Revision class was closed due to COVID-19, school won't refund fees

[Ping922]

Hello everyone,

Due to the COVID-19, a school revision course was unable to be run. Subsequently, the school has not refunded the fees and referenced force majeure. Does the school have the right to do so? How can we help the students to get their money back. Any help would be much appreciated.

[Celestine]

Can we see a copy of any terms for the online course?

[Ping922]

Can we see a copy of any terms for the online course?

Many thanks for the help.

Please see the terms below.

Payment:
Fees must be paid in full 21 days before arrival. A deposit of 25% (or full fees for programmes of one month or less) is required on enrolment to secure bookings. Payment must be made in Pounds Sterling, either by cheque, bank transfer, or in cash. International bank transfers are subject to a surcharge.

Courses
When there is no alternative, we reserve the right to alter courses and course dates without notice. In such cases, alternative arrangements will be made of equal or greater value than the original course booking. All lessons are 45 minutes long (unless otherwise stated). In the event of a subject being booked by only one student, we offer individual lessons of equal or greater value, or an alternative subject

Cancellation and Refund Policy
Please note that the refund and cancellation policy for groups is different, and each group has its own separate agreement.

A total refund (less registration fee, accommodation service fee, any expenses eg. courier fee and administration fee of £50) is payable when:
A visa application has been rejected, an appeal has been made, and the two letters of rejection are shown.
30 days’ cancellation notice is given, prior to course commencement.

Evidence is produced concerning death or serious illness involving the student or their immediate family.

Important note: Students using a Confirmation of Acceptance for Studies (CAS) to apply for a Tier 4 visa must use an approved visa application service, and send a full copy of the application documentation to OISC before submission. If these are not submitted, or an application is refused due to a clearly avoidable student/agent error, the above refund policy is void and any refunds offered are discretionary. Such refusals can put the Tier 4 Sponsor Licence of the college in serious jeopardy.

Students registered for programmes of more than one term in duration must give a term’s notice in writing if they do not wish to complete their programme, or pay one term’s fees in lieu.

A 50% refund is payable when 15 29 days’ cancellation notice is given, prior to course commencement.
A 25% refund is payable when 3 14 days’ cancellation notice is given, prior to course commencement.
No refund of deposit or fees paid is made to students who cancel courses with less than 72 hours’ notice, or after commencement, or to students who fail to arrive in Oxford after a CAS has been issued and a visa granted, even if notice is given.

The above refund conditions refer to tuition, accommodation, and all other payments.

The above terms also apply to cancellation or postponement due to circumstances beyond our control, eg. disruption of flights, and you are advised to take out insurance against such events before travelling.

Liability and Complaints
XXX is not liable for any damage sustained by students, or their property, howsoever caused, while enrolled at the College. Complaints about any aspect of XXX should be addressed directly to the Principal. A copy of the full complaints procedure is available on request.

By completing the application form and applying to study at XXX, you agree that these Terms and Conditions have been read and understood.

[R0b]

What is the school's actual position, are they flat out refusing to give a refund of fees or are they suggesting they will re-arrange when it is safe to do so (presumably if these are revision courses then students had specifically picked these courses to ensure they attended before exams)?

Couple of quick points:

1. Not sure they could rely on force majeure here. The reference to cancellation or postponement due to reasons beyond their control gives the example of disruption of flights and then goes on to say you should take out insurance before travelling. It suggests to me that force majeure is limited to travel but nothing more. Secondly, if the contract was entered into after COVID-19 outbreak, then it's questionable as to whether the circumstances were beyond their control and they would have to show they have taken reasonable steps to avoid or mitigate the problem.

2. The cancellation section talks about students cancelling but nothing about when the school cancels. In that case if the students did not cancel, but it was the school, I would say they are entitled to a full refund.

3. Even if the school is covered by that section for whatever reason, The Competition and Markets Authority issued a statement back in March about businesses refusing to refund consumers (you can find the link here). In particular:

The position in most cases
Where a contract is not performed as agreed, the CMA considers that consumer protection law will generally allow consumers to obtain a refund.

• In particular, for most consumer contracts the CMA would expect a consumer to be offered a full refund where:
• a business has cancelled a contract without providing any of the promised goods or services;
• no service is provided by a business, for example because this is prevented by Government public health measures;
• a consumer cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.

Non-refundable payments and fees
In the CMA’s view, the above rights to a refund will usually apply even where the consumer has paid what the business says is a non-refundable deposit or advance payment.

If the school is digging their heels in, the only way to resolve it might be to issue legal proceedings. A strongly worded letter with reference to the CMA Guidance and demanding payment within the next 14 days is a good starting point. You could also mention that if they don't agree, you will suggest that each of the students make a formal complaint to the CMA regarding the school's refusal to give a refund and ask them to investigate. Students can simultaneously start the legal process at the same time if they wish.

[Cinderella66]

Just to add this falls within the Law Reform Frustrated Contracts Act 1943 and subsequent case law which provides for a refund of monies paid minus any expenses where appropriate. If you issue proceedings that is the legal basis on which to do so.

[Ping922]

What is the school's actual position, are they flat out refusing to give a refund of fees or are they suggesting they will re-arrange when it is safe to do so (presumably if these are revision courses then students had specifically picked these courses to ensure they attended before exams)?
Couple of quick points:
1. Not sure they could rely on force majeure here. The reference to cancellation or postponement due to reasons beyond their control gives the example of disruption of flights and then goes on to say you should take out insurance before travelling. It suggests to me that force majeure is limited to travel but nothing more. Secondly, if the contract was entered into after COVID-19 outbreak, then it's questionable as to whether the circumstances were beyond their control and they would have to show they have taken reasonable steps to avoid or mitigate the problem.
2. The cancellation section talks about students cancelling but nothing about when the school cancels. In that case if the students did not cancel, but it was the school, I would say they are entitled to a full refund.
3. Even if the school is covered by that section for whatever reason, The Competition and Markets Authority issued a statement back in March about businesses refusing to refund consumers (you can find the link here). In particular:
If the school is digging their heels in, the only way to resolve it might be to issue legal proceedings. A strongly worded letter with reference to the CMA Guidance and demanding payment within the next 14 days is a good starting point. You could also mention that if they don't agree, you will suggest that each of the students make a formal complaint to the CMA regarding the school's refusal to give a refund and ask them to investigate. Students can simultaneously start the legal process at the same time if they wish.

Dear Rob,
Thank you very much, it is very helpful.
The course provider offered credit or postponements, but not refund. All of the students who applied course were international students, they had to go back to their country due to school closure and some of them will not return back to the UK.

I will talk to the course provider again and will let you know their response. Thank you again for the help

[Ping922]

Just to add this falls within the Law Reform Frustrated Contracts Act 1943 and subsequent case law which provides for a refund of monies paid minus any expenses where appropriate. If you issue proceedings that is the legal basis on which to do so.

Thank you, I will talk to the provider and let you know their responses. Thank you.

[Ping922]

The revision class replied but still refused a refund - I copied the response below:

- it is a near impossible time for the entire industry - but I hope you will also appreciate that xxxx, as with almost all other schools in our sector, is not able to give full refunds in the circumstances. If this happened then the entire industry would collapse.

When the effects of Covid-19 started to be felt, we were one of the first colleges in xxxx to react to the changing situation, just as we had reacted weeks before to support your students at very short notice when they needed a programme to attend rather than returning to China: we immediately offered a transfer to online teaching, without interruption, delay, or even change of tutors.

We offered, as an alternative, postponement of all courses to dates of each student's choosing, extending to within 2 years (usual policy: within 6 months), or some combination of the two. We also offered, extraordinarily, the option for full credit held to be used for family and friends of the students affected. I have to say that every student who had been due to participate in our very busy Easter course, with the exception of your students, selected one of these options. The feedback for online tuition was excellent, and most students have extended, taking regular lessons with our tutors even alongside their main school programmes of study.

We are very happy, as always, to work with you to find a solution for all of your students, but I am afraid that the parents insisting on refunds being issued will have to, like all others, give some thought to the various options you propose to them. I assume that the students' independent schools in the UK, which they were forced to leave before the end of term, have not offered any refund of tuition fees? xxxx has remained fully operational throughout the pandemic and have done all we can to support our parents, students, and agents, even whilst many colleges have closed their doors entirely. I hope that a pragmatic solution can be reached.


Our students were unable to take any online lessons they offered, as they were either travelling due to school closure or in quarantine in their countries. Not to mention that face to face teaching and online course are not the same quality. Also those students who asked for a refund will not return back to the UK.

Does the college has the right to do so, I am also worried if they apply for bankrupt or dissolved the company, what students can do?

Please help. Thank you very much.

[R0b]

So the gist of that email doesn't suggest any legal or contractual basis for them not giving a refund. The argument about the whole industry collapsing is just a cover I think, exactly in the same way airlines tried to argue that but the Competition and Markets Authority, Civil Aviation Authority and the EU all rejected that position. If they are truly relying on force majeure as their sole basis for non-refunds, I think there would be a reasonable prospect of a successful claim.

Can you clarify, did the students contract individually or did a group or organisation contract with the school on their behalf? Ultimately it might come down to the students issuing a claim against the school but if they are all abroad, do they really want to do that?

If the company goes bankrupt/dissolves, little recourse I am afraid.

[Ping922]

So the gist of that email doesn't suggest any legal or contractual basis for them not giving a refund. The argument about the whole industry collapsing is just a cover I think, exactly in the same way airlines tried to argue that but the Competition and Markets Authority, Civil Aviation Authority and the EU all rejected that position. If they are truly relying on force majeure as their sole basis for non-refunds, I think there would be a reasonable prospect of a successful claim.

Can you clarify, did the students contract individually or did a group or organisation contract with the school on their behalf? Ultimately it might come down to the students issuing a claim against the school but if they are all abroad, do they really want to do that?

If the company goes bankrupt/dissolves, little recourse I am afraid.

Many thanks for the help as always.

Yes, It is just a cover. They offer the course with accommodation and invoiced separately as two items. They send invoice to us but dressed in students name, then we make all the payments to the college after collect the money from parents. Students did not have any contact with the college directly. So can I still say that we as organisation deal with the college on behalf of the students?

I don't understand they even don't offer refund for the accommodation? All the hotels made offer to customers for either a refund or credit.

Their Invoice like this :

• Registration Fee:
• Easter Revision Programme:
• Student Residence Accommodation:
• Total:

Thank you for the help

[Ping922]

If it is possible, where can we find professional help please? Much appreciated for any ideas or recommendations. Many thanks.