Cancellation Fee for Course
Discussion
Apologies if this is the wrong area, and I accept any responses are thoughts and opinions rather than legal advice.
My girlfriend signed up for a Yoga Teachers course at the start of the year. Although a member at the studio, she enquired about the course, applied for it and was given confirmation all via email, rather than in the studio. She paid the non refundable deposit of circa £395 and two subsequent instalments of £400. The total course cost is around £3000. She attended the first weekend and was given a training manual, and then Corona Virus hit. The studio suggested switching to an online only course but this was rejected by the students. The studio sent out nothing about postponing payments etc, so I told her to cancel the payments until clarification was given. All payments were BACs and none on credit card.
Several months later, she has had to return to Spain (her home country) due to an effective nervous breakdown. The course still has not been rearranged and there has been little communication from the organisers. She accepts that the deposit is non refundable, and that an element of fees paid should go to the organisers. No dates have been fixed for the course to recommence at this point. She remained a monthly member of the studio during the CV19 period to keep supporting them.
When approached and asked about the possibility of cancellation and a partial refund, a very cold and strong 'no' came back. They explained that they had allowed one girl to drop out due to an injury (before I mentioned the health issues of GF) and that was the only circumstance they might consider. Their T&C's are very wooly, consisting of around 6 paragraphs. She is not at all unsympathetic towards their situation, however, feels a little disappointed in their response and it's compounding the ongoing issues she has at the moment.
My questions to the PH massive are; Are there any grounds for a partial refund in these circumstances? Do distance selling regulations apply as the application and confirmation of the course was all done online? Have they set a precedent by allowing another course member to cancel through illness (I suspect each case on it's merits might apply) And finally, any thoughts or recommendations. I think a 20-50% refund of fees paid might be appropriate, but I'm biased.
Odd post I know, I'm generally hanging around the Lounge and Readers Cars but I know there's usually a wealth of knowledge in here and am happy to be told I'm pissing in the wind on this one if appropriate.
My girlfriend signed up for a Yoga Teachers course at the start of the year. Although a member at the studio, she enquired about the course, applied for it and was given confirmation all via email, rather than in the studio. She paid the non refundable deposit of circa £395 and two subsequent instalments of £400. The total course cost is around £3000. She attended the first weekend and was given a training manual, and then Corona Virus hit. The studio suggested switching to an online only course but this was rejected by the students. The studio sent out nothing about postponing payments etc, so I told her to cancel the payments until clarification was given. All payments were BACs and none on credit card.
Several months later, she has had to return to Spain (her home country) due to an effective nervous breakdown. The course still has not been rearranged and there has been little communication from the organisers. She accepts that the deposit is non refundable, and that an element of fees paid should go to the organisers. No dates have been fixed for the course to recommence at this point. She remained a monthly member of the studio during the CV19 period to keep supporting them.
When approached and asked about the possibility of cancellation and a partial refund, a very cold and strong 'no' came back. They explained that they had allowed one girl to drop out due to an injury (before I mentioned the health issues of GF) and that was the only circumstance they might consider. Their T&C's are very wooly, consisting of around 6 paragraphs. She is not at all unsympathetic towards their situation, however, feels a little disappointed in their response and it's compounding the ongoing issues she has at the moment.
My questions to the PH massive are; Are there any grounds for a partial refund in these circumstances? Do distance selling regulations apply as the application and confirmation of the course was all done online? Have they set a precedent by allowing another course member to cancel through illness (I suspect each case on it's merits might apply) And finally, any thoughts or recommendations. I think a 20-50% refund of fees paid might be appropriate, but I'm biased.
Odd post I know, I'm generally hanging around the Lounge and Readers Cars but I know there's usually a wealth of knowledge in here and am happy to be told I'm pissing in the wind on this one if appropriate.
Scrump said:
What was supposed to be provided for the £3000? (E.g. how many weekends, what other course material, exam or accreditation?)
Some kind of accreditation at the end of the course (not chartered or anything of that type). They provided a 'bespoke' training manual with a recommended requirement to purchase further training resources. In all I think it was due to be just over 12 months training with 2 weekends a month.Looking through the T&C's it states; ‘If An event is moved from it’s advertised venue and/or the date is changed, your payment will remain valid if you wish to attend the rescheduled event. If not, we will issue a full refund.’ This is in the 'If the organiser has to cancel' paragraph.
I have a little background in criminal law and lettings legislation, but contractual law is something I've always managed to avoid!
Hmmmm, possibly a bit late now that you’ve already told the training company your gf can’t complete the course as she is choosing to go back to her home country.
Therefore, I suspect the training do will say “the course will run at some point in the future, dates that therefore they’re meeting their obligations, but your gf is choosing not to attend”.
Good luck with your battle with them, which I suspect you’ll be in for.
Therefore, I suspect the training do will say “the course will run at some point in the future, dates that therefore they’re meeting their obligations, but your gf is choosing not to attend”.
Good luck with your battle with them, which I suspect you’ll be in for.
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