!!!!i bought season passes to amusment park but never used them can i get my money back ?????real legel help?

Question

i bought season passes for the park they give a receipt which is what you take to the park as a proof of purches to get actual pass now this was seven years ago the pass does not have a exeration date nor a policy on returns, i bought 5 and did not use 2 because the people were sick , now i called the park that season they said no refunds but later a friend told me she had her passes made good for next year for a small fee , ihave called the park every year since and have gotten different answers every time , one person said if i had written letter that season they would have rolled the passes forward the last time i talked to them they said tha stoped in 2000 and they do not honor the passes any more , my ? is because my passes dont have a experation date and i know in some states its illegal for a mechant not to take its own gift cards is this legal in va , i payed for something that i did not recieve! please help and explain thank you for real legal answers

Answer 1

For a start if you bought them seven years ago there is six years from that date to bring a action, on that alone you may be barred. Secondly one needs to look at the terms of the contract. Your conduct in purchasing the tickets was for that year, and there is agreement when you accepted them that the tickets would be for one season. So in terms of the contract then it seems there was clear acceptance of the terms for one season and as stated above you failed to use them.

However, as for the situation concerning your friend, I am afraid contracts that between them and the park is a fresh contract and not fresh consideration to preform a existing duty. Though on a separate note this may be valid (Williams v Roffery).

Honestly I think your caught between a rock and a hard place, on one hand the contract has expired and on purchasing the passes and desire to use them that season indicated you knew they must have been used that season, the the fact you tried to refund them confirms this ad idiom (meeting of the minds). On the other the time that has lapsed and your own conduct has not been favourable in seeking arbitration. As for terms on the ticket they can be intepreted as implied terms, which the party meant to put it on the ticket but failed to do so. By your conduct there is no room to claim mistake or misrepresentation.

This is a BIG but, and I would not follow this line of thought, despite it being correct I doubt whether it would be applied. One could argue that the negligiance of the themepark operaters has in effect estopped you getting a favourable outcome. To show this there must be a causal link between the outcome and the balance of probabilities of the conduct in question. This is generally applied in personal injury cases, however in some cases has been applied in financial loss cases.

I dont think legal action would work but should you take such a course good luck.

Answer 2

If you rent a movie, but don't watch it, would you expect to get your money back? No. Because what you bought (rented) was the right to take the movie home, and to watch it as many times as you wanted. Whether that was zero, or one, or a dozen doesn't matter.

Same with the season pass. You purchased the right to attend the park as often as you wanted to during that season. You could have gone a hundred times, or a dozen, or once, or never. That was up to you.

You did receive what you paid for, which was a license (right) to visit the park. The fact that you choose not to use the pass doesn't change the fact that you got what you paid for.

The pass is different than the gift card issue because the gift card didn't have an implied expiration date. It's basically a dedicated checking/savings account redeemable at specific stores.

In contrast, a "season pass" is good for one season. So it has an implied expiration date. In addition, unlike the card, its usable at will during that period. You can't use a $10 gift card to ring up $1000 in merchandise. But you can use a season pass to visit the park over and over again, even if the benefit you receive (relative to normal admission cost) is worth more than what you paid for the pass. The two concepts are entirely different.

Finally, you also seem upset because the park wouldn't let you trade in what you paid for (one season pass) for something else (a pass for a later season). Unless you purchased the pass, relying at the time of purchase on the ability to trade it for a later pass, then you still got what you paid for.

Answer 3

It's been 7 years, I doubt if you can get your money back. In fact, there is probably some statute of limitations that you are well past. It would probably cost you more to persue this then the tickets are worth. This is different than ordering merchandise and waiting for it to come and never receiving it. It was your inaction, not the companies that caused you to lose out. When you purchased the pass there was probably some fine print or something stating they were non-refundable.

Answer 4

I think you may be out of luck on this one since you bought them 7 years ago. You might want to call the head honcho of the amusment park, like the president or owner or whatever and see what they'll do.

Answer 5

yea sorry they dont give money back