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.

I used to run classes in six week blocks.

If I were forced to cancel I’d run another class for free.

If anyone was unable to attend that class I’d offer a refund.

I think a class credit is ok.

This is wrong, if the teacher cancels there should be a refund. This is how it is with all of my classes.

My yoga teacher has not been able to run her class on two occasions, but has found a qualified replacement teacher.

Only if you rebook next term? It’s a deferred, conditional credit. Most classes I’ve attended and prepayed often offer additional extra classes at the end of the scheduled term to make up for missed classes - or a refund. However, it’s in his terms and conditions, so - personally, knowing he is often absent - I’d find a more reliable teacher/class.

very unacceptable (I run dance classes and I charge for missed classes but refund cancelled sessions). In this circumstance if he won’t refund it should be acceptable for you to attend the first two sessions of the next term to use up your credits without signing up for the next term. He owes you those classes or a refund for the amount.

Yes this is unfair. We went to a baby class that tried this on at the start of Covid. They lost all their customers.

Sorry I’ve not RTFT so not sure if this has already been suggested, but could you try saying to him that you can’t commit to a full term next time, so will just take your two ‘owed’ lessons from when he cancelled at the start of next term? He will probably try and argue it, but might be worth a try. Then find a new class.

You signed for T&C and while it may seem unfair, you agreed to these terms. It is a standard practice to offer a credit towards another session.

YANBU ... although he really should have set up the business so he has someone to cover which is probably what I'd prefer than someone coke anyway and make me sick (or offer classes online)

That's quite standard. I'd be happy with a class credit.

So basically he’s discounting next terms invoice he may as well give you the refund now, he’s in the same financial position either way except with his way you have to book another terms worth of classes to ‘get your money back’

Please don’t waste their time! It’s in his Ts and Cs so he’s well within his rights.

The only exception I've ever seen is children's classes, where they're already timetabled in for the termly (for example) classes, so cancellations are taken off the overall bill, and the same if the child is ill.

A business can put whatever it likes in a contract, but terms can't affect statutory rights, and if it's an 'unfair contract term' as this seems to be, the term is invalid anyway.

Just because it's in a contract and the client/customer agreed to it, it doesn't override the law.

A landlord can put in a tenancy agreement, 'The landlord can enter the property without notice whenever he likes' - but he's still not legally allowed to do it!

Exactly this, it’s not possible to contact out of the consumer act.
if he cancels he has to refund you, unless you choose to take a credit.

They will intervene if the T&C are unfair. A business cannot make up any T&C which are wildly in their favour and enforce them

If she is being forced to sign up to another term and spend more in order to make use of the credit, this is an unfair term and cannot be forced.

That's unfair. You would lose out if you do not continue the next term. I would point this out to him and if he's not amenable to a refund or arranging for a replacement lesson this term, I would look for another instructor.

would or wouldnt?

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.
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This is a bad practice as you shouldn't need to buy another term of classes. He should offer a refund for a class if he cancels. I would find a new class.

If he allows you to just go to your ‘credit’ classes next term without signing up then I’d probably be ok with this. But I can see why you’re annoyed if you only get to use the credit by booking another term.

Why don't you ask if you can just have one free class?
My Pilates teacher takes 10 classes worth of payments and you have to use them over 10 weeks, if she cancels it runs on to your next block and you start the next block later. If you were not renewing you'd have that one extra class before quitting.

That's not on at all. He needs to refund if he can't run a class.

Were you given the opportunity to read through the terms and conditions before handing over any money?

Has he changed them since you paid?

If you knew about this clause before paying, then that's on you. If you didn't read the T and Cs before paying, that's on you.

If he's changed them or only just given you the opportunity to read them, then he's in the wrong.

I'm self employed and many, many people book my services without bothering to read my T and Cs. In those cases, why should I be out of pocket? I am sick of people whinging, "It's unfair......" when they have been made 100% aware of my T and Cs. I do not make exceptions for their error.

Personally, if I have to cancel a lesson, I offer a refund, account credit or reschedule. However, this is in my T and Cs as it works for me. It's not in his.

The only part that might be unfair, is if you are forced the spend more money to receive your account credits. Is that the case? If so, what did he say when you pointed this out before booking classes?

YANBU

Erring slightly on the side of YABU - he is giving you the opportunity to take another class. If you can't do this without having to pay for a block then that would be an issue.
It's in the Ts&Cs , vote with your feet though and find another class as this set up clearly doesn't suit you (and I would imagine wouldn't suit a lot of people).