refund on course changing its delivery

Cloudee

Sorry if this seems petty with the current crisis. I signed up and paid for a day course in July. Due to the virus, it has been cancelled and they are offering online at the same price. This does not work for me. I am not a professional, just a mum and cannot due the course at home. I have asked for a refund as I have changed my mind as for many reasons it does not suit me to do a course from home. I have been told there are no refunds and I have to accept the online offer. They say in their terms and conditions it says if a pandemic they have a right to change it. Surely I have rights too. But I know I will not get in done at home and does not suit my learning style. I paid for this at the beginning of March and the course was not due to be held until the beginning of July this year. Can anyone advise on my rights?

davidmcn

If the terms you signed up to said they could change it to an online course in the event of a pandemic (and that would have seemed a reasonably foreseeable risk last month anyway) then I would say they're within their rights to do so. I can't think of any statutory reason which would override that.

Any chance of them deferring it to a future date for an "offline" course?

DoaM

Assuming you would have arranged childcare and accommodation anyway (for the in-person course), can you not still do this and instead of travelling to the course location, hire a room for the day (which provides Internet access) and do the online course from there? That way you'll be away from distractions. You could also suggest this to the company and see if they'll offer a small partial refund to account for any additional expense you may need to bear.

Cloudee

I learn better if I hear speaking and record it with a smartpen. and you get the chance to get into groups and work on what you are learning which helps me. I've tried online before and because there is no intonation its not as easy for me to understand and the delivery does not help my concentration. I know I won't get from it what I would if face to face. This particular course is the last time it was going to be available to cannot book for another time.

davidmcn said:

If the terms you signed up to said they could change it to an online course in the event of a pandemic (and that would have seemed a reasonably foreseeable risk last month anyway) then I would say they're within their rights to do so. I can't think of any statutory reason which would override that.

Any chance of them deferring it to a future date for an "offline" course?

unholyangel

What's the company/what are their terms and conditions and what information did they provide you before you were bound by the contract? 

Cloudee

unholyangel said:

What's the company/what are their terms and conditions and what information did they provide you before you were bound by the contract? 

Having looked at my receipt there are no terms and conditions attached, but they could be on their web site. Should terms and conditions have been  attached to my receipt? 

DoaM

You can only be bound to T&Cs that have been sent to you in a durable means before you became bound to the contract ... e.g. in an email or on any paperwork. (A link in an email to website T&Cs do not count as durable). If you haven't received any T&Cs then they can't hold you to them.

How much was the course and how did you pay?

Cloudee

DoaM said:

You can only be bound to T&Cs that have been sent to you in a durable means before you became bound to the contract ... e.g. in an email or on any paperwork. (A link in an email to website T&Cs do not count as durable). If you haven't received any T&Cs then they can't hold you to them.

How much was the course and how did you pay?

thank you. It was only £100 on credit card.

DoaM

Good ... that means you have a fallback of Section 75 (of the Consumer Credit Act 1974) protection, which makes the credit provider jointly and severally liable with the seller for the performance of the contract. Therefore if you have a claim against the seller you have an equal claim against the credit provider.

powerful_Rogue

DoaM said:

Good ... that means you have a fallback of Section 75 (of the Consumer Credit Act 1974) protection, which makes the credit provider jointly and severally liable with the seller for the performance of the contract. Therefore if you have a claim against the seller you have an equal claim against the credit provider.

If it was exactly £100 as quoted then it wouldn't be covered under s75.

DoaM

I thought S75 applied for £100+ ?

Although looking at the Act it says "cash price not exceeding £100" so you may be right.