Xperitas Reviews (%countItem)
Xperitas Rating
Address: 129 N 2nd St STE 102, Minneapolis, Minnesota, United States, 55401-1409
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Intercultural Student Experiences, doing business as Xperitas, arranges trips to foreign countries for students. Last June, I signed my daughter up through her French teacher at school for a trip to France in mid-June 2020. The total cost of the trip is approximately $4,000. Under the contract, a participant can cancel the trip for a partial refund less $500 administrative fee up to 30 days before the departure; If any time there is a Level 4 Travel Advisory (Don't travel) by the State Department, a participant can cancel the trip within 2 weeks of the Advisory for a full refund less $500 administrative fee. On Mar. 13, 2020, with a Level 3 (Cautious travel) Travel Advisory effective due to the COVID-19, Xperitas cancelled all trips up to Aug. 31, 2020. In its cancellation letter, it informs that Xperitas will refund the payment less $500 administrative fee and the air fare if the ticket is issued.
This is an cancellation initiated by Xperitas 3-5 months before the summer trips. The options of the voluntary cancellation discussed above are no longer available to the participants after this involuntary early cancellation. We are ok with its cancellation due to the COVID-19 pandemic, however, we shouldn't be charged a $500 administrative fee for an involuntary cancellation. We have received full refund from other businesses and organizations for cancellation of activities that we have paid for. However, Xperitas, refuses to issue full refund for the reason that "it would not be viable for our organization to assume 100% of the risk for world events". As participants, we also suffered our own losses and will have to bear it ourselves, and everyone suffered losses under this situation. However, Xperitas, in the claim of multi-million losses (its total annual expense is only 5 million), wants to charge $500, which is 1/8 of the total trip costs, to the participants with an early cancellation initiated by itself. This is totally unacceptable.
I received notice today of complaint No. 14229461 filed with your office and I have reviewed the complaint.
On March 13th, our organization made the decision to cancel all March – August, 2020 language and cultural immersion programs abroad in response to the U.S. State Department Level 3 Global Travel Advisory that was issued due to Covid-19.
Upon registering her daughter, Clare ***, for the program, Ms. electronically signed an Application Agreement (attached) in which she acknowledged that Xperitas reserves the right to cancel the program due to circumstances beyond its control and accepted the policies and conditions of Xperitas, including payment and cancellation policies as outlined in our Terms and Conditions (attached).
According to the cancellation policy included in the Terms and Conditions, any summer program cancellations made after December 1 should result in a refund of all money paid MINUS a $500 administrative fee AND any air/land expenses incurred by Xperitas. Additionally, Xperitas has a Cancellation Protection Plan that applies to all travelers if the U.S. State Department issues a Level 4 travel advisory within 90 days of departure and programs need to be cancelled. Under this policy, participants receive a full refund MINUS a $500 administrative fee.
Because of the unique situation presented by COVID-19, Xperitas made the determination to apply the Cancellation Protection Plan terms to all program participants, providing them with the largest refund we offer, even though the terms of this policy (Level 4 travel advisory 90 days prior to travel) had not been met. We explained this decision in detail in the e-mail correspondence (attached) sent out to all program participants and their parents on March 13, 2020. This broadening of our refund policy has caused great financial hardship for our nonprofit organization. Xperitas incurred costs significantly in excess of $500 per traveler, such as third-party vendor payments and administrative costs, none of which Xperitas is able to recoup.
Ms. had paid $3000 of the $4069 program when our programs were cancelled. Xperitas has refunded her daughter $2500 via check.
The global impact of COVID-19 on the leisure travel industry is truly unprecedented and Xperitas responded promptly and reasonably. Given that Ms. was aware of our cancellation policies when she enrolled her child in our program, and given that Xperitas refunded more money than she was entitled to pursuant to our policy, I believe that this matter has been resolved in a fair and appropriate manner.
I am rejecting this response because:
We don't dispute that Xperitas has the right to cancel. However, there is no agreement that the participants should be charged $500 for a cancellation initiated by Xperitas. I challenge you to argue otherwise.
In the terms and conditions you sent, I have highlighted the section relevant to the cancellation with $500 fees. It supports our position that the $500 fee doesn't apply to us.
Risk of loss is inherent with any business, and Xperitas should only expect to take such risk along with the profit it normally derives. The program participants don't get to share Xperitas' business profit, therefore it makes no sense for Xperitas to demand the participants to share its business loss. It could ask for a donation, but it has no right to take any money, not to say a significant portion, from participants' prepayments to cover its loss as a risk of doing business. Xperitas cancelled the trip, we didn't, and therefore we shouldn't be liable for the $500 fee imposed had we cancelled the trip. Even if we did, it's a common practice that the party who can't perform under a contract be excused from its obligation as a result of acts beyond its control, and the pandemic is beyond our control.
We have other organizations providing full refund or giving us options for refund, credit or donation for cancelled activities due to the pandemic. Xperitax is the only one that arbitrarily charged an exorbitant fee so it can make money out of this regardless. We would warn others about signing up with this business and call on the families to take legal action against its wrongdoing.
I am attaching the letter that Xperitas sent out to all parents, as it fully explains the reasoning behind our decision to cancel our 2020 programs several months ahead of time and the reason behind the $500 administrative fee. Because the COVID-19 situation was unprecedented and completely outside of our organization's and our customers' control, we broadened our Customer Protection Program so that all students would be covered and receive the largest refund we offer. Had Xperitas cancelled the trip due to circumstances within its control, I would understand the customer's complaint. However, this is not the case. Xperitas initiated the cancellation for any school that had not done so, once the US State Department issued its global travel advisory, because we could no longer guarantee the safety of our student travelers. We stand behind this decision that prioritized student safety above all else.