Am I unreasonable to expect a refund?

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Direct Link To This Post Topic: Am I unreasonable to expect a refund?
    Posted: 11 Nov 2010 at 7:02am
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In August I responded to an announcement on the site for a three day luxury fishing trip out to Great Barrier to catch hapuka and kingfish, it sounded ideal for a father/son trip I try to plan each year and other site members were saying it was great value. http://www.fishing.net.nz/asp_forums/forum_posts.asp?TID=56034&title=crew-needed-for-puka-kingi-missiOnupdated-8-aug
Checked that I could get leave and taking three days off didn’t clash with any of my son's commitments, after some juggling of duties all arranged and PM sent including depositing the $1000 as full payment for the trip. At the time I thought it strange that in capital letters there was to be no payment at the boat, could do a deposit for 20% but then you would still have to do the full payment prior so decided I might as well do the full payment. As we approached the 27th of August, departure date I was keeping a check on Swellmap and it didn’t look good and the skipper postponed the trip due to the weather and advised a new date, 10th September, and asked if it was suitable. Bit of juggling leave, cancel one day and check to see if next day is OK and checking with my son to see how his study time table was looking and the new date was OK. I also decided to do another trip with the skipper up to Northland Seafood and Wine festival this time taking my wife as she was OK for the boys to go out for three days, just before this trip got a message the trip had been cancelled as the boat was not ready it needed a part. Replied that was a pity and would that apply to the Great Barrier trip planned for 10th September, got an answer hopefully no, but that wasn’t to be and the skipper postponed that trip too due to his boat not being available until beginning of October. In early October I sent the skipper a message asking what was happening with the postponed trips and got a reply suggesting the 29th of October. I checked with my son but he couldn’t do a three day trip at that time as he was doing his teaching practicum and could not get off on a Friday and he was starting his exams in the middle of November so he needed to study. It is also a very busy time at work and no leave is usually permitted. So I advised the skipper that his suggested dates did not suit us and suggested that he refund the money and I would watch out for another trip next year. Up to this point it had all been civil with a few chuckles over some activity on the site regarding the skipper, but then it all started to go pear shaped. I received an email from the skipper asking if I could find a replacement for my son as he has never done refunds and refunds are no way to run a business and I should let him know what I can do asap, to which I immediately replied that the trip was to be with my son and I did not wish to replace him with someone else, the trip was no longer possible as he had twice postponed the trip I had paid in full but never received the trip and thus a refund was in order. Nearly two weeks go by and I hear nothing from the skipper, in frustration now and starting to get a bit concerned I sent an email to him reminding him that I can no longer do the trip with my son and do not wish to do it with a replacement and the reason the trip did not go ahead as planned was because he postponed the trips, I added that in my business credits are a normal course of business and also in my experience if a charter is cancelled due circumstances by the skipper the deposit is refunded and they only require a deposit so secure a booking, the full fee is paid on completion, if the client decides to pull out and the trip goes ahead they would lose their deposit. I reiterated that I desire a refund and that it should be deposited in my bank account by the end of October or I would consider he has no intention of paying and the matter was in dispute upon which I would take steps to recover the principal plus costs. This immediately elicited a response saying he does not know of any charters operators would give a refund if the client changes his mind and cannot go on a trip, payment in full on completion of a trip is crazy and only some “cowboy” operators would do that, professional luxury operators such as himself, Ultimate Lady, Pursuit are different and I should contact the latter two to find out their payment policies. He finished buy saying given my “attitude” he would endeavour to give me a refund by the end of October.
It is now close to two weeks after the end of October and no sign of any refund so I think he has no intention of honouring his last comment and my $1000 sits in his bank account for a trip I could no longer do because he postponed the trip and the new date was not suitable.
I would be interested in the opinion of others, in particular charter operators, am I being unreasonable to expect a refund? Also a lesson for others if they take up a charter with this operator make sure you are flexible enough to take up the dates he suggests in the event of him postponing a trip as getting your money back if the new date does not suit is difficult.
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Direct Link To This Post Posted: 11 Nov 2010 at 7:09am
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Not being unreasonable at all IMHO especially given it was he that changed the 2nd date due to a fault on his boat. You booked his services for that day and he couldnt provide.....pretty simple in my view.
 
 
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Direct Link To This Post Posted: 11 Nov 2010 at 7:12am
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Thats **** house. I would be going down to the marina to see him. I'm 99% sure who you are talking about too. So far i don't know anyone who has been on a charter with that skipper, everyone i know who has dealt with him has had there trips canceled.

Update. Just clicked on the link in your original post, now I'm 100% sure

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Direct Link To This Post Posted: 11 Nov 2010 at 7:12am
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Yeah you should get a refund.

If there is anything to be learned from this its that you should only ever pay a booking fee for a boat then pay the rest upon boarding the boat at the start of a trip with your own (and any other mates with you)two feet. Especially given you booked in early spring normally see's the wild weather we get then too its reasonable for skippers to expect cancellations of their choice....
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Direct Link To This Post Posted: 11 Nov 2010 at 7:12am
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Mate it's called small claims...or go towards Fair Go, let him know and give him one last chance, sounds like one very dodgy operator and the more I hear the happier I am I didn't book that festival trip....
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Direct Link To This Post Posted: 11 Nov 2010 at 7:14am
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I feel you deserve a refund. regardless of how he thinks he should be doing business you are entitled to one. The cancellations were his call. its no different to buying something from a shop and the product not arriving. doesn't mean the shop can keep your money just because they intended to get the product....  Bad business is pissing your customers of to the point they post on a site like this. 
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Direct Link To This Post Posted: 11 Nov 2010 at 7:15am
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Thats no good at all Charlie. Looks like a trip to the small claims court mate.

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Direct Link To This Post Posted: 11 Nov 2010 at 7:37am
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Owning a charter boat business, I can tell you that the normal process is for a deposit to accompany the booking and final payment to be made prior to the trip commencing. Should the trip be cancelled due to a boat failure or similar, a full refund is paid if alternative dates can't be agreed. Should the trip be cancelled due to weather we (and many/most others) offer a full refund, but there are some different views on this with some operators. However, I don't know of any that would claim full payment due for a trip affected by weather.
On another note, $1000 for 2 people on a 3 day trip to GB is almost too cheap to be credible unless the boat was loaded up with a lot (say 6 - 8) of other guests. 
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Direct Link To This Post Posted: 11 Nov 2010 at 7:56am
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he has never done refunds and refunds are no way to run a business

what a load of crap,  the rest of the story is a prime example of how not to run a business

well within your rights for a refund and entitled to one under the consumer gaurantees act
you are within your rights to request/demand a refund as goods have not been provided to you as agreed
an email requesting this then lodge with disputes tribunal

followed up with a good dose of name and shame
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Direct Link To This Post Posted: 11 Nov 2010 at 8:32am
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Captain plageriser surfaces...... I reckon you are entitled to a full refund. Good luck!

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Direct Link To This Post Posted: 11 Nov 2010 at 8:40am
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This guys reputation is getting worse by the day, say no more..
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Direct Link To This Post Posted: 11 Nov 2010 at 8:49am
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He should provide a full refund!


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Direct Link To This Post Posted: 11 Nov 2010 at 9:11am
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He sound's like a cowboy himself, and he's wrong about Pursuit, we've always paid the balance of our trip costs at the end of a trip.
Get yer money back pronto and don't go near the guy ever again.
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Direct Link To This Post Posted: 11 Nov 2010 at 9:23am
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Sounds like a charter skipper to avoid. Never not had a refund on any of our charters.
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Direct Link To This Post Posted: 11 Nov 2010 at 9:29am
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This operator is a tosser of the 1st order and there should be no issue in respect to the refund. Get your Sh.....e together( ****) and give the man his money back.  You are the one who cancelled the trip and on that basis the client is within his rights to want his money back. 



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Direct Link To This Post Posted: 11 Nov 2010 at 9:35am
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that is bad bad form but appears to be very much par for the course...the more I hear about this guy the less I like.

Mate...DO NOT muck around trying to solve this amicably...do what ever you can to recover your losses ASAP!

Perhaps even try and contact the owners of the boats he is peddling and explain your situation but I'm picking the money went in to his account not theirs and they would not have a clue what is/has been going on.

full shister!
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Direct Link To This Post Posted: 11 Nov 2010 at 9:38am
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That boat is based just around the corner from me on the tamaki river
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Direct Link To This Post Posted: 11 Nov 2010 at 9:55am
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That's just a bad  way to do business mate,  GIVE HIM HIS MONEY BACK!!!

Have been on a lot of charters and never had issue's with refund due to weatherr or boat.
 
I have never had anyone charging for a trip that was cancelled due to weather, Has anyone  been charged??
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Direct Link To This Post Posted: 11 Nov 2010 at 9:56am
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from what you've said, you're due a refund. 
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Direct Link To This Post Posted: 11 Nov 2010 at 10:06am
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Come on captain cowboy give the man his money back
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