Refund of deposit for football course that my son cannot attend

Sheridanmh

I paid a non refundable deposit (except in exceptional circumstances) of £811 for an intensive week long football course for my son. He was due to go on the course on July 6th and shortly before the balance was due to be paid he sustained an injury. It was thought to be a grade 1 ligament sprain when seen at A&E and I informed the company of this immediately. They agreed to put him on a later course in August. My son was sent for an MRI scan and told by the consultant on 23rd May that he has a grade 2 MCL sprain and that his ACL is completely gone and he will need reconstructive surgery. He is now on a waiting list and cannot play football for at least 12 months after the operation. I messaged the company on 23rd May to tell them this and requested a refund.  They came straight back to me saying that the deposit was non refundable but in the circumstances as a gesture of goodwill they would refund 50% of the deposit or he could go to a later camp in 2026 or 2027. They say that they have incurred costs so cannot refund any more. I really need advice on whether I can get more of a refund? Thank you

Ayr_Rage

I would say that a sporting injury is in no way an exceptional case in this situation.

Their refund or rescheduling offer seems entirely reasonable.

Grumpy_chap

Sheridanmh said:

I paid a non refundable deposit (except in exceptional circumstances) of £811 for an intensive week long football course for my son. He was due to go on the course on July 6th and shortly before the balance was due to be paid he sustained an injury. It was thought to be a grade 1 ligament sprain when seen at A&E and I informed the company of this immediately. They agreed to put him on a later course in August. My son was sent for an MRI scan and told by the consultant on 23rd May that he has a grade 2 MCL sprain and that his ACL is completely gone and he will need reconstructive surgery. He is now on a waiting list and cannot play football for at least 12 months after the operation. I messaged the company on 23rd May to tell them this and requested a refund.  They came straight back to me saying that the deposit was non refundable but in the circumstances as a gesture of goodwill they would refund 50% of the deposit or he could go to a later camp in 2026 or 2027. They say that they have incurred costs so cannot refund any more. I really need advice on whether I can get more of a refund? Thank you

Do the terms and conditions that were agreed provide a definition of "exceptional circumstances"?

As above, for an intensive sports training course at a high level that this must be, the occurrence of a sporting injury might not be seen as exceptional.

The offer to reschedule seems fair, unless the terms and conditions allow for a more favourable outcome.

Alderbank

BethRobinson said:

What part of non-refundable are you struggling with?

I think we are all OK with 'refundable'.

It's the 'non-' part that we struggle with.

If you think the answer is simple or obvious, perhaps you missed this thread (all 9 pages of it):

https://forums.moneysavingexpert.com/discussion/6601716/non-refundable-hotel-booking-what-are-my-actual-rights/p1

user1977

Particularly in a contract which itself says it might be refundable (in apparently vague circumstances). 

Grumpy_chap

Alderbank said:

BethRobinson said:

What part of non-refundable are you struggling with?

I think we are all OK with 'refundable'.

It's the 'non-' part that we struggle with.

If you think the answer is simple or obvious, perhaps you missed this thread (all 9 pages of it):

https://forums.moneysavingexpert.com/discussion/6601716/non-refundable-hotel-booking-what-are-my-actual-rights/p1

There do seem to be some differences between that thread about the hotel room and this thread.

In the case of the hotel room, the OP has chosen a lower-cost option non-refundable room and paid in full.  The OP has then decided to cancel.  Part of the discussion revolved around the CCR rules for distance selling.  Part of the discussion revolved around the business only being able to retain that amount of their loss / costs incurred, not the whole value.

In the case here, the pre-booked football coaching, the OP has paid a non-refundable deposit (which they stand to lose) and is not being asked to pay the balance.  The OP has not stated the full cost of the course, but the deposit is £811 for the one-week course.  If the deposit was 20% that would suggest the full course cost of around £4k.  The £800 might well be a genuine pre-estimate / assessment by the business of the costs they incur and cannot recover by the place being booked.
Regardless, the business have offered the OP a partial refund of the non-refundable deposit, but retaining half on the basis that the business have incurred costs:

Sheridanmh said:

They came straight back to me saying that the deposit was non refundable but in the circumstances as a gesture of goodwill they would refund 50% of the deposit or he could go to a later camp in 2026 or 2027. They say that they have incurred costs so cannot refund any more. I really need advice on whether I can get more of a refund? Thank you

If the business are offering to refund the amount above their costs incurred, that seems to honour consumer rights - and much of the very points being made about the hotel booking in the other thread.  The discussion might be about whether the £405 retained is the true assessment of costs.

Undervalued

Ayr_Rage said:

I would say that a sporting injury is in no way an exceptional case in this situation.

Their refund or rescheduling offer seems entirely reasonable.

I entirely agree. I would take one or other of their offers.

Doing the course at a later date is a bit of a gamble. How confident are you that the firm / organisation providing these courses will still be around? Also, will your son's surgery be successful enough to allow this level of competitive sport?  

the_lunatic_is_in_my_head

Grumpy_chap said: The discussion might be about whether the £405 retained is the true assessment of costs.

In a nut shell yes  

Sheridanmh

Thanks everyone. 
I have asked what costs they have incurred to date. They have said £122 for a football kit, £100 for food, £255 for the hotel. The only thing I disagree with is paying for a a generic kit that they can allocate to another player on a future course. I have emailed them asking about this but will then just take the money. Lesson learned, NEVER sign up for anything with a non-refundable deposit.

Sheridanmh

Just to add their definition of exceptional circumstances was stated as a serious injury, death in the family, but their policy is to offer another course at a later date. My son is awaiting surgery and has been told that he cannot play football for at least 12 months after surgery, so that would rule out courses for next summer.

Aylesbury_Duck

Sheridanmh said:

Thanks everyone. 
I have asked what costs they have incurred to date. They have said £122 for a football kit, £100 for food, £255 for the hotel. The only thing I disagree with is paying for a a generic kit that they can allocate to another player on a future course. I have emailed them asking about this but will then just take the money. Lesson learned, NEVER sign up for anything with a non-refundable deposit.

In many walks of life you'll find them hard to avoid.  If you were selling your car, and someone gave you £500 to secure it and withdraw it from sale while they organised the rest of the funds and arranged a collection, how would you feel if you'd turned away other interested parties and your buyer backed out a fortnight later and wanted the £500 back in full?

I'd certainly be going back to them to contest the generic kit, particularly if it's a common or typical size.