Xtreme Trampoline Reviews (%countItem)
Xtreme Trampoline Rating
Address: 1525 Robinson Court, Kingston, Ontario, Canada, K7P 0C7
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Feb 24, 2020 booked a birthday party, online, for April 05, 2020 and paid $183.63 on credit card with remaining balance due day of party. On March 20, 2020, understandably, the company cancelled due to Covid via email advising I had 2 options to receive a gift card or refund the deposit back onto the card that was used for the deposit. I chose the refund, however, after 4 months of there being no response, from the company to call me, so I could provide my credit card, I contacted my credit card company. I have a case no. if needed.
On June 24 the *** company advised me that Xtreme Trampoline responded to advise they are offering a refund so contact them. I did, on June 24, leave them another message, with no response so again relayed to ***.
On August 05, 2020, I received an email to inform me there was a gift card at the location for pickup. I responded to advise this was not acceptable for many reasons. There has been a pandemic which their business should not gain from, I have been out nearly $200 for 5 months, they offered a refund on 2 occasions, and I am not and will not be comfortable taking my children to anytime, in the future, due to the Pandemic.
On August 07, 2020 the *** emailed me as follows:
"I have received notice from our credit card processor that you have submitted a chargeback claim. When booked you agreed to a 50% non refundable deposit. I am unsure why you are attempting to charge back this charge. Please cancel this chargeback through your credit card company as it is in violation of your contraction. Your credit has been put on hold until a resolution has been reached."
Good afternoon,
As expressed in both our terms of service, the original emails as well as the contractual obligations of this contract a party deposit is 100% non refundable. This was relayed at the time of booking (Mon, Feb 24, 2020 at 10:17 AM) and then to confirm the contract and booking a payment was made (2/24/20 11:16 AM). This policy was both understood and agreed upon when booked and paid. There was an employee who had used the language "refund" but that employee should have used the word credit. This employee no longer works for Xtreme Trampoline Park. Regardless of this employees action, the contract still remains.
In Ontario a contract required several things.
An Offer: The offer was for Ms. child's birthday party at Xtreme Trampoline Park in Kingston at ***.
Acceptance: Ms. accepted this offer by providing all her details, accepting our terms and no refund policy.
Consideration: Consideration was met when when Ms. payed for the party which was done via *** at 2/24/20 11:16 AM
Competency and Capacity: To our knowledge Ms. was both competent and in a capacity to enter into this agreement. No issues were raised up until Covid- 19.
While we respect the *** this is a contractual issue not involving the ***. While this party did not happen because of COV-19 this falls under contract law and a clause in all contracts about force majeure. In short force majeure is a clause that excuses a contract for not happening due to unplanned acts of god. In this case COV-19 was not planned by either party and we could not fulfill this contract due to the pandemic and the Government orders to close our business. Under this clause we can not fulfill this contract also including not crediting Ms.. As a business we care about our customers and we took the step to issue them a FULL credit for future use. This credit does not expire and can be used at any time. Like most businesses around the world this is the only option a business can viably provide. This allows Ms. to reschedule the event, use it for another product or service at Xtreme Trampoline Park or simply sell the credit for cash. This is the offer we provided to all our customers, this is the offer that is in our terms and our contract between Xtreme Trampoline Park and Ms..
Ms. has began a fraudulent chargeback claim through *** which is not in the interest of the contract Ms. and Xtreme Trampoline Park entered into. Trying to get a refund through other sources when in a contract is bother illegal and fraudulent and for the time being Ms. credit is on hold as we will not under any circumstances double credit. While *** and our payment processing company dispute this transaction this credit will not be available for pickup. Should Ms. honor her contract this credit will be available for pickup.
Once again we respect the *** but this is not in the hands of your company to decide. This is a legal issue regarding a contractual obligation. Ms. has my contact information and I am readily available to discuss this solution but contractually we can not change from the contract. This would create precedent for all our other parties in our entire company.
Cheers,
***
***
P.S the original email is attached
This email is only intended for the eyes of *** and its affiliates and Ms.. Sharing this email with anyone outside of these individuals is in violation of our privacy policy and Ontario law.
CONFIDENTIALITY NOTICE -- This email is intended only for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged and/or exempt from disclosure under applicable law. If you have received this message in error, please notify the sender of the error and delete the message. Thank you.
Complaint: ***
I am rejecting this response because:
Firstly, I am in no way fraudulent. There has been absolutely no direction, from myself to my credit card company, to take back funds as you have claimed. I suspect that has been done because your company failed to respond over the course of months.You are unclear in your message. Your company, I assume at the direction of Government, cancelled such party not me. I refer back to my earlier message of today as to the reasons for refund.
Sincerely
Ms.,
You initiated a charge back claim through *** with your credit card ending in ***. When you initiate a chargeback your bank sends us all your information and why you submitted it. Your claim that your service was not received is because of force majeure. You will be fully reimbursed a in store credit if you cancel your charge back. Until that is resolved we will have your credit on hold. This is our policy, this is what you agreed to and what is contractually stated. *** will not change these options.
Regards