Definitely talk to ACCC. Regardless of the t's and c's, you are unable to get what you paid for.

    Do let us know how you go.

  •  

    At worst you have no case and ask for any service items included in the package like oil and filters to sell and get some money back

    edit - ah just read its no longer in your name

  • +1 vote

    I think the idea is you get a good price (good discount) and pay upfront locking your services (and money in)

    If you want the flexibility of not being locked (in case… You know, you write off your car or something ), then you'll need to pay more for each service.

    You can't have both flexibility and discount with no skin in the game.

    • +1 vote

      I think the idea is you get a good price (good discount) and pay upfront locking your services (and money in)

      Kinda, the idea is for the dealer to collect more money upfront so they can pay down debt sooner. It might seem like a way to save money on servicing, but it’s really about the dealer profit. They want you locked in and hope you don’t use the service.

  •  

    Put your request for refund in writing, explaining that your understanding of the package you purchased is that if the the car was written off and you can therefore no longer receive the service that the remaining portion of the package would be refunded. Also mention that you were verbally told this. If you don’t get the outcome you are hoping for form this then you have the option to go to fair trading, citing the same information https://forms.business.gov.au/smartforms/servlet/SmartForm.h...

    You may not get the outcome you want but given the high $ I think it’s worth a try.

  • +1 vote

    If you dont get a refund ask them for all the service parts that would of covered your 5 services ie oils, filters etc.
    The parts are a physical item and you have paid for them.
    Unfortunately cannot walk away with the labour.

    •  

      bring your own bottles for the oils? ;-)

  •  

    According to ACCC, "You can’t cancel a service contract or get a refund if the problem was outside the control of the provider". In this case, you had an accident which means you won't be able to get the car serviced, but this is not within SKODA's control. Yes, they should be able to refund you - but according to their terms and according to Australian law, they don't have to.

    Further information is available at https://www.accc.gov.au/consumers/consumer-rights-guarantees....

  • +1 vote

    Why did you purchase this "pack"? How would you know what lay 5-10 years ahead?
    You took the gambol, you lost.