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Subject Topic: ripped off? Post Reply Post New Topic
18/8/2008 at 9:40pm
 Location: fraserburgh
 Outfit: None Entered
View DEBANDANDY1803's Profile View Profile   Reply to DEBANDANDY1803 Reply   Quote DEBANDANDY1803 Quote  
Joined: 10/5/2008

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dont know if this is the norm, but i pre-booked a camp at claylands for sunday. if the weather was bad, then they said that they would cancel. they didnt. turned up on sunday to a complete mud bath. it was BAD. i even pitched the tent thinking that we could just 'deal with it', but the mud and water was that bad, i decided we would be stupid to stay. i got my money back for my gate pass and the extra night i had paid for, but have lost the £20 deposit. am i out of order thinking this is wrong, because i did actually turn up, but the pitches were really un-pitchable.


18/8/2008 at 9:52pm
 Location: Blackpool
 Outfit: Bear Lake 6 & Minny 4 + others
View Atherwitzend's Profile View Profile   Reply to Atherwitzend Reply   Quote Atherwitzend Quote  
Joined: 03/1/2007

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No I don't think you are out of order.  You have paid for a service that wasn't provided.  Did you take any photos?  Might to useful to speak to Consumer Direct (first point of call for trading standards) to see what your position is.  They will give you some advice but I think they will expect you to write to the the site in the first instance with your grievances and try to resolve before they get involved.  Might be an idea not to write a reveiw before the issue is solved as this might affect your case.

Good luck



-------------
Campers: Nature's way of feeding midges!
2010
Easter - cancelled 8-(
April - Hawkshead
May - Riverside Cononley
May - Keswick Mountain Festival
May - High Yedmandale Farm
June - York Cycle show
August - Hartlepool
August - Riverside, Cononley
September - Pillaton "The Return"


18/8/2008 at 9:55pm
 Location: 
 Outfit: 
View caster's Profile View Profile   Reply to caster Reply   Quote caster Quote  
Joined: 18/2/2007

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Time to set a precidence, write and ask for your money back, if they don't comply then go to the county court small claims division and get it back that way, i sympathise with sites when they have bad weather but if they don't ring to cancel and let you turn up to a quagmire then they need to be taught the error of their ways

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18/8/2008 at 10:12pm
 Location: fraserburgh
 Outfit: None Entered
View DEBANDANDY1803's Profile View Profile   Reply to DEBANDANDY1803 Reply   Quote DEBANDANDY1803 Quote  
Joined: 10/5/2008

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no, unfortunately didnt take photos coz i dropped my phone on the grass while i was pitching tent and it has not worked since. grass was an inch deep with water. dont know if i should just cut my losses and give up getting stressed about it. it was approx £10 diesel to get there, over an hours drive.


21/8/2008 at 10:44am
 Location: None Entered
 Outfit: Outwell Georgia XL
View mudpaddle's Profile View Profile   Reply to mudpaddle Reply   Quote mudpaddle Quote  
Joined: 31/7/2007

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That's awful :( I hope this isn't what happens to us tomorrow :(:(


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21/8/2008 at 7:49pm
 Location: fraserburgh
 Outfit: None Entered
View DEBANDANDY1803's Profile View Profile   Reply to DEBANDANDY1803 Reply   Quote DEBANDANDY1803 Quote  
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mudpaddle.... thats wot i could have done with!


21/8/2008 at 9:17pm
 Location: North West
 Outfit: Bailley Pageant Loire
View Christina1's Profile View Profile   Reply to Christina1 Reply   Quote Christina1 Quote  
Joined: 23/3/2008

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I'd just write to them, get it off my chest, ask for my deposit back as they didn't fulfil their part of their bargain and then forget it.  Let go of the stress, life's too short!  If you fall out with them over it you can't really go back without any awkwardness and you may want to in the future!  Really sorry about your failed trip, but you never know, maybe you just weren't meant to be there at that time.

-------------
Christina


22/8/2008 at 7:59am
 Location: North East
 Outfit: Terrano tdi + Pageant7 Limousin
View daved's Profile View Profile   Reply to daved Reply   Quote daved Quote  
Joined: 18/7/2003

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I think you have been ripped off.

It will all depend upon wether any person could have reasonably been expected to stay on that pitch in a tent. As you say the pitch was an inch deep in water, the realistic answer is no. I would say that it is particularly relevant if the site had been in that condition prior to your arrival and they had not made an effort to cancel or relocate you at any stage.

Once theyve accepted a deposit your contract is directly with them. They have contracted to provide you with a useable spot and they didnt and COULD HAVE FORSEEN(the important bit) that they wouldnt be able to. Irrespective of the cause, act of god get out and all of that.

The only precedent I can think of where there may be a nuance or a stated case is along the lines of cancellation of sporting fixtures due to weather. If theyre cried off after a certain time thats tough but generally if theyre cancelled in advance because they couldnt go ahead you get money back or tickets (or deposit!) exchanged for an alternative.

Ask for money back, far too many people make a few quid here and a few quid there at the unjustified (lawful and moral) expense of others, but as above consumer direct are a very good starting .

I wouldnt worry about falling out with them, you owe them nothing and do you really want to return there now youve seen their true colours?

Good luck.



-------------


davedy@nyms.net



22/8/2008 at 12:57pm
 Location: Buckinghamshire
 Outfit: Sunncamp Grange Frame Tent
View The Doozers's Profile View Profile   Reply to The Doozers Reply   Quote The Doozers Quote  
Joined: 13/4/2007

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See my early blog - Flooding Protocol.  We are leaving in the morning so have phone the campsite in advance to enquire what we get offered if the pitch is water logged.  It seems we have one of the better pitches reserved so "should think ourselves lucky we're not booked in the 'over spill' field". They think  if our pitch was flooded then the rest would be to but couldn't/wouldn't give me a straight yes/no. I enquired as to refund and the Sites poilcy is I quote, "Under no circumstances will any refunds be given".  Thought I'd contact Trading Standards just so I know where I stand.  T.S. feel that if you arrive and the pitch is unsuitable to use then refund should be given as the Site are not providing you with what you have paid for. T.S. also thought that having a clause "Under no circumstances" was rather heavy too.As I pointed out obviously the weather is not their fault, but say the shower/toilets burnt down etc, then would they still not give refunds ?  Speaking to a friend this morning who tried to pitch in Exmoor last week she was given a refund. She pitched for 1 night out of the 10 she had paid for, but extreme weather made it impossible. She left without informing the site, but getting home thought she would enquire about refund. Kindly they gave her a refund less 1 nights stay and deposit. Obviously we all realise weather in UK is not the fault of the Camp Site, but our opinion is, that should you arrive to a flooded pitch then refund, perhaps less the deposit should be given. If after a few days then you get flooded, then count your loses and get out. Perhaps if you give your nearest Trading Standards a ring, your'll find them as helpful as I did this morning. At least I feel that when I arrive tomorrow, if its not acceptable I can quote T.S. to them and my reference number, I so hoping I won't have to, I'm normally as quiet as a mice with a megaphone ! 



22/8/2008 at 9:22pm
 Location: Somerset
 Outfit: Raclet Astor 300 & something new
View mumshadenough's Profile View Profile   Reply to mumshadenough Reply   Quote mumshadenough Quote  
Joined: 05/8/2007

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Hi,

We stayed at Stoke Barton Farm near Bideford during the very windy may half term. We left after a couple of days having paid for the full 6. They were happy to give a refund on the days we didnt use. Their opinion is, they are a working farm and rely a lot on the money made from camping.  If they know that people will recommend their site they will do what they can for their guests so they come back.

We will be going back, and hopefully the weather will be kinder to us next time.

Sorry to hear that you were not offered your money back.

Emma



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22/8/2008 at 9:54pm
 Location: None Entered
 Outfit: None Entered
View saxo1's Profile View Profile   Reply to saxo1 Reply   Quote saxo1 Quote  
Joined: 29/10/2005

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If I were in your position I would write and ask for a refund but if they refuse the small claims court can result in a lot of hassle and in the end they just don't bother to pay.Ifyou really feel that bad about it then go the small claims route.

I feel that lifes too short to get stressed out about things any more.I've been the small claims route twice and won both times but never received a penny!

Saxo1



22/8/2008 at 10:12pm
 Location: East Ull
 Outfit: Kampa Kielder Air 5
View TraceyD's Profile View Profile   Reply to TraceyD Reply   Quote TraceyD Quote  
Joined: 24/8/2004

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We are at a site at the moment (mobile broadband!) and it is very wet and muddy on the field we have been put on.  When we arrived yesterday the field was just full of puddles.  My car got stuck in the mud and the wheels were spinning, meaning my daughter and her boyfriend had to get out and push. We abandoned our shoes and just waded around in our bare feet as there was that much mud we would have ruined any shoes (apart from me and my crocs  Consequently we are surrounded by a mudbath.  We've been given some sort of crate bottom things that we are using as stepping stones, we were then later asked to turn them over cos apparently we'd put them upside down, but our tent is filthy, we can't keep the mud out, the poor dog isn't able to lie outside.  Going out to the toilets and diswash areas etc has been a nightmare and we are just treading more and more mud in, i'm just grateful we have our canopy to take the worst of it off.  The one thing I found unbelievable was when the site owner commented on the tyre track marks we'd made across the field, what did she think we were going to do, fly?

Anyway, we've stuck it out in the hope it might dry out a bit over the next 3 nights, even hoping to manage a bbq tomorrow. I'm sure this must make us 'hardened campers'



-------------
May/June - Spring Valley
Aug/Sept - Leekworth




22/8/2008 at 10:49pm
 Location: Maidstone
 Outfit: Sunncamp Evo 600
View rob28's Profile View Profile   Reply to rob28 Reply   Quote rob28 Quote  
Joined: 14/7/2008

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OK.  my wife works for Consumer Direct.  here's her post

If you have a problem with your site while away, you should bring it immediately to the attention of the site owner. In this case they may be liable for a breach of your contract. Collect evidence about the problem such as photographs and statements from other campers if you can. Once you get home put your complaint in writing as soon as possible.  Always send your letter recorded delivery so you have proof it got there and always keep a copy of the letter. Explain what was wrong and tell them that as you were unable to use the site or pitch you require a full refund due to the failure of the site owner to perform the contract. Bear in mind if any of the contract was performed (e.g. you had 1 nights use but paid for 2 nights) then you would be expected to be reasonable and pay for the part of the contract that you have had the use of.

Posts above talk about taking to small claims court.  I would just like to say that for £20 this would cost £30 to take to court.  This cost would be recoverable if the judge finds in your favour. The judge would expect you to be reasonable and to see evidence that you have tried to resolve this dispute yourself first. 

So to sumerise, if complaining and intention is to take it all the way then

1. recorded delivery letter outlining complaint and what you want as a remedy. always give a deadline for responce to your letter. keep copy 

2. if no response to 1st letter or it's not the response or remedy you want, then 2nd recorded delivery letter again outlining what you want.  give a deadline for responce to your letter. keep a copy.

3. if still no response or resolution, then always send a letter before action.  This gives fair warning of your intention to take to court and gives final opportunity to be resolved outside of court.     

I've had to be general here and not specific to your case.  Unfortunatley I have to remain impartial. But If you want specific advice then please give Consumer Direct a call 08454 04 05 06.




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