"No refunds policy" on an event that never happened - can I use a chargeback legally?

[WVengr]

"No refunds policy" on an event that never happened - can I use a chargeback legally?

What is the name of your state (only U.S. law)? WV

I registered to participate in a 5k race that was to occur this coming Saturday. As of yesterday, it is canceled due to the parent company (who collects the registration fees) failing to pay their bills - both to the company they hired to put the event on, and to the city itself.

The registration ticket says "Registrations are non-refundable under any circumstances"... note that it is on the ticket I received after I paid. Can that "under any circumstances" legally be applied to the company failing to put the event on at all? That seems like a scam loophole.

I have requested a refund and have not heard back from the company yet. If they refuse to refund, is the fact that the event never happened, due to the race owner's actions, enough to override their no refund policy? Would a chargeback be acceptable here, or would you advise another route?

Last question: there were over 2500 participants so I am definitely not the only person contacting them. How long should I wait for a reply before taking action?

 

[CdwJava]

What action do you want to take? Is the entry fee large enough to warrant you taking both the time and the effort (and the associated fees) to file a small claims action? And, even should you prevail and get a judgement, do you think you could collect?

 

[Just Blue]

What is the name of your state (only U.S. law)? WV

I registered to participate in a 5k race that was to occur this coming Saturday. As of yesterday, it is canceled due to the parent company (who collects the registration fees) failing to pay their bills - both to the company they hired to put the event on, and to the city itself.

The registration ticket says "Registrations are non-refundable under any circumstances"... note that it is on the ticket I received after I paid. Can that "under any circumstances" legally be applied to the company failing to put the event on at all? That seems like a scam loophole.

I have requested a refund and have not heard back from the company yet. If they refuse to refund, is the fact that the event never happened, due to the race owner's actions, enough to override their no refund policy? Would a chargeback be acceptable here, or would you advise another route?

Last question: there were over 2500 participants so I am definitely not the only person contacting them. How long should I wait for a reply before taking action?

What was the registration fee?

 

[WVengr]

What action do you want to take? Is the entry fee large enough to warrant you taking both the time and the effort (and the associated fees) to file a small claims action? And, even should you prevail and get a judgement, do you think you could collect?

I would like my money back, that's all. Nothing extra, I don't want to destroy their company or sue them for excessive sums. It was supposed to be a charity event so I would like the money back to put to charity myself. The fee was $43 ($37.50 + fees/taxes).

What was the registration fee?

The fee was $43.19. Yes it's small, but it's significant enough.

 

[Zigner]

I would like my money back, that's all. Nothing extra, I don't want to destroy their company or sue them for excessive sums. It was supposed to be a charity event so I would like the money back to put to charity myself. The fee was $43 ($37.50 + fees/taxes).



The fee was $43.19. Yes it's small, but it's significant enough.

Kiss the $43.19 good-bye. You are in a long line of creditors wanting money, and many of them are way further ahead in the line than you.

 

[mmmagique]

If she charged it on her credit card I see no reason she cannot do a chargeback. Even with a "no refunds" policy, if they don't deliver the "product" (in this case the race) then they have not fulfilled their side of the agreement, and she is entitled to her money back. (imo)

 

[Zigner]

I agree - and I got off-track.

For the OP - when did you charge this?

 

[Isis1]

is this for the Dirty Girl race?

i saw the hulabaloo for that. along with postings regarding the contract.

 

[Just Blue]

is this for the Dirty Girl race?

i saw the hulabaloo for that. along with postings regarding the contract.

Is the "Dirty Girl Race" as nasty as the name implys?

 

[Isis1]

Is the "Dirty Girl Race" as nasty as the name implys?

if mud grosses you out, then yes.

http://www.mudrunguide.com/event/charleston-west-virginia-dirty-girl-mud-run-2014/

 

[WVengr]

I agree - and I got off-track.

For the OP - when did you charge this?

Back in October. It is on a credit card and I have the documentation of the transaction and whatnot. Is there a statute of limitations or something?

is this for the Dirty Girl race?

i saw the hulabaloo for that. along with postings regarding the contract.

Ha, yes in fact it is. It is a big mess, and all the company has done is a post on Facebook saying that they will not be issuing refunds.

Oh yeah, update from the first post: the company won't issue refunds voluntarily.

 

[WVengr]

Is the "Dirty Girl Race" as nasty as the name implys?

It's a "light" version of a Tough Mudder. 5k race with obstacles, but it's non-competitive, and it's for women only (since it is supposed to fundraise for breast cancer research).

 

[Zigner]

Back in October. It is on a credit card and I have the documentation of the transaction and whatnot. Is there a statute of limitations or something?

It's not a statutory matter per se, but it is a contractual matter with your credit card company. For chargebacks, you have to make the claim within 60 days of statement date that the charge appeared on. You are well beyond that.

 

[WVengr]

It's not a statutory matter per se, but it is a contractual matter with your credit card company. For chargebacks, you have to make the claim within 60 days of statement date that the charge appeared on. You are well beyond that.

OK thanks. Good to know in the future... though of course I hope I will never actually need it.


I went ahead and called my CC company anyways, just to discuss the matter with them (and not expecting much). I don't know what you call whatever they're going to do but they refunded me, and are doing some dispute or complaint or whatnot against the company (they were a little vague). Not sure if the dispute is on my behalf or if they're doing their own thing (like I said, she was vague). But at least they're doing something.

 

[Zigner]

OK thanks. Good to know in the future... though of course I hope I will never actually need it.


I went ahead and called my CC company anyways, just to discuss the matter with them (and not expecting much). I don't know what you call whatever they're going to do but they refunded me, and are doing some dispute or complaint or whatnot against the company (they were a little vague). Not sure if the dispute is on my behalf or if they're doing their own thing (like I said, she was vague). But at least they're doing something.

The credit is likely provisional. Once they figure things out, they may reverse the credit.