What are rights as a customer who paid for a service but did not receive it?

I pay I monthly fee for a 30 minute weekly class. The business has cancelled the class 5 times in the past 5 months but has not offered a refund nor are the willingly to as I have reached out to them. Are the required to reimburse the customer for the cancelled class. In the contract, there is a policy if the student misses the class but therein nothing about when a teacher cancels the class.

Asked on March 8, 2019 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

They cannot keep your money without providing the service they are supposed to provide: doing so is a breach of contract (the agreement under which they are to provide service in exchange for payment). Unfortunately, if they won't voluntarily repay you, to enforce your rights and get your money back, you would need to sue them for breach of contract, such as in small claims court as your own attorney ("pro se").

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