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B.C. lawyer wins $37 after suing over 害羞草研究所榙isappointing害羞草研究所 children害羞草研究所檚 laser tag birthday party

Extra pizza costs, adult play rates and the ordering 害羞草研究所 or lack thereof 害羞草研究所 of loot bags part of decision
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Laser tag (Pixabay photo)

A children害羞草研究所檚 laser tag party that didn害羞草研究所檛 meet a B.C. lawyer害羞草研究所檚 expectations landed in small claims court earlier this month 害羞草研究所 with the self-represented attorney suing over what she called a disappointing celebration.

Civil Resolution Tribunal documents show that Sarah Pivnick attempted to claim $350 in costs, alleging breach of contract against Planet Lazer Entertainment, which owns arcades in Richmond, Langley, Kelowna and elsewhere.

According to the Jan. 5 decision, Pivnick went online in May 2022 to book a child害羞草研究所檚 party for June 5. It害羞草研究所檚 agreed upon that she booked the 害羞草研究所淯ltimate Birthday Experience,害羞草研究所 for $248, which included two laser tag games for eight guests, as well as pizza, beverages, a decorated party room and an ice cream cake.

Shortly after making the reservation, a Planet Lazer employee phoned Pivnick to confirm the details. Tribunal member Eric Regehr determined that in this call, Pivnick ordered extra pizza and paid a $100 deposit.

On the day of the party, Pivnick upgraded parts of her original package, including that 13 people 害羞草研究所 10 children and 3 adults 害羞草研究所 would be playing laser tag, as well as ordering an additional pizza and increasing the size of the two included in her original booking. This brought her costs to $465.50.

At the core of Pivnick害羞草研究所檚 claims lay four issues: the cost of the adult players, an outside food charge, non-functioning vests and a dispute over the ordering 害羞草研究所 or not 害羞草研究所 of loot bags.

In the end, Regehr only accepted the discrepancy in cost for the three adults to join the children in the tag arena.

While the adults only decided to play laser tag when they arrived that day, Pivnick argues that they should have been charged $20 for their two games 害羞草研究所 as per the normal game rates 害羞草研究所 versus the $32.50 birthday price that Planet Lazer charged.

Regehr agreed that adults were unlikely to receive any of the other benefits beyond the games, such as pizza and cake, and that the company was only entitled to charge for the laser tag portion.

Pivnick also argued to the tribunal that two of the vests did not work and said there should have been a discount 害羞草研究所 to the tune of $40. Planet Lazer said there was no record of the malfunctions. For this, Regehr disagreed, primarily due to lack of evidence.

Because she brought a vegetable platter for inside the party room, Planet Lazer charged Pivnick a 害羞草研究所渇ood surcharge fee害羞草研究所 at $25. Planet Lazer said there is a pop-up window that informs guests of this fee for outside food upon booking online.

Pivnick argued that she had attended a party at an adjacent trampoline park, also owned by Planet Lazer, where her friend was able to bring in outside food for no such charge. She also argued that the company doesn害羞草研究所檛 offer vegetable platters, so it shouldn害羞草研究所檛 be considered outside food.

Regehr disagreed, noting that the Planet Lazer took considerable steps to let a visitor know about this part of the contract.

Both Pivnick and representatives of Planet Lazer disputed whether or not Pivnick requested loot bags for $7.50 each. Pivnick, who claims she did order them, entered into Planet Lazer on the party day to find that no loot bags were prepared. Her sister went out to a nearby store and created loot bags, totalling $74.55.

In their decision, Regehr noted that regardless of whether loot bags were ordered, the cost ended up being nearly the same, meaning that Pivnick suffered no monetary loss and the inconvenience did not go beyond mere frustration or disappointment, thus not justifying compensation.

Pivnick made additional arguments, which were all rejected by Regehr, including that Planet Lazer overcharged by $8 to $13 for the additional pizza compared to her evaluation of 害羞草研究所減revailing market rates.害羞草研究所 She also argued that there was a lack of decorations, but provided no photos or other evidence about the state of the party room. She said the check-in process was chaotic and the staff were unhelpful, adding she had 害羞草研究所渁n unpleasant argument about the principles of contract law害羞草研究所 with the manager.

Regehr ordered that Planet Lazer pay Pivnick $37.86 to reimburse for the adults害羞草研究所 play rates.



ashley.wadhwani@blackpress.ca

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About the Author: Ashley Wadhwani-Smith

I began my journalistic journey at Black Press Media as a community reporter in my hometown of Maple Ridge, B.C.
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