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The FRSB has sided with a children’s charity after it refused to give a refund to a supporter who decided not to participate in its Kilimanjaro challenge event.
A complaint was lodged against Childreach International by a person who had signed up and paid a deposit for the charity’s Climb Kilimanjaro for Kids event. The individual had been unable to complete the event due to a rescheduling of dates and because they did not raise the agreed amount of money (£2,440).
But Childreach International successfully defended its position at the FRSB stage three adjudication, outlining that, at the time of rescheduling the event, the charity had written to participants offering a refund of the deposit – an offer the complainant did not take up at the time. When the individual cancelled their participation some months later, the charity also gave them the chance to defer their deposit for the following year’s event. While the complainant’s sponsors were happy for the charity to keep the £1,729 raised, the would-be mountain climber wanted their £220 deposit back.
FRSB chair Colin Lloyd said that the charity had been “reasonable” with the complainant at all stages, and that the terms and conditions of the event were made clear from the outset.
Lloyd said that responsibility for being aware of the terms and conditions clearly lies with the event participants. “This highlights the importance of participants thoroughly reading through their obligations before signing on the dotted line,” he said.
A spokeswoman for Childreach International welcomed the FRSB’s findings. “We are pleased with the result. We work with the upmost care to uphold the guidelines set out by the FRSB and ensure all of our fundraising standards meet their requirements,” she said.
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Carl Allen
10 Oct 2011
On this notable judgement, now let none in future complain for charity and volunteer fairness was not a detail or principle in the contract.
And fare thee well to the principle of cost recovery as it is no more.
TOP TIP A volunteer cannot be a party to a contract.
But my question ... should the FRSB have offered mediation and not adjudication?
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