The Horse Forum

The Horse Forum (/)
-   Horse Law (http://www.horseforum.com/horse-law/)
-   -   Non refundable payment for lessons (http://www.horseforum.com/horse-law/non-refundable-payment-lessons-319553/)

Sweeney Road 11-26-2013 09:48 PM

Non refundable payment for lessons
 
Last Friday (November 22) I pre-paid my riding instructor/owner of the stable for a package of 12 lessons. Later that day I had a terrible lesson which was the last lesson from the previous package of 12 lessons (given by her daughter). I had had issues with the daughter before, but thought the owner had straightened everything out with the daughter. Apparently not! I was working on a posting trot in the arena with the daughter behind me and by the time I was facing the direction of the daughter, it seemed that the daughter had left halfway through the lesson.

I contacted the owner via e-mail later that day (Friday) and told her I would not be returning since it was obvious that my goals and riding abilities were not compatible with the riding philosophy of the staff. After telling her in two separate e-mails that I wanted a refund of my money, she told me today (Tuesday) that she doesn't give refunds, even though I have not started with the current package of lessons.

I will be taking her to small claims court if she continues to not refund me, but would like to know if anyone else has ever had this happen to them? How did you address the problem, how long did you give that person to respond to the request for a refund?

If it makes a difference, I am located in Washington State.

bkylem 11-26-2013 09:54 PM

Quote:

Originally Posted by Sweeney Road (Post 4189001)
Last Friday (November 22) I pre-paid my riding instructor/owner of the stable for a package of 12 lessons. Later that day I had a terrible lesson which was the last lesson from the previous package of 12 lessons (given by her daughter). I had had issues with the daughter before, but thought the owner had straightened everything out with the daughter. Apparently not! I was working on a posting trot in the arena with the daughter behind me and by the time I was facing the direction of the daughter, it seemed that the daughter had left halfway through the lesson.

I contacted the owner via e-mail later that day (Friday) and told her I would not be returning since it was obvious that my goals and riding abilities were not compatible with the riding philosophy of the staff. After telling her in two separate e-mails that I wanted a refund of my money, she told me today (Tuesday) that she doesn't give refunds, even though I have not started with the current package of lessons.

I will be taking her to small claims court if she continues to not refund me, but would like to know if anyone else has ever had this happen to them? How did you address the problem, how long did you give that person to respond to the request for a refund?

If it makes a difference, I am located in Washington State.

I understand the documentation that emails offer, but why didn't you just speak to her directly ?

Sweeney Road 11-27-2013 08:21 AM

She had gone out to deposit my money and was not there before I had left the premises. Additionally, I have very poor telephone service, and I have no intentions of physically returning to the stable. E-mail offers documentation, a telephone conversation does not.

DancingArabian 11-27-2013 08:24 AM

Did you write a check? Can you cancel it?
Posted via Mobile Device

ladygodiva1228 11-27-2013 08:25 AM

Does the daughter normally give the lessons? Did you explain to her that her daughter had left you halfway through the lesson? Do you like the mother as an instructor? If so I would tell her that you will do this last set of lessons, but only if she is the one giving you the lesson.

It is a tough call is there anything in the agreement that states the lessons are non-refundable?

OutOfTheLoop 11-27-2013 10:53 AM

Just fyi, small claims court can order them to pay you monies if the judgement goes in your favor, but nothing actually makes them pay you that money. At least thats how it is where I am.
Posted via Mobile Device

PaintHorseMares 11-27-2013 11:09 AM

Quote:

Originally Posted by OutOfTheLoop (Post 4191578)
Just fyi, small claims court can order them to pay you monies if the judgement goes in your favor, but nothing actually makes them pay you that money. At least thats how it is where I am.
Posted via Mobile Device

That's right. You can get the judgement in your favor, but you still have to try and actually collect it.

Tazmanian Devil 11-27-2013 11:24 AM

Did you pay by check or credit card? If so cancel/dispute payment. Always better to make them chase you for the money.

If you paid by cash, do you have a receipt? Does it state "non-refundable?" Did you sign anything or receive anything (release form, lesson coupons, etc." stating non-refundable? Are there any sings posted in the office stating non-refundable?

If non-refundable was communicated to you, you have little chance of winning in court based on the info given.

Even if not, it doesn't sound like you have a good case. You took 11 lessons and liked them enough to buy another package of 12. You had a bad experience with one lesson and suddenly - without any attempt to work things out - you want a full refund?

I'm not picking in you, but you have to look at it the way a third party will. The big hole in your position is buying the second lesson package.

Sweeney Road 11-27-2013 03:20 PM

Lessons were paid for in cash, no receipt. I have actually had several sets of lessons, usually from the mother or an associate, but not normally the daughter. Lessons from the mother and the associate were fine, but the lessons from the daughter were half-hearted at best and I had told the mother on previous occasions that I was not pleased. Her daughter apparently believes that if I just tried harder, I could undo built up scar tissue from a decades old back injury which prevents me from moving very quickly and which makes riding over jumps rather unpleasant during extremely cold weather. The daughter insisted on having me attempt jumps during the lesson, even though I had that very morning pointed out that I would be loathe to do any jumping that day. As a relative beginner, it's fairly easy to change the focus of the lesson (which is what the mother always does), but it seemed that the daughter felt that I just wasn't trying hard enough and after a great deal of rolling of eyes and exasperated sighs, she left. I obviously didn't communicate to the mother as well as I thought since she had her daughter teach the last lesson. One last thing, the daughter much prefers to teach children how to jump, and has little to no empathy for me as a much older student who simply wants to learn how to safely ride a horse and is willing to spend a lot of time working on the basics of flatwork. Jumping is not my main focus, and I have discussed that several times with the mother and the associate.

I have e-mail communication acknowledging receipt of the money, but nothing in writing that says PRE-PAID lessons which have not yet been taught are non-refundable until the last e-mail.

I will take the suggestion that I communicate with the mother that I would be willing to take the lessons with her only, but no one else.

beau159 11-27-2013 05:28 PM

Quote:

Originally Posted by Sweeney Road (Post 4193442)
Lessons were paid for in cash, no receipt.

If you end up taking her to small claims court, this is going to hurt you.

ALWAYS get a receipt. Or don't give the money.

What does your contract for the lessons say? (although I would assume you don't have one) Again, this is where things in writing can stop a headache before it starts.


All times are GMT -4. The time now is 01:44 AM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0