To think this yoga policy is really unfair?

[CalmerChameleons]

I attend a yoga class where you pay in advance for a term.

If you can't make a class because you're ill or whatever, you can't get a refund, it's just tough. This I think is totally fair enough because it's not the teacher's fault you're ill and they'd lose money on the gym room (they don't work directly for the gym as you book separately) if everyone cancelled and they refunded.

However.

It's turned out that if the yoga teacher himself cancels, you don't get a refund either! He cancelled last term because he was ill, and he cancelled one last week because he had childcare issues. Last time he said he'd just give us some money off this term's sessions, and he's said the same this time. But I think this policy is really unfair and I don't actually want to book with him again.

He's pointed me to his terms and conditions when I said I wanted a refund, and to be fair that's what it says, no refund, just a class credit. But this seems really unfair when I didn't want him to cancel, I would have liked to have gone to the class!

AIBU to think he should refund us if he cancels? Both times it's been very last minute as well.

Yes, they should refund if they are unable to take the class, as otherwise they are not providing the service you are paying for. At the very least they should pay another instructor to take the class for them!

If they won't refund for the missed classes, you always have factual social media reviews that you can leave, which will no doubt cost them more than the refund. Make it clear to others that you do not recommend the class as the instructor often cancels the class but does not refund the classes they frequently cancel.

Find a new yoga class.

Personally I agree. I guess he is worried about his income and I assume he has to pay for the venue even if he cancels. So in his mind you are his employer and paying his sick pay type situation. Most self employed people I guess wouldn't do this.

But it's in his terms and conditions so it boils down to how much you like his classes and whether it's worth this or not. If not find someone else.

If you get a class credit isn’t that the same as a refund?

And I also think a lot of people would be happy with a class credit.

So he doesn't give you money back, but you have next lesson for free? If it is so, it sounds ok to me.

A class credit seems fine.

It’s in his Ts and Cs. He needs to run a sustainable business.

Go somewhere else if you don’t like it

No really. A lesson credit means a free lesson next term, and as the instructor is clearly very flaky and unreliable, I'm guessing the OP doesn't want to sign up for another term, so a credit wouldn't be helpful.

So are you saying that, in order to get the class credit, you are forced to book another full term?

If so, this could be a breach of the Consumer Rights Act 2015. IANAL but it says:

It defines ‘unfair’ terms as those which put the consumer at a disadvantage, by limiting the consumer’s rights or disproportionately increasing their obligations as compared to the trader’s rights and obligations.

So if you only get compensated for him cancelling by paying him more money, this could be an unfair contract term. Unless I haven't had enough coffee yet and have completely misinterpreted your OP

This used to happen with DD's dance classes and I never really minded, but I can see your point, while many people would be happy with a class credit, it's really making assumptions about whether or not you will continue with the class for next term (because you have already paid for all of this term). You might not want to do that - next term is a long way away really. Whilst I would probably not think this an issue if I was committed to the class generally, it is a bit of a cheek really....I won't provide the service you have paid for in advance, and I will keep your money for something you may or may not want to redeem it on at some time in the future, potentially months away. I don't really think that's OK.

. But this seems really unfair when I didn't want him to cancel, I would have liked to have gone to the class!

Also, are you four? He didn’t want to cancel either.

I'd accept it, but look for a different class for next term. You'll constantly be chasing the lost class if he cancels once a term.

No, she’d just get a free class in the next run. She doesn’t mention rebooking a whole term.

I'd probably look for a different class. With mine, you can cancel up to lunchtime on the day (for an evening class) and if she cancels, we get a class credit (but we tend to buy a bundle of classes in advance anyway, as it works out slightly cheaper.)

I'd be quite pissed off at being charged for a class that never happened. It might be in his Ts&Cs, but I'd be looking for someone with better terms. Yes, he might still have to cover the room costs, but that's part of running a business.

Yes, this is it, you don't get a free session this term, but it's just taken off next term. So I think you just lose out if you don't book another term.

I've been doing exercise classes for years and never come across this, so this has put me off and made me want to find another class, but this means I'll have paid for more sessions than I've actually had this term!

It's £12.50 a week so not cheap either.

Talk to Trading Standards.

My kids’ council run swimming lessons did this, its sensible not to have the admin of lots of refunds when most people’s will be happy with a credit. If you weren’t continuing they would then refund the credit. Surely you could ask just to take the lesson due to you in the next term and advise you’re not continuing if it bothers you so much.

No he needs to refund you as taken money for nothing. He made up the terms and conditions which doesn't mean they legal. The it you don't want to book another term if he keeps doing this. What everyone else in the class think...if you all walk because of this he very silly. Talk to trading standards

So I think you just lose out if you don't book another term.

You think or you know for sure?

This would really put me off.

I went to a baby class where the leader would cancel regularly and then try to suggest everyone went to one of her other classes in a different day/ location.

Alternatively she would give you a free class next term but was deliberately flakey and would leave it to you to ask for the free class, she wouldn’t do it proactively. Probably hoping people would forget or be too embarrassed to ask for money off.

I stopped going because of it.

In that case, if/when you decide to cancel, let him know and ask for a pro rata refund for the cancelled class. If he refuses and points you to his terms, you can quote my extract from the CRA.

It may be that he just hasn't put it in his terms, or he's being a bit sneaky to encourage people to keep booking. He should make it clear about what happens to the credit if they don't book another term.

Is the class limited numbers?

I find mind the idea of a class credit if I can use it via dropping in on one of the next terms lessons (prebooking with instructor) without having to prepay for another 8 weeks of classes.

I'd understand an instructor's reluctance to do that with beginners, but you sound like a regular yoga do-er, so could probably cope with a single one-off session.

Exactly.

@CalmerChameleons you're making lots of assumptions, you need to ask some questions.

of course you'd rather have gone to the class, but he needed to cancel, that's life.

I changed my vote for this. Class credit which can be used as you wish - reasonable. Class credit which only applies if you book another long course - not reasonable.

Yanbu that's unfair. I run a small business. I would offer credit OR a refund. Tbh most people take the credit (as I give them first dibs at rebooking) but the offer of a refund is there.