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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently flew in a world war 2 spitfire 2 seater. The experience

Resolved Question:

I recently flew in a world war 2 spitfire 2 seater. The experience cost me £2750.00 for the flight and £180.00 for the in flight video. Two weeks after the flight I contacted the company to ask when I would receive the video. They told me the camera had failed and they would refund me the £180.00. They told me that they could not gaurantee the video, and that was stated in their terms and conditions. It was NOT in their terms and conditions at the time I booked the experience, and was not, even on the day they told me they were. They have now included in the T & Cs, but only after my email to them. They also told me via email that they have never managed to get the video camera working properly. I did explain to them, that had I been made aware that there could be a problem with the video, I would not have booked with them, and booked at another venue.
Where do I stand ? this was a once in a lifetime experience for me, but without the video, it is now a distant memory, my flight was on the 3rd of September. I am devastated.
Thankyou,
Mark.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?
Customer: replied 1 year ago.

Hello Ben,

A repeat flight with video at no cost to myself.

That is what I paid for in the first place. The video footage was as important to me as the actual flight.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
You would have a potential case for breach of contract because you had booked a service which you had failed to receive. They may try and claim that the two were separate and that they should just refund you the cost of the video, but this being such a unique experience and you only buying it because of the videoing opportunity, there should be a stronger argument on your part. A similar thing occurs where for example someone gets a videographer for a wedding and they fail to make the recording. Refunding just the cost of the videographer would not be sufficient because there would be damages for disappointment, as a wedding is such a special occasion which would only occur once and not having the video would cause aggravated damages.
So this would be your argument here – it was a ‘once in a lifetime; experience and it should not just be a refund of the video fee. You would either be looking at a refund for the proportion of the flight (not the full cost as you still had some enjoyment out of it) or you could ask them to allow you to take another flight and have it recorded. Again, it may not be for free as you have already had some enjoyment out of the first one so they can ask you to contribute financially towards it.
If you were thinking of taking it further, as legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow them to voluntarily refund what is due or allow a new flight
2. Letter before action – if informal reminders have been sent but these have been ignored, they must be sent a formal letter asking them to resolve this within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to resolve this or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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