How do I get a refund for money that I gave to a sports club that my daughter no longer participates in?

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How do I get a refund for money that I gave to a sports club that my daughter no longer participates in?

I paid $3000 to a basketball club for my daughter for this summer. This was to include numerous tournaments fees, air line fees, etc. My daughter participated in only 1 event. We then decided to not continue with this club. How can I get a refund of a portion of the payment?

Asked on July 8, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may not be entitled to a refund. As a general matter, the law does not require refunds if it is the buyer who chooses to not go ahead with a purchase or service, or who does something making it impossible to go ahead with the purchase or service. From what you describe, it was your choice to not have your daughter continue with the club; it does not appear to have been the result of anything the club did. In that situation, while the terms of service, agreement, contract, etc. could certainly have provided for a right of refund--or they could otherwise agree to provide one--the club was not entitled to give you a refund; as long as the decision to not continue was yours, they may keep the money. If they committed fraud--e.g. they lied or misrepresented in some material, or important, way--and that why you decided to not continue, that would be a different story; fraud often provides a basis for recovery.


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