Consumer Protection Act & Race Organisers

[zula dude]

while out cycling this morning, i got to thinking (a rare occurence) - what are the implications of the consumer protection act for race organisers and participants.

 

And seeing the issues being raised about saturdays race, thought i would repost my thoughts here.

 

 

Up untill now, your purchase an entry to a race, and then have to accept what is then delivered. And on the basis of past experience and reading discussion forums, decided whether to enter a race or not.

 

But given that you purchase a product (I was told its a service, not a product, ie race entry), do we have certain rights and expectations regarding the product that is then delivered - and can we now (or very soon) demand full or part refunds on the basis of the products not providing what they claimed it would.

 

For example in my experience:

 

water points running out of water (Tour Durban). If you say there are 5 water points, then all water points must be fully operational througout the race.

 

 

water points packing up, before the the last riders have past and before the cut off time. (given that i am often the last rider, I have experience of this) (Kumba Iron Ore Classic)

 

buses charging at high speed down the route on a race that was supposed to have full road closure (Amashova).

 

water points only having water and no energade/coke (Argus Mtb). - not sure if they stated that all water points would have water and coke - but I was not impressed.

 

races been started and then being called off a few hours later, due to the heat (why let us start if you knew it was going to be a scorcher that day) - (again Argus Mtb) This is a difficult one, you cannot blame a race organiser for a heat wave - but I was left with the distinct impression this year, the race was started so they could get a winner with the intention of then calling it off, and gave us all a medal for effort. IE - peoples entry fees paid for the elite riders to race.)

 

being missed directed by race marshalls (not that i minded last time, it cut 6km off the race, and i was really really getting tired) - but the point being - if I paid to cycle 103km, then marshalls should direct me to ride the full 103 km. (Crater Cruise)

 

Water points having severly watered down energy drink. (Crater Cruise)

 

Clearly you enter a race on your own risk, and should bring your own side in terms of what is expected of you as a particpant - have a roadworthy bicycle, obey marshal instructions, obey the rules of the race, be considerate to other riders, etc.

 

But there have been times that I have felt distinclty ripped off by race organisers, that seem only concerned about the pro-teams, or elite riders - and just used the rest of us to fund the race.

 

There are some race organisers on the list - what are the implications of the consumer protection act for race organisers and entrants.

 

Will race organisers have to give explicit assurances as to what they will provide during a race - and will particpants be able to claim refunds if the product does not deliver? And can that claim extend beyond the race fee, and include the expenses of getting to the race?

[PeterM]

Yes it will change the nature and format of the relationship between clients/consummers and the provider of products and services. Many of the excuses used by the providers will be of an lesser use; i.e. provide what has been promised and don'y blame others for not getting it right.

 

Also the nature of advertising will change – the use of adjectives will be reduced; i.e. “jhb best and coolest race…” will cause many problems with the CPA.

 

Plus one should get an refund under certain conditions.

(I am not a fan of the CPA – but it has its advantages)

[koukie]

Ek dink om jou geld terug te eis in die hof gaan meer geld kos as wat die race jou gekos het. Ek is glad nie 'n expert nie dit is net wat ek dink. Dit gaan deur 'n hof gedoen moet word, die race organizers gaan vir jou sê "upyours" as jy jou geld terug vra.

[GrumpyOldGuy]

Yeah, it will have an impact, no doubt.

 

The CPA will effect every service provider, manufacturer, importer, distributor and retailer regulating everything from marketing to labelling, to records, to liability and lots more.

 

There is no doubt that the fundemental operations of all businessess and service providers will change, and with fines as stiff as 10% of turnover up to R10 million the race is on to comply and impliment the changes before March 2011.

 

So, yeah, to answer your point, it will affect them for sure.