Obtaining a refund from a "transporter"?

[ttmannan]

I edited this for clarification.
I am looking for advise or previous experience with a similar issue. In April of 2019 a buddy told me of a great deal at a lodge, to hunt Sitka Blacktail self guided on Kodiak - the vendor is NOT an outfitter.

I made a payment in full, via check in May of 2019 for a November 2020 hunt "5 day / 5 night package for $X,XXX for a Hunting / fishing trip which includes : lodging, meals, boat charter, fishing gear and all fish processing. On this trip you are allowed to shoot (3) deer, fox, sea ducks, salmon, halibut and fresh crab."

It was a group hunt with 7-8 people and I was the only one who cancelled. We were all given discounted rates since it was a group larger than 5. I cancelled in May of 2020 (for a late November hunt) and was assigned arbitrary dates via text for a 2021 hunt. I called to discuss the dates but no returned messages.

The reason I cancelled in May of 2020 for a hunt I paid in full for in May of 2019 - I got drawn for an AZ bull elk tag that interfered with the dates. I thought I was going to be able to reschedule Kodiak to 2021. I will be unable to go in 2021 (and I no longer have a group to go with) so I have been asking them for a refund since December 1, 2020 (11.5 months in advance of the hunt).

Over the last 5 or so weeks I have called multiple times to two different phone numbers (and left voicemails), I have sent text messages (replying to an old chain), I have sent e-mails (replying to the existing chain from 2019) and I have sent Facebook messages to the vendor (they show read) letting them know that I was not going to be able to go and asking for a call back and then eventually asking for refund. There is NO contract in place, just some emails and texts. They are intentionally ghosting me.

What recourse do I have in Alaska for a "transporter" that is acting in such a manner? They are not an outfitter. They have no contracts, they have no refund policy or cancellation policy on their website or in any of the emails or texts sent to me.

 

[Glory]

What is their written policy?

 

[AKBorn]

Damn...unless the emails and texts are fairly detailed, this could be an uphill battle. Hope you are able to resolve in a satisfactory manner.

 

[ttmannan]

What is their written policy?

They do not have a written policy on their website or in any of their emails.

 

[Bubblehide]

If you paid by credit card, open a dispute of the charges and provide the credit card company all documented contact attempting to resolve the matter.

 

[Glory]

This is a difficult situation. Nov 2020 Alaska was wide open for NR if you got a test. It was opened June 5th. You had a elk tag and made a choice to not go. They rebooked you for 2021 and again, you are making a choice not to go.

Unfortunately for a number of small businesses, it’s not as simple as refunding money at this point, after being wiped out by COVID. It’s also a tricky deal for them as they book people, turn away a pile of potential bookings, and then have someone make a choice to not come, and expect a refund. That’s why many operators have a policy that they will refund a deposit if they are able to rebook a particular spot.

Like I said, this is a difficult situation and time. I would refund you your money, but I have a feeling most in the AK outdoors industry might not be in a position to do so after COVID.

Good luck and be nice to them.

 

[Nick Muche]

How exactly did COVID restrictions not allow you to go, cause a ton of people were able to make it to Kodiak this fall...

When did you cancel in relation to your trip?

To me, not knowing anything other than what you wrote, it sounds like you cancelled to go on the elk hunt. Which is fine, but by booking the deer hunt and cancelling you did take away possible business for the outfitter from someone else, which is what a deposit is for.

Lastly, never pay full price before you go, just pay the deposit if possible.

 

[robtattoo]

I'm probably going to sound like the dick here, but you canceled your trip & cannot rebook for this year.
How is that their fault & why do you think you should get a refund when it was, technically, you that 'breached the contract' (for want of a better phrase)?

 

[chadcharb]

Can you give/sell the hunt to someone else for 2021 and cut your losses?

 

[MattB]

Did they agree to reschedule you from 2020 to 2021?

 

[ttmannan]

How exactly did COVID restrictions not allow you to go, cause a ton of people were able to make it to Kodiak this fall...

When did you cancel in relation to your trip?

To me, not knowing anything other than what you wrote, it sounds like you cancelled to go on the elk hunt. Which is fine, but by booking the deer hunt and cancelling you did take away possible business for the outfitter from someone else, which is what a deposit is for.

Lastly, never pay full price before you go, just pay the deposit if possible.

I personally had covid restrictions but that is neither here nor there so I should not have mentioned it - I cancelled due to getting drawn for elk in Arizona and that hunt starting days after I would have been able to return.
There was a group of 7 or 8 including me and I was given a discounted rate. I am the only one from the group that did not go.
I started reaching out to them in March 2020 but full "reschedule" was done 5/26/2020 from the 2020 hunt to a hunt in 2021. I cannot go in 2021 on the dates they arbitrarily assigned me and I have lost all interest in doing business with the vendor as a result of how they have failed to communicate with me over months of me attempting to communicate with them.

I feel like I have given them ample opportunity to respond to me via various and multiple forms of communication. I also feel like I have given them enough lead time to be able to fill the spot with another hunter. I let them know December 1, 2020 that I would not be able to go in 2021. A refund and filling the spot with another hunter would be to their advantage as I was given a huge discount for the 2020 hunt since it was a group of 6 or 7 other hunters - all of which attended the hunt in 2020, except me.

 

[Highcountrybulls]

As previous folks have mentioned, it sounds more like you changed your mind about going on the hunt than the 'rona being the reason you couldn't go. To apply for and draw an elk tag for the same time period that is more desirable than a Kodiak hunt is a gamble. Sounds like you lost the hand.

2020 was a tough year on most service industry businesses and I can't blame them at all for not refunding all or at least a part of your payment since it was not their doing (nor State of AK travel restrictions) that caused you not to complete the trip. So many small businesses are struggling to keep the doors open and there's a good chance they may not have the extra to refund.

One thing you might try if you cannot get a refund is to sell your 2021 booking to another party. Where you were booked to go in 2020, this may not be possible but I would think most outfits would work with you. It may cut your losses.

 

[ttmannan]

Can you give/sell the hunt to someone else for 2021 and cut your losses?

Great question - you want it? $2,375 is what I paid for it - make me an offer!

 

[Okhotnik]

Great question - you want it? $2,375 is what I paid for it - make me an offer!

dates and what does that amount cover?

 

[ttmannan]

As previous folks have mentioned, it sounds more like you changed your mind about going on the hunt than the 'rona being the reason you couldn't go. Booking a hunt in May when 'rona was in full swing was a huge gamble, then to top that you draw an elk tag for the same time period that is more desirable than a Kodiak hunt so there's gamble #2. Sounds like you lost the hand.

2020 was a tough year on most service industry businesses and I can't blame them at all for not refunding all or at least a part of your payment since it was not their doing (nor State of AK travel restrictions) that caused you not to complete the trip. So many small businesses are struggling to keep the doors open and there's a good chance they may not have the extra to refund.

One thing you might try if you cannot get a refund is to sell your 2021 booking to another party. Where you were booked to go in 2020, this may not be possible but I would think most outfits would work with you. It may cut your losses.

I booked it in 2019. Rona wasn't a thing. Rona wasn't the sole reason I canceled and I shouldn't have stated that. I got drawn for elk starting Black Friday and wouldn't be returning from Kodiak until Monday prior to that. Covid was in my mind heavily in March, April and May of 2020 when I was cancelling and I cancelled during the height of Rona but that wasn't the sole reason, at the time, that I canceled. I would not have been unable to go in November even if I hadn't gotten drawn for elk - due to the rona. I shouldn't have put the rona piece in there as it muddies the waters.

It was a group hunt and I was the only one that didn't go. I was assigned dates in 2021 that I cannot attend. And it's no longer a group, it's me on my own. They have been given plenty of advanced notice in order to sell the same spot at full price instead of allowing me to attend at the discounted price. I do understand that service industry businesses took a hit. I am willing to work with them on it or sell it - but I can't get a response via any form of communication so it seems they are unwilling to work with me - it's been 5 weeks.

 

[ttmannan]

Did they agree to reschedule you from 2020 to 2021?

They assigned me dates that I cannot attend. I have asked them to call me to discuss these and they will not.

 

[ttmannan]

dates and what does that amount cover?

11/15-20 are the dates
Hunting / fishing trip which includes : lodging, meals, boat charter, fishing gear and all fish processing.

On this trip you are allowed to shoot (3) deer, fox, sea ducks, salmon, halibut and fresh crab.

 

[Nick Muche]

I wonder if the transporter in question is a Rokslide Sponsor, if so, they may be able to chime in publically, or privately.

Yeah, I'd have left the COVID restriction excuse out of your post, cause there was no restriction from stopping you on this trip when you canceled 6 months prior. Drawing the elk tag is what stopped you, and there is nothing wrong with that and I also think that you gave him ample lead time with your cancellation. Something should be returned, a deposit at least.

Again, just my thoughts and hopefully you are able to get something worked out.

 

[Elkangle]

Maybe reread your texts & emails you've sent and check your tone ? If you've implied remotely of lawsuits they probably won't respond.. texts and emails are tough cuz they may be reading them differently then you are implying.

Do your best to send another wave of communication but in away thats putting the ball in your court about selling the 2021 space...heck I might even buy it !

 

[MattB]

I would not have been unable to go in November even if I hadn't gotten drawn for elk - due to the rona.

That sounds like your issue and not theirs, and I am struggling to understand the perspective that them giving you a full refund is an equitable outcome.