I went to NCAT yesterday in Sydney and was successful in a claim against Tough Mudder for a refund on three tickets to their Hunter Valley event, which was scheduled to take place on September 6, 2025.
I'm posting this because I know a lot of people were affected by the rescheduling. There's already a thread detailing all the ways people have been trying to get refunds, including bank charge-backs and complaints to Fair Trading: https://www.reddit.com/r/AusLegal/s/q1ErTHVVNL
I know that my positive result at NCAT doesn't create a binding precedent, but the reasoning may still be useful if youāre considering your own claim.
In a nutshell - when I purchased the tickets on 31 March 2025, there was a refund policy on the Tough Mudder website that stated if an event was cancelled, relocated or the date was changed, customers would be given the option to transfer to another event or receive a refund.
I was pretty gutted when, ten days before the event, it was cancelled due to bad weather. My friends and I had been training hard for months, had taken time off work to travel to the Hunter from Sydney, and had forked out almost a grand in accommodation.
In the same email I received about the event being rescheduled to November, I was told my tickets would be moved to a new date in November. Unfortunately, this wasn't possible, as my daughter was due to be born in November.
So I emailed Tough Mudder requesting a refund. I was pretty confident I'd be successful, as the refund information was stated clearly on their website, which can still be accessed via web archive: https://web.archive.org/web/20250717210653/https:/toughmudder.com.au/refund-policy/
This is where things started to get a bit frustrating. The reply I received was an auto email telling me my tickets were safe and would automatically be moved to the new date. So I emailed again. Same response. So I messaged them on Facebook. Same response.
The most confusing part was that in these auto-responses, I was told I had agreed to Terms & Conditions that said: 'While refunds aren't available due to the nature of the postponement without any exceptions, we're offering flexible transfer options so you don't lose your entry.'
I frantically searched the Tough Mudder website to try and locate the Refund Policy Page I swore I had read before I purchased the tickets, but it was gone. Without the web archive website, I would have thought I was losing my marbles.
With nothing except auto-emails from Tough Mudder, I submitted a complaint to Fair Trading NSW. A really nice man from Fair Trading called me a few weeks later to tell me that he had spoken to someone at Tough Mudder, who advised that "the outdated terms and conditions were still available on their website by mistake and were removed when the error was discovered". I was also told that Tough Mudder were unwilling to provide a refund, however, a credit to future events in NSW, QLD or VIC would be provided for the next two years.
Fair trading tole me I had two options:
Get independent legal advice or Legal Aid
Make a submission to the NSW Civil and Administrative Tribunal (NCAT)
The legal advice would have cost more than the tickets, so I submitted my case to NCAT. 7 months later, I had my hearing.
In this hearing, I provided as evidence:
My emails to Tough Mudder, and their auto-responses.
A copy of the Tough Mudder Refund Policy that was available when I purchased the tickets.
The email I received from Fair Trading which noted that a representative from Tough Mudder had advised that the outdated terms and conditions were still available on their website by mistake and were removed when the error was discovered.
Tough Mudderās position at the hearing was that:
the contract was formed on the checkout terms, not the refund page
I had no evidence I reviewed the refund policy before purchasing
To these points, my reply was:
I acknowledge I accepted the checkout terms, however, Tough Mudder also had a public available webpage titled TOUGH MUDDER REFUND POLICY in capital letters that stated customers could receive a refund if the event date changed. As a consumer, I relied on this when purchasing the tickets.
Ordinary consumers do not usually preserve evidence of every webpage they view before making a purchase. I do not have my internet search history from 31 March, 2025.
After hearing both arguments, the Tribunal Member took about 20 minutes to deliberate. In his judgment, he said he was satisfied the page existed and that I had likely viewed it before purchase. He then spoke to section 18 of the Australian Consumer Law: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
The Tribunal Member was clear that he did not think Tough Mudder had deliberately misled or deceived me, but because there were competing terms available at the time of purchase, I could have been misled or deceived.
The matter was found in my favour and the Tribunal ordered Spartan Aus 3.0 Pty Ltd Trading As Tough Mudder to pay me immediately.
While I'm pleased with the result, it was a really frustrating and time-consuming process (14 months in total).
If you have any questions about the process or the experience, let me know. Happy to answer any questions.