ComplaintsforSunshine's Adventures

• Initial Complaint

  07/17/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  On July 4th, 2023, seven friends and I booked a trip to tube down the river. I bought three water proof bags from Sunshine's Adventure. Four other friends and I placed our cell phones in one waterproof bag and a staff member directed me to tie it to my tube and let it float down the river. She even was the person who tied the bag shut. Halfway through the trip, a friend asked for her phone, so I proceeded to open the bag to find our phones fully submerged in a puddle of water in the bag. The bag was not water proof as advertised. Following the staff members guidance led to four phones being ruined by the river. Three people had insurance on the phone. Each had to pay over $300 dollars for a new phone. The last person did not have insurance. They had to pay over $700 to obtain a new phone. I have called this business many times and left countless voicemails with no response. We are seeking a settlement of $1,635. $300 for each phone that was covered by insurance, $700 for the phone that was not covered, and $35 for the multiple water proof bags that were purchased.

  Business response

  08/10/2023

  Apologies for the delay in response.  ************************* and his party made reservations to utilities our services to enjoy their 4th of July holiday on the river.  Their reservation was for a group of 13 guests with a reservation total of $567.82 including taxes and fees.  Payment was made for their reservation at 3:55 pm on July 2, 2023.

  Upon arrival, Jaycen and his guests, like every guest we service, were required to sign a release of liability waiver at check in prior to handling any equipment.  The release of liability waiver includes but is not limited to:  You hereby assume full responsibility for personal injury and lawsuit to yourself and (if applicable) your party members, and further release and discharge Company for injury, loss, damage, and lawful action arising out of your or your partys use of the Company and its operations and equipment, whether caused by the fault of yourself, your party, the Company, or other third-parties. You hereby assume full responsibility for any and all privately owned property or personal equipment of any kind and its use thereof and release all liability of including but not limited to;damage, theft, loss, and lawful action from the Company.
  
  The liability waiver also includes a Condition of company equipment upon return: portion which is as follows: You hereby agree to return the Company equipment to the designated return area clean and in the same condition as it was in when leased to you, excepting ordinary wear and tear. You shall be responsible for any and all damage caused to the Company equipment during the rental period. Company shall charge any repair amount to the credit card given at the time of rental to cover repairs. To the extent that damages to the Company equipment exceed the amount of a minor repair, rental shall be billed by the Company for the full amount of damages caused by the Participant during the rental period, including reasonable attorneys fees.
  

  Manufacture defects or user error could either be applied to this event as Jaycen and his party were on a 4-5 hour long self-guided river tour where they were in and surrounded by water.  There is no way to confirm either manufacturing defect or user error.  Once the bags they purchased had their payment processed, the bags became personal property which as previously stated above, had been released of responsibility making us free from issues they had experienced with their property.
  

  Upon Jaycen and his party landing at the return area, 2 PFDs, 2 of our custom stitched tube liners, and 2 custom stitched linking straps were not returned. In addition, one tube had been returned damaged.  A member of ******* party had shown a member of our staff the bag of phones that had somehow taken on water.  The guest was understanding and said, were not worried about the phones if we could just get our money back from the bags we bought.  Our staff member pulled out cash from his own wallet to refund them on the spot, which he was reimbursed for.    

  During the shuttle ride back to Jaycen and his partys vehicles, our staff noticed intoxication within the group and upon arrival, one guest was unresponsive to instructions not to open the rear doors to our shuttle vehicle.  Disregarding instructions,he opened the rear doors to look for a shirt that couldnt have been there and slammed the door, breaking the opening mechanism and jamming the door shut.  While repeatedly asking to be reimbursed for their damaged phones.  Our staff reminded them of the release of liability waiver they signed at check in,and we were not responsible for their personal property.

  
  As an act of sympathy for their plight, our staff decided not to pursue damages for our equipment as we knew they would need to replace the phones damaged on their adventure. However, with the complaint they have submitted, weve decided to pursue funding for damages their group caused for our company property, including:
  One Inner Tube Replacement                                      $ 50
  Two Inner Tube Liners                                                  $100
  Two Linking Straps                                                        $ 10
  Two PFDs                                                                      $100
  Parts/Labor for Repairs to Van **********                             $500
  Total                                                                                $760
  
  The refund for the bags that were purchased has already been completed on site and their request for the remaining $1,600 is denied.  We are happy to provide further information upon request.  Thank you for your time and have a wonderful day.

  Customer response

  08/11/2023

   
  Better Business Bureau:
  
  Although some details were incorrect and painted a very different picture of what actually happened, I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  *************************

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