Should I claim a refund

Aug 4, 2004
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We paid for a month's rent in advance to a caravan site. On the 21st of January the site ended up under several feet of water and every one had to evacuate. We were then all crowded on to a car park at another location. Both sites belong to the same owner. In addition, one could not turn up the heating as the main box would trip due to the number of connections on it.

On the original site it was one of those sites that charge you extra for everything and we paid extra to have up a full size awning. This we could not do on the car park. As we were told that we could be on the car park for up to 10 days while the site dried out we decided to find an alternative site. As we were stuck in our caravan with the dogs etc we contacted another site and got a vacancy which we then took.

I asked about a refund for the period the 21st until 31st of January and I was told no chance. I pointed out that we were unable to erect an awning as we were on a car park. I was then informed that a refund regarding the awning may be considered. We then moved off onto another site.

I then inquired again about the partial refund and was now told no ways as at the other site we could have parked the caravan on the grass. Considering that their staff instructed us to park on the tarmac, when I phoned about refund no mention was made that we could on on the grass and even if we had moved onto the grass we would have ended up being bogged down as the grass was next to a small river and totally saturated.

Another couple who had booked in for a month but had only paid two weeks up front were approached and asked to pay the balance although they could not use the site that they had booked. Most annoying of all, a lot of us were never advised that the site was flooding and the police had instructed an emergency evacuation. Some, like ourselves who had an awning up only found out by pure chance and were given less than two ours to leave. If we had not found out, we may have lost the caravan.

I think that based on the attitude of the management of the park that I should claim as more than likely they will claim against their insurers for loss of income. We along with a number of others will never ever use this caravan park again. We had a gas bottle stolen on this site due to lack of security and also got flooded to boot, never mind them trying it on with their monthly fee which suddenly becam a 4 week month instead of a full month. The site is in stourport on Severn and is a well known site where there was an informal PC forum get together about a year or so ago on th rally field.
 
Jan 19, 2008
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Lmaooooo, I was reading your post and as I read it I thought this sounds like **** park in Stourport. It wasn't until the end of your post that it confirmed my suspicions. My intuition wasn't from the fact that I've been there but from other negative posts I've read about this place in this and other forums. These people have a licence to rob and you will probably find something in the small print about Acts of God crap.

If all the people could have stuck together and made a claim, even using photographic evidence and then threatened to take legal advice and maybe take them to the small claims court the management might have capitulated. These people gamble on the fact that individuals can't be bothered to do anything about it due to the legal costs. Somehow I don't think they would have wanted the negative publicity.

Good luck, these rip off merchants shouldn't be allowed to run rough shod over everyone.
 
Jun 20, 2005
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Ian,

How did you pay ? Credit card? Possible refund from your card provider for failure to perform the sites part of the contract?

I would be very surprised if the site doesn't have business interruption insurance and indeed may have made a claim against their insurers for loss of profit following a reduction in turnover.

Your treatment would incense me and for the sake of a few quid I would pursue a full recovery via the small claims court.

Good luck.

Cheers

Alan
 
Jun 20, 2005
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Hi Rita

I hate rip off merchants with a seething passion , especially when we are all trying to enjoy our hobby with our hard earned cash.

Cheers

Alan
 
Aug 4, 2004
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Unfortunately we paid in cash up front. We have photos of the park under water and also the car park where we were all crammed. Considering we have been using this site as a winter stop over for the past three years I am very disappointed in their attitude an just for hassle I think I will take them to the small claims court and once it is matter of public record then even a magazine like PC can print an article on them. We do definitely know of at least three other people with the same issue they they will probably also know others. Rather than a class action, much more fun dragging them into court as each case comes up. If first one wins then all the rest should win.
 
Jan 19, 2008
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Quote ... "and once it is matter of public record then even a magazine like PC can print an article on them."

I did think about that when I made my post above but must admit it was only a fleeting thought. I'm sure this park advertises in the caravan press and I'm sure the caravan press wouldn't want the loss of income by printing negative comments about them.

Please keep us all updated and good luck.
 
Mar 14, 2005
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Hello Ian,

As his Windyship has suggested many traders rely on the customers dislike of getting up and doing something when things go wrong.

In this case, you made a contract with the sites management to stay on this particular site. If the site became uninhabitable, or you were evacuated, then the site was not fit for purpose, and thus the site management is liable for failing to complete the contract, and you are entitled to a refund for the period of time that you could not stay on the site, and may even be some compensation for the cost of evacuating.

The sites management is responsible for this and they should have had some contingency planning and protection, as is good practice for any business.

They can only wriggle out of this one if they did have some clause in the contract that clearly limits their liability in the event of an act of god.

Unless the contract stated that in the event of pitches being unavailable on your chosen site, they will provide alternative pitches at another location, - do not be swayed by their argument that they provided an alternative site, thus they do not have to consider a refund. Your contract was for a specific site.

Unless the paragraph above applies, what happened at the other site about tarmac and awnings is a separate matter. It was reasonable for you to rely on the wardens to advise you of what you cold do. If they did not tell you that you could use a grass pitch, then you how were you to know that you could.

I think that a small claims court action would have a good chance of succeeding to recover your unused site charges, and to get the charges reduced for the second site.

As ever seek professional legal advice before taking any action.
 

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