Consumer Rights Camcelled Lessons

MPBS

Hi I have a question regarding consumer rights.

My child goes to a swimming lesson on a Sunday morning provided by a private company.

They take payment a month in advance for the lessons.

Over the past 30 months they have cancelled the lesson on 17 occasions.

Until recently used to provide a refund for the lessons which they cancelled

However, in May they switched to using a mobile app to manage the lessons and we had to complete child details and redo payment details.

Since then they cancelled a lesson and when I requested a refund they said that I would be given a 'make-up lesson token' and I can use it to book an alternate lesson at a different time (cannot use it for the following week normal time lesson) and if I do not use it within 30 days I forfeit any refund.

I have contacted the company and pointed out that Sunday is the only day that I can take my child to swimming lessons due to other commitments and therefore is of no use to me and I want a refund.

The company responded by saying that this is industry standard practice, that I signed up to this when I re input my child details and payment details into the mobile app and that I can not have a refund.

Is this legal? Don't I have a right to a refund if I do not want the make-up lesson?

marcarm

First question is, did you sign up with those T&Cs that they could offer a "token"?

And if so, why did you not query it beforehand, instead of raising the issue when a lesson has been cancelled?

MPBS

First question is, did you sign up with those T&Cs that they could offer a "token"?


To be honest I signed u originally January 2017 and then they released a phone app and said you need to re register your details as we have changed payment systems. They did not say that T&Cs changed but in a section called policy they had added it in.


And if so, why did you not query it beforehand, instead of raising the issue when a lesson has been cancelled?


Myself and other parents only became aware after a lesson was camcelled - you could argue we should have checked when we re-signed, you could also argue that they didn't make it clear BUT regardless of this my question is - is it even legal for them to state this? Is it my consumer right to demand a refind if I don't feel the make-up lesson is any use to me?

BoGoF

How hard do you want to push this.....enough that the company decide they no longer want your child.

I don't think what they are doing is compatible with Consumer Rights if they are the ones doing the cancelling but enforcing those rights may mean you having to find a new venue.

MPBS

Yes, I think consumer rights trumps their 'Policy' that they claim I signed up to but wanted someone in the know to confirm this?


I have been pondering leaving them and getting lessons elsewhere for a while as even when they were giving refunds I had to chase them and they cancelled sunday morning 17 times over last 30 months (always after a Saturday night and send a text sunday morning saying they are ill!)


However, is convenient as can do both kids on diff levels on a Sunday morning and there are waiting lists everywhere else.


I have now had quite an email exchange where they suggested I cancel my lessons. I said I would think about it and am probably going to leave anyway but I still want my refund.

MPBS

I did point out to them that the law trumps their policy and he said that it is industry standard.

sheramber

your details as we have changed payment systems.

Was this change covered in 'changed payment systems'?