Refund or No refund??
#1
Thread Starter
Join Date: Feb 2004
Location: Central Wisconsin
Posts: 132
Refund or No refund??
Heres the situation- Me & a buddy booked a bow hunt for Iowa this Nov. As you would have it we DID NOT draw an out of state archery tag. Thus, we can not hunt. We are requesting our refund back as a result of means beyond our control. Now, the outfitter states we can roll the deposit over for another year or hunt in a different state that they outfit in. The fact is, I DONT want to hunt in Illinois or Missouri!! I am an average worker & don't make alot of money and could use the 1000.00 deposit, to go hunting in Kansas where I can get a transfer tag to my name, or ever say the heck with it & not go hunting at all. He states that I have up to 3 years to use the deposit. How do I know if I can get the time off work next year?? No where in the internet site does it state that there will be no refunds, also we have absolutly NO CONTRACT!! Basically, what do you think?? Refund or no refund?? Should I seek legal advice?? Thanks for your input.
#2
Join Date: Feb 2003
Location: Washington State
Posts: 382
RE: Refund or No refund??
IMO, you are screwed.
Generally speaking, deposits on anything are non-refundable. The deposit $ you paid was to reserve a spot on the outfitters' calendar, not to guarantee an out of state tag. He may have turned away other customers because you had already booked with him.
I think the outfitter is being fair in giving you three years to use your deposit or apply it to other states' hunts. If the outfitter didn't guarantee that you would get a tag, then I don't think you have a legal leg to stand on. It isn't his fault that you weren't drawn.
Just my opinion. I hope that your hunt goes well despite this set-back. Good luck.
Generally speaking, deposits on anything are non-refundable. The deposit $ you paid was to reserve a spot on the outfitters' calendar, not to guarantee an out of state tag. He may have turned away other customers because you had already booked with him.
I think the outfitter is being fair in giving you three years to use your deposit or apply it to other states' hunts. If the outfitter didn't guarantee that you would get a tag, then I don't think you have a legal leg to stand on. It isn't his fault that you weren't drawn.
Just my opinion. I hope that your hunt goes well despite this set-back. Good luck.
#3
Typical Buck
Join Date: Jun 2004
Location: New York
Posts: 580
RE: Refund or No refund??
Sound to me that the outfitter screwed you out of 1000 bucks, but he'll say that you knew the possibility of not getting the tag when you gave him the money. You know I hunted alot of places all over the mid-west, been with many outfitters and they told me the same thing. You can get in Illinois the same type of caliber of deer you can get in Iowa. But you see less deer in Iowa. But in Illinois you see more. Bottom line is you can try to get your money back it many take years to do it. Your heart is probably set in Iowa, but do some thinking maybe this happened for a reason. Maybe you have a 190 class buck with you name on it in Illinois. If this guy is being a real jerk about it tell your friends the name of the outfitter so nobody else get burned, advertisment is their only ways of making money.
#6
Join Date: Sep 2003
Location: Maine
Posts: 3,555
RE: Refund or No refund??
How did you pay the deposit? If it were cash or check I'd start looking at IL. If your payment was by credit card I'd call the guy again and if he's not willing to work it out.If he's not willing to I'd call the credit card company and have them charge it back to your account. It may take them a couple of weeks but they will straighten it out for you.
#7
Join Date: Feb 2004
Location:
Posts: 326
RE: Refund or No refund??
Even if you didn't sign your name, I believe you do have a legal contract. Money has exchanged hands, which is often used to argue that a binding argreement has been made. I'm not an attorney, but this is what I have gathered from recent legal experiences. I'd say apply again next year. You now have a preference point and will likely draw a tag for the '05 season. Either way, best of luck to you.
#8
Thread Starter
Join Date: Feb 2004
Location: Central Wisconsin
Posts: 132
RE: Refund or No refund??
Well, its all ironed out for the most part. guess I'll be hunting in Missouri. Better to use the money up than to just forfeit it. Hopefully I'll connect with a good buck. Thanks for the input all. Just another lesson in this thing we call life.
#10
Typical Buck
Join Date: Feb 2003
Location: Northern Illinois
Posts: 612
RE: Refund or No refund??
Interesting situation. IMO, the Outfitter would have been fair had he/she let you know up front if your deposit would be refunded. What expense have they had so far to hold the deposit? I highly doubt that they turned away people due to you booking with them since the draw odds are not getting everyone a tag.
I think a good outfitter would have refunded the money.................
Don
I think a good outfitter would have refunded the money.................
Don