Legal Question in Consumer Law in Hong Kong
Agreement signed/agreed by student before entering to our school, "There will be No Refunds on Administration and International Student Fees."
"Acceptance Deposit Fees will be refunded when you return to our school, year 3 to complete your Bachelor Degree with us."
Court ordered us to refund the Acceptance Deposit since we did not state on the agreement that if the student does not return to our school in year 3, the refund will be forfeited. Therefore, we have to pay the claimant back the deposit.
We have appealed, student signed and agreed, you will receive your refund if you continue year 3 with us. Now that the student will receive the refund(court order), she has to continue in our school.
Also, in our Fees list, stated, "BM Acceptance Deposit will be refunded end of the program if a student continues to year 3 at our schools. Refunds will not be considered if a student either abandons the course or is dismissed." How will that protect us when we will issue the refund even if the student will not continue with us as court order but in the agreed contract, the refund is only given when the student continues with us in year 3.
1 Answer from Attorneys
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Attorney at Law
Fahri TOĞA
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