Author Topic: Realistic/fair compensation for misadvertised activity  (Read 1219 times)

Offline Traveler718

  • Dansdeals Lifetime Platinum Elite
  • *******
  • Join Date: Jun 2010
  • Posts: 1245
  • Total likes: 724
  • DansDeals.com Hat Tips 3
    • View Profile
Realistic/fair compensation for misadvertised activity
« on: October 12, 2023, 05:29:04 PM »
On a recent trip, I signed up for a via ferrata climb up a mountain that was advertised as lasting 4 hours. Because one of the attendees was running late, it didn't begin until about 2:20 PM, rather than the scheduled 1:30. 

Shortly after we started, the guide said that we would have to rush through the course without any breaks or photo ops, because if we didn't finish before 4:15, we wouldn't be able to take the ski lift down the mountain and would have to do a long hike down.

We did rush through and finished at 4:05 and took the ski lift down, but instead of a 4 hour leisurely and enjoyable activity with snack breaks and photo memories, we endured a 1:45 boot camp that left me drained and exhausted.

Simple math also reveals that even if we started on time at 1:30 PM, we still wouldn't have had 4 hours if we had to make the last lift at 4:15, though when I called to sign up, they said that the morning and afternoon tours were identical in length.

Frustrated by the experience, I went to the company office afterward to complain, only to find it empty, so I decided to dispute the charge on my credit card (Chase, not AMEX if it matters). In my mind it was a mekach ta'us that was nothing like what they advertised, and I would not have signed up had I known that it would be like this. I also left reviews on Google and TripAdvisor sharing my experience.

The company CEO responded to the chargeback by emailing me that I shouldn't be entitled to any refund since I did complete the activity, but if I take down the negative reviews, they will give me a 50% refund plus a voucher to repeat the course with VIP treatment on a future visit (which I have no intention of using).

I was obviously hoping for more and don't understand their position that I'm not entitled to any refund since I ultimately did the course, but since I'm noge'ah b'davar, I figured I'd reach out to ask what's reasonable and fair compensation in this situation. I also don't know how likely Chase is to side with me if I leave it up to them, and then I could be left with nothing. Any thoughts or advice?

Offline whacked1

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Oct 2012
  • Posts: 2587
  • Total likes: 530
  • DansDeals.com Hat Tips 4
    • View Profile
Re: Realistic/fair compensation for misadvertised activity
« Reply #1 on: October 12, 2023, 05:39:16 PM »
I didnt see the ad.

However, if someone advertised that they were taking you up the mountain and took you up the mountain, albeit it went faster, I believe 50% is more than fair and generous (especially since you were offered again to do it for free). 

Offline CountValentine

  • Dansdeals Lifetime 10K Presidential Platinum Elite
  • *******
  • Join Date: Mar 2013
  • Posts: 16671
  • Total likes: 7493
  • DansDeals.com Hat Tips -1
  • Gender: Female
    • View Profile
  • Location: Poland - Exiled
  • Programs: DAOTYA, DDF Level 3, 5K Lounge
Re: Realistic/fair compensation for misadvertised activity
« Reply #2 on: October 12, 2023, 05:56:21 PM »
Counter their offer with what you think is fair.
Only on DDF does 24/6 mean 24/5/half/half

Offline tzifanya54

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jan 2012
  • Posts: 5634
  • Total likes: 240
  • DansDeals.com Hat Tips 1
    • View Profile
Re: Realistic/fair compensation for misadvertised activity
« Reply #3 on: October 12, 2023, 07:41:10 PM »
On a recent trip, I signed up for a via ferrata climb up a mountain that was advertised as lasting 4 hours. Because one of the attendees was running late, it didn't begin until about 2:20 PM, rather than the scheduled 1:30. 

Shortly after we started, the guide said that we would have to rush through the course without any breaks or photo ops, because if we didn't finish before 4:15, we wouldn't be able to take the ski lift down the mountain and would have to do a long hike down.

We did rush through and finished at 4:05 and took the ski lift down, but instead of a 4 hour leisurely and enjoyable activity with snack breaks and photo memories, we endured a 1:45 boot camp that left me drained and exhausted.

Simple math also reveals that even if we started on time at 1:30 PM, we still wouldn't have had 4 hours if we had to make the last lift at 4:15, though when I called to sign up, they said that the morning and afternoon tours were identical in length.

Frustrated by the experience, I went to the company office afterward to complain, only to find it empty, so I decided to dispute the charge on my credit card (Chase, not AMEX if it matters). In my mind it was a mekach ta'us that was nothing like what they advertised, and I would not have signed up had I known that it would be like this. I also left reviews on Google and TripAdvisor sharing my experience.

The company CEO responded to the chargeback by emailing me that I shouldn't be entitled to any refund since I did complete the activity, but if I take down the negative reviews, they will give me a 50% refund plus a voucher to repeat the course with VIP treatment on a future visit (which I have no intention of using).

I was obviously hoping for more and don't understand their position that I'm not entitled to any refund since I ultimately did the course, but since I'm noge'ah b'davar, I figured I'd reach out to ask what's reasonable and fair compensation in this situation. I also don't know how likely Chase is to side with me if I leave it up to them, and then I could be left with nothing. Any thoughts or advice?
I think 50% is fair under the circumstances.