CHOICE membership

Dr Espen event cancellation with no refund

Has anyone else (or someone you know) been caught with the cancellation of events in Perth and Sydney by Dr Espen? They refuse to refund money and we are a few person’s trying to come up with a plan.

Welcome to the Community @Mia67,

What are the circumstances? Is it cancelled or ‘rescheduled’ without a formal date because of border closures and so on?

Since your event may be cancelled for many reasons I’ll leave it as a stand-alone topic for now, but if COVID related it might best be in

You should refer to the T&C on your ticket purchase, and if eligible for a refund (cancellation not reschedule) send a formal letter to the promoter for a refund, and if knocked back contact your fair trading office with a complaint.

In the topic referenced there are many who will be unable to attend any rescheduled events after they have been cancelled, and with the almost drop of the hat border closures at the moment any promoter would have difficulty rescheduling anything with confidence if the entertainer is unable to cross borders to put on the show, in addition to interstate ticket holders being unable to attend.

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Just out of curiosity as there are several "Dr Espen"s, was it the Dr Espen Hjalmby (chiropracty) that you were booked to see?

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That is what it is in effect, a show.

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Yes it was.

Hi Phil, the event was relocated from Perth to Queensland. Probably due to Covid, but also as the company have changed how they deliver their training to Queensland and Online only. According to the T&C there will be a refund if the event moves more than 25km from original location. I can’t afford to travel to Queensland and have no interest to sit in front of my computer for three days! They refuse as the T&C also say they can change the event. I have contacted Fairtrade in Queensland as I feel that is against ACL section 25.

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WA to Qld, tick.

Depending on the precise wording a reasonable consumer might expect that to mean they could change the presenter or the running of the show, eg the details of the program.

You might also read through

https://consumer.gov.au/consumers-and-acl/tips/festivals-and-events

It is possible you might be required to start afresh with a formal Letter of Complaint seeking the refund, and including an ambit claim for potential costs associated with your prosecution of same.

Please keep us informed of how you go, and good luck.

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Thank you for the link. That was a good read. The Variation clause read: “The consultant reserves the right to change the location of the services if necessary, on providing the member written notice. The member shall only have a right to a refund in accordance with the terms of this clause.”

The company never adviced they were changing location and considering the 25km term I would never dream of them moving it to Queensland!

I think it is pretty clear cut, but of course I don’t want to spend the same amount of money to get a refund. The ambit claim is a great idea (I’d love to add my hourly rate for the time I have spent on this). Queensland Fairtrade is currently negotiating with the company so I’ll wait to hear how they go. If no luck I’ll re-start the process with the ambit clause. Then a lawyer, and then court.

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Happy days! My bank managed to reverse the charges :smiley: The company is still unethical and I wouldn’t recommend them to anyone, but at least I got my money back.

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Well done but is it a ‘final’ credit or just a ‘temporary’ credit while the bank investigates? When a dispute is lodged it is the norm for a credit to be posted while the business responds. Depending on that response the credit might be finalised, or the original charge reinstated. Sometimes it can go for ‘another round’ even though you seem to have a very solid case.

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I am afraid you are right - it is the adjusted temporary refund only :(. Oh, well just have to wait and see then…