Yellow Saddle - Johan Bornman - Rant

[dracs]

Trying to stay diplomatic and correct here, there's no such thing as a no-refund deposit, not according to the Consumer Protection Act.

 

That's not to say there aren't situations in which a service provider isn't entitled to withhold an entire deposit - if someone cancels a few days before the event, for example, but the point is they cant have a blanket policy of not refunding any portion of any deposit they receive, ever.

 

No one plans a function and pays a deposit for a service with the intention of cancelling it, but these things happen, i would suggest that if your deposit invoice does not stipulate the exact terms and conditions pertaining to the withholding of deposits etc, then yes you can demand a full refund, regardless of time changes etc.

Not entirely accurate... CPA allows you to withold deposit or portion of deposit for admin and "reasonable penalty" costs as a result of the cancellation. Clearly with all this back and forth JB incurred real costs (his time) not to mention opportunity costs, and with the cost of the deposit clearly spelt out in T's&c's no reason to suggest its not reasonable. Edited September 12, 2012 by dracs

[Oltremo]

Where can I find out more about the course?

[Caerus]

How is this guy really not available for a weekend for the rest of the year, surely he cant have that many friends.

Read the whole thread, the OP has already said why he cannot make it. No need to get personal or make insulting remarks.

[Caerus]

Not entirely accurate... CPA allows you to withold deposit or portion of deposit for admin and penalty fees incurred as a result of the cancellation. Clearly with all this back and forth JB incurred real costs (his time) not to mention opportunity costs

Just on this back & forth thing, do you charge someone for back & forth email & telephone enquiries beforehand, whether it just be an enquiry? Is that already built into the cost of the course?

[mikeMT]

Not entirely accurate... CPA allows you to withold deposit or portion of deposit for admin and "reasonabler penalty" costs as a result of the cancellation. Clearly with all this back and forth JB incurred real costs (his time) not to mention opportunity costs, and with the cost of the deposit clearly spelt out in T's&c's no reason to suggest its not reasonable.

 

My post clearly stipulates that a portion may be retained, however JB clearly being the only instructor available with no backup due to his illness is in no position to retain the full deposit for merely changing a few dates. I doubt very much that changing a name within a calendar supports withholding 100% deposit.

[dracs]

Just on this back & forth thing, do you charge someone for back & forth email & telephone enquiries beforehand, whether it just be an enquiry? Is that already built into the cost of the course?

no because at that point no contract is in place - no transaction concluded.

 

once you pay the money over and accept the T's anc c's nyou have a contract. By the way, the only time the CPA is absolute on suppliers not being able to withol deposit is where cancellation is due to death or illness

[Cav']

http://www.tacomaworld.com/gallery/data/500/This-Thread-Sucks-Zoidberg.jpg

[mikeMT]

no because at that point no contract is in place - no transaction concluded.

 

once you pay the money over and accept the T's anc c's nyou have a contract. By the way, the only time the CPA is absolute on suppliers not being able to withol deposit is where cancellation is due to death or illness

 

and yet the instructor was ill - this is why i am stipulating that the deposit should be returned.

[dracs]

My post clearly stipulates that a portion may be retained, however JB clearly being the only instructor available with no backup due to his illness is in no position to retain the full deposit for merely changing a few dates. I doubt very much that changing a name within a calendar supports withholding 100% deposit.

So essentially its a debate around whether R500 is reasonable or not. i think it is. There are no absolutes here as you suggest.

[TheV]

How is this guy really not available for a weekend for the rest of the year, surely he cant have that many friends.

 

Welcome to the party MR.

[dracs]

and yet the instructor was ill - this is why i am stipulating that the deposit should be returned.

the instructor didn't cancel. the consumer did.

[Bateleur1]

Yeah, but she isn't on the 'ub…

 

Hmmmm. I sense a business oppurtunity here. No deposits involved though.

[TheV]

and yet the instructor was ill - this is why i am stipulating that the deposit should be returned.

 

LOL@MIKE maybe the instructor became ill because he contracted motion sickness caused by crazy movement of the OP's course dates... or he might have fell victim to the OP's long winded "Stoooooories"

[mikeMT]

the instructor didn't cancel. the consumer did.

 

The instructor cancelled when the scholar received a call stating that he was not in a position to fulfill his obligations due to illness.

[ShowDem]

Welcome to the party MR.

 

Thank you..

[Caerus]

no because at that point no contract is in place - no transaction concluded.

 

once you pay the money over and accept the T's anc c's nyou have a contract. By the way, the only time the CPA is absolute on suppliers not being able to withol deposit is where cancellation is due to death or illness

Is this not exactly what happened, besides what happened before hand, the course was cancelled due to illness?

 

Just to mnake myself clear here, I'm not taking sides but rather looking for the correct reasons & facts regading T&C, as this may come up for anyone of us at some stage regarding any matter.