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Old 29-07-10, 19:46   #26
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thats fraud isn't it?
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Old 30-07-10, 08:27   #27
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Theft by deception i think?
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Old 30-07-10, 20:21   #28
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i think this is great news...
i also think everyone should make the effort to get down there on atleast one of the days and support the event. If everyone gets down there to have a good time and enjoy the event with the right attitude i know the owners of the winton circuit wont have any dramas hosting the event for years to come. But i know for sure the people of Benalla and other surrounding towns will have a big part in wheather the event continues after the first. It all comes down to respect for the towns around the area after hours, i'm no angel but for events like this to continue with the rep car enthusiast's have these days (because of a small minority) its important to respect the place the event is being held, the towns ppl hang out in after hours and the residents of those towns. Even keeping the circuit clean like using rubbish bins and all that simple sh#t makes a difference when decisions are being made by council commities when putting their hands up to host these kinds of events. think about the ppl who are going there for the cars not the di#ks going there to get smashed f#*k other ppls property and screw it up for the guys, girls and families there for the right reasons...
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Old 30-07-10, 20:54   #29
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Quote:
Originally Posted by Mickey View Post
i think this is great news...
i also think everyone should make the effort to get down there on atleast one of the days and support the event. If everyone gets down there to have a good time and enjoy the event with the right attitude i know the owners of the winton circuit wont have any dramas hosting the event for years to come.
iv heard its a 10 year deal!
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Old 30-07-10, 23:45   #30
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i hope it is! and it stays a 10 year deal...
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Old 02-08-10, 18:24   #31
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This just posted on Fullboost, interesting post...

Quote:
Geez some of you make me laugh..

Jon legally doesn't have to refund a cent of the entry fees - read the terms and conditions that you signed up for.... Yep, that's right - LEGALLY - HE DOES NOT HAVE TO REFUND A SINGLE CENT....

The fact that he has said he will refund $$$ and is happy to offer his mobile number and will talk to people shows he is more than keen to make things right.

But hey, if you are that stubborn and want to make a point by not entering 2011 becasue you have not got your money back yet.....- that will mean more track time for everyone else.....

seriously guys, go and read the terms and conditions that you signed...

Page 4, Point 6.....

http://www.easternats.com.au/912-146...ternats_V2.pdf
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Old 02-08-10, 18:40   #32
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so he covered his ass legally, but morally the bloke is still a crumb and nothing will change that!
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Old 02-08-10, 19:35   #33
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Originally Posted by GAS747 View Post
This just posted on Fullboost, interesting post...
THATS GOLD,
Guess that means its not theift and you have GIVEN the money to him.
Still going next year. Hope u all decide to come as winton is a great place for it
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Old 02-08-10, 19:37   #34
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THATS GOLD,
Hope u all decide to come as winton is a great place for it
Yep its gonna be an awesome event cant wait!!!
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Old 02-08-10, 20:12   #35
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so he covered his ass legally, but morally the bloke is still a crumb and nothing will change that!
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Old 02-08-10, 20:22   #36
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Originally Posted by PRO.GMH
I know what happened with the event cancelling. Like everyone else who lost out I paid the organiser for something which I didn't get. You could write all the T's and C's you want but you'd still get a refund.

You call us stubborn for the unwillingness to enter an event next year when no refunds have been given 5 months after the cancellation of this years one? You'd be silly to be jumping up and down in excitement for next years event when you're already down on this one.

I love easternats and have entered before, it's great. It's just a shame about the current situation. I like all other pre paid entrants just want our cash back... seems fair yeah?
Quote:
Sure, seems fair, but you signed a contract and if you want to push the point legally, then you won't get far...

I was pointing out to all those that are threatening to sue Jon for a force majure cancellation are dreaming.. Sure, they can attempt to sue, but I am sure that by the time their lawyer / solicitor reads the terms and conditions, they know they will be pushing **** up hill and slap them about the head and tell them to read what they sign etc etc.

I don't know Jon's exact situation with regards to cash flow, and to be perfectly honest, it's none of my (or anyone else's business or that matter..)

- I can appreciate you wanting your money back.
- I can appreciate you getting angry that it is taking longer than you want
- I can appreciate that forums are an easy way to whinge and bitch and half the people that are threatening etc are just all talk.

The fact remains that Jon doesn't have to refund, so the fact that he has offered, even if it takes 12 mths - means that you will get back more than you are legally entitled to..

Why am I exceited about next year - well, I love my motorsport, I love the fact that someone is out there busting his balls to bring us an event that we all take for granted when it runs. Sure, he does it to make money, and good luck to him. History has shown in this last year that it's not all rose gardens and profits. I am already down on this year, but I am still excited for next year... Seriously, if you are ONLY in this scene to make money, then you are in the wrong scene...

Jon has lost a **** load of money on what happened this year. Even though you and others expect to get their money back becasue it wasn't your fault, Jonj will still be out of pocket... - but has he said **** it and walked away, hidden in a corner rocking back and forth ?? - **** no, he is out there trying to get another event up and running...

So yeah, I get passionate and excited, because if it wasn't for people like Jon, we would have NOTHING... I don't care about losing my $$$ when I know that it's not like the promotor took all my money and ran awy to Majorica and is living it up in the sun.... The promotor was ****ed over by another promotor......

Seriously, the fact that he OFFERED to refund shows that he is passionate about the event and the scene and the people that make the scene etc. Even if he only is able to afford to pay back HALF what you paid, I would be very appreciative. He could have just walked away and said tough ****.


But hey, this is a general call out - anyone with the balls to run an event of this size, and accept the rewards, step up and put your money where your mouth is... Just remeber, there will be people trying to knock you down at EVERY corner, and if you are lucky, you might make some money, and even get a thank you from some of the people you have provided for....
this bloke made a good point on fullboost. i am not encouraging or supporting what happened but hey, shit happens.

despite the fact that i/we got ripped,i wont hesitate to enter next year, i wont be prepaying though, but ill definately be there...
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Old 03-08-10, 12:23   #37
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I have had a read through the terms and conditions and the wording of the document. The way it is interpreted could work in the favour of anyone that has paid for the 2010 event and want's some form of re-imbursment.

Points of the terms and conditions to take note of:

1. 'Promotor' - The Rapid Australia Corporation P/L trading as EASTERNATS AUTO SPECTACULAR including the event known as the EASTERNATS.

2. 'Event' - The EASTERNATS staged at Calder Park Raceway on 2nd to 5th April, 2010.

3. 'The Event' - means any activity or event taking place at Calder Park Raceway including any activity which involves motor racing, drag racing, practice session, or any other Event involving motor vehicles or motorcycles or other associated activites, and includes any future Event.

4. The COMPETITOR hearby acknowledges that the Promotor reserves the right to vary the program and can at any time cancel or reschedule the Event or any part thereof. In the case of rain or any other Force Majeure event, or the cancelling or rescheduling of the Event, for whatever reason no entry fees will be refunded.

Okay, so in non-legal terms what does this mean?
Take note of point 3 and the last few words, and includes any future Event.

Any future event is defined in the Definitions as, EASTERNATS.
Whilst legally you signed to agree not to be refunded, you did sign to agree that the event could be "rescheduled".

So pretty much because there is no definition between each years event and each event is simply known as EASTERNATS and not EASTERNATS 2010, EASTERNATS 2011 etc. each event is a continuation of the previous event. Any receipted payment for the year 2010 (which was "cancelled" and now later "rescheduled" to 2011) in a legal stance, is valid under the promotors own terms and conditions.

If you took that case to court then the promotor would have no option but to honour his own conditions. So whilst you wouldn't get a refund, you would get free entry to "Easternats".

Pretty much if Jon was smart, he could have covered himself by labelling each event by the year instead of calling it just the EASTERNATS. As long as it is the same event by the same promotor then he doesn't have a leg to stand on.

P.S. The only way you would be able to push this point forward is on behalf of everyone, not on an individual basis as you wouldn't get far and pretty much ignored by the promotor.

Hope this clears the air and for anyone wanting to explore this avenue, best of luck.

Btw I do trust that Jon is a man of his word and think he has done great things for the car community and do support what he is doing with his involvement of the Easternats. Of course I do believe in people being accountable which is why I've posted this. I feel sorry for anyone that feels they have been hard done by as it all adds up to a fair bit of money for each person that is tied up.
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Old 03-08-10, 13:27   #38
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Well put and well sorted silver_vh.

Anyone who thinks im totally against Jon can think again, he has done alot for the car scene, but i just think the people deserved something back.
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Old 03-08-10, 13:29   #39
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[QUOTE=silver vh;2551157]
3. 'The Event' - means any activity or event taking place at Calder Park Raceway including any activity which involves motor racing, drag racing, practice session, or any other Event involving motor vehicles or motorcycles or other associated activites, and includes any future Event.[QUOTE]

from what i can understand:
the condtion is only for the event at CALDER PARK RACEWAY, next year`s event is at winton, so it wont hold up in court for a free entry as it is only specified for calder park raceway. so thats how he has put it to make it clear that this years eastenats terms and conditions only apply to the event held at calder park. if it was held at calder park next year, than yeah i would say ur right and possibly we would have got a free entry.

good theory, but i dont think its gona work in the legal sense. i`m sure if there was some way of taking this matter to court, someone would have done it by now to get their refund. unfortunatly i think we just have to cut our losses and move on and look forward to next years event.
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Old 03-08-10, 13:53   #40
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tab: Not entirely accurate, it comes down to the wording.

It states "any future event" which doesn't specify, time, place, date. "Event" is highlighted as being 'EASTERNATS' and the first point, 'Promotor' - The Rapid Australia Corporation P/L trading as EASTERNATS AUTO SPECTACULAR including the event known as the EASTERNATS, highlights the event is known as the EASTERNATS, not "EASTERNATS - Calder Park Raceway" or "EASTERNATS - Sandown" etc. etc.

When you disect the document for the points and the way it is legally written, you could rip it to shreds and take him to the cleaners.

Truth is, I don't think anyone is going to act on it anyway, I only posted a legal stance to show that if push came to shove, the entrants are entitled to something.
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