Swimming Lessons 'put on hold' am I entitled to a refund?

summer_solstice

Hi Everyone - I'm new here, so hope it's okay to dive straight in with a question!

I signed up to a block of 10 swimming lessons for both my son and my daugher. I paid £155. 7 weeks into the course I got a text message from the swim school:

"Swimming Lessons postpone. Sincere apologies. Due to unscheduled maintenance we have had to put your lessons on hold until August Your remaining lessons will now resume on Sat 30 Aug. Sorry again *swimschoolname*"

I booked my children into alternative lessons as I didn't want to wait until August for them to swim again. New set of lessons run up until the end of June.

I asked on the original swim school facebook page for a refund for remaining lessons. They told me to contact the office to discuss options. I sent an email. To which they replied that the pool would actually now reopen in June. I replied to say that I wanted a refund.

They attempted to call me back but I missed the call - I then got an email asking me to ring them. I rang a number of times, each time either getting an engaged tone or answer message. I left my name and number but they didn't ring back.

I emailed to follow up that no one had been back in contact and asked again for a refund. I was told that the lessons would start again on 14th June. I replied that those dates wouldn't suit me now, as thinking the pool was closed until August I organised new lessons which now clash with their replacement lessons.

They've told me it's in their terms and conditions that they don't do refunds - they've offered me replacement lessons (which don't suit) and they're sorry I've chosen to leave.

I'm not geting the service I've paid for - do I have any leg to stand on here in terms of rights? Is it legal for them to declare in their terms & conditions that they will not give a refund in case of pool closure?


Thanks in advance
summer_solstice

summer_solstice

Additional info:

I've just checked the ts&cs and the contract states....

LATE APPLICATIONS / REFUNDS
An additional fee may be charged for late application
and students joining the course late.
No refunds are given for non-attendance due to any
reason including pool closure.

paddyrg

I'd question if those terms were enforceable - they didn't (and said they wouldn't) provide the lessons, I'm pretty sure that's a big enough change in terms that a small claims action would find for you.

pinkshoes

They informed you the pool and lessons would be unavailable until August, so you booked elsewhere.

They need to give you a refund.

photome

summer_solstice wrote: »

Additional info:

I've just checked the ts&cs and the contract states....

LATE APPLICATIONS / REFUNDS
An additional fee may be charged for late application
and students joining the course late.
No refunds are given for non-attendance due to any
reason including pool closure.

That looks like an unfair condition, guess it depends how much of a fight you want

summer_solstice

Thank you all for the replies. I'm finding it hard to see if I'm allowing the fact that I'm upset and cross with the way the swim school have handled this all to cloud my judgement!

It'll cost me almost as much as they owe me in small claims fees to take action against him, if I win small claims are the swim school obliged to refund the fees involved in the claim or do I lose that?

I'm actually still tempted to chase him for the refund even if I do still lose most of my money - it's the principle of how unfair it is, and anger at how rude he's been throughout! (see I told you I was letting emotion cloud my judgement!)

Thanks again for taking the time to read and reply!

Money_maker

There is a lot of 'power' in social media such as facebook and twitter. Try using that first.

arcon5

Yes court fees should be awarded, so long as you've acted reasonably and followed protocol. Ie followed their complaints procedure and sent a letter before action.
Although not necessarily mandatory. Particularly the first bit. But it's not worth risking a judge thinking court was preventable, thus fees avoidable and splitting costs. Although never heard of a case where a judge has done this