Sanity check - if I company cannot supply me with exactly what I ordered I don’t have to take an alternative do i ?

[3BSHKATS]

So long and the short of it is ordered something for DD’s birthday. An event. He can’t go ahead exactly as described, but it can go ahead, kind of alternatively. I don’t want the alternative.
So I’ve said either put the money towards something else that I can order completely different or refund my money.
I’m just checking that I’m not losing my mind because they’re coming back with no.
I did pay for it on a credit card

How different is the alternative?

Also is there anything in the terms and conditions that mentions alternatives?

How different is it?

My understanding of the law is It doesn’t matter how different the alternative it is. The fact is they either supply what I signed the contract for, or I’m entitled to a refund.

That’s my understanding, their terms and conditions do not override the law. But
I just want to check 😬

It depends on your contract.

Yes by default you are entitled to a refund if they can't provide you with what you paid for. But if you sign a contract you can waive this right.

There are legitimate reasons for this, for example if you pay a builder £30,000 to totally refurbish your kitchen, and during the construction process it becomes apparent that the exact oven you wanted is no longer available due to a safety recall, you wouldn't reasonably expect to say to demand the builder gave you the entire £30,000 back because the end result wasn't exactly what you'd agreed.

Okay, yep that makes sense so what if the part of stadium isn’t built?

Could you be more specific about what the event is, please? It's hard to answer without any details.

If you book a play starring David Tennant, and then an understudy is used instead I I think you don't get a refund for that either?

Whatever it is cannot be outting enough to actually say what it is so anyone can advise!

Oh absolutely, its not outing enough I’m happy to give you more details. Basically Liverpool match she wanted specific seats and she wanted to do a specific meal at a specific restaurant. The stadium part that we wanted to be in isn’t built and it’s not likely to be until October. The match is in August.

Difficult to say without knowing the exact details but (for example) if you'd booked a bouncy castle in the theme of dinosaurs but that wasn't now available - so they offered an alternative without that design - I think that would not warrant a refund.

I'd expect the stadium bit to be explicitly referred to in the T&C's.

Yes it is. They concede that they cannot supply it.

How were you able to book the tickets if the stadium wasn't built? Were the tickets sold in expectation that the stadium would be complete?

Can you still see the match though (just in different seats) and eat in the restaurant?
Assuming you can still eat in the restaurant you wanted to and can be seated somewhere else to watch the match then I don't think they're offering an unreasonable alternative. Perhaps if the alternative seats are less good then a partial refund maybe?

We can still see the match, but we can’t go to the restaurant and we are paying massively over the price of a ticket for the game for the specific hospitality that isn’t going to happen.

for the record Liverpool football club are refunding, but this was through a ticket agent.

So you've booked specific seats, and now it is apparent that those seats will not be available?

So they were selling seats for a stadium that is not yet finished? When did you buy the event? I’m thinking that if you bought it recently then it would be obvious that the seats might not be available, building work often over runs.

I guess they have offered you different seats in the rest of the ground? it’s likely that the t&cs cover this and say that alternative seats will be offered instead.

However, if the meal is in a restaurant in the new, unfinished stadium as well, then I would expect an offer of alternative dates once the stadium is finished or a refund but you need to read the details carefully.

Specific seats that are in a stadium that hasn’t been built and a specific restaurant that also hasn’t been built.

Sorry, just realised that you have updated while I was typing my post!

So where we are butting heads is the I’ve said fine transfer I’ll just be open here, the thousand pounds that I’ve spent on the tickets for the Liverpool game to the England game that I’ve booked with the same company later in the year which is cost in 2000 so I’m still gonna have to pay them an additional thousand pounds they’re not losing here.

And they are refusing.
I either have to attend the Liverpool game in worst seats in a worst restaurant which they’re claiming is better, but I’ve been there before and I know it isn’t. Or else I lose the money.

Can you go over their heads. Ask to speak to their superior.

Do they have anything in their terms and conditions about being able to substitute an alternative restaurant or seat if the package was unavailable?

Nah, I'd just ask for a refund then. If you know it's not what they are trying to seek it as, I wouldn't bother. If they are being awkward about transferring the money paid onto another booking then just take the refund.

If you paid for it on credit card, can you make a section 75 claim for goods not as described?