No Refund on Discount Tickets

mabde3 on 19/03/2023 - 22:21
Last edited 20/03/2023 - 13:25 by 1 other user

Hi guys just looking for some advice.

I recently booked an activity ($$$) to do with a friend and unfortunately it was cancelled by the operator due to bad weather. I had purchased a discounted seasonal ticket from the operator's website which is around 15% cheaper that a full priced ticket.

On confirmation of the purchase, I agreed to the operator's terms and conditions which (I didn't realise at the time) stated that there would be no refunds for discounted tickets under any circumstances - even if the event was cancelled due to bad weather.

I spoke to the operator and the best they could offer was a rebook. However, given how much preparation this sort of activity requires for myself to reschedule again I don't know if I will be able to at any time in the short-mid future.

I guess my question is whether it is fair for them to refused to provide a refund despite not receiving the service on the day and date which I bought the tickets for. I suggested they charge a cancellation fee of some sort to which they declined.

Thanks in advance for your insight and advice.

Edit: thank you for your comments! It seems that I was wrong to try and push for a refund under these circumstances - I will attempt to reschedule and have a good time regardless!

Entertainment

Comments

  • adam on 19/03/2023 - 22:45
    +3

    I think its fair.

    I mean, it sucks that you got caught out, but it is fair they offer these conditions on a discount ticket and people can take it if they want it.

  • Mechz on 19/03/2023 - 22:46
    +13

    They're giving you a rebook. That's about as fair as any ticket agency would give.

    Just because it's difficult for you doesn't make it their problem.

    • AustriaBargain on 20/03/2023 - 00:31

      Kind of annoying though if you booked flights there for that particular day and the return flight for the next morning.

      • jjjaar on 20/03/2023 - 08:26

        Depends what it is though. If it’s something like a hot air balloon which is clearly affected by the weather, then that’s on whoever booked it to assume that it would go seamlessly.

  • dtxau on 19/03/2023 - 22:50
    +2

    It's fair. Just rebook.

  • JimmyF on 19/03/2023 - 23:08

    I had purchased a discounted seasonal ticket from the operator's website which is around 15% cheaper that a full priced ticket.

    The fact it was 15% cheaper should have given it away something was different about it.

    I spoke to the operator and the best they could offer was a rebook.

    Generally this is the common policy for 'tickets' to events that might be cancelled. aka hot air ballooning that might be cancelled by the operator due to bad weather.

    • AustriaBargain on 20/03/2023 - 00:29
      +1

      Shouldn't it be the default policy? Operators could decide to lower their labour costs by not rostering any workers on that day and cancelling the event due to "weather" otherwise, pocketing the money and saving a bundle on professional balloon operator wages or whatever.

      • jjjaar on 20/03/2023 - 08:28

        They still need someone to check the weather and make a decision, and the other staff are on call and still have to wake up early to find out what the decision is.

      • JimmyF on 20/03/2023 - 09:24
        +1

        Shouldn't it be the default policy? Operators could decide to lower their labour costs by not rostering any workers on that day and cancelling the event due to "weather" otherwise, pocketing the money and saving a bundle on professional balloon operator wages or whatever.

        I'm sure it is their 'default' policy, the OP is just spinning it in a way to fit their angle, making it sound like they lost the money and the 'best' the company could do was a reschedule, aka as in what their policy said, no refund for weather events only reschedule. Be great if the OP shared the company so we could all see.

        I've done hot air ballooning before and it is slapped all over the tickets that bad weather is a reschedule event, not a refund. The companies all send a text early in the morning advising if they think the event will go ahead or not before you travel to the take off point.

        I've done outdoor movies and the same, a rained out night is a reschedule. Which happened to us.

  • redfox1200 on 20/03/2023 - 01:06
    +2

    they did charge a cancellation fee, 100% of the discounted price

  • kyle on 20/03/2023 - 06:56

    Yes it's fair. Remember to read the terms next time.

  • original15 on 20/03/2023 - 07:19

    Hot air ballooning?

    • Xistn on 20/03/2023 - 09:10

      Prob that or skydiving

      • pharkurnell on 20/03/2023 - 10:07

        Why get out of a plane thats going to land….. never understood that.

  • djsweet on 20/03/2023 - 08:20
    -2

    T&Cs do not override your consumer rights. Check the ACL. You can’t be charged for no service. Not sure if that would be the case here because they are offering to provide the service at another time. However, since the “other time” is going to come at significant expense and inconvenience to you, you maybe be able to argue it is not reasonable. Anyway you would have to check the ACL to see if you have a case, and if you do, you would need to open a case with your state’s fair trading to enforce.

    • sheamas88 on 20/03/2023 - 10:45

      Straight from the ACCC website

      However, a consumer is not entitled to a remedy under the consumer law if the cancellation or change is due to:

      • actions by a person other than the event organiser, such as government restrictions banning the event from going ahead, or
      • an event beyond human control, such as a natural disaster interrupting the event.

      In these situations, the remedies consumers are entitled to will depend on the terms and conditions of their ticket. Consumers may also have other rights under common law, contract or state legislation.

      So T&C that OP agreed to most likely apply

      • djsweet on 20/03/2023 - 10:50

        I don’t think inclement weather necessarily falls into either category you mentioned. It’s not unusual or unforeseeable. I do take your point though. I think there is room for interpretation in the OP’s favour, but whether he wants to take it that far is up to him. Personally, I probably wouldn’t be stuffed.

  • Seraphin7 on 20/03/2023 - 09:53
    +1

    On confirmation of the purchase I agreed to the operator's terms and conditions which (I didnt realise at the time) stated that there would be no refunds for discounted tickets under any circumstances - even if the event was cancelled due to bad weather.

    You already know what the answer is.

    Whenever you buy a "cheap ticket" there is (by definition) something that will make its terms different to the full priced one that is available for purchase at the same time. When you save with one hand, you are giving away something with the other.

  • Tee Rex Arms on 20/03/2023 - 10:59

    Rebook offered. End thread.

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