If non refundable deposit was quoted - can I get this back due to Covid

macman

Unless the OP was intending to offer free lessons, I don't see how TT for yoga can be construed as anything other than business training.

unholyangel

macman said:

Unless the OP was intending to offer free lessons, I don't see how TT for yoga can be construed as anything other than business training.

(2)
“Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
(3)“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
(4)A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.

It raises the question, how can someone be acting for purposes relating to their trade, business, craft or profession if that's what the purpose of the course is for (to enable them to have that as a trade/profession). 

Or are you saying university & college degrees are business contracts? 

VickyB333

unholyangel said:

VickyB333 said:

its a teacher training for yoga

Did you hold yourself out as a business when you contacted them/entered the contract?

No not at all. Anyone with a key interest in the subject attends.

GDB2222

macman said:

Unless the OP was intending to offer free lessons, I don't see how TT for yoga can be construed as anything other than business training.

It may be training with the ;long term intention of starting a business, but Vicky is a consumer. (I think!)

@VickyB333 How did you pay the deposit or any other part of the course fee? I'm hoping you paid with a credit card.


 

Yahoo_Mail

MattMattMattUK said:

Non-refundable deposit clauses are only legal if the cancellation is by the party who has commissioned the service, if the service is cancelled by the provider they are required to refund the deposit in full, including any part they deem "non-refundable". 

It's not clear that the provider is the one cancelling here.

The OP has said the dates were postponed. They then went onto say the provider will give a refund but minus the deposit. It is not clear if the OP approached them for a refund and this was their response or if the provider has approached the OP and said "the course is cancelled now so you can have your money back minus the deposit."

unholyangel

Yahoo_Mail said:

MattMattMattUK said:

Non-refundable deposit clauses are only legal if the cancellation is by the party who has commissioned the service, if the service is cancelled by the provider they are required to refund the deposit in full, including any part they deem "non-refundable". 

It's not clear that the provider is the one cancelling here.

The OP has said the dates were postponed. They then went onto say the provider will give a refund but minus the deposit. It is not clear if the OP approached them for a refund and this was their response or if the provider has approached the OP and said "the course is cancelled now so you can have your money back minus the deposit."

OP told us the course was "postponed" twice. I very much doubt that it was the OP who postponed the course, given it is solely within control of the provider.