VIC Credit Instead of Refund When Booking Cancelled - Australian Consumer Law?

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lke

Member
23 March 2020
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I made a booking to go Axe throwing with some friends, but now the facility has been shut down because of Coronavirus. I was expecting a refund, because they are not providing the service I purchased on the day I requested. However the email I got from them advised I will get a credit instead, which follows Australian consumer law. This is the link from the email below COVID-19 (coronavirus) information for consumers. It seems to depend what your interpretation is, as to me it does not seem 100% clear.

It mentions if your event is cancelled due to government restrictions this impacts your rights. However under the section for gym memberships is says if a service is not provided, you must get a refund. Are they bending the rules to try and get people to take a credit or should I be entitled to a full refund under Australian Consumer Law?

Below is the full email I received (My booking is within 30 days).

Thanks for reaching out. As of 23/03/2020, we have been required by the Australian Government to close our doors until further notice. Please keep an eye on our website and social media for further updates about re-opening dates.

As you can imagine, the team here at MANIAX are working through an influx of requests regarding current bookings. In light of the most recent forced closure by the Australian Government, and in accordance with Australian Consumer Law, we have made the decision to place all current deposits and session payments that are within the next 30 days into credit, to be applied to any type of booking once we are instructed that it is safe to open. Please see the link here for further information about your rights under these circumstances.

Should your request be regarding a booking outside of 30 days, our normal terms and conditions apply, see here. Please bear with us during this time while we work through these requests and we will get to you as soon as we can.

We are certainly looking forward to throwing axes again once this is all over, we wish you and your family all the best in getting through this unprecedented situation safely. We look forward to seeing you on the other side.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I can understand businesses trying to avoid refunds at this time. They take time to process and mean having to pay out much needed funds. In your circumstances I think youd be within your rights to push for a refund on the basis of their stated refunds policy. It says that if you cancel with at least 30 days‘ notice you can get a full refund Or transfer of date. My understanding is that the lockdown will remain in place for at least 28 days, likely meaning the soonest you could have your booking would be 30 days or more away. If you’re set on getting a refund, I’d suggest making contact, referring to their policy specifically, and politely asking for a refund. Expect some push back, businesses are doing it tough.