Do test days come under Consumer Contracts Regs?

Do test days come under Consumer Contracts Regs?

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Discussion

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
Just curious, but would a test day booking made online come under the 14 day right to cancel part of the Consumer Contract Regs? Reading about it on the Which website looks like it does to me.
Cheers!

Sebring440

2,307 posts

103 months

Tuesday 10th September
quotequote all
BertBert said:
Just curious, but would a test day booking made online come under the 14 day right to cancel part of the Consumer Contract Regs? Reading about it on the Which website looks like it does to me.
Cheers!
Test day for what? Driving test? Test cricket? University Clinical Aptitude Test?

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
Doh, sorry. Race circuit test day

MustangGT

12,268 posts

287 months

Tuesday 10th September
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Interesting one. Normally you 'reject' the goods or services within 14 days of receipt. If you attend the track day, what are you rejecting?

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
Test day is a week tomorrow. I have cancelled, the place went back on the website and was sold in 10 mins, refund is refused (under "terms and conditions")

Drumroll

3,976 posts

127 months

Tuesday 10th September
quotequote all
I don't think we can answer this one. How was it booked? was it through an experience day? What do their terms an conditions say? Why are you rejecting it?

MustangGT

12,268 posts

287 months

Tuesday 10th September
quotequote all
Hmm. I suggest a read through the Act for specific sections, then explain why their Ts & Cs cannot over-ride the law.

Edited by MustangGT on Tuesday 10th September 17:53

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
Drumroll said:
I don't think we can answer this one. How was it booked? was it through an experience day? What do their terms an conditions say? Why are you rejecting it?
Booked online direct with circuit
Not rejecting, cancelling for convenience
Terms don't matter as I am interested in what the law says

lancslad58

1,099 posts

15 months

Tuesday 10th September
quotequote all
BertBert said:
Booked online direct with circuit
Not rejecting, cancelling for convenience
Terms don't matter as I am interested in what the law says
I think MustangGt answered your question.

Dr Interceptor

8,043 posts

203 months

Tuesday 10th September
quotequote all
This is a vague one, but I would imagine this falls under the same category as events, a bit like concert bookings and such like. It is a 'hosted' experience, rather than a physical product being bought.

You'd be entitled to a full refund if the organiser cancels or moves the event.

You've got no legal right to a refund if you've bought a 'ticket' and the event is going ahead but you've changed your mind. Best you can hope for is the organiser lets you re-book a different day.

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
Possibly this excludes it...

This Part does not apply as regards the following—

the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

Mojooo

13,020 posts

187 months

Tuesday 10th September
quotequote all
As above, leisure services for a specific date are excluded from the right to cancel.

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
Cool, thanks, asked and answered!

Bill

54,200 posts

262 months

Tuesday 10th September
quotequote all
Whatever the contract or law says it seems more than a little cheeky to resell it. I'd expect a refund minus an admin charge. Maybe time to take to social media and then look at section 75.

OverSteery

3,667 posts

238 months

Tuesday 10th September
quotequote all
BertBert said:
Test day is a week tomorrow. I have cancelled, the place went back on the website and was sold in 10 mins, refund is refused (under "terms and conditions")
IANAL, but I would look at whether the T&Cs are reasonable. The company has actually increased its profit due to your cancellation (as they have re-sold the place). Looks like the clause for cancellation might be a penalty clause, which I was always told wasn't legal.

Dr Interceptor

8,043 posts

203 months

Tuesday 10th September
quotequote all
Technically as you haven't received a refund you still own the ticket, and could still attend?


skyebear

407 posts

13 months

Tuesday 10th September
quotequote all
Mojooo said:
As above, leisure services for a specific date are excluded from the right to cancel.
I thought that was there to protect the seller if they can't resell so they don't suffer any detriment? Given they seem to have sold the OP's space without issue surely they should be providing a refund, even if they deducted an admin charge?

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
As I definitely can't do it, I verbally cancelled. I got nowhere in debating the fact that they could resell it and should give me something for that.

In the end rightly or wrongly I asked them to "take it back" which they did. I saw the number of remaining places on their website go from zero to one then back to zero again.

In my quite a few years of racing there have been a few times like this of changes and cancellations etc. Most circuit organisations (apart from this one) have been very friendly and accommodating (especially when the places have been in high demand).

This is the first one that has been all terms and conditions and rather testy about the whole affair. Great circuit, not very nice organisation.

mcpoot

876 posts

114 months

Tuesday 10th September
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Standard question: Did you pay for it using Credit Card? If so Section 75 may be your friend.

BertBert

Original Poster:

19,681 posts

218 months

Tuesday 10th September
quotequote all
mcpoot said:
Standard question: Did you pay for it using Credit Card? If so Section 75 may be your friend.
The trouble is that their terms and conditions are clear and seemingly in line with statute. Whilst I am disappointed in the outcome, I only have a moral complaint, not a legal or commercial one as far as I can see.