Money back from cancelled sports trip.

Charlie George

Hi there,i am involved in a football team that decided to go to a premier soccer match in england last year,over fri. morning and back Sun. evening.we paid up our deposit of e2500 to the sports travel agent and were ready for trip,then about 6 weeks before trip the match was moved from sat. to monday evening to suit Sky Sports which meant going over on sun. morn and back on tue. evening,the majority of our group pulled out due to work committments,when we looked for deposit back travel agents said we could go for new date this year,we got new price from them and it was over e100 dearer than last year so we decided not to go,trouble is travel agents say they wont refund deposit as it was not there fault the match was changed etc.
Just wondering where do we stand legally,is there a small claims court we could go to,we tried talking to agent but to no avail,all help appreciated.

Atlantic Dawn

I would think the travel agent did all they could, it was the club who changes dates to be fair and an increase of €100 to accommodate this change would seem reasonable.

MarkAnthony

It's over the jurisdiction of the Small Claims Procedure, you'll need to take the matter to the district court with all of the relevant paperwork and evidence. You'll really need a solicitor; they can also advise as to the merits as the travel agent may have a defence.

Victor

http://en.wikipedia.org/wiki/Herne_Bay_Steamboat_Co_v_Hutton

http://en.wikipedia.org/wiki/Krell_v_Henry

Charlie George

Victor wrote: »

http://en.wikipedia.org/wiki/Herne_Bay_Steamboat_Co_v_Hutton

http://en.wikipedia.org/wiki/Krell_v_Henry

I dont think cases from 1903 are any relevence,just want to know have we a right to our money back.

goz83

Your reasons for needing to change dates are immaterial to the travel agent. These things happen unfortunately. I went to the USA this time last year during the shutdown and missed out on lots of things. Its life. Suck it up. Lose the deposit, or pay the extra and have a ball at the next game. The TA seems reasonable enough.

clint_silver

Charlie George wrote: »

I dont think cases from 1903 are any relevence,just want to know have we a right to our money back.

Krell v Henry is precedence here. If you dont accept precedence then everything is a guess in which case yours is as good as anyone elses.

When you booked and signed contracts, did the contracts state that the event did not go ahead on the days that you were booking for, that you would get the money back? I would hazard a guess that they didnt.

Ive used whartons a few times

http://www.whartonstravel.com/terms-conditions.php

Whartons Travel Ltd will notify you in writing as soon as possible, if a football match is transferred or postponed. All monies paid will be transferred to the new date without question. Whartons Travel Ltd cannot accept responsibility for any such changes and reserve the right to alter the itinerary or length of stay in accordance with any such changes.

Id have a good guess that all tour operators have similar terms and conditions.