800 dude wrote:
Abeneziel wrote:
Thanks you for confirming that it isn't legal and that there are actions that can be taken to get a refund from this shameless decision taken by the organisers.
Last post on this, since you're just gonna believe whatever you believe:
I am a lawyer who used to represent banks, credit card companies, and insurers. I have also drafted consumer contracts (the kind that nobody reads).
A contract that says, "you pay me and I may or may not put on an event, but I keep the money either way" is not enforceable because the promise to perform is illusory.
But a contract that says, "you pay me, but if the event can't go on because of natural disasters, government orders, acts of god, etc., I keep the money" is generally enforceable. That's how most of these contracts are written. It makes sense because most of the money is spent before the event. Contracts like this with force majeure or act of god clauses are extremely common and are almost always respected by the courts. True, the race organizer can buy insurance to cover certain cancellation causes, but the individual can also buy insurance, so nobody is in a better position here to avoid the loss. Something that isn't anyone's fault happened, which means that a huge pile of money has now been wasted. There's no fair way to determine who should bear the loss other than looking at what the parties agreed to in advance.
Now, in some cases, if a lot of the money hasn't been spent yet and because of the cancellation won't be spent, then you might have an equitable claim for restitution because the cancellation isn't supposed to create a windfall. But where your pro-rata share of the savings from not putting on the race would be minimal and hard to calculate, courts will not deviate from the plain terms of the contract.