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.

My swimming class works like this too - usually there is a cover teacher so they don't have to cancel, but if they have to cancel (eg because a child has done a poo in the pool!) they just knock something off the next month's direct debit.

I am not sure if it is in their terms and conditions, because I signed up years ago when it was still the council. I think if it's an ongoing arrangement, it's fine, you are getting your money back in effect, but if not, it's a bit unfair (eg if they gave you a voucher towards your next class or appointment -well you might not want to use them again).

In your case OP, because it's a whole term and not just a month, it is unfair.

You might want to advise him that just because his terms and conditions say so, it doesn't mean they are fair or enforceable, and you are asking again for your money back because you aren't going to rebook. He didn't provide the service, so he has to refund. Quote the Consumer Rights Act. A class credit doesn't work in this context.

That seems reasonable - if people want to continue they get a credit, if they don't, they get a refund.

Under those T&C he could cancel all classes and still be paid! It’s unreasonable imo.

If I’ve understood correctly, forcing you to book another course of lessons to receive the class credit that you’re owed means that you could end up in a continuous cycle of booking new courses for ever more, as it sounds like he will keep cancelling a few each term.

i’d keep pushing for a refund, with a compromise position of being able to use up all of your credits after your current course has expired, without having to pay anything or to rebook for the full term.

If the tutor cancels a class then it should be a refund job. I'm old school, payg, guess its all changed though, no way I'm block booking, all that pay in advance rubbish. Still plenty of drop in sessions available down my way, despite the DFL takeover in my town.

YANBU, you should get a refund for a paid service you weren't provided with. It's not your fault, so yeah, this policy is very flawed. You may want to look for a new class as well.

I used to pay for a block and if I couldn't make one session could attend a different session that week- but they were daytime, which I couldn't do. So I lost out. Now I do online YouTube classes (Yoga with Adrien, or similar) and they are free!
Do I miss going to a drafty hall for two hours on a wet Tuesday night? Nope. I can do 29 minutes a day in my own home. One teacher (Charlie Fellows, I think she's called) does them on a beach so you get the sun on the sand and the crashing waves. It's wonderful.

I had this once with a pilates class several years ago. The classes were expensive, you had to book a term, but you didn't get a refund if the teacher didn't show up (which happened several times).

This is what happened with my children's swimming classes and it worked perfectly.

Have you actually tried to leave and he's not said anything about the missed class? I would expect that you would get a free class in the next block, but get a credit of the actual money if you decided not to take the next block of classes. If you really do lose out if you decide not to take the next block then that is probably a breech of trading standards, but taking this up with the instructor or Trading Standards only works if you KNOW he won't refund you.

Yoga teachers practice of cancel/not refunding is illegal, whatever his contract states (as PP mentioned unfair term in consumer law).
Small claims court if he won't refund (if you can be bothered) which will cost him more but may make him realise where he's going wrong.
Tip the gym off as to his unethical business practice......

Is it really worth the hassle of a SCC for £12.50?

If the OP won she'd get her costs back but the process can take a very long time.

He says clients can have a refund towards their next half term of classes. If they sign up to those T&Cs but decide not to take another block of classes, it's a grey area if he is doing anything wrong.

I pay for a fitness class which you pay when you book. If our instructor cancels we get a class credit but this is fine because you can take it off the next one.

I definitely don't want the hassle of small claims etc.

I had raised the possibility of having a refund because I wasn't sure about continuing and he said no. I don't want to tell him I definitely don't want to come back for the full block at this point though, I will wait until the end of this block as I don't want to cause bad feeling when I'm still going to classes.

I definitely prefer in class rather than online so don't want to switch to YouTube -I need something to commit to, and also like getting hands on direction/corrections.

I think ‘clearly very flaky and unreliable’ is a bit of an over reaction to a bloke missing 2 classes over 2 separate terms due to illness and childcare issues!

OP - ignore all the posters that are saying you are in the wrong. @Sparklfairy's advice is spot on. It doesn't matter what his T&C say because they create an unfair contract in breach of the Consumer Rights Act by allowing himself to fail to deliver a service and then refuse a refund. The unfairness is exacerbated in the eyes of the law because you are unable to cancel without losing out financially. He could offer a voucher or credit as compensation, but denying a cash refund would be judged unfair. I'd raise this with the teacher and hope that he sees the light.

Nope. He needs to refund if he cancels the class.

Tell the gym that he's cancelling classes and not refunding people who have paid to attend. He's taking the piss. Because by his standard he could just never show up and keep your money!

Additionally, he could also set himself up to ALWAYS miss at least 1 class in a block so he can 'force' people to just lose their money or sign up for another block. That's unfair and probably violates your consumer rights.

AGain, go to the gym on this. It's not a fair practice and the gym shouldn't be allowing him to operate there with those terms and conditions.

I am a yoga teacher and couldn't get to my class this week because of car trouble I will just extend the term by a week. I wouldn't expect for anyone to pay for a full term anyway. I do either half terms or monthly.

You signed the deal. If you don't like it, find a different class

With my daughter’s drama classes you lose money if you keep the child off. But one week they cancelled due to weather and we got an extra class added on at the end of the term, not expecting we were continuing the following term. Although, we have to give a half term’s notice of quitting anyway otherwise we are charged a half term after leaving if we suddenly decide to quit. But all in T&Cs.

YANBU. We have a local tennis club with a similar policy. Always annoyed me, now I see it’s probably illegal. My kids did tennis lessons there on a termly basis. Outdoor courts so regular cancellations for bad weather, flooding etc. If they cancel (usually with half a hour’s notice!) you get a credit. But credits are not for classes, they are for a holiday club. We never used their holiday club though, as the 90-minutes-a-day that their club consists of does not enable me to do my full time job, so if we are in town I have to pay for a ‘proper’ club elsewhere, that takes the kids from 9-5. I reckon I lost hundreds of pounds before deciding I’d had enough.

A term is approximately 6 weeks, so cancelling a lesson each term would very much be "flaky".

SO many people are self employed. A good self employed person would have a back up plan in case of illness e.g. pay someone else to take the class. If they didn't have that in place, then after having to cancel the first time, they would DEFINTIELY sort a replacement just in case it was ever the case again.

Personally, I think it's wild that he wouldn't give a refund. He's not delivered a service you've paid for. It works the same wether it's a service or an item. You buy a pair of jeans, they don't arrive, you get refunded. Wether in his t&Cs or not, it's actually illegal.

somewhat unreasonable. If you get something back this term then he is reimbursing you.

You can hardly say flaky and reliable for being ill once and having childcare issues once.
I have colleagues that can claim this weekly and have actual classes to run in a school. That’s flaky. This 2 occasions may have been the only 2 occasions all year - he won’t be able to run a business on promises of credit all year!