How can I get my money back from a company for a service that was not entirely completed?

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How can I get my money back from a company for a service that was not entirely completed?

I paid $190 per month for a total of 9 months for my daughter to take unlimited dance classes. She dances 12.5 hours a week so that breaks down to $15.84 per hour. The owner canceled 31 classes over the year for a total of 27.3 hours of dance. Those classes/hours were not rescheduled nor did she credit me for those hours. I would like to collect the $432.27 for the classes I paid for that my daughter did not get. I feel that is unprofessional.

Asked on April 25, 2012 under Bankruptcy Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A contract, such as an agreement to provide dance lessons in exchange for a certain payment, is enforceable. If one party breaches the contract, the other party could sue for damages; in this case, if you did not receive the classes you paid for, you could potentially sue for a return of the money paid for those classes.

However, a key factor will be what exactly were the terms of the contract: if the dance studio did not promise that specific classes would be available (or be made up if cancelled), but rather the agreement was simply that your daughter could take as many classes as she wanted from their schedule, without committing to any particular class times, it may be that they have not actually breached the agreement. The first thing to do, therefore, is to review the agreement closely, to see what was and was not actually agreed to.


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