Good day,I made a booking for a painting...

Asked by Shikara on 09-12-2020 07:52:27
Question posted in the Consumer Protection Law category relating to KwaZulu-Natal

Good day,

I made a booking for a painting lesson for my partner and I via a service provider called Pause and Paint whom I found on Instagram, the booking was made via direct message on Instagram as the post advertised. When I made the booking I was required to pay upfront via an EFT which I did, later that week the service provider messaged me letting me know the class was postponed to the following week as she was having to go to for a COVID test on the day of the original lesson.

I informed her I could not attend the new lesson and requested a refund, she then informed me that they do not do refunds but I am welcome to attend any lesson in the future when I am available. None of their adverts, nor the payment guide stated that the booking fee was non-refundable, when I informed her of this and insisted on a refund she said they don't have any terms and conditions as this is an unforseen circumstance and this usually does not happen but due to them buying material for each painter when they book, my refund is not possible and since she is a 4th year law student she knows, legally she is not doing anything wrong.

I did tell her that I was not sure when or if I would be able to attend a lesson but she insists it's an open voucher and it doesn't matter when I can attend, it will still be valid.

If her business does not have any terms and conditions (which she has very clearly confirmed) and they did not inform me of the non-refundable booking fee prior to or at the time of the booking, legally do I have to accept the voucher to attend a lesson whenever I can or am I entitled to a full refund?

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