My girlfriend brought me a driving experience for my birthday, and we have been trying to get our money back but the company keeps cancelling?

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My girlfriend brought me a driving experience for my birthday, and we have been trying to get our money back but the company keeps cancelling?

My girlfriend brought me a driving experience for my birthday, however the company cancelled 1 week before and after making another appointment, which they also cancelled. We found out it is because they didn’t even have the car, just had it on order. We have been trying to get our money back for a month now however they are saying no because now they actually have the car however it’s 3 months later and I don’ want my money going to a company that has screwed us around so much. Do we have the right to get a refund?

Asked on May 30, 2012 under General Practice, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, if the company that ofefrs the driving experience does not have the vehicle that you want as represented and paid for, you are entitled to get a refund immediately for what was purchased.

If the company refuses to refund you the money, then your option would most likely be a small claims action for the refund of your money based upon a breach of contract theory of recovery. Meaning, you wanted to use your certificate and the company repeatedly was unable to accomodate your request.


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