Can I get a refund if lesson times have changed?

bris

Any considerable alteration to the contract could be considered a breach. But as we can't see the contract and whether it stipulates certain circumstances that can vary times or not then its impossible to say if what you signed up to is fair or not.


The courts would decide if there is an unfair term but not all variations in the usual performance of a contract are unfair.


In this case for instance the situation has changed in that the skills and ability have changed meaning the contract allows for change in these situations. This would probably be seen as a fair reflection of how the contract would naturally progress but without seeing what is in the contract only the reasonable person hearing your case will know.

ThumbRemote

bris wrote: »

In this case for instance the situation has changed in that the skills and ability have changed meaning the contract allows for change in these situations. This would probably be seen as a fair reflection of how the contract would naturally progress but without seeing what is in the contract only the reasonable person hearing your case will know.

They are 1 week into a 6 week course, which is part of an ongoing series of courses. I really can't see them having suddenly improved to such an extent in that 1 week. A natural progression of the contract would be that they moved groups/times at the end of each block of lessons.

unforeseen

However, one week in has given them a chance to assess and move as appropriate

KaratePigeon

Thanks for the replies, what is a LSA please?

I don't have a contract but there are t&cs on the website. There is a section in there saying that children might be moved groups part way through terms if they are ready to move up a stage (this isn't the case with mine, they will both remain in stage 3, so I don't think this applies) it also says 'consideration will be given to families and siblings' (hmm..)

2 weeks ago the kids had an assessment, where they were obviously classed at the same ability which is why they were kept in the same session. They only had one lesson (which was uneventful, and they performed the same as always as far as I could tell) before this happened it's all a bit strange, they must have messed up the grouping in the first place if they all need changing after the first week.

I have left her an answerphone message yesterday - her 'working hours' include sunday mornings so thought I might have had a call back as the automated message promises, but no such luck. still no response to my text from a few days ago either asking for details regarding the kids abilities.I'll leave it a few more days then if she's still ignoring me I'll write a letter.

Gers

Ask at the health club for the owner's details.

Check that the swim school is working to the national governing body's pathway.

Check the stage of the swimming plan that your child / children are at.

Ask for any reports / records of your child / childrens progress, including the gaps which moving classes will fill.

Are your children being move up a skill group or down? I seem to read that it's the time of class which is changing and not their stage? If so then you could be right.

What qualifications do the swimming teachers have? If it's only a Level 1 then that's not enough. An ASA (preferably) or at a push an STA Level 2 certiicate is required - not an award, it's a lower qualification.

lincroft1710

KaratePigeon wrote: »

I don't have a contract

By you paying money and the instructor giving swimming lessons to your children, a contract has been formed. It may not be a written contract but it is a contract.

NotRichAtAll

Turn up as usual with the kids in tow you have paid in advance for a place for your kids

KaratePigeon

After putting in a formal complaint and quoting the t&cs, the lady has given me a refund. She didn't offer any explanation, mostly requoted what she said earlier about it being in the children's best interests, which is a bit frustrating, I would have prefered her just to be honest.

Anyway, she has refunded me the lesson cost for 5 of the 7 lessons, both children. We only went to the first session before this all happened so thought I would be entitled to a refund for 6 of them. However I wasn't sure whether I'd be entitled to a refund for the child who's lesson times hadn't changed. Should I ask whether we can get the other lesson refunded or just leave it and be happy with what I've got?

photome

KaratePigeon wrote: »

After putting in a formal complaint and quoting the t&cs, the lady has given me a refund. She didn't offer any explanation, mostly requoted what she said earlier about it being in the children's best interests, which is a bit frustrating, I would have prefered her just to be honest.

Anyway, she has refunded me the lesson cost for 5 of the 7 lessons, both children. We only went to the first session before this all happened so thought I would be entitled to a refund for 6 of them. However I wasn't sure whether I'd be entitled to a refund for the child who's lesson times hadn't changed. Should I ask whether we can get the other lesson refunded or just leave it and be happy with what I've got?

guess that last question only you can answer

if it was me i would forget about it and move on, happy that you got most of it back