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Legalion   26 October 2024

International college not providing refund. urgent help



I was not able to land a good job for months ,so in my desperateness I consulted a famous edu. agency to get me an admission abroad even though I really did not want to study.

I received an offer from a college in Europe for their MSc program (1 year course 13000 EUR + 500 EUR deposit)last month for the January 2025 intake. I paid the deposit initially and paid the entire fees (which is required for the visa).

But then I landed a job that I liked.

So I emailed the college saying:

Due to some unforeseen circumstances that lead to personal commitments I have to cancel my admission , I wish to withdraw my admission to the master's program.I kindly request you to initiate the refund process of the course fees and also request your full cooperation. The uni rep in the admission team straight out replied that the fees is non refundable.

Now these are their terms and conditions for fees and cancellation:

# 5. Fees and Payment:

5.1 In consideration of the provision of the Services by the College (and, where applicable, \_\_ Services), the Student will pay the fees set out in the Offer Letter at the applicable time. The Student will thereafter be liable to pay the College any other fees due to the College from time to time with respect to the Programme of which the Student will be given notice.

5.2 Fees will become due for payment on the date set out in the Offer Letter or on any other date specified by the College.

5.3 Where the duration of the Course is for more than one academic year or the Student elects to repeat the academic year, fees will be due to the College prior to the commencement of the academic year.

5.4 Fees are subject to change each academic year.

5.5 Should the Student pay by way of cheque and the cheque is subsequently dishonoured, the Student will be liable to pay the College a €25 fee to cover administrative and bank charges.

5.6 If the Student does not make any payment due to the College or \_\_\_ Services by the date specified, the College or \_\_ Services may charge interest to the Student on the overdue amount at the rate of 7% a year above the European Central Bank rate. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Student must pay the College or \_\_ Services interest together with the overdue amount.

**5.7 Subject to clause 5.7.4, if a student visa application has been refused, then the amounts paid, including deposits and unutilised fees, will be refunded less an administration charge of €100 (plus any courier and transfer charges) on production of the following documents:**

**5.7.1 original copy of the visa refusal letter;**

**5.7.2 copy of the Student’s passport showing both the photograph and signature; and**

**5.7.3 where the payer was not the Student, an original authority letter from the Student authorising the repayment to the payer.**

5.7.4 Section 5.7 applies only to visa applications made outside EU and does not apply to International Students already resident in EU who are applying for renewal visas. For International Students already resident in EU, fees will not be refunded under any circumstances after commencement of the course. Where a visa is required to be renewed during a College Programme of study, it is the responsibility of the Student to confirm with the relevant authorities that the renewal application will be approved.

# 6. Cancellation and Deferral:

6.1 The Student may (unless studying on a student visa) no later than two weeks prior to the commencement of the Programme cancel his or her acceptance by providing the College with written notice. If the Student so cancels their study, the Student’s liability to the College will be limited to payment to the College of a cancellation fee of €100 which may be deducted from any applicable refund. Any refund made by the College will be made to the original payer. Full course fees will be payable if less than two weeks’ notice is given and no refund will be made in such circumstances. Refunds are not available of any amounts paid for study materials, where the materials have been supplied to the Student.

6.2 The Student may (unless studying on a student visa) defer enrolment in the Programme for one academic year, provided the College receives written notice at least two weeks prior to the Programme commencement date (the “Date of Deferment”) and the Student pays a €50 administrative fee. The fees or any deposit paid by the Student will not be refunded but will be carried forward to the following academic year. Should the College fees change between the Date of Deferment and the date of commencement of the following academic year the Student will be liable to the College for any additional amount due and must pay it before the commencement of such academic year.

6.3 Should the Student defer enrolment in the Programme as per Condition 6.2 and should the Programme not be continued by the College such following academic year, the College’s liability to the Student will be limited to a refund of the applicable fees paid by the Student for the Programme less the €50 administrative fee referred to above.

**6.4 If the legally binding contract formed with the Student is not made in person with the Student at the College’s premises (for example by exchange of e-mails), the Student shall have the right to cancel the contract if the Student gives notice of cancellation to the College within the fourteen calendar day period beginning on the day following the day on which the College received the Student’s Offer/Acceptance Form and/or payment of any fees. If a Student exercises his or her right to cancel during this fourteen day period, he or she will receive a full refund of all amounts already paid by the Student less the cost of any services already performed by the College (or, where applicable \_\_ Services) before the end of the fourteen day period. Specifically, where the Student has received any books or other materials as part of the Services, the Student must return and bear the cost of returning the books and materials to the following address:**

PS: I recieved the offer on September 6th. But I paid the deposit a few days before that and I paid half the fees on october 4th and half on oct 7 2024 all via the education consultancy. I sent the cancellation mail yesterday and they said its non refundable. I explained in my reply mail that I am informing you well in advance before the commencement of the course in January 2025,admissions have yet not been closed for the program and none of the visa processing has been started yet. Now I am awaiting their reply.

Please can someone suggest a way out? The amount is not small that its negligible.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 October 2024

You can follow it up with the college authorities quoting the clause mentioned in 6.2, 6.3 and issue a legal demand notice seeking refund through a lawyer

Dr. J C Vashista (Advocate )     27 October 2024

Too long a story, it is better to consult a local prudent lawyer for professional advise.


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