Am I entitled to refund if a course is moved online?

DCTFUK

I'm not sure if this is correct forum to ask about this so please let me know if I should move it. I couldn't find anywhere that seemed more suitable and the index didn't seem to have a link to these sort of questions.

I booked a block of puppy training classes back in February that obviously were cancelled.  At the time I asked for a refund and was told that they weren't offering refunds as the courses would be rescheduled after lockdown.

The finally rescheduled the courses to start this Thursday but obviously that isn't happening and they have now moved the classes to Zoom.  I really don't want to do online dog training classes, I could watch Youtube videos for free. Part of the reason I wanted to do them was to get him to calm down when he sees other dogs.  I asked for a refund and was told no and that the Ts and Cs for when they rescheduled the class say they don't have to refund me.  The e-mail they sent rescheduling the class didn't have and Ts and Cs but did have this at the bottom:

The future:
We hope that we can continue running face to face classes for the foreseeable future.  If for any reason classes must stop in person, we now have the infrastructure to switch to teaching your classes online, on the same days and times and this is how we will complete your classes.  We are unable to predict what the future holds, and as a charity we need to make sure that Dog School is sustainable and can continue to employ staff and support owners in the long term.  Therefore, we have developed this alternative option to allow us to support owners and their dogs, and maintain our service. In the event of this happening, classes will be non-transferable and non-refundable.  

There were no Ts and Cs relating to this (no Ts and Cs at all in fact) when I initially booked the classes and since they rejected my refund request at that point then surely they can't just introduce new terms months later when rescheduling? Does anyone know where I stand if I escalate this through resolver?  

epm-84

I would argue that if the classes weren't available at the dates and times you originally booked for then you're entitled to a refund, even if in person classes were offered on an alternative date.  You could also argue you don't have suitable hardware to do Zoom classes e.g. internet connection too slow, old computer, no webcam, nowhere suitable to set up for a virtual class at home etc.

Did you pay using debit or credit card?

DCTFUK

epm-84 said:

I would argue that if the classes weren't available at the dates and times you originally booked for then you're entitled to a refund, even if in person classes were offered on an alternative date.  You could also argue you don't have suitable hardware to do Zoom classes e.g. internet connection too slow, old computer, no webcam, nowhere suitable to set up for a virtual class at home etc.

Did you pay using debit or credit card?

Unfortunately I paid using debit card.  

I have told them that I cant use my work laptop for it so would be stuck using my phone.

I just can't believe for one second they can force you to use new Ts and Cs. They could have anything in them and I would have had no discourse if that were legal (they could have said I have to pay them if I can't attend).

Jeremy535897

Thousands of students are in the same position. At the start, you could have insisted on a refund for the simple reason that you booked puppy training classes, which by definition have to be done at the right time. The dog is now around 6 months older, and it is a bit late to start socialising now. By not pushing for a refund, you could reasonably be regarded as accepting a booking for a later date, and in fact you say you accepted a rescheduled date. If, as seems to be the case, that acceptance was after having received the statement about online replacement in the event of a lockdown, I don't see how you can ask for a refund.

DCTFUK

Jeremy535897 said:

Thousands of students are in the same position. At the start, you could have insisted on a refund for the simple reason that you booked puppy training classes, which by definition have to be done at the right time. The dog is now around 6 months older, and it is a bit late to start socialising now. By not pushing for a refund, you could reasonably be regarded as accepting a booking for a later date, and in fact you say you accepted a rescheduled date. If, as seems to be the case, that acceptance was after having received the statement about online replacement in the event of a lockdown, I don't see how you can ask for a refund.

I have an e-mail where they categorically said they would not refund me after the initial cancellation and they automatically rescheduled and enrolled me on the new class about a month ago.  If they had offered me a refund or a reschedule at the time and I accepted the reschedule then I would understand.

If I was refused a refund after the initial cancellation then I have, in effect, been forced to accept any new Ts and Cs.

Jeremy535897

When they refused a refund initially, how did you take it further? It sounds like you didn't. The CMA issued guidance back in April as to what consumers' rights were in these circumstances (there have been hundreds of threads about weddings, gyms and courses on this forum). You could try quoting the latest version of that guidance to them:
https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds