TAS Dietary Needs not catered

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Hans L

Member
18 April 2018
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Hi, my wife and I recently did a hike with a Tasmanian hiking company. My wife has Coeliac disease, the company were aware of this and their website claims to cater for gluten free diets. On the second day her lunch offering was obviously glutenous, she refused to eat it on account of her becoming sick if she did. We asked the guides for some guarantees that her dietary needs were catered for going forward. They wouldn't answer any questions, we had no confidence and we believe we were forced to abandon the hike for her health and safety and walk back. We have contacted the company a number of times and they are refusing to give us a refund or any of our expenses to get back to civilisation.Where do we stand?
 

Rod

Lawyer
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27 May 2014
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Step 1. Send them a demand letter and give them a reasonable time to pay, say 30 days.

Post back here if there is no adequate response or payment.
 

Clancy

Well-Known Member
6 April 2016
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Is there an admission or some kind of proof the lunch was 'glutenous'? If no, then you have no case.

Or are you planning to walk into court and and when the judge asks you to prove it was glutenous your proof will be "the lunch was obviously glutenous".... because that's an opinion, not proof.
 

Rod

Lawyer
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27 May 2014
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A person is allowed to present evidence describing the food they were given (eg, meal looked like spaghetti, object in bag was meat surrounded by pastry and described by the hiking company as a sausage roll).

If you have evidence you advised the Hiking company of your wife's condition and you left on just the second day and stated why at the time of leaving you have a good case.
 

Hans L

Member
18 April 2018
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0
1
The meal was not Gluten free, we had suspicions at the time, has since been verified by the manufacturer in an email, they confirm that no part of their product range is Gluten free. I kept the original wrapping. The guides wouldn't answer any questions about the meal or allay any concerns about her diet for the rest of the hike (5 days). There is ample proof that the company was aware of her condition, including "Coeliac disease, gluten free diet required" on the order confirmation from the hiking company.