USA soccer school refusing refund

LondonGirlie

Can anyone offer any advice please. My son signed up to work in USA this summer coaching football, via a UK company. He paid the company about half of the fee (£500) which is towards air flight, insurance etc. before COVID hit, his application was put on hold and eventually the company cancelled the contact due to COVID. They have said they will not offer a refund. Is there anything we can do to fight this? No flight was booked so I’m struggling to see why they refuse. 

Many thanks

Jeremy535897

Who did he actually pay, a UK based company or a US based company, and when and how did he pay it?

LondonGirlie

Payment was to the UK based company, he made a few instalments between October 2019 and February 2020, I think it was via bank transfer, I’m just wanting for confirmation from my son though

bradders1983

Bank transfer!!! Oh dear. I hope that isnt the answer you get back, may as well have thrown his money off a cliff and his only recourse would be the courts.

Jeremy535897

This is unlikely to be a consumer contract, as it relates to work, and a bank transfer is not helpful as it doesn't allow chargeback. However, a UK company has taken his money and not provided anything in return. They may seek to argue that the contract was frustrated due to COVID, or seek to rely on something in the contract (for example a clause saying that the payment is non refundable), but it may well be worth your son saying that he will pursue the company in the small claims court if they persist in refusing a refund. See https://www.gov.uk/make-court-claim-for-money

LondonGirlie

Thank you Jeremy 

This is a copy of the latest email from them:

"Important note - changes beyond our control;

Compensation will not apply if a significant change is made for reasons beyond our control. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar event."

We have made a decision as a company that as per the above we are not going to be offering refunds.

Am I clutching at straws by pointing out their wording states “compensation will not apply,” as opposed to them Using the word refund?

LondonGirlie

He paid using his debit card rather than a bank transfer

Jeremy535897

Returning a deposit does not seem to me to be "compensation". I take it the words you quote in italics were in the original contract? They cannot add such terms after the event.

Even if they were, there is still a breach of contract by them. When a contract is frustrated due to the fault of neither party, normally any advances or deposits should be refunded. They have taken your son's money, and provided nothing in return. I suggest your son talks to his bank about a chargeback. The company can dispute it, but it is the place to start.

macman

When was he due to start work? You have 120 days from that date to claim a chargeback.

LondonGirlie

He was due to start mid June so we are still within the 120 days, just. Thank you we will go down the chargeback route as the company are insisting they will not give a refund

Thrugelmir

Did you have a copy of the full contract terms? How was the upfront payment worded?