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Re: Lake Tahoe Triathlon cancelled, no refunds [fartleker] [ In reply to ]
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fartleker wrote:
kny wrote:


There won't be any races left if promoters are exposed like that. Margins are thin. If the potential profit is single digit % of registration fees and potential loss is 100% of registration fees, you will have no one putting on races. As it is, feel free to pick and choose your races amongst those that offer full refunds. Pickings will be slim.


I don't expect any kind of a refund if I choose not to race, be it from injury, burn out, or my chinchilla being eaten by my girlfriend's cat. A canceled event is something different, to me.

There was actually another tri that was canceled here in May. It was held on a military base. And after Boston, the base freaked out and wanted full social security numbers, driver's license numbers, addresses, and more for 500 participants and and of the spectators. The race organizers canceled in on Tuesday or Wednesday (the event was Sunday) and gave full refunds, turned it into a donation, or gift cards to a local sporting good store.

That, to me, is a better business move.


I'll tell you what. I'm putting on SavageMan in two weeks. Perhaps I don't charge enough or I am not getting enough external money or free services via sponsorships as I need to be. But, if I were to look at the event bank account, subtract out accounts payable, and look at what would be left to refund the ~1000 registered athletes, I don't think we would seen 10 cents on the registration dollar to refund. So, to issue a full refund out of pure goodwill would be dipping into my personal monies, which I would be hesitant to do. Now, maybe if I ran a lot more events and could rob from Peter to pay Paul, then it could be done, but I struggle to see it as good business. Athletes want registration fees as low as possible, too, now remember, hence the thin margins from those of us who are not WTC.
Last edited by: kny: Aug 27, 13 9:44
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Re: Lake Tahoe Triathlon cancelled, no refunds [kny] [ In reply to ]
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This is the practical point that people seem to be conflating with the legal question.

That said, just for my own interest, is there any type of insurance that you could obtain to cover a force majeure situation for which you would offer refunds?
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Re: Lake Tahoe Triathlon cancelled, no refunds [Ajaxrunner] [ In reply to ]
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If I tell you that if you give me $20 I am going to do my best to provide you a service. But, if I cannot do it for any reason, I am going to keep all your money. At that point I have already told you that you are going to share the risk with me. It has been your decision to accept that risk. Don't like it, don't agree to the terms.

Nobody takes any responsibility for their own actions anymore.



I have zero issue with the promoter keeping a portion of the registration fees and fully understand that I entered under my own free will. What I don't like is that the promoter will actually make a larger profit by not incurring the race-day expenses. They have padded their own wallet by cancelling the event and offer little back to the athletes. As fartlaker stated in another post, their decision is probably short sighted and they will loose in the long run.
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Re: Lake Tahoe Triathlon cancelled, no refunds [justarunner] [ In reply to ]
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justarunner wrote:
What refund do you want?

I'm always astounded by how little participants know about the actual processes of the races they participate in. Your money is most likely gone, used, spent, voila.

People have to get paid, materials were bought, permits were paid for, etc. It's not like, "oh shit, we're sorry, let us unspend all this money so you can have your money back".

It simply does NOT work like that. Anytime a runner, triathlete, swimmer, or cyclists ask for a refund what it really amounts to saying is, "Hi, i'm very ignorant of the process of how races are put on, can you make a special exception for me and pay me back with money that no longest exist".

Shit happens, races get cancelled, suck it up.

This thread should have been titled "Lake Tahoe Triathlon cancelled". The "no refunds" part amounts to a "no shit, sherlock".

/rant

That is all true.

But,

From consumer protection laws standpoint, this is no different than paying for that couch and not getting it. Money was spent on services not rendered. It doesn't matter that money was already spent by the RD and gone. It doesn't matter. Race still took money, and gave nothing in return. Dip into that piggybank or get a loan and return what they took. Or declare bankruptcy and then legally they are no longer obligated to issue refunds.

An athlete left out to dry should not give a crap that the money was spent on stuff the athlete will never see or use. Every business who may owe me money and can't pay up is in that precise same situation, and yet they are obligated to refund unless they declare bankruptcy. But a race taking money, not putting on a show, and then continuing on as if nothing happened is somehow acceptable? Hell no. Like someone said, any decent lawyer could get you your money back. The no refunds policy you've agreed on when you signed up is worthless if it isn't legal.

Edit: mind you, I don't advocate suing to get your money back. It will only hurt the sport. May be cheaper in the long term to just suck it up and write off that money, which is exactly what we all do and exactly why this trend of no-refunds still exists. We let it exist rather than challenge it, for the good of the sport.
Last edited by: Dilbert: Aug 27, 13 9:50
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Re: Lake Tahoe Triathlon cancelled, no refunds [kny] [ In reply to ]
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(not directed to the person I replied to)


didn't something similar happen at the NYC marathon last year? How much of a refund was given? How much of a discount on next years race was given?

Weather and acts of nature are something that event organizers can't control for. Not getting a refund is to be expected.
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Re: Lake Tahoe Triathlon cancelled, no refunds [The Guardian] [ In reply to ]
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The Guardian wrote:
This is the practical point that people seem to be conflating with the legal question.

That said, just for my own interest, is there any type of insurance that you could obtain to cover a force majeure situation for which you would offer refunds?

For individual cancellations, I offer separate refund and deferral insurance options during registration so that people have the option and I don't have to play arbiter for all the woe-is-me pleas that come in.

For event-wide cancellations, I'm sure an insurance policy could be obtained, but it would be pricey as the potential liability is high. And, as the likelihood slim, the better move is to share the small risk amongst all registrants. Now, maybe if I were holding an ocean-swim triathlon during hurricane season the equation would be different.
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Re: Lake Tahoe Triathlon cancelled, no refunds [Dilbert] [ In reply to ]
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Dilbert wrote:

From consumer protection laws standpoint, this is no different than paying for that couch and not getting it. Money was spent on services not rendered. It doesn't matter that money was already spent by the RD and gone. It doesn't matter. Race still took money, and gave nothing in return.


Can you point me to this consumer protection law that would trump an Act of God clause, or any contractual provision giving the RD the right to cancel an event without refund under certain circumstances (assuming it's in the waiver and the event was a valid reason to cancel)?
Last edited by: Goosedog: Aug 27, 13 9:53
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Re: Lake Tahoe Triathlon cancelled, no refunds [riltri] [ In reply to ]
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riltri wrote:
I have zero issue with the promoter keeping a portion of the registration fees and fully understand that I entered under my own free will. What I don't like is that the promoter will actually make a larger profit by not incurring the race-day expenses. They have padded their own wallet by cancelling the event and offer little back to the athletes. As fartlaker stated in another post, their decision is probably short sighted and they will loose in the long run.

This is very true! Thank you.

What I'd also like to add on, and what I've stated before in this thread, is that they're asking me to pay more for another race to gain the 'benefit' of a discount for the canceled event. What the....?!
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Re: Lake Tahoe Triathlon cancelled, no refunds [Ajaxrunner] [ In reply to ]
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Ajaxrunner wrote:
SurfAwave69 wrote:
It hasn't been explained and you're welcome to elaborate more on why a full credit can't be issued.


Sure, let's see if you can understand this concept.

You and your best buddy are at the airport, waiting for the plane to take you to Kona when you realize that you have forgotten to pack your helmet. The plane is leaving in 1 hour, but you remember that there is a bike shop, just 20 minutes away. Since you are worried you can't find the helmet you want in Kona, you tell your buddy you plan to quickly get to the bike shop, buy a new helmet and make it back in time for the flight. Just as you walk off he presses $20 in your hand and asks you to pick him up a multi tool, since he isn't sure if he packed his.

You do your shopping, buy a new, very aero, helmet and pick up the multi tool for your buddy. Standing in line waiting to go through security you gloat about how well this is working out. As you hear the final boarding call for your flight, you are about to pick your bag off the x-ray belt. Just then, the friendly TSA agent tells you that multi-tool isn't going to be allowed any further. Now scrambling to make your flight and believing your friend to be reasonable, you decide to leave the multi tool behind and make a dash for the gate.

When you settle in beside your buddy on the plane, you find out maybe he isn't that reasonable after all. You thought he would understand the force majeur, but clearly he isn't understanding at all. Or maybe he is understanding, but just not caring...

He wants a multi-tool or $20 and if he doesn't get either real soon, he is going to tell the friendly flight attendant you keep muttering about a bomb.

You have $5 in your pocket, the choice is yours......

I'm not taking a stance on either side of the Event Company v. Athlete debate since I don't have any experience as an RD nor do I understand the business considerations behind putting on a race.

I AM taking a stance that this is a bad analogy. I might have $5 in my pocket, but hopefully I have other money elsewhere. If I'm using my pockets as my only bank and I only have $5, I've got bigger problems. If it were me, I would probably give my friend at least $10 if not $20 and an apology. Or the $5 in my pocket and pay for his lunch on the plane.

The gist of the matter is that there are all sorts of lines that can be drawn -- legal responsibility, moral obligation, etc. There is no objectively "correct" answer.
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Re: Lake Tahoe Triathlon cancelled, no refunds [SurfAwave69] [ In reply to ]
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As an RD, the decision to cancel the race is not an easy one. Everyone is willing to beat the dead horse about athlete safety (look at all the talk about bad stretches of road in any of the recent threads) and how the RD is ultimately responsible for this. Guess what, this guy pulled the trigger for the safety of the athletes and now you are pissed. I am sure you would have been just fine with the smoke and fire, and there was no chance it could have changed direction or moved faster than predicted, and everyone would have been fine. You would probably be the first guy on here complaining about the smoke and how bad the race was and how unsafe the conditions were.

I put on a small tri every year and we make between $500-$1000 for our charity. 100's of hours of work, 100's of volunteers to coordinate, Yep, the RD business is a great way to rake in the cash. Desert Dude, If you want to put up that $1000 and sponsor a small tri in Iowa, Let me know!
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Re: Lake Tahoe Triathlon cancelled, no refunds [riltri] [ In reply to ]
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riltri wrote:
Being a Harvard of the South grad (WCU), I have too much business sense to get into a venture with the rick/reward that race promoters deal with.

Actually, on second thought, go ahead and send me the $1000 and I will get started putting one together. I will even give your athletes a 10% discount on entry fees. PM sent with my mailing address.....and we do accept PayPal ;)

You're really not doing yourself any favors here.

__________________________

I tweet!

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Re: Lake Tahoe Triathlon cancelled, no refunds [ZackCapets] [ In reply to ]
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ZackCapets wrote:
riltri wrote:
Being a Harvard of the South grad (WCU), I have too much business sense to get into a venture with the rick/reward that race promoters deal with.

Actually, on second thought, go ahead and send me the $1000 and I will get started putting one together. I will even give your athletes a 10% discount on entry fees. PM sent with my mailing address.....and we do accept PayPal ;)


You're really not doing yourself any favors here.

LMAO That is what I get trying to work and hangout here!!!
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Re: Lake Tahoe Triathlon cancelled, no refunds [HLT] [ In reply to ]
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This is a recurring defense in this thread that has no merit to the situation.

No one is arguing about the cancellation, nor complaining about the smoke. I'm not sure why you even brought that up.

How does your small tri event correlate with this situation?

$225 is a lot, and I'm not asking for it back; I've stated that numerous times now. I just want to race in another one of their events, and they're not giving me that option. Thus, no more Big Blue Adventure races for me.
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Re: Lake Tahoe Triathlon cancelled, no refunds [SurfAwave69] [ In reply to ]
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SurfAwave69 wrote:
Personally, I'm not asking for my full fee of $225 to be given back to me. Give me a chance to race in one of your next events with a full credit. Telling me to PAY for another event with $20 off...bad, bad, bad.

You keep restating this $20 number, when in reality it was around $56. The RD is giving you 25% off, not 9% off.

-Eric
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Re: Lake Tahoe Triathlon cancelled, no refunds [Dilbert] [ In reply to ]
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Dilbert wrote:
justarunner wrote:
What refund do you want?

I'm always astounded by how little participants know about the actual processes of the races they participate in. Your money is most likely gone, used, spent, voila.

People have to get paid, materials were bought, permits were paid for, etc. It's not like, "oh shit, we're sorry, let us unspend all this money so you can have your money back".

It simply does NOT work like that. Anytime a runner, triathlete, swimmer, or cyclists ask for a refund what it really amounts to saying is, "Hi, i'm very ignorant of the process of how races are put on, can you make a special exception for me and pay me back with money that no longest exist".

Shit happens, races get cancelled, suck it up.

This thread should have been titled "Lake Tahoe Triathlon cancelled". The "no refunds" part amounts to a "no shit, sherlock".

/rant

That is all true.

But,

From consumer protection laws standpoint, this is no different than paying for that couch and not getting it. Money was spent on services not rendered. It doesn't matter that money was already spent by the RD and gone. It doesn't matter. Race still took money, and gave nothing in return. Dip into that piggybank or get a loan and return what they took. Or declare bankruptcy and then legally they are no longer obligated to issue refunds.

An athlete left out to dry should not give a crap that the money was spent on stuff the athlete will never see or use. Every business who may owe me money and can't pay up is in that precise same situation, and yet they are obligated to refund unless they declare bankruptcy. But a race taking money, not putting on a show, and then continuing on as if nothing happened is somehow acceptable? Hell no. Like someone said, any decent lawyer could get you your money back. The no refunds policy you've agreed on when you signed up is worthless if it isn't legal.

Edit: mind you, I don't advocate suing to get your money back. It will only hurt the sport. May be cheaper in the long term to just suck it up and write off that money, which is exactly what we all do and exactly why this trend of no-refunds still exists. We let it exist rather than challenge it, for the good of the sport.

Except that in this case you sign an agreement stating that you accept their "no-refunds" policy. Very few things that other consumers purchase carry this same clause because unlike goods or services, events (goods and or services rendered to a number of people at a specific day and time) are, by and large, only useful for one instance. Sure, the RD may be able to reuse unopened consumables, get partial refunds on equipment rentals and the like, but the services and goods were intended to be exhausted of their usable value on that day and time.

Unlike the couch, which will still hold its value beyond the date of purchase, it is the confluence of all the factors that comprise the event on the event day that gives it value.

I don't disagree that it sucks to lose money, and I think the most fair thing in theory would be for the RD to cover his non-recurring non refundables and refund the rest, without taking a windfall payday by making money on services not rendered. For all anyone knows, maybe the event wasn't slated to make much money and the 25% credit is all they can offer without accepting an enormous loss. Nobody knows.

People are quick to point out examples of events that have been able to offer a full refund or migrate entries to another race. The answer, as always, is that it depends. Just because one RD or one race makes that offer doesn't guarantee another can. That sort of logic would be obviously flawed.

__________________________

I tweet!

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Re: Lake Tahoe Triathlon cancelled, no refunds [alexaqui] [ In reply to ]
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alexaqui wrote:
You can't compare New York Road Runners with most organizers, other than WTC and a few other large/corporate even coordinators. NYRR is a HUGE operation, that pretty much puts up sold-out races every weekend (at a high cost for a low cost venue like Central Park usually). They pay their president $$$$$$ and had the means to cover the cost (with their insurance company).

The discount question really comes down to the marginal cost of adding an extra person to an existing race. Those generators and other expenses are already covered for the most part. I personally think a 25% discount is a little "cheap". I wouldn't enter a race put on by that promoter; the market will probably speak and they will go out of business.

NYRR may be a large event organizer ("HUGE corporation" is quite an exaggeration) but their liabilities for the NYC marathon are also way bigger than those of the triathlon in question, and the costs for insurance scale with the liability. The cost to insure the Tahoe triathlon would have obviously been much much smaller.

And to further strike the point home that NYRR's size is not the reason they were able to absorb all those refunds: They have $53.9 million in revenue and $52.2 million in costs yielding an operating margin of $1.7 million. (I do not know their cash position because I do not want to pay guidestar a membership fee). Their liability in refunds alone for the cancellation of the NYC marathon was on the order of $12.75 million.

-------------
Ed O'Malley
www.VeloVetta.com
Founder of VeloVetta Cycling Shoes
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Re: Lake Tahoe Triathlon cancelled, no refunds [EricTheBiking] [ In reply to ]
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So every one of their races is the exact same price?

Please, this is just deflection from the real issue.
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Re: Lake Tahoe Triathlon cancelled, no refunds [desert dude] [ In reply to ]
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I always smile when I read these threads. Someone signs a contract with stated criteria, and when it does not go there way, they want to break the contract.

Bottom line, this is the reason I no longer sign up for races, that I know will not sell out, until race morning. So, so simple to never have this issue.

Now, if for some reason IMLT got cancelled because of the fire, would I be bitching about getting my 700 bucks back? Nope.

.

Dave Campbell | Facebook | @DaveECampbell | h2ofun@h2ofun.net

Boom Nutrition code 19F4Y3 $5 off 24 pack box | Bionic Runner | PowerCranks | Velotron | Spruzzamist

Lions don't lose sleep worrying about the sheep
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Re: Lake Tahoe Triathlon cancelled, no refunds [SurfAwave69] [ In reply to ]
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Hi SurfAware69,

It's always disappointing to have a race cancelled that you have paid to enter.

My problem as a race timer is not when races cancel (the timing agreement spells out what, if any, gets paid to whom) but when Race Directors don't pay. The athletic highway is littered with quite a few RD's that don't pay for services.

I went to the Big Blue Adventures facebook page. It's pretty quiet there. Only 2 comments: 1 from a person who said the smoke wasn't bad on race day, the other who supported the race for cancelling (she wasn't entered in the event).

The market sorts out the winners and losers for Race Directors. This event company seems to be upfront about their policy, which is great. The problem for the athlete is when that policy is put into effect. I would certainly want more/expect more from the race, but that is their decision. They made a business decision, and, in their estimation, in the long run it will help their business. They will lose some athletes from their next event, and social media could blow up on them. However, at this point, it's crickets on their facebook page.

I would think your first option would be to contact them and see if they can make some sort of exception to their policy. I always like to use the rational customer example. Customers and businesses often have opposing goals for their service/product. However, the rational customer/company will talk to and work with each other to see if a viable solution exists. You have the option to pursue many courses and I'm not sure any of them would, in the end, help you. They have chosen their course.

The rational company will always show that they value the customer in some way.

Possibly if you talk, some sort of middle ground can be found.

Good luck!

Mark

Fast-Finishes.com
Triathlon and Running Race Timing
Athletic Event Management
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Re: Lake Tahoe Triathlon cancelled, no refunds [EricTheBiking] [ In reply to ]
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EricTheBiking wrote:
SurfAwave69 wrote:
Personally, I'm not asking for my full fee of $225 to be given back to me. Give me a chance to race in one of your next events with a full credit. Telling me to PAY for another event with $20 off...bad, bad, bad.


You keep restating this $20 number, when in reality it was around $56. The RD is giving you 25% off, not 9% off.

-Eric

As a customer I would be thinking "Gee this $225 triathlon actually cost me $394"

I would be the one saying "screw that, they stole money from me, I wont give them anymore business..."
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Re: Lake Tahoe Triathlon cancelled, no refunds [justarunner] [ In reply to ]
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justarunner wrote:
1) For those who think triathlon/racing should be the same as commodity businesses such as purchasing a couch. Please tell me what magical little economic universe you live in where things work like that?

2) You have agreed to forfeit your money. There was...
a) an Offer
b) Consideration
c) Acceptance

3) That means we have a legally binding contract that included a clause concerning no refunds.

4) Someone would say this is fraud but for fraud you need,
a) A false statement of material fact
b) knowledge on the part of the defendent the statement is untrue
c) intent to deceive the victim
d) justifiable reliance on the statement by the victim
e) injury to the victim

5) Wow, seems like we only have two elements, thus there is no fraud, no breach of contract, and you are entitled to NO money back.

6) For people like the guardian who can't wrap their brain around why this business model is different is because this business provides a single service, once a year, and mass refunds would immediately bankrupt said company as opposed to a couch company which has factored in one bad couch every 1000. 1 bad race in one race with refunds = bye bye race.

7) For the idiots who argued about NYRR paying back the athletes and the other idiot who said, "yea, NYRR doesn't have that much money"...Are you f'n kidding me? NYRR is essentially the largest running club in the U.S. if not the world. If ANY one entity has the payroll, sponsors, and insurance to back a mass refund, it's the f'n NYRR. Lake Tahoe triathlon is like a drop in an ocean compared to NYRR. Be serious with these awful comparisons.

8) People who demand refunds, future credits, etc are a stain on this sport. RDs bust their ass to give the best possible experience and their's a damn fire blazing through the west and y'all cry that you want your money back. Well WAH, you don't get it. You signed a contract that is legally binding and legally sound that told you so. If you don't like it, leave the sport. But stop complaining because you sound ignorant and whiny.

Or you could just pull your head out of your ass and realize if you piss off your customer base, you wont have future customers. Its not like there are an unlimited number of triathletes out there. McDonalds can afford to piss off a few customers.

If you cant bear the risk of Mother Nature forcing a race cancellation and doing whats right for your customers, you buy down that risk with insurance. It works that way for any business. There are companies out there who's job it is to bear risk for a fee, for those not willing to bear it themselves.
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Re: Lake Tahoe Triathlon cancelled, no refunds [desert dude] [ In reply to ]
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It's been a interesting year so far. I raced the Boston Marathon and NYC marathon plus I am registered for Lake Tahoe IM. In regards to Boston, those who did not finish were invited back next year. NYC, we were given a slot for either 2013 or 2014 but we would have to pay the entry fee again or get a refund if we chose not to race NYC again in 2013 or 2014. Unfortunately, Lake Tahoe IM may be affected by the fire as well. Stuff happens, you roll with it.


HoneyMaxx Ambassador
HoneyMaxx.com
Last edited by: Ken Smith: Aug 27, 13 10:23
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Re: Lake Tahoe Triathlon cancelled, no refunds [justarunner] [ In reply to ]
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justarunner wrote:
1) For those who think triathlon/racing should be the same as commodity businesses such as purchasing a couch. Please tell me what magical little economic universe you live in where things work like that?

2) You have agreed to forfeit your money. There was...
a) an Offer
b) Consideration
c) Acceptance

3) That means we have a legally binding contract that included a clause concerning no refunds.

4) Someone would say this is fraud but for fraud you need,
a) A false statement of material fact
b) knowledge on the part of the defendent the statement is untrue
c) intent to deceive the victim
d) justifiable reliance on the statement by the victim
e) injury to the victim

5) Wow, seems like we only have two elements, thus there is no fraud, no breach of contract, and you are entitled to NO money back.

6) For people like the guardian who can't wrap their brain around why this business model is different is because this business provides a single service, once a year, and mass refunds would immediately bankrupt said company as opposed to a couch company which has factored in one bad couch every 1000. 1 bad race in one race with refunds = bye bye race.

7) For the idiots who argued about NYRR paying back the athletes and the other idiot who said, "yea, NYRR doesn't have that much money"...Are you f'n kidding me? NYRR is essentially the largest running club in the U.S. if not the world. If ANY one entity has the payroll, sponsors, and insurance to back a mass refund, it's the f'n NYRR. Lake Tahoe triathlon is like a drop in an ocean compared to NYRR. Be serious with these awful comparisons.

8) People who demand refunds, future credits, etc are a stain on this sport. RDs bust their ass to give the best possible experience and their's a damn fire blazing through the west and y'all cry that you want your money back. Well WAH, you don't get it. You signed a contract that is legally binding and legally sound that told you so. If you don't like it, leave the sport. But stop complaining because you sound ignorant and whiny.

+10


.

Dave Campbell | Facebook | @DaveECampbell | h2ofun@h2ofun.net

Boom Nutrition code 19F4Y3 $5 off 24 pack box | Bionic Runner | PowerCranks | Velotron | Spruzzamist

Lions don't lose sleep worrying about the sheep
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