Swimming Lessons - Sales of a Service?

IPWright

I'm not 100% sure which rules are applicable to private swimming lessons - is this a service that we're being sold? Most of the "Sales of Service" rules, which I appreciate have just been replaced don't read as being applicable.

Essentially, we've been using a Swim school for a few years. Recently the school has moved into a new pool and things have gone downhill:

• Frequently cancelled lessons
• Failure to communicate cancellations
• When communication does happen, failures to do so in an appropriate way or timely manner

We'll frequently arrive for a lesson and be told "Didn't you read our Facebook update? Lessons have been rescheduled for today", or right before a session is due to start (mid-way through the previous class) they'll decide to close the pool and cancel all sessions for the day because it's too cold. We're also not given refunds for missed lessons, but asked to make these up on different days, often at an inconvenience to ourselves.

We've paid upfront via a standing order, we're right at the start of a term which we've only just started, and now we wish to leave and receive a refund for remaining + missed lessons. I've never seen any cancellation agreement and the latest letter to sign and agree to their T&C's makes no mention of cancellation.

Can anyone provide any tips on what rules are applicable, would they be considered to be in breach of an expected contract etc? And tips for reacquiring money?

bris

They will be in breach if the service has dropped below an acceptable standard. You should write to them, keeping a paper trail, outlining your concerns and ask them to bring the service back to an acceptable standard or you will consider it a breach of contract and cancel.


You will need to take notes when they cancel, reschedule etc, again keeping a paper trail. If it doesn't get better cancel the contract holding them in breach and turn it into a civil matter that the courts would need to decide on. Ask other participants for evidence to support your claim, then send a LBA giving them 14 days to refund your money including any missed lessons.

IPWright

Thanks Bris,

What would typically be seen as an acceptable service and time to improve?

My gut feeling is 14 days (2 lessons for each child) to notice an improvement. So far only 1/3 sessions has been on for my youngest and 1/2 for our eldest, but I'm not sure what threshold is reasonable. I'd only expect say 1/10 having to be cancelled for a term, but they already can't meet that.

Additionally I'm assuming I'm perfectly in my right to insist that our lessons should be in the days we booked for and insist on reimbursement or deductionsdeductions if we chose not to catch up on alternative days?

bris

Yes just a couple of weeks, taking into account the other weeks which has brought this about. Log a back history which makes it clear why you are giving them a chance to put it right.


They can not hold you liable for not attending a rescheduled event, if it's not suitable for you then they are the ones at fault and your right they need to reimburse you.


From your first post it looks like this is a frequent occurrence, it won't be to hard to prove the breach.