Is this covered by distance selling regulations?

Dinah93

We booked two places on an evening class with my local council (£45 each), we booked with less than 10 minutes to go until the first class, so intended to start with the second class. However the next morning I received a call to tell me my ante-natal class would be on a Thursday evening, the same evening as the evening class we'd booked. I contacted the council and asked to cancel both places, which was on the third working day after I booked (if you count the day of booking considering I booked at 6.20pm). They told me they do not do refunds. Given I found the course online, and booked online, requested to cancel within 7 working days in writing, and had made no use of the course, nor deprived someone else of their place as there are still 12 places available on it, do you think we could be entitled to a refund under distance selling regulations? I understand it's not their fault I want to cancel, however these regulations state it can be for any reason and it should be a full and unconditional refund and I don't feel like me cancelling would cause any harm or inconvenience to anyone else.

Their Ts & Cs say a refund is at the manager's discression which is of no use to me as they've already said they don't consider us eligible for a refund.

Thanks for reading

wealdroam

I believe that you cannot cancel a service once the provider has started to provide the service.

It appears that they started to provide the service ten minutes after you booked.

Paragraph 3.23 of the OFT's Guide to the Distance Selling Regulations discusses this.

Dinah93

I read that thank you, however it does also say that you still have a right to cancel within 7 days even if a service has commenced unless their Ts and Cs state that you waive your rights once a service has commenced - as is the case with cancelling a broadband or mobile phone contract. I didn't waive my rights as their Ts and Cs are very very woolly!

wealdroam

Dinah93 wrote: »

I read that thank you, however it does also say that you still have a right to cancel within 7 days even if a service has commenced unless their Ts and Cs state that you waive your rights once a service has commenced - as is the case with cancelling a broadband or mobile phone contract. I didn't waive my rights as their Ts and Cs are very very woolly!

Then you have your answer.

Write them a letter asking for your money back.

Are their T&Cs available online anywhere?

What that document actually says is...

Different rules apply to services where the consumer agrees that the service starts before the usual cancellation period expires. These rules are as follows.

• Where you have supplied the required durable information before the service starts and the consumer agrees to the service starting before the end of the usual cancellation period, their cancellation rights will end when performance of the service starts

You probably agreed to the start date when signing up.
It's the 'required durable information' which will decide when your cancellation rights end.
Can you post that please?

Dinah93

What is durable information please?

These are the Terms and Conditions given.

Thank you for your help.

wealdroam

Dinah93 wrote: »

What is durable information please?

These are the Terms and Conditions given.

Thank you for your help.

On page 14 of the OFT guide I linked to earlier it says...

In all cases you must also give your consumers the following information in a durable medium:

• when and how to exercise their rights under the DSRs to cancel including:
  for services – the consequence of agreeing to a service starting before the end of the usual seven working day cancellation period. See paragraph 3.22 under ‘Cancellation rights’

Without going through the booking process, I have no way of actually knowing what you agreed to.
I imagine somewhere in the process you would've agreed to the start date of the course. If so, then you have effectively agreed that your cancellation rights end at the time the course started.
In other words, you agreed that they could start supplying the service ten minutes after you booked (because you told us the course started ten minutes after you booked), so that is when your cancellation rights ended.

Now, having said that, that all depends on them having given you the information mentioned in my quote above.
Have a look closly at an email they sent you at the time of booking... a confirmation email perhaps.

P.s. you will also find a definition of durable medium in that OFT guide.

Flyboy152

Dinah93 wrote: »

What is durable information please?

These are the Terms and Conditions given.

Thank you for your help.

Terms and conditions posted on a website are not considered to be a durable medium.

unholyangel

Durable basically means something that cannot be edited after you have agreed to it and that can be reproduced at a later date. Such as email, fax, letter. However, important to note that a email containing a link to a website displaying T&C's is not durable.

arcon5

Seems op may have found the technicality to get out on

Dinah93

I've had a look at the confirmation email and there are certainly no terms and conditions on it, just the usual disclaimer that the email is for the recipient only and does not necessarily express the views of the council.

All it says is

The course(s) you have enrolled on are:

Enrolment Reference:

---

Within the next 24 hours you'll receive an email confirming your enrolment with additional details about your course including day, time, venue and where applicable, course information.

If you have paid the reduced fee or contribution fee, please present proof of concession (such as a letter confirming your eligibility) to the ---- office within 7 days.

If you have any enquiries, contact us on

---

The email the next day says the same but has a day and time for the course.

Flyboy152

Dinah93 wrote: »

I've had a look at the confirmation email and there are certainly no terms and conditions on it, just the usual disclaimer that the email is for the recipient only and does not necessarily express the views of the council.

All it says is

The course(s) you have enrolled on are:

Enrolment Reference:

---

Within the next 24 hours you'll receive an email confirming your enrolment with additional details about your course including day, time, venue and where applicable, course information.

If you have paid the reduced fee or contribution fee, please present proof of concession (such as a letter confirming your eligibility) to the ---- office within 7 days.

If you have any enquiries, contact us on

---

The email the next day says the same but has a day and time for the course.

What date does it give and when was the first session for you to start?