Cancellation of sports events such as marathons and triathlons is very upsetting to participants as they have been planning and practicing for the event and also, risk the loss of registration fees and other related costs.
The big question on everyone’s mind is, what happens when a marathon or triathlon such as IRONMAN is canceled.
Can I get back my race event registration fees? The chances of recovering all the race registration fees are low. The best option is accepting a postponed entry in an upcoming event. If you do not have that option, minimize losses by accepting the partial refund offered by the race event organizer.
The next thing that will pop into your mind is most likely, that is unfair, what can I do with corporate organizers such as World Triathlon Corporation (Organizer of the IRONMAN triathlon) who canceled my race?.
Can I sue the race organizer? Individually suing the race organizer for canceling the race is not worth your money or time. However, Joining a class action lawsuit is your best and most economic option.
How can I avoid losing money due to race cancellation by organizers in the future? To avoid the risks of race cancellation, buy race cancelation insurance which costs on average $50 – $165, depending on the race fees and category. You will have to claim it separately, but you would recover most of your costs.
Depending on your insurance plan, you will most probably end up with:
- Full refund, might be subject to some admin charges.
- Redund of entry fee, less 15% excess. Example; nirvanaeurope insruance terms and conditions.
- Receive a 75% credit (% depends on plan) to future races of your choosing. Example, Platinum Racing refund insurance option for purchase to cover events cancelled due to Covid-19.
Please keep in mind that most insurers require the event to be at least 15 days from the date of purchase.
For local events with the majority of local participants, you may opt for legal action in small claims court as the governing rules are the local rules which most participants are aware of and share the same risks.
You can read more about the small claims courts processes if you have a similar issue but with local organizers and smaller fees in Small Claims Court in the USA: Facts You Need To Know Before Filing.
You might also consider checking other informative posts for disputes with big corporations such as Upwork at Upwork Resentment and disputes between you and Upwork. How to win a dispute against Upwork.
Sports events basic terms and conditions
If you register for any events such as the IRONMAN race you will have unique terms and conditions that you will have to agree to in order to successfully register for the race. These terms and conditions might vary slightly across different regions, but will most likely consist of the following waivers in favor of the race organizer:
- The race orgainizer has the right to delay, cancel or modify the event – At their will.
- The race orgainizer has the right to delay, cancel or modify the event due to safety concerns.
- The race orgainizer has the right to delay, cancel or modify the event due to acts of god or public disasters.
Long story short, The organizer has the right to delay or cancel the race without any refund.
Is suing the marathon or triathalon race organizer an option?
Suing the race organization, such as World Triathlon Corporation, by yourself is not an option. It is expensive and time-consuming to individually sue a race organizer corporation by yourself.
The costs and fees outweigh the benefits, and most lawyers will not accept the case as its value is probably less than the cost threshold they can accept.
However, you can join in class action lawsuits. More about class action lawsuits below.
My race is cancelled ? what shall i do next?
Depending on your situation, the following scenarios apply:
The marathon or triathalon event is potponed
It is not recommended to initiate a dispute or legal action in this case. While accepting the postponement of your entry, express your concerns and voice all your complaints in writing.
You might be able to extract some more concessions out of the organizers. Usually, first responders are able to extract more from the organizers than those who settle later.
If you can not accept the proposed date, request changing your entry to any similar race. Unfortunately, the terms and conditions of the race give the organizers the right of postponing the race as stated above.
Therefore, your best option is to negotiate any kind of race entry to avoid losing all your money.
I do not have a race cancellation insurance and my race got cancelled
Request and initiate complaints against the race organizers to obtain whatever concessions possible. You will get the most if you voice your complaint as early as possible.
The more the settlement process takes time, the fewer chances you can recover any losses amicably.
I have cancellation insurance, How can I claim my money back?
You will have to contact your insurance agency and fill the necessary forms along with evidence of cancellation, such as E-mails to obtain a payout.
Depending on your insurance plan, you will most probably end up with:
- Full refund, might be subject to some admin charges.
- Redund of entry fee, less 15% excess. Example; nirvanaeurope insruance terms and conditions.
- Receive a 75% credit (% depends on plan) to future races of your choosing. Example, Platinum Racing refund insurance option for purchase to cover events cancelled due to Covid-19.
Class action lawsuit against marathon and race organizers (like IRONMAN)
What is a Class Action lawsuit?
A class action lawsuit is a legal procedure that allows one or more plaintiffs to file a “combined” lawsuit on behalf of a large group of people.
By doing that, the economic barrier and cost preventing a single member of the group who was affected by the actions of the defendant are removed.
In the case of marathon and triathlon race cancellations by the organizer, many of those affected can join in a class-action lawsuit to recover some of the losses they suffered, or at least, force the organization to change the future race policies.
Is the Class action lawsuit worth my time?
Joining a class action lawsuit is worth one’s time as you will not be doing any legal work or follow up by yourself.
You will register your name and information which be subsequently added to the list along with the others making part of the lawsuit.
If the class action lawsuit is won, you will receive the money, less the attorney fees, divided upon all the participants in the list, bearing in mind that lead plaintiffs receive the most money.
How much money will I get from the Class action law suit?
On average, a handful of dollars. Do not expect to recover all your losses or huge sums of money if you win the class action lawsuit against the marathon or triathlon race organizers.
However, you will be able to punish the companies (in case you win the case) and pursue them to change their course.
In the case of the IRONMAN class action lawsuit, it seems that the case is lost in terms of money, but, it has been made very clear to the IRONMAN cooperation that they will have to change their behavior in the future in order to retain participants.
How much will a class action law suit cost me?
In usual situations, the class action lawsuit will not cost you anything. The lawyer firm initiating and filing the class action lawsuit will be paid by getting a bulk share of the money received in case a settlement is reached.
A class-action lawsuit will usually cost you nothing. The lawyer who is filing the class action lawsuit will get his share of the final settlement. They just put your name on the list amongst others and the money is divided up accordingly.
Expenses in class action lawsuit are usually very low and hence you can easily afford a very competent law firm.
In cases where the event is limited and on a local level, a lawsuit can be initiated in the small courts. More about the Courts systems in USA’s Virtual Courts: Here’s What You Need to Know and in case you are in the European Union and think you have a dispute with an organization, consider raising it as explained in the EU ODR Platform: The Ultimate Guide for Successful Dispute Resolutions.
The silver linning
Due to the strict terms and conditions, it is hard to win a lawsuit against marathon organizers and Triathalon cooperations such as IRONMAN. On a personal level, your best option is to negotiate to postpone your race entry or accepting a partial refund.
Also, in times of uncertainty on travel rules and restrictions, opt for race cancelation insurance. It might cost you up to $50 – $150 more, but you will be able to recover a big portion of your fees.
Please keep in mind that other costs such as plane tickets or hotels might not be covered, therefore, make sure to include them in the insurance policy.
If you can, try adding as much contingency as possible, such as booking in free cancellation hotels or arranging other kinds of insurance.
On a “Class” level, a class action lawsuit will most likely be lost due to the strict terms and conditions but will definitely make an impact on the race organizers.