Company Not Accepting Cancellation of Purchase despite Only a Deposit down

LJDearyMe on 06/05/2022 - 11:48

Hi everyone,

So at the end of last year found out I would be moving to Melbourne, and being a big fan of snow sports I decided to take up Epic Australia's offer of "$49 down today to secure price of $800 for a season pass". Put the initial deposit of 50 bucks down thinking yeah this is a great idea.

Fast forward a few months and I get to Melbourne and have decided it's probably not worth purchasing the pass as I'll only really be able to make it up once or twice for the season and would rather use the money to playing weekly hockey in town. So I messaged them to say hey sorry but no longer want to purchase this pass, understand the 49 will not be refundable but will not be buying the rest of the pass.

Their response took me off guard and stated that by paying the $49 I had committed to purchasing the pass and would be required to pay the rest of the amount in full by May. Luckily the card I initially used is no longer valid, as they've just tried charging me the rest of the amount this week and it's failed. Thank god.

Are companies allowed to do this? They stated you're entitled to a full refund only if you can't attend the season due to illness/circumstance etc etc, but I thought that was only applicable if you've already paid in full and purchased. Can a company really force me to pay the rest of this amount when I have given them months notice that I do not wish to continue with said purchase?

Any help would be appreciated, thanks guys

Sports & Outdoors

Related Stores

Epic Australia Pass
Epic Australia Pass

Comments

  • GG57 on 06/05/2022 - 11:51
    +6

    What were the T&Cs of the offer?

    • JDearyMe on 06/05/2022 - 13:20

      People have shown the T&Cs below, obviously fallen into the trap of not checking these properly. My point is are terms like this even legal?

      Definitely a trap in the sense that they did not make it clear at all that once your put 49 down you're locked into paying the rest. If I saw this mentioned obviously would have thought twice about purchasing.

      My fault of course for not reading through the T&Cs carefully, but really whoever does scan these intently.

      • GG57 on 06/05/2022 - 13:24
        +1

        Are the T&Cs posted by others here the same T&Cs that you accepted at the time of purchasing the pass?

        If they are, in my reading you are committed to the purchase of the pass.

  • Euphemistic on 06/05/2022 - 12:10
    +1

    What were the T&Cs of the offer?

    You didn’t read the fine print did you.

    • JDearyMe on 06/05/2022 - 13:24
      -4

      Does anyone???

      • JDearyMe on 06/05/2022 - 13:25
        +5

        For something like this to be written in the depths of the T&Cs seems extremely shady and something that should be advertised clearly before using marketing to get people to commit to a purchase

        • doweyy on 06/05/2022 - 13:53
          +9

          It's not buried deep in T&C's, it's outlined on the FAQ's page specifically:

          The $49 upfront payment, as well as the balance, is non-cancellable, non-refundable and non-transferable.

          You're treating this as if it's a "deposit" which it's not. You are effectively pre-paying $49 out of the total to secure the price, not putting a deposit down. The business model is designed this way to have free-flowing cash all year round and that is why the passes are cheaper if you book early.

          It's also advertised as the full price with a $49 downpayment. It does not read like a $49 deposit or otherwise, it's specifically advertised as the full price with a small amount upfront.

          It sounds like you have got around it by having your card have no balance, which should get around any further payment per the T&C's.

  • [Deactivated] on 06/05/2022 - 12:12

    Seems like you signed up to the pass with only part payment required up front ($49). If this was in the T&C I'd say fair enough.

  • SF3 on 06/05/2022 - 12:13

    “Deary me” indeed.

  • CrowReally on 06/05/2022 - 12:14
    +5

    It seems unfair but it sounds like the (sneaky?) deal is you've committed to buying the full pass, but they've very kindly let you pay only $49 upfront.

    Of course this lets them put $49 on their promo materials in large font. I would have fallen for the same trick ("Oh, it's a deposit").

    • JDearyMe on 06/05/2022 - 13:24
      +4

      Hook, line, and sinker. Very shady indeed

  • Hithere on 06/05/2022 - 12:18
    +1

    the card I initially used is no longer valid

    As already stated, read the Terms and Conditions carefully.

    You may find that you are obligated to pay the rest of the payment and the company may put the remainder of the payment into the debt collector's hands if they are so inclined.

    This may cause future credit rating issues

  • freefall101 on 06/05/2022 - 12:19
    +10

    https://www.epicaustraliapass.com.au/images/Terms_and_Condit…

    T&Cs state "WHERE YOU FAIL TO PAY THE REMAINING BALANCE WHEN IT FALLS DUE PRIOR TO THE COMMENCEMENT OF THE 2022 AUSTRALIAN SKI SEASON, YOU FORFEIT ANY RIGHT TO THE PASS"

    Seems pretty straightforward to me, don't pay it, you don't get the pass (which is exactly what you want). The rest of the wording seems to try say you can't get out of it, but there's no penalties if you don't pay up the rest of the money so simply don't do it, problem solved.

    I'd tell them to go jump. They can try charge you a termination fee but it can't be an unfair amount and they'd have a hard time claiming $49 isn't enough. I'd also look at reporting them to the ACCC, their "here's our rules except where we're breaking the law" stunt isn't looked on too kindly.

    • JDearyMe on 06/05/2022 - 13:23
      +1

      This is essentially my thinking. Very happy to not get the 49 back and by not paying the rest of the amount I don't get the pass so unsure what more they want?

      Am worried as someone mentioned above of them referring the debt to a collector. If this were to happen would I have a leg to stand on with the ACCC?

      • Euphemistic on 06/05/2022 - 19:14

        The terms and conditions outline what yuh can and can’t do. READ THEM AGAIN.

  • z z on 06/05/2022 - 12:21
    +1

    Is this the site? Epic Australia

    This is from the Terms and Conditions on that page (their caps), section 12b:

    BY PAYING EITHER YOUR INITIAL PAYMENT OR YOUR PAYMENT IN FULL FOR YOUR EPIC AUSTRALIA PASS(ES) YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE COMMITTING TO BUY THE EPIC AUSTRALIA PASS(ES) FOR THE 2022 AUSTRALIAN SEASON AND THE 2022- 2023 NORTHERN HEMISPHERE SEASON. YOU UNDERSTAND AND ACKNOWLEDGE THAT WHEN PURCHASING EPIC AUSTRALIA PASS(ES) WITH AN INITIAL PAYMENT, YOU REPRESENT THAT THE CREDIT CARD YOU PROVIDE WILL BE AUTHORIZED FOR PAYMENT OF THE REMAINING BALANCE OF YOUR PURCHASE ON OR ABOUT 3 MAY 2022 OR A LATER DATE AS COMMUNICATED BY US. WHERE YOU FAIL TO PAY THE REMAINING BALANCE WHEN IT FALLS DUE PRIOR TO THE COMMENCEMENT OF THE 2022 AUSTRALIAN SKI SEASON, YOU FORFEIT ANY RIGHT TO THE PASS. YOU WILL NOT BE ENTITLED TO CANCEL OR OBTAIN A REFUND ON YOUR EPIC AUSTRALIA PASS(ES) PURCHASE AFTER THE INITIAL PART PAYMENT OR
    REFUNDS / CANCELLATIONS:
    Except as provided under the Australian Consumer Law, in our Terms and Conditions or under the Epic Coverage – Australia Refund Policy, the Epic Australia Pass is a non- cancellable, non-refundable purchase. The Epic Australia Pass (and any payment made for the pass) cannot be transferred or deferred to a future season.
    4
    FULL PAYMENT OR RECEIVE A REFUND OF THE EPIC AUSTRALIA PASS(ES) FEES (OR ANY PART THEREOF) UNLESS: 1) WE HAVE FAILED TO COMPLY WITH THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW OR ARE OTHERWISE REQUIRED BY LAW TO PROVIDE A REFUND; OR 2) THE EPIC COVERAGE – AUSTRALIA REFUND POLICY APPLIES (SEE BELOW). YOUR EPIC AUSTRALIA PASS(ES) (AND ANY PAYMENT MADE FOR THE PASS) CANNOT OTHERWISE BE CANCELLED OR REFUNDED. YOUR EPIC AUSTRALIA PASS(ES) (AND ANY PAYMENT MADE FOR THE PASS) CANNOT BE TRANSFERRED OR DEFERRED TO A FUTURE SEASON.

  • orangetrain on 06/05/2022 - 12:22
    +2

    Australia snow area is full of tourist traps, looks like you stepped on one of them!

    • JDearyMe on 06/05/2022 - 13:21

      Tears :(

  • spackbace on 06/05/2022 - 12:58
    +2

    Sounds like a gym membership…

  • pharkurnell on 06/05/2022 - 13:32

    I'll offer you $10 for your $800 pass once you've paid up… that way your not losing as much.

  • [Deactivated] on 06/05/2022 - 13:32
    +7

    It doesn't matter what the T&C claim, they are hoping you will give in and pony up the remaining amount. Let them go jump in the lake, they will not chase this up or bother you, just ignore them, change your credit/debit card details (just tell them you lost it and wait for reissue), it isn't even something that can be reported to a credit agency. Companies can and do claim all manner of things in their T&C, that doesn't mean it's legally binding.

    • JDearyMe on 06/05/2022 - 14:01

      This is what I'm thinking. I know a lot of people are like "oh it's in the T&Cs so sucked in" but I've never seen anything like this and it actually be a thing that's legally requiring me to pay the rest.

      • GG57 on 06/05/2022 - 14:35

        I've never seen anything like this…

        So you didn't read the T&Cs

      • [Deactivated] on 06/05/2022 - 15:08
        +2

        Don't sweat it, and don't let people like that guy bully you into thinking you need to pay because you didn't read the T&C or whatever else. Don't pay and don't stress over it at all.

  • PissLUR on 06/05/2022 - 14:16
    +1

    similar to buying a car..

  • JimmyF on 06/05/2022 - 15:38
    +2

    Are companies allowed to do this?

    What do the T&Cs say? As ""$49 down today to secure price of $800 for a season pass" sounds like you have entered a agreement to purchase the product for $800 and paid $49 as payment to secure your spot.

  • Presence on 06/05/2022 - 16:04
    +2

    It's infuriating that despite the T&C's that they are going after the $750. It has cost them nothing and it's just 100% greed. It's not like they've started building a product or have a flight booked.

    The company might be technically correct but it leaves a very nasty taste.

    • GG57 on 06/05/2022 - 16:13
      +3

      To be fair, we don't know that it has cost the seller nothing. They may have entered into an arrangement to sell xxx volume of passes, or they may have had to pre-buy them.
      By not fulfilling the agreement, the purchaser may cause the seller to lose money.
      At the very least, it is a potential loss of a sale for the seller which they may or may not be able to re-sell.

      We don't know.

      BTW, I'm not in any way aligned with the seller and don't really care of the eventual outcome, but OP came on here asking for advice when OP admits they did not read or comprehend the agreement they signed up to, and is looking for a way out.

    • doweyy on 06/05/2022 - 16:20
      +4

      I don't think you're seeing this the right way. The Epic Pass offers discounts during the year leading up to the season, this offer is specifically to lock-in the cheapest possible price for the season pass early. It may not have "cost them anything", but they are offering a discount in exchange for a locked-in sale.

      The OP in this case just hasn't read the terms of the offer correctly. If they wanted to buy a pass now, it would be $999. But instead, they paid early (albeit $49 with $800 charged in May), saving $150. That is how the business model of most ski fields works, if you don't like it, then you have to pay top dollar when it gets closer to the season. The pass will rise in price again at the end of May.

      It's designed this way to smooth out revenue during the year somewhat and lock-in sales.

  • [Deactivated] on 06/05/2022 - 19:11

    Op new what they were doing and committing to, debt collector incoming.

  • lainey13 on 06/05/2022 - 21:03

    Report back if any debt collectors contact you. Otherwise just move on and thanks for the PSA!

  • jakka on 07/05/2022 - 07:13

    It wasn’t just a case of not reading the T&C’s it is clearly stated in there FAQs as well. However I agree that is best to wait and see what they do. I doubt they will pass it directly to a debt collector without trying to contact you for payment a couple of times first. They lose a significant portion of the money when selling to a debt collector so it would be worth their time to follow up first.
    If they don’t follow up, then they probably have no costs incurred yet and are satisfied to not provide the pass and keep the $49. If they have incurred costs then it will likely be followed up before passing to a debt collector. If that occurs I would be calling and escalating, to see how you go.

  • turbochris on 07/05/2022 - 08:00
    +4

    It's a shame that sore knee of yours will prevent you from skiing this year.

    • fishka2 on 07/05/2022 - 17:55
      +1

      Exactly! OP should google bursitis/arthritis symptoms and report them to doctor for a certificate. Seems like a one of the get out options under t&c.

  • lilwinx on 27/04/2023 - 09:27
    +1

    Did this work? In a similar situation and wondering if the debt collectors came after you.

    • leesailor7 on 30/04/2023 - 19:28

      Second this, in the same position and currently contemplating the previous suggestions of not having sufficient funds on the debit card and then potentially cancelling it if that doesn't suffice. Some of the people on this thread are just corporate boot-licking knobs, so would take anything they say with a grain of salt.

  • Victorkrum12 on 02/06/2023 - 12:29

    Hello

    Just wondering what the outcome was for this situation? Did they get the debt collectors on you?

    Thanks

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