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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Expecting to pay for missed music lesson when school was shut due to storm

20 replies

CarolinaStabril · 02/03/2022 20:43

My child’s instrumental teacher has invoiced me for the rest of terms music lesson. I messaged back asking what was happening with the missed lesson from just before half term when the school shut due to the storm as there is nothing in our contract about a lesson cancelled because of bad weather.

I got a shirty reply. It basically said she would try and fit another lesson in towards the end of term but I was expected to pay. That’s fine but the tone of the response suggested I was wrong to ask the question!

I wasn’t rude or presumptuous- just asked a question. Was I unreasonable?

OP posts:

EekGoesTheBaby · 02/03/2022 20:49

I don't do lessons, but my gut reaction is that it's fine to expect a missed lesson would be made up. It's not her fault the lesson was missed (hence, you're still paying for it) and it's not your fault either (hence you get a make-up lesson at some point or tack extra time on to a few lessons).

TheChosenTwo · 02/03/2022 20:50

I don’t think you were unreasonable to ask, no.

CaptainMerica · 02/03/2022 21:01

YANBU to ask.

My DS's piano teacher always offers to rearrange a missed lesson, or give him extra time in his one, when we have missed one due to holidays/illness. I would never expect it, and appreciate it greatly - I suspect she is unusually accommodating. But it does indicate you would be fair enough to ask.

LadyCordeliaFitzgerald · 02/03/2022 21:06

It would have been more professional of her to mention her intention to make it up before you had to ask.

ChoiceMummy · 02/03/2022 21:22

She's obviously providing the lessons in the school. The school being closed wasn't her fault, she was available, so I don't think that she was unreasonable per se.
Equally, if I was the parent I'd be peeved.

donquixotedelamancha · 02/03/2022 21:38

It's not about fault, it's about contract law. The contract to hold the missed lesson was frustrated and in that situation you don't pay for it.

You certainly weren't unreasonable to ask. She would be unreasonable if she ends up expecting you to pay for a lesson which didn't happen.

ChoiceMummy · 03/03/2022 10:15

@donquixotedelamancha

It's not about fault, it's about contract law. The contract to hold the missed lesson was frustrated and in that situation you don't pay for it.

You certainly weren't unreasonable to ask. She would be unreasonable if she ends up expecting you to pay for a lesson which didn't happen.

Depends on the contract. And, as I said, the teacher was available for the lesson, the child wasn't.

Comefromaway · 03/03/2022 10:20

Wife of a music teacher (college and 1:1) and previous provider of group and individual drama lessons here.

I would expect to pay if my child missed the lesson for whatever reason.

However in this case the teacher could not provide the lesson due to her venue (the school) being closed so you should not be expected to pay.

I disagree with the poster above. Assuming that had the school been open/accesible you wold have taken your child in it was the child who was available and the teacher who was not.

Susu49 · 03/03/2022 10:24

@ChoiceMummy
The child was every bit as available for the lesson as the teacher

donquixotedelamancha · 03/03/2022 10:28

Depends on the contract. And, as I said, the teacher was available for the lesson, the child wasn't.

The contract in this case doesn't contain a stipulation about this but even if it did it wouldn't override the law.

The teacher wasn't available for the lesson- the school was shut. OP has given no indication that an alternative was provided on the day.

MorningStarling · 03/03/2022 10:30

If the contract doesn't state what happens if the lesson doesn't take place due to circumstances beyond the teacher's control, it's not a very good contract.

Generally you should still expect to pay for the lesson in any circumstance where the teacher was willing to provide it but was not able to due to circumstances beyond her control, which would include weather.

Compare it to paying to get your bins collected through your council tax. You don't get a discount or refund because the workers were on strike for a fortnight or the weather was too bad for them to visit. You've just got to suck it up and move on.

It's nice of her to say she'll try to fit another lesson in to make up for the one that was missed, ultimately that means inconveniencing herself for no extra money for something that wasn't her fault to begin with.

gogohm · 03/03/2022 10:33

It's normal to pay and the lesson is made up when the teacher can't make the lesson for whatever reason.

Comefromaway · 03/03/2022 10:42

You don't have a contract with the council to collect your bins by paying your council tax though. It is on e of a range of services that are provided to all.

A better comparison would be if you have a window cleaner every Friday and one week they didn't come because of the weather. They could either choose to clean your windows on the Saturday in stead or credit you for that week.

donquixotedelamancha · 03/03/2022 10:43

That's literally the opposite of what the law says. Some contracts will have terms which change that by providing for payment for keeping a place open in limited circumstances (which might be legal) but this one doesn't.

That's a tax which is used to pay for public services, not a contract with a private individiual or company. A better comparison would be a pre-paid taxi which doesn't arrive because it breaks down, a window cleaner who doesn't turn up because he's ill or a gym which is closed by environmental health officials. In all of those circumstances you'd be entitled to a refund.

Comefromaway · 03/03/2022 10:43

My daughter's singing lesson at drama school was cancelled the Friday of the storm. However the agreement is for x number of lessons per academic year so she will have a make up lesson later in the year.

FaoinDrualus · 03/03/2022 10:51

You were not unreasonable to ask. The teacher really should have provided a note about it with the invoice - either to say the lesson could be made up and needed to paid for, or that the payment is due as the cancellation was out of her hands. Or that lesson would be refunded.
Whatever was decided - she should have provided clarity, and it's poor communication on her part that she didn't, it is not a usual situation.

Comefromaway · 03/03/2022 10:55

Except contract law states that she cannot charge, even if the cancellation was out of her hands.

Some teachers have a clause to say that in the event of a school/venue closure that lessons will take place online, that is valid but she cannot legally charge for a service she is unable to provide.

curlymom · 03/03/2022 10:57

YANBU to ask. I would get the extra date into the diary before anyone forgets. The teacher was probably shirty because was asked question by so many other parents. Perhaps they should reword their contract

Gunpowder · 03/03/2022 11:00

YANBU! DD has missed various music lessons over the last two terms due to her having Covid, the teacher having Covid, a fire alarm and the storm, the only one that wasn’t made up was the one when DD had Covid. Your DD’s school may have another policy which is fine but of course it’s ok to ask about it. You don’t ask, you don’t get.

dameofdilemma · 03/03/2022 11:25

Dd missed two lessons as the teacher was unwell - confess it didn't even occur to me to ask the teacher to make up the lessons (she's stretched enough as it is) or ask for a refund. (And I say that as a contracts lawyer!)

The music lessons are heavily subsidised by the school, dd is lucky to have them and we'd be paying a lot more privately.
The schools doing its best, they can't control the weather, personally I'd give them a break. But that's just my view.

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