Complaints

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• Initial Complaint

  Date:10/26/2022

  Type:Service or Repair Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On 1/7/22 we sent a check for $7000 for a deposit on an antelope **** in *******. We were not successful in drawing a license to **** in ******* thus our **** could not happen. On their website it is clearly stated **** deposits are due at the time of booking your ****. If you are unsuccessful in license drawing or in the event of serious illness, injury or death, deposits will be promptly refunded. *********************** is refusing to refund our deposit. He says we changed our minds and have overextended ourselves and it is not his fault we did not draw tags. He said we should have paid for preference points & we would have gotten licenses. This was the 2nd year we tried to draw antelope tags in *******. He admitted to my husband that he has already used the money and that he will roll it over for future use.

  Business Response

  Date: 11/23/2022

  I received deposits for the hunts booked, after receiving the deposits I give instructions to buy preference points to help ensure they would get their licenses. They chose to forgo the instruction to buy preference points and were unsuccessful in the draw. Normal procedure is to roll the deposit over until the next year. ****************** called me and asked about the deposit refund. I told him that we roll them to the next year, and he informed me the 2023 (the next year) would not work for them. I asked about rolling it to ****, and we agreed that I would refund 50% of the deposit. Deposits are in place so that a commitment is made, they are non-refundable. Had I known they weren't going to purchase preference points I could have put other customers in those spots. My conversation with ******************- we both agreed I would refund half and they would leave half to retain the commitment. There was no time frame set on this agreement. In October I refunded the 50% of the deposit. ******************* called me and told me that she didn't like the agreement that ****************** made with me and wanted all of the deposit back and found a paragraph from an old website that inclined we would refund all of the deposit. That website has not been active for years and pertained to a time when preference points were not required to draw. It has been within the last three years that preference points are required to draw tags, before then everyone always **** a tag. ****************** and I agreed that a deposit is made to show commitment from the hunter's side of the business deal, I have not done anything wrong for my business to have to return a deposit. ****************** agreed with that, and I graciously returned half of the deposit in good faith. ******************* is demanding to get the entire refund, but ****************** has not signed any complaint. He realizes that, from a business perspective, a deposit means a commitment. The outfitters responsibility is to be sure to have the hunting, the lodging and the guides to properly provide what I offer. I have all that and reserve hunting spots based off of how many hunters leave deposits and commit to come ****. I am careful not to over book and I take care of that side and the deposits are a commitment to let me know they are coming. I realize my website needs update since the process has changed but ****************** and I had a verbal agreement, and they have a refund check that they are holding on to. I have a receipt from the mail service that said a registered letter was signed for and picked up. Again, ****************** is the one that has reserved the hunting spots and made the deposits and has not made or signed a complaint. I feel that I have kept my end of the hunting agreement and we wouldn't be talking about refunds if the preference points had been purchased like I suggested. The license process is something that the hunter has to do, the outfitter can't and that is when the preference points have been purchased also. All my clients in 2022 that purchased preference points successfully **** a license. I have lost income when customers don't come up when they commit to come, that spot could have been filled by someone else who followed the licensing procedure. 

  ********************;

  Customer Answer

  Date: 11/25/2022

   
  Complaint: 18253360
  
  I am rejecting this response because: The first year we applied for tags we purchased preference points and did not draw tags. The second year we did not purchase preference points & were not told to do so. We were told to use Big SKys outfitter number when we applied, but were still unsuccessful We never received anything in writing nor a check from Bud until I threatened legal action. The only information we had about his business was his website.  I personally know a hunter who hunted this year with *** who did not have any preference points and he **** tags. I also know others who purchased points and still did not draw. This is a lie.

  I want Big Sky to refund our deposit completely, just as it is stated on his website. If his website is not up to date and he does not provide paperwork to clients when they submit there deposit, it is not my problem.

  We have sought out legal counsel in ******* and will be pursuing a full refund through our lawyer. We do have a check in hand from Bud for $3500 which we have not cashed until we get more information from our lawyer. When *** sent this check he also sent contracts for hunting in **** (we never had contracts before this time) and we are not signing those contracts.

  I appreciate the help from the BBB in helping us resolve this issue

  
  Sincerely,
  
  *************************