united-kingdom consumer-protection
Does the Consumer Rights Act 2015 apply to refunds?
<p>My daughter signed a contract for 10 martial arts lessons. She paid the full amount, £300 up front. After 2 lessons she decided it wasn't for her and asked for a refund.</p>

<p>The club pointed to the line on the agreement that said "no fees are transferable or refundable" and offered to carry over the sessions in case she changed her mind.</p>

<p>Is this blanket treatment of all fees an unfair contract term? Can her payment be seen as an advance payment and perhaps have a fairness test applied? Does the term put the club in a far stronger position than the customer with respect to such a term.</p>

<p>On the face of it, it is a void provision since there are, by law, some circumstances where the consumer <em>is</em> entitled to a refund (e.g. where the supplier fails to deliver the services).</p>

<p>However, if there is a “reading-down” provision along the lines of “to the extent permitted by law” then the term is neither void nor unfair. Service providers are not obliged to give refunds if you change your mind.</p>
