UKC

Derby 10K

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 David Riley 03 Sep 2020

The Derby 10K organizers have issued an ultimatum today.  Pay another £12  by the 25th of this month to transfer to next year's event, or lose the entry fee you paid for this year.

Is that even legal  ?

 The New NickB 03 Sep 2020
In reply to David Riley:

I don’t think so. I’m a race organiser who has had to cancel an Autumn race, we offered transfer to 2021 or full refund. I would rather not give refunds, but feel I should. The majority of people (90%+) are happy to transfer to 2021.

They might argue that by having a virtual race, they are staging the event. That is rubbish of course. My admittedly basic understanding of the law on this is that if you don’t deliver the goods or services as agreed or at least an equivalent replacement, you can’t keep the money.

Post edited at 17:17
OP David Riley 03 Sep 2020
In reply to The New NickB:

That's what I thought.  They are offering an alternative of claiming a 50% refund.   By default they keep it all.

I don't think it's right.

Post edited at 17:28
 FactorXXX 03 Sep 2020
In reply to David Riley:

Is there a Force Majeure clause that they could be using?

 PPP 03 Sep 2020
In reply to David Riley:

I think it's unfair to ask an extra payment for a transfer unless it was cancelled earlier this year, when all the expenses were paid and lockdown just kicked in. Some RDs need to survive, some are businesses and some will probably be out of their pocket. I don't want any race to be abandoned because of COVID-19 - I think losing an entry fee is better than losing the race altogether. 


I have donated one race entry to a food bank, got two promised refunds (supposedly being processed), got one postponed until next year and signed up for two more recently. Ultras aren't cheap (paid £ 40-150) and it's getting a bit annoying now! 

Roadrunner6 03 Sep 2020
In reply to David Riley:

What Boston Marathon did was either a refund or just pay $20 next year (as in when the registration next opens) to race. I took that option.

They sound highly unethical not offering a refund. I rarely requested mine but in times like this think you should get offered one.

I know some who offered no refunds which I think is off, they should at least offer credit for other races of theirs.

 petemeads 03 Sep 2020
In reply to David Riley:

Woodbridge 10k makes it clear in their entry procedure that the race is raising money for charity and if for some reason cannot go ahead there will be no refunds given. I think this is fair enough, you have accepted their conditions by entering. Not having it clearly spelled out like this is very poor...

OP David Riley 03 Sep 2020
In reply to petemeads:

You have no doubt accepted Microsoft, Apple, and Amazon conditions without having a clue what they are, as have we all. In my opinion small print does not make things reasonable and should not be binding unless it is. A donation to charity should not exempt people from normal trading law.

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OP David Riley 03 Sep 2020
In reply to FactorXXX:

> Is there a Force Majeure clause that they could be using?

Whatever they think they are using, are these nice reasonable people wanting you to help them raise money for a good cause, or nasty people avoiding normal trading practice and making money in the name of charity ?

 FactorXXX 03 Sep 2020
In reply to David Riley:

> Whatever they think they are using, are these nice reasonable people wanting you to help them raise money for a good cause, or nasty people avoiding normal trading practice and making money in the name of charity ?

Why not check the paperwork you signed and see what it says about Force Majeure events/Acts of God, etc. and whether or not it does in reality cover a Pandemic?
If they've been 'clever' enough to include such a clause, then they can do what they're currently doing.
If they haven't, I assume that they should refund/replace as per normal.

 wbo2 04 Sep 2020
In reply to petemeads: That seems a reasonable wording and one I'd have thought most could accept. Has there ever been an occasion of someone 'organising a race' as a scam, although I can think of a few with a high entry fee and not much in return

 The New NickB 04 Sep 2020
In reply to petemeads:

> Woodbridge 10k makes it clear in their entry procedure that the race is raising money for charity and if for some reason cannot go ahead there will be no refunds given. I think this is fair enough, you have accepted their conditions by entering. Not having it clearly spelled out like this is very poor...

I don’t think that is something they can legally ask you to sign away. It is an unfair contract.

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