Consumer rights regarding an expired voucher

Fantasy_Suicide

Hi All!

I purchased a Sky Diving voucher online for my husband in December of last year. Pretty expensive as you can imagine. He has been working weekends and hasn't really had a chance to use it. He's just been laid off so he decided to look into it.

He called today only to be advised the voucher had expired on October 31st.

The voucher does not physically have an expiry date, but does have Ts and Cs. I went to the webside that has these Ts and Cs mentioned. The Ts and Cs doesn't say when this voucher had expired.

I did call and probably didn't do myself any favours. I was understandably very angry. I did shout (totally unlike me, I worked in a call center for AIB for 5 yrs) and slammed down the phone.

I wrote an email outlining my position and highlighting the fact that the Ts and Cs don't state clearly what the expiry date is. I received an email back advising that you have to click on the voucher code to go to ANOTHER set of Ts and Cs to within this set if Ts and Cs to see what the exp date is. The website looks like it was built in the 90s and the table that you're supposed to click on isn't clear at all!

Here's my issue. 350e has just been thrown away. I feel the business have not been clear about the expiry date. I know others have been caught out also. I'm tempted to take it to small claims, but I fear it's probably a lost cause.

Advice?

Fantasy_Suicide

Sorry, just realised this could be the wrong board. Mods, please move to consumer issues if that is more appropriate

Paulw

Unfortunately, there are terms and conditions to the voucher. You didn't use it in time.

Some places will allow you to buy an extension of time on the voucher, but that is usually only for another 6 months after the voucher expires. Most of those type vouchers are valid for a year.

Anyway, if you take a case to the small claims court, you are highly unlikely to win.

The best you can do is call them back and ask is there any way to extend the voucher, even if you have to pay some additional fee (not sure if you could afford that either). They may, or may not, be helpful.

See - http://www.consumerhelp.ie/gift-vouchers

Miaireland

Normally when you purchase vouchers online you tick a box say that you have read/agree to the terms and conditions. If you did this and it either told you about the expire date or directed you to the other terms and conditions which told you about the expire date then I don't really see that you have a leg to stand on with a claim.

I would suggest contacting they and asking them would they extend the voucher as a gesture of goodwill, however they may not after your phonecall.

MarkAnthony

I used to rock up to RAF Benson and Dalton barracks when I were a lad for the various things they used (and still do!) let teenagers fly in the UK and there is always some issue. These things are great gifts but very difficult to use unless you have a huge amount of free-time. The only thing you can really do is try and negotiate with them, but I suspect these places expect a number of these vouchers to go unused; they know, for reasons explained above, that people won't get round to using them.

Might be worth trying the Small Claims Procedure under unfair contract terms regs. I have a feeling you're out of luck though

slimjimmc

It may not be the same company the OP used but this company's terms clearly state to check the specific T&C for your voucher code.
http://www.skydiveireland.ie/terms.php

Your Voucher Code is listed on your voucher. Select the Voucher Code that matches a voucher or one of our offers from the following list to view the Terms and Conditions for that offer/voucher:

and if you click a voucher code (e.g. Xmas offer) the validity of the ticket is clearly stated.
http://www.skydiveireland.ie/xmas-terms-affordable.php

Terms & Conditions - (XA) - X-Mas Affordable Voucher
- Balance owed on Voucher due before Skydive can proceed.
- Valid for use 1st March - 31st October 2014 - (X-Mas 2013 Voucher Purchases).
- Valid for use 1st March - 31st October 2015 - (X-Mas 2014 Voucher Purchases).
- Subject to availability.

I can't see the OP winning this from a legal approach especially if skydives don't normally occur during winter months due to weather and safety reasons.

JimsAlterEgo

probably depends on how buried the expiry is, just becuase it in T&Cs doesnt make it fair.