Swim school unable to provide appropriate lessons - am I entitled to a refund?

avhinchliffe

My daughter has been having swimming lessons with a branch of a national franchise for the last 3 years. At the end of the Christmas term, we paid for her next block of lessons and following this payment we were told our daughter would be moving up to the next class.

Having spent 3 weeks in this new class it is clear that she is not ready for this level and the teacher has agreed she needs to move down to her previous level. However the company is no longer able to provide us with a lesson at an appropriate time/venue due to current class numbers.

We have requested a refund but the terms and conditions state that although new customers can get a refund prior to their 4th lesson, existing customers can only get a refund within 14 days of their payment. But we didn't know there was an issue within this timescale as this was over the Christmas holidays

Where do we stand with this? Although its outside the 14 day cooling off period, the issue for me is that the company is unable to fulfill their side of the contract by not providing an appropriate alternative class. Is there any way to get a refund?

reehsetin

Have they actually refused a refund? or are you guessing from their T&Cs, they're not able to fulfill the contract, if they're not prepared to refund then I'd take them to small claims court

wealdroam

avhinchliffe wrote: »

My daughter has been having swimming lessons with a branch of a national franchise for the last 3 years. At the end of the Christmas term, we paid for her next block of lessons and following this payment we were told our daughter would be moving up to the next class.

Having spent 3 weeks in this new class it is clear that she is not ready for this level and the teacher has agreed she needs to move down to her previous level. However the company is no longer able to provide us with a lesson at an appropriate time/venue due to current class numbers.

We have requested a refund but the terms and conditions state that although new customers can get a refund prior to their 4th lesson, existing customers can only get a refund within 14 days of their payment. But we didn't know there was an issue within this timescale as this was over the Christmas holidays

Where do we stand with this? Although its outside the 14 day cooling off period, the issue for me is that the company is unable to fulfill their side of the contract by not providing an appropriate alternative class. Is there any way to get a refund?

That '14 day' condition only applies if you want to cancel.

You don't want to cancel, but they are unable to provide the service you have purchased.

harrys_dad

Some of this thread may be useful:

https://forums.moneysavingexpert.com/discussion/5554050

avhinchliffe

They refused a refund over the phone today because of the 14 day period rule. They have offered us availability in some classes at a different location but because of the class times they aren't suitable for us due to work.

Altarf

wealdroam wrote: »

they are unable to provide the service you have purchased.

Depends what was actually purchased.

What does the contract say.

eddddy

avhinchliffe wrote: »

They refused a refund over the phone today because of the 14 day period rule. They have offered us availability in some classes at a different location but because of the class times they aren't suitable for us due to work.

So it depends what the contract says and/or what you agreed with them before the contract started.

e.g.

• If the contract says something like you are agreeing to classes at a particular time and location - the school is in breach of contract because they are not providing them. So you should get a refund.

• If the contract says something like the school can change the time and location of the classes at their discression - the school isn't in breach of contract. So no refund.

• If the contract doesn't mention this, and you didn't agree anything verbally with the school - then, legally, it's a case of "what would a reasonable person expect?"

In my opinion, a reasonable person would expect that they are agreeing to classes at a specific time and location. So you should get a refund.

avhinchliffe

There's no written contract, but my understanding is once we have paid for the service they are contractually obliged to provide it. Correct me if I'm wrong.

We have used this company for 3 years, we originally booked a set number of sessions at a set time and place. Since then we have just contacted them each time to confirm we wish to book the next block of lessons for a set session. The move to the higher level class was instigated by the school not us - this is the first time it has happened. We would have been happy with her staying in the lower level class but trusted the judgement of the teacher that she was ready to move, which it is now apparent she wasn't

Fosterdog

Is it the same teacher at both levels? If not could it be differing teaching styles causing your daughter's problems? She may well be too advanced for the old class but if the other teacher is going too quick in the advanced class then she is struggling to keep up.