In 2015, a woman began taking Spanish lessons with a teacher. She pays $690 upfront for 10 sessions. Course materials are included in the price. But after the first session, she was unable to listen to the audio files provided on a USB stick. She asks for a refund, but cannot agree on the amount with her teacher.
The professor offers him a refund of $193.50. Wife asks for $558.90 instead. To defend his case, the professor claims that the Consumer Protection Act (LPC) does not apply to his courses. The judge ruled in favor of the lady. We explain the reasons to you.
Conditions met
If you decide to take courses, complete them Contract. This contract is subject to the LPC if you are taught or trained to develop, maintain or improve skills of any kind. For example, music, yoga or diction lessons are contracts that fall under the LPC.
There are exceptions. These courses may not be offered by a school or community. Persons who belong to a professional association that offers courses are also exempt.
The Spanish teacher in the above case states that health problems prevent him from giving lessons regularly and therefore the Consumer Protection Act does not apply. However, the regularity of the courses is not one of the criteria.
The professor also claims that he provided different reimbursement conditions in the contract signed by the lady. However, it is prohibited to include clauses in a contract that contradict the LPC. The Consumer Protection Act also does not allow a consumer to waive his or her rights.
Only pay for the lessons you receive
You have the right to end the course at any time in writing. Then you have to take out your calculator to figure out how much you have to give to the teacher or vice versa.
The professor cut the total price unevenly. The first of ten sessions accounts for more than 30% of the total price, as does the material. According to the contract, these amounts are non-refundable, as is a $45 registration fee.
In case of cancellation, the customer only has to pay for the part of the course that he or she took. Woman attended one of ten sessions. She therefore has to pay $69.
However, you may have to pay a penalty. If you cancel before the start of the lesson, there will be no penalty. If you cancel after launch, you will be required to pay 10% of the price or $50. The lesser amount of both will be retained.
Ms. was therefore entitled to a refund of $558.90.
The situation could have been different when it came to reimbursement for devices. You can request a refund within 10 days of receipt or the first lesson. The longest period remains.
However, you must return the device in the condition in which you received it. For example, a visibly used workbook cannot be returned.
Boundaries
Special regulations apply to courses at schools, colleges or universities as well as to courses organized by municipalities. You can find more information on their websites.