Legal Question in Consumer Law in Michigan
My son attended a day camp this summer who stated in their policy to parents that no tuition would be refunded. "Any overpayments will result in a credit on your childcare account. This must be used in childcare tuition and cannot be refunded.� I paid them cash, have a receipt and my child will never attend this school again. I have a credit on my account, which they have stated they will hold for 3 years and will not refund. In reality, I am closing my account with this service provider and they are refusing a refund of my remaining balance. What rights do I have for enforcing a return of funds?
1 Answer from Attorneys
The answer depends on the contract. Whether the contract must be construed within the four corners (meaning literally, without any unwritten terms applied) is a question of law. From the wording that you cite, it appears that you have received the benefit of your bargain. Meaning, they offered day camp for a price, you agreed to pay their price and they provided the time and opportunity for your son to attend. If you still believe that you are entitled to a refund, have your contract and all of the details surrounding the contract reviewed by a general practice attorney. An attorney can tell you how a court would interpret this policy and whether or not the policy is enforcable as part of your contract. The law must be applied to the facts and the agreement, in order to determine your rights for enforcing a return of funds.
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