Help: Fraud in the ARC boat rental

[Pekka]

I had made an agreement with Race1 concerning taking part in the Atlantic Rally for Cruisers (ARC) onboard Race1 owned Sydney 40 type sailing yacht “Pride”. According to the agreement Race1 was to provide me with a berth including food in the above mentioned yacht in the ARC. I paid agreed fee of GBP 1600 in advance according to the agreement. I was informed to be in Las Palmas no later than 3 days before start.

I arrived in Las Palmas on wednesday 17 November 2004. In Las Palmas I found out that Race1 had retired from the ARC about one week before my arrival. Race1 had not given me any information about the retirement. So I was in Las Palmas without a berth I had bought and without any information from Race1/Mr. Jonny Falkner. I realized I had been short-changed.

I have asked several times Mr. Jonny Falkner to refund my money but unfortunately without any positive effect. As it is very clear that Mr. Falkner has made a fraud I would like to ask if someone can give me any advice how to proceed to get a courts decision that Mr. Falkner must refund my money. I am from Finland and I have no knowledge about English system of laws.

http://www.u2canrace1.com/

 

[mreynolds]

Pekka,

It depends on what it says in the agreement. If it simply says "you are entitled to a place on the boat" then you should be able to get your money back. If it says "place not guaranteed due to..." then you may not be able to get it back (although you can try). For example, a typical clause will say that the firm is not liable if the weather is too rough to sail.

You'll need to take up the issue with Race1 in the UK. They have a companies house registration as:

http://wck2.companieshouse.gov.uk/197be7bafda562177c58d029c849f17e//compdetails

Citizen's Advice will tell you the next steps:

http://www.citizensadvice.org.uk/

 

[Sgeir]

There may well be a perfectly reasonable explanation, but it seems that this is not the first time that the gentleman and the company have been involved in some sort of controversy - you may wish to take a look at http://www.sailinganarchy.com/rumors/rumors_arch2002.htm.

 

[StephenSails]

PM me on this.

 

[Joe_Cole]

Not very good is it?

I don't know if it will help but I have sent Mr Falkner an E mail suggesting that he sorts this out for you.

 

[bob_tyler]

Has anyone informed the National Boat Show organisers. They may wish to investigate before the London Boat Show opens.

 

[Alfred]

It is people like this giving the marine industry a bad name. I suggest you inform the RYA www.rya.org.uk of your situation as well.