The Consumer Protection Act provides significant protection for consumers; the Act does not, however, remove the obligations of consumers when undertaking an agreement.
“A small business hired a hall for an event scheduled for 7pm on a Saturday night. The event was a choral concert and so sound engineers, lighting engineers and stage props were all lined up. At 6pm the owners of the hall cancelled because there was no electricity. The electricity remained off until about 10pm. Substantial costs have been incurred by the concert organisers. Given the circumstances, can the hall rental be claimed back from the owners by the organisers?” writes Lauren.
Maya replies: According to lawyer Nicky Campbell of the South African Law Centre, section 54 of the Consumer Protection Act entrenches the consumer’s right to demand “quality service.”
Quality service includes the consumer’s right to the timely performance and completion of services rendered by the supplier. Where the supplier cannot render the services, the consumer is entitled to the “timely notice of any unavoidable delay in the performance of the services” (section 54(1)(a)).
Campbell says “if a supplier fails to perform a service for whatever reason, the consumer may require the supplier to either remedy any defect in the quality of services performed or refund the consumer a reasonable portion of the price paid for the services, having regard to the extent of the failure (section 54(2)(a) & (b))”. In other words you would be within your rights to ask for a refund, although the owners could withhold a reasonable portion as they would also have incurred a loss.
If a venue is cancelled due to bad weather, Campbell says the supplier must provide the client with an alternative date. If the client declines to accept an alternative the supplier is entitled to charge a reasonable cancellation penalty.
Reasonable cancellation charges
When it comes to refunds, Campbell says section 17 of the Consumer Protection Act is also of relevance as it gives the consumer “the right to cancel any advance booking, reservation or order for any goods or services to be supplied.”
Where the consumer exercises this right, the supplier may impose a reasonable charge for cancellation of the order or reservation.
The question of what is considered a reasonable charge depends on the circumstances. Campbell says a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to:
(a) The nature of the goods or services that were reserved or booked;
(b) The length of notice of cancellation provided by the consumer;
(c) The reasonable potential for the supplier, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and
(d) The general practice of the relevant industry.
The only instances where a supplier is prohibited from charging a cancellation penalty is where the consumer cancels the booking, reservation or order because of the death or hospitalization of the person for whom, or for whose benefit the booking, reservation or order was made (section 17(5)).
I have a supplier who owes me a refund from end 2019 but by covid had not settled, now that i want to use the credit the supplier has since changed ownerships and they don’t want to pay the refund, can they do that?
To be honest it would probably be a legal battle. You could try lodging a complaint with the Consumer Goods and Services Ombud. http://www.cgso.org.za/cgso/
Hi,
I enquired about pricing on solar panels. A price was emailed to me and said that an order will be placed once payment is done. (this was on a Saturday) – payment was done. In the beginning of the week they send the official quotation and notify us that the amount we paid was excluding vat and that we now have to pay more. I then phoned the supplier requesting to cancel the order and for a refund to be made. They want to charge me 25% handling fee. They hadnt received the panels from their supplier when I phoned to cancel my order even as yet. Is it legal to charge 25% handling fee when the actual price was not stipulated on email and also if they hadnt received the stock as yet?
Did anywhere on the quote state that it was excl VAT?
If not that is misleading pricing
I suggest you take this up with the Ombud https://www.cgso.org.za/cgso/
Hi. I hired in a painting contractor to strip and clean the cement roof of my house and then to paint it with a liquid rubber paint to seal it. I agreed to the quotation that they submitted to me. While it was raining my house was flooded with water several times. We realised that the paint was not a liquid rubber paint and that it could have been any paint that they painted on. The contractor said he will sort it out, but he came back and said the supplier of the paint does not want to supply him with paint any more. He said he will sort it out and that i must wait.
Meanwhile I also asked for a quotation to paint the rest of my house.
In this quotation it stated that it would have been a 15day job. This quotation was agreed upon on the 25th of October 2021. I am writing this letter on the 31st of March 2022 and my house is about 30% painted. The Contractor had about 4 different teams of people in my yard up to date every time he says that the people doesn’t want to work and all types of excuses so he had to get new people. Some times they will work only for two days in the week and will only start work between 9 and 10 in the mornings and will pack up at about 4 o clock in the afternoon. Hence the job not getting finished. As we speak I know that the Contractor has spend my 70% that I had to pay upfront before work would start. My problem now is that he doesn’t have money to finish the job and is dragging it out more and more, wishing that I would chase him away, but I can’t because then I will lose all my money that I have payed.
This is a big problem for me because I want my house done and the contractor of my premises.
What am I to do?
Speaking to him doesn’t seem to bother him, because when I said to him that I am thinking to go and see a lawyer he just said that I must do what I have to do.
I am not knowledgeable on non-financial companies but this seems to be a problem people do face when working with contractors who are not reliable. First try the National Home Builders Council https://www.nhbrc.org.za/how-to-lodge-a-complaint/- if they are unable to assist then maybe you do need to go a legal route?
Dear Maya
My contractor has disappeared with the deposit that I paid him. He is no longer required to do any worker. I would just like to get my money back. He has sent me an email stating that he will pay back the deposit over three instalments. I agreed to the terms but I have yet to see a cent. What is my recourse, if any?
This would be a legal matter. You can lay a charge at the police station.
Good day Maya.
A few weeks ago, I purchased a “new” car out of town. I contacted and aranged with a car carrier company to load the car on their truck and bring it down.
Unfortunately because of them not communicating the exact address in time to me, I could not make it to their depo and as such had to drive the car down myself.
My question to you is can I get a refund for this?
It all depends. Under the CPA a company change charge a “reasonable” fee to cover costs in the event of cancellation. If you can prove it was their error, then you may have an argument. The Consumer Goods and Services Ombud would be a good place to start if you feel you have a case.
Does a supplier have the right to refuse refunds (after bad service or bad quality goods) and insist that a customer must take credit or alternative goods?
How does this apply to online purchases?
Section 55 & 56 of the Consumer Protection Act covers this. You can look up the exact clause but it specifies that if the goods are not suitable for the purposes for which they are intended or otherwise fail to comply with the requirements listed in Section 55, the consumer is entitled to return them, at the supplier’s risk and expense and without penalty, and obtain a refund or have the item repaired or get a refund of the price paid. The choice is the consumer’s. The consumer must return the goods within six months of being delivered. The practice that some retailers have of giving a consumer vouchers rather than money will not be permissible if a consumer insists on a cash refund.
Good evening
My Sister bought a solar panel owing to load shedding in her suburb and because she had to work from home. A month later she started experiencing problems with the panel especially when there was load shedding the solar could not supply electricity. the seller came and fixed it on two occasions but the problems still persists. she asked for a refund after two months but the seller remained silent about the refund. Now its six months what can she do?
Key point here – solar panels cannot feed into your DB board during load shedding. They can only feed into a battery and the battery feeds into the DB board when there is load shedding. She may have been mis-informed. https://mayaonmoney.co.za/2019/04/the-loadshedding-guide/
Hi Maya,
My query is with regards to the Mango Airline funding issues, uncertainty and interruptions. We purchased tickets 9 April 2021 for 1 May flight to CT for family holiday. For the last 2 weeks we have been calling and emailing Mango call centre with no answers and no way to cancel or get a refund.
The airline knew they were in trouble but carried on taking bookings. I booked alternative flights with another airline for same dates and times.
If you purchase a service/product and face such uncertainty – what is the route to take to seek a refund, if any? Which part of the Act guides this and how do we proceed from here?
The airlines are chaotic. Only if they go under and do not refund can you do a chargeback. Otherwise just keep nagging!
Hi I’m Elizabeth-jane a client requested planks for their offices when the product went there the first time they stated that it was not what they wanted,they then requested specific planks and paint after we had already bought a different type….the second time we installed they requested for it to be taken off as they said it was not what they wanted as well….then they are now requesting for a refund and as mentioned in the quote that it is not refundable…I don’t have the funds to refund what now?
Good day,
My wedding venue just told me – two weeks before our wedding, that she didn’t give us the 2021 prices for the venue. We would’ve got married last year Oct and because of Covid we had to change the date to this year April. We did pay a deposit last year to secure the venue.
She now demands an increase in price per person and have to pay otherwise we cannot use the venue anymore. Any advice to what to do next?
This is a grey area but I would feel that on a fairness basis she should be more flexible. You did not demand back your deposit last year and are acting in good faith. Unless there are specific costs that have genuinely increased for her like the cost of the food. You could approach the Ombud for some opinion.
Hi Maya,
I was wondering if there’s a legal timeframe within which a supplier has to action a refund. I bought something online with my credit card, and the company quickly told me it’s out of stock.
They’ve now said that their “usual” turnaround time for actioning refunds is 15 working days, but that they’re somehow behind and I can expect it to take longer than that.
It was a lot of money that I’m now out of pocket for. Is there any law or indication in the act about how quickly a refund has to be processed?
Any other time refunds have needed to happen in my experience, it’s just a quick process on the supplier’s side and the bank actions the refund. I don’t see how they can justify a minimum 15 working-day turnaround time 🙁
The law is 15 working days, so they are outside of that. Lodging a complaint with the CGSO can take time, you are better off asking your bank about a “charge back” – one of the benefits of using a credit card. https://mayaonmoney.co.za/2020/04/when-do-you-qualify-for-a-chargeback/
Thank you for the quick response! 🙂 I really appreciate it!
Hi
I have a cousin who paid for a Forex trading course back in June 2020. the person assisting him gave him poor service. my cousin eventually complained to the person. the guy promised my cousin that he would refund my cousin as compensation for service he gave my cousin. My cousin eventually became frustrated with this person because he still gave my cousin poor service even after my cousin complained.
my cousin has been asking this guy to refund him ever since the agreement was made to get his refund back in June. he was told he would get refunded back by end of September 2020. We are now in January 2021 and my cousin still has not been refunded the money he was promised by this person. Every time he sends the person a message with regards to the refund issue he never gets any response. He never got any value from the course yet he paid for it in full, the package included in the course was never delivered in full as stated in their response to my cousin’s inquiry when he first asked about their course.
my cousin wants to open a case against this person now because he has proof of payment and screenshots of conversations with this person as evidence that he is supposed to get a refund.
Is he eligible to open a case against this person and the company?
Thank You
It is a tricky one. I would suggest he contact the Financial Sector Conduct Authority FSCA. They are investigating these forex courses because so many of them are scams.
https://mayaonmoney.co.za/2017/09/myths-truth-forex-trading/
https://mayaonmoney.co.za/2012/01/how-to-trade-forex-for-free/
Hi
I have a cousin who paid for a forex course from a certain company in june2020. He was told the course is 4 days. He got bad service from the person that was teaching because they would make an agreement on when to have the lessons and when it was time for the lessons the person would’nt avail himself for the lessons. this would go on for a few weeks until my cousin eventually complained about the service he got from this person.
The guy made an agreement that he would refund my cousin back as compensation and promised him that he would teach him for free. Again when it was time to have the lessons, the person would not avail himself again and this still went on for another few weeks and this kept inconveniencing my cousin. few months passed and my cousin still never got the refund he was promised and now this guy makes my cousin seem like the bad guy because my cousin keeps nagging him about getting the refund he was promised from this guy.
In September my cousin was told he would get his money at the end of the month. now we are in 2021, my cousin asked the guy when he is getting his refund back and he is not getting any response. My cousin never got any value from the course, my cousin never got the full package mentioned in their course which he paid for in full.
is my cousin eligible to open a case against this person and the company because he has proof of payment, screenshots of conversations where he was promised his refund?
it is worth reporting them to the FSCA as they are investigating these type of operations https://www.fsca.co.za/
Hi
My friend is a well known artist. A Customer came to the Gallery and asked for a commission to be painted. She requested a 60 % deposit of R 14 450. She completed the painting in 2 weeks and send him the pictures. He then changed the painting about 9 times. Here to light, here to white , here to dark etc. Eventually she decided to re do the painting from scratch.
She send him the pics and then again about 10 variations later he said he will come and have a look. He never showed, always excuses.
She then did a third one and then he wanted the very first one that she made 10 changes to.
We are talking 6 months in total.
Eventually he said that he want to cancel the commission and and wants his money back!
She said she will try and sell the painting but to date nothing.
He is demanding his deposit less R 850 for the canvas.
How much of this deposit is legally refundable? The paint alone was about R 4500. The 3 canvasses was R 2550 and then time, well that was hours and hours
Many thanks. Awaiting your response
sorry to be blunt but it seems this is an a**hole customer. You get them from time to time. The best protection is a signed agreement upfront about how many changes/approvals are allowed and a clear rule about when deposits are refundable or not. There isn’t really much law around a case like this but I think your friend can easily argue that the deposit is a fair cost for the work done. A provider is allowed to withhold a deposit to cover costs – she could reply with a per hour rate, the number of hours to show that the deposit has covered her costs.
Many thanks. She has a Contract in place now ( Since this morning!) and will issue it with every commission. Thanks for your help
Hi, my husband and I bought laminated flooring, we were waited up to 4 weeks for flooring to be supplied after being told it will be supplied the next week after purchase. When we realised they are not delivering “due to stock contraints” we requested for a refund. They refunded less then half of the money and we are still waiting for the rest of the money its been more then 2 months. What can we do to get our money back?
Probably best to contact the Goods and Services Ombud
Good day Maya,
I booked an paid 2 x nights accommodation in 2018. I was unable to attend and was advised they would keep the full payment as a credit. I tried to rebook for 3 x different dates thereafter and they were fully booked on all dates.
I have requested a refund, as I am still unable to travel and suggested they keep 10% of the payment for admin, etc.
They refuse to refund.
Please advise whom I can contact to get refunded, as they flatly refuse (one man business, so no head office to go to).
Thank you!
See what associations they belong to like FEDHASA and raise with them. Or you can lodge a complaint with the Ombud
Thank you
Hi. A letting agent placed a tenant in my property, but did not show up to collect the keys for her client, nor did she do the inspection of the property until two days later. The client showed up to start moving in after 6pm on the 1st day of the month and I hadn’t received the deposit, the rent, or a copy of the lease from the agent… Eventually received it a day later, after talking to the principal of the agency. Two days later, I complained to the principal about the lies that the agent told the tenant (false undertakings for me to remove some of my furniture items, of which was not stated in the lease) and the tenant being adament that I should remove those items took me to the Housing Tribunal.. The principal offered to refund the commission paid to her if I sent an email stating why I was dissatisfied with her services. Days later she emailed me, stating that they agreed that no commission would be charged for the tenant and that they would refund the money to me. They did not. When I emailed weeks later, threatening to take them to small claims court, they then got their attorney to respond, stating that they withdraw and deny any offer to refund the commission as is due to them and if I expected the refund, it would be viewed as personal enrichment. My question is whether their email whereby they withdrew their right to the commission, stating that they would refund it, is legal and binding. It is a written undertaking, so can I hold them to it. The agent caused a lot of unpleasantness and all the negatives caused the tenant and I to start of on a bad footing. Ethically speaking, due to the lies she told the client, just to get her to take the accommodation, as well as not paying the monies due timeously and everything else she did to cause problems, I don’t feel that she deserves to keep the commission. What are the rules for a refund and can I hold them to the email they sent, undertaking to refund the commission to me?
There is a body that oversees estate agents – you should ask them to mediate https://www.eaab.org.za/
Good day
I’ve made an offer to purchase a house last year June until today I haven’t gotten the house. I have payed the lawyers transferring fees of about R32 000 and at the beginning they use to give me feedback on a weekly basis and now they no longer do, when I asked what’s happening there is no straight answer instead everyone is shifting the blame to the other one, both transferring and registering attorneys.
The agent made it clear that I must not contact him anymore as the matter is with the lawyers I must be communicating with them.
Somewhere somehow I’m starting to think that this deal was a scam. I just want to know if I can get a refund of my money and cancel the deal because its really draining, it’s close to 2years now.
Gosh that is very concerning. Contact the Law Society https://www.lssa.org.za/complaints/
If we offer courses in the main course of our business, is our cancellation policy allowed to be that if you cancel or don’t come, you forfeit the fees you paid, or are we obliged to give a refund/credit
You would need to discuss that with the Ombud office. I think non arrival could warrant no refund but cancellation within a reasonable period would warrant a refund
Hi, I’m a catering company that depends on the clients deposit to manage to do work for them. I was booked for catering by this other company, I arrived an hour and few minutes late because of traffic and other unforseen circumstances. I was communicating with them all the way they even told me not to come anymore they had organized something else to eat but I went any way for them to see that I cooked and spent money on the food. Now they say they want a refund and I usually do catering for them, this is the 1st time we experienced this. Honestly my business is not doing well and I’m unemployed, I cannot afford to pay them back. Please advise on what to do in this case.
This sounds like a mediated issue, it is not clear cut. They did not receive the services, so in theory they can request a refund. maybe you can come to an agreement?
Hi there, I’d like to find out how one goes about getting a refund when the service provider refuses to refund your money or rather decides to go silent on you.
I ordered a bed, paid in full and it was delivered with lots of mistakes. Collected in July amd have nothing to this date. Service providers refuse to provide a delivery date, very wishy washy about being able to produce the quality of the bed i bought.
What can i do, who can i contact for assistance in this regard.
Thank you.
You can contact the goods and services ombud https://www.cgso.org.za/contact-us/
Hello,
This is a small incident but I feel it may be unreasonable.
My neighborhood was supposed to host a charity Halloween event and three days before the event, it was cancelled due to unforeseen circumstances. A friend and I had gone to a costume shop, which I have used several times before, to hire costumes for our families and as soon I was notified the event was cancelled I contacted the costume shop to let them know and to cancel our hire and asked for a refund. We have not collected the costumes so we have not used them and I notified them before the set of collection.
They refused to get us a refund and said we can only get our deposits back. The deposit is a lot less than what we paid for the hire. At no time did they say anything about cancellation fees or anything.
Can they do this?
They should have their deposit/refund policy clearly stated. You can raise the issue with the Ombud for Consumer Services https://www.cgso.org.za/contact-us/
Hi Maya
I have a client who signed & accepted a quote in March 2020 for service & installation to be done. They then requested the product being used be upgraded to something more expensive but did not sigh the quote acceptance. In the interim my company completed all of the ground work at the site to have the installation competed. Covid then happened and all of the work was placed on hold. However there were a few emergency call outs made during lockdown but not charged for because a deposit was being held in good faith. The client then decided that they will use up their money for something else & does not have the money to complete the installation any longer. What happens in the case? Am I obligated to refund the deposit even thought it causes a loss to my company
What are the conditions of the deposit? If its not refundable, then its not refundable
Good evening, I recently had an online consultation with a medical spa for a cosmetic procedure (hyaluronic acid fillers). The appointment was not in person and I was invoiced R 111 600 for the procedure which I paid. I then found out i was possibly exposed to Covid and wanted to cancel the procedure and request a refund. I understand if a cancellation fee was charged but I didnt even have a confirmed appointment date. Merely informed that once I purchased the medication that I was provided a script for then I will receive an appointment date. They are refusing a refund claiming that the Dr has already purchased the filler and therefore no refund. The thing is its just filler that can be used on other patients. I am told i must come in when I’m better. Is it legal for an invoice to state no refunds or exchanges when i didnt have a confirmed appointment date What? What are my options?
It is tricky – they need to show that there were losses which the deposit covered. you can lodge a complaint with the Ombuds
Good evening
I had paid a deposit of R16000 in November 2019 for my wedding in July 2020 to a catering/decor company . Due to the CoVid 19 I requested my refund. I had not signed any contract with them. The owners are now being very difficult. I even stated they could pay me back monthly but do not want do and keep stating due to the virus they cannot. However they invested my deposit in their business instead of keeping it for my function. Please help
Refunds are a huge issue with COVID. My suggestion is that you lodge a complaint with the Consumer Goods and Services Ombud https://www.cgso.org.za/
Someone is willing to buy the gold coin from me and he said I must first pay the R1500 fee so that my money will reflect on my bank account, when I pay it will it be refundable if he doesn’t give me my money
that sounds very dodgy! go through a recognized dealer
Hi,
I decided to get an online personal trainer and pay an once off fee for 12 weeks. After one week I feel I just want to do 4 weeks. I asked the personal trainer for a refund and he refused to give me a refund. He also don’t have refund policy. What can I do to get a refund?
If it was part of a special offer – eg: a discount for booking 12 – then there may be an issue with a refund.
Hi…
The client paid me the deposit and then we went ahead because policy is to start building as soon as the deposit was paid. The product was build according to client specifications and finished. But then the client cancelled the product when i wanted to arrange the pick-up of the already finished product. She is demanding her deposit back.. Do i give her the full amount or may i subtract cancellation fee as the product is already made and ready.
Thanks…
I would think the deposit was to cover your costs, so if you incurred costs you keep the deposit
My husband and I booked and prepaid in full for a honeymoon trip to Hluhluwe Mfolozi from 23 – 26 March 2020 (this was before lockdown was announced). We had contacted the travel agent on 22 March to confirm that the lodge was still open and they said that all was in order and the lodge was ready to accept us.
When we got to the gate in the late morning of Monday 23 March, the gates were closed and the guard said they were not letting guests in or out. The agent apparently had no idea.
We aren’t able to get back to the lodge in the foreseeable future due to financial and work difficulties, and we have requested a refund.
Would the agent be liable to refund us, as we could not use the service paid for?
Thank you for your time and advice on this.
you would need to find out why they were closed. If it was because they had an active COVID case, then their insurer would have paid out and you should be refunded. In many of the lock down cases refunds on deposits have not been made and credits have been provided instead – but this case is different, so find out their position.
Does the CPA allow for advanced payments to not be refundable? I paid daycare fees for the whole of 2020, have a Doctor’s letter that stated I should rather not send them back to school, and the school’s contracts states no advanced payments will be refunded. They won’t be attending the school next year, and the school is refusing to refund my money.
I signed the contract, does that mean I just don’t get my money back?
If you have a legitimate health reason for your children not to return then that could be a case for refund. However, if they are offering an online option then that may make it more difficult to request a refund
Hi.
I bought a firearm from a very well known South African shop. I haven’t applied for the firearm licence yet and also still need to do the competency test.
At the time of purchasing the firearm, the sales person asked if I want to pay an additional fee for them to do the motivation on my behalf for buying the firearm and I said yes. Nothing was mentioned in terms of what will happen should I cancel the request for the motivation.
Less than 2 weeks post me buying the firearm, I called the sales person and advised him that my sister already arranged a motivation for me through the same person that assisted her with a motivation.
I also highlighted that I understood there might be a cancellation fee and that I didnt want the money back, they could keep the refund or part of it as a credit on their system. I can always use it to buy something else at he store in future.
The sales person advised that he would need to discuss with his manager. After a few days he notified me that they will not pay any of the motivation service fee back as I cancelled more than 7 days post paying for this service. The salesperson said that they already paid the company who does the motivation on their behalf and will therefore not refund me anything.
I asked who the 3rd party company was and he said it was a division of the bigger company. I said that I don’t see that it is right nor legal to keep an entire service fee post cancellation if the service is and will never be performed.
They just advise that they understand but sorry that is the way it is.
Please assist. The motivation service fee is ionly R840, but I feel it is about the principle. Not sure what my legal rights are.
Thank you
This falls into the murky space of “reasonable’ – if they can prove that the work was already done, then they could argue for the full fee. If no work had been done, then there is an argument for a refund. You would need to take this up with the Consumer Goods and Services Ombud or National Consumer Commission
Hi there
I run marketing agency that took on a client in June. The client wished to distribute a song and music video to major tv and radio stations in South Africa. An agreement with a term of 3 months was signed and a deposit of 50% paid. However, we experienced several delays with the client after signing. The necessary information & codes related to the song (needed for radio distribution) were sent by the client to us a week after the agreement was signed, and the video was sent 3 weeks after the agreement, delaying the distribution process. Once the song was received, it was distributed to 131 stations and a report on this was sent via email to the client within the 2nd week of the contract. Additionally, once we received the video we began distribution for it within the 3rd week. However, in the following days the client called us and cancelled our agreement without notice of bankruptcy (a breach in the contract) and demanded a refund, despite delays on their part and services being rendered for approximately a month at that point in time. They have now pursued legal action demanding the refund, in addition to claiming they have paid us more than the 50% deposited, wishing to issue a summons. How do we protect ourselves against such claims?
Unfortunately it sounds like you have to go the legal route. Probably best to ask a lawyer
Hi. I made an incorrect payment to netflorist – no service or goods in return. They have been giving me the run around on the refund and its already been 9 days. What are my options?
At this stage the Goods and Services Ombud – or lodge a complaint on HelloPeter – they are a big brand, I am sure they will refund you
Hi,
I requested a full refund from the photographer I booked for my wedding and he claims that according to the CPA he has up to 45 days to process my refund. Is this correct?
Kind regards,
T
There is a period provided for, would need to check if it is 45 days.
Please assist, I placed an order Online for 2 Tshirts from a printing company & made payment on the 2nd/3rd of March 2020 I had advised that I’d need the Tshirts before returning back to Johannesburg on 11 March the lady I spoke to said she would arrange for delivery the Monday before I flew back from the Cape to Johannesburg. The very same Monday I tried getting ahold of the lady & she advised that her husband took the car for his hospital appointment & she can’t deliver the Tshirts, the day I had to fly back I advised her that I’m returning back home to Jhb. & she said that she could deliver the Tshirts at a certain time whereas I had advised her that I’m on my way to the airport & I don’t drive, the next day I asked for a refund so that I could purchase the Tshirts in Jhb & she said that she would arrange for the refund 3 months later no refund has been paid & the executive of the company says that there’s a no refund policy whereas I was never told neither was it stated on the invoice that there’s no refund payable…Please assist as what needs to happen so that I can get my money back as it’s been 3 months since I’ve been given the run around just to be told that there’s no refund after the lady said that she will escalate the matter
Your best option is to lodge a complaint with the Consumer Goods and Services Ombud
Hi There
Earlier this year I made a booking through booking.com. I payed 50% of the bill while making the reservation, but it was clearly marked as refundable before a certain date. Due to Covid 19 I decided to cancel my booking, but I did so before the cutoff date. It has now been three months since I cancelled. Initially the property would respond. At first they told us that they would refund us in 7 days, then that became a month, and now the property has begun ignoring all communication from myself and the person I was going on the trip with.
Can you please advise on what I can do in this situation?
Sounds like they have breached the agreement. You can notify Booking.com – although they possibly do not have the deposit they should know about the complaint. If it is a local provider you can lodge a complaint with the Ombud – http://www.cgso.org.za/. Also see if they belong to a tourism body.
If you purchase something and the invoice has a clear description of what you were charged for and what you expected to receive, however the actual goods differs from the description. Can you get back a full refund? Example the invoice says black pens, but you were given green pens. And the need for black pens is non negotiable. And what is the time period according to the law to be able to return it.
Good Day,
I have paid my daughter’s nursery school fees in advance for this full year. My husband lost his job due to the Covid19 pandemic throwing us into a financial crisis. What are my rights regarding asking the school to refund the remaining fees as we are not planning to send our daughter back this year?
Most schools have a term’s notice – that could still apply
Good day
I had my birthday party booked for the 4th of April. I paid a deposit of R2700 during Feb and March.
Obviously the party isn’t going on anymore due to the Lockdown.
The supplier refuse to pay back the deposit. I need to postpone.
I cannot postpone as we don’t know when social gatherings will be allowed. My birthday was in March.
What can I do to get my money back?
The worst is that the guests invited paid some of the monies so I need to refund them.
Please advise the way forward.
They must be able to show the loss incurred. Considering that they could not argue that they have lost potential bookings that would not be an argument. So ask specifically what costs they are covering with the deposit. If they cannot stipulate then I suggest you lodge a complaint with the Consumer Goods and Services Ombud.
Hi There
Due to the Corona Virus i have to cancel my wedding in May. I have given the designer for my wedding dress a 50% deposit and she now refuses to give back my deposit or the material she claimed she purchased. I totally understand and accept that she is entitled to charge a fee but is she correct in not returning either?
The Act talks about “reasonable”. This tends to mean different things depending on whether you are the client or supplier!
So my first question would be – are you still planning on getting married, would you still need a dress and if so could you not keep the agreement in place? that would be the most reasonable and fair outcome.
If you are not getting married and will not need a dress, then it would be reasonable to expect to receive the material if the deposit was to cover for that or to get a portion of the deposit refunded
Hi There
I am a photographer. I had a client book her wedding for Oct 2020, she paid a 30% booking fee. They are now cancelling their wedding on the 31 of March 2020 because of the uncertainty regarding the covid-19 virus. My contract states that the 30% booking fee is non-refundable to reserve the date and show away other potential clients and I now see with all the above comments that this is not legal. Do I now need to pay her back the full 30% booking fee?
Also do I now need to change my contract? When I created this contract I did this because of previous couples that cancelled after I refused other potential clients because the date was reserved and lost a total income for that month.
In terms of your normal contract the CPA does allow for charging a reasonable cancellation fee for potentially lost work – so that would not change in normal circumstance. With regards to COVID-19 the recommendations by the CGSO on the CPA do speak about people being “reasonable”. Everyone is in the same boat right now and we need to find a way to share the pain – your whole business is impacted by what has happened and you may struggle to meet your own bills. Perhaps you can suggest to them that to assist you with your cash flow, you retain the booking fee and they still use you when they are able to have the wedding? Maybe just pick up the phone and have the conversation.
My mom owns a self catering guest house. This is her only source of income and amidst the COVID -19 pandemic she needs to continue to pay her rates; bond etc . She has offered her one guest alternative dates but they request a full refund . I suggested offer her 50% refund or full credit for another time ( within 12 months ) . I believe this to be a fair and reasonable approach as per the Ombudsman recent request.
I think as long as you can demonstrate that you have made a reasonable offer that should be OK. But of course people all view “reasonable” differently. The trend so far seems to be offering another date and then if not taken, a cancellation fee.
Hi,
We booked accommodation through wheretostay.co.za for the easter weekend – but now with the national shut down due to COVID-19 we need to cancel. the supplier is saying we cannot get any refund, but that we have to postpone.
We cannot postpone as this booking was for a birthday celebration weekend so there’s no plan to go there anymore since the birthday is passed.
The lock down is not our choice and the cancellation not our choice either. Is it right that the supplier cannot refund us 100% as this is out of our control?
It seems suppliers are taking different views on this. Some offering a later booking and some offering partial refund. The Consumer Goods and Services Ombud has asked for a “reasonable” response from consumers and suppliers. I would say they do need to give you some sort of refund option. For example I had a booking where I could either postpone for up to 18 months or get a 85% refund. I think more clarity will come in the weeks ahead
I bought business cards through a company, and immediately requested a refund when the goods was received the following day due to incorrect sizing and poor quality. This was in November 2019.
The company has delayed my refund with endless excuses and lack of communication.
After endless communications, they have told me today they now have new owners and they will not be refunding me as they bought the assets and not the liabilities.
Please advise me what to do.
To be honest I suspect you are going to have to write this off unless you are prepared to spend legal fees chasing the money. But you can contact the Consumer Goods and Services Ombud http://www.cgso.org.za/
hi
we hired a venue for a conference to be held in April but due to the covid issue the government has banned all public gatherings. We deposited our deposit for the venue and also a deposit for a guest speaker. they are both now saying they cant refund us because the contract specifically says that the deposit is non-refundable. is that legal?
They are wrong – this communication was issued by the Consumer Goods and Services Ombud today:
The CGSO’s view is that consumers cannot be charged a cancellation penalty and be refused a refund irrespective of who initiates the cancellation due to the travel bans and restrictions on gatherings. Many suppliers are offering consumers the option to postpone the bookings or reservations to a future date instead of a refund and this raises questions of whether suppliers have the right to do so and if consumers must accept that offer. Section 47(4) does allow the supplier to rely on a legal defence against a claim for a refund if they make an alternative offer to satisfy the promise to deliver, but the consumer has to consider and choose if they want to accept that offer. Where the consumer is being unreasonable, the supplier has some recourse as per section 47(4) below.
(4) It is a defence to an alleged failure to supply any goods or services, as contemplated in subsection (3), if—
(a) the supplier offered to supply or procure another person to supply a consumer with comparable goods or services of the relevant kind to satisfy the consumer’s request; and
(b) the consumer—
(i) accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted; or
(ii) unreasonably refused that offer.
It is therefore important for consumers to consider alternative offers by suppliers in place of a cancellation refund and be reasonable considering the circumstances. However, suppliers must understand that they cannot impose a blanket no refund, voucher policy or other alternative.
Hi
Travel agency does not want to refund, they would rather postpone. Who know when the COVID-19 will end.
What do i do to force them to refund me
All airlines have followed this protocol and unfortunately there is not much you can do. You can only claim a refund if they do not fly. I suspect the thinking behind it is that the airlines would go bust if they had to do all the refunds. You can try your travel insurance
We received a press release today to say that if you cannot travel due to a travel ban the airline must also offer a full refund. However, what is not clear is if you can still fly (eg; locally) and choose not to, whether they are obliged to offer a refund. I have asked for clarity
The CSGO has confirmed that if it is your decision to cancel the flight (eg: not due to the travel ban) then the airline can still charge reasonable penalties or issue a voucher
Hi. I have a client who signed a binding contract but did not pay the monthly fees. After taking all the correct steps in trying to collect the money the client still did not pay so the account was hand over to a collection agency. The client paid the collection agency and the money owed to us was paid into our account. Now the client has requested that we refund the money that she paid. Am I obligated to refund the client when the money is legally owing to us?
I am confused – she wants to be refunded the money that was collected by the agency or was there other money she paid?
She wants to be refunded the money that was collected by the agency.
That doesn’t sound right – it was clearly a debt owing which is why the agency could collect
Hi
I am a makeup artist and I had an appointment booked for 2 months from now. The client paid me upfront in 2019 (I only require a 50% deposit to secure the booking so she by no means was forced to pay me in full). She has cancelled her appointment and is asking for a refund.
I did not state in my invoice that 50% is non-refundable so I understand if this is an unreasonable request from my side.
Am I within the law to charge a cancellation fee for the costs that I have incurred regarding her cancellation?
You would need to specify what costs you incurred – but as you did not mention a cancellation fee it may be difficult to hold her to it.
My friend and I booked and paid for a full day spa day at Mangwanani River Lodge on 21 March 2020. We have however decided against going there after reading reviews of the facility being overcrowded. We thought we would give sufficient notice to cancel and request a refund however we were told that “Mangwanani has a strict no refund policy”. Is this legal and are they allowed to do this?
It is a tricky one as the Act talks about “reasonable” without defining it. For example many low cost airlines have non-refundable tickets. However, it certainly seems unreasonable in this case – did they stipulate non-refundable at the time of booking? I would suggest you threaten that you will report them to the Consumer Goods and Services Ombud and see what happens
Good day, we booked our honeymoon with a travel agency several months ago. The travel agency has now informed us that the dates we were booked for has been cancelled and therefor have given us new dates. the new dates does not work with our schedule and therefor we requested a refund of our deposits as they cancelled our original dates and now they are forcing us to go on dates that dont suit us.
That does not sound correct.I suggest to contact the Travel Agent body to find out the rules around this https://www.asata.co.za/
Hi.
Last year I planned a wedding and payed about R9000 upront deposit for the deco ,however during to family differences the wedding was cancelled the night before. The deco service provider had already booked some of the deco needed but was yet to deliver at the venue. I called her the night before and explained the situation, she offered to provide the service for another event. However I do not wish to use these services any longer, and she refuses to refund. Please advice.
Thank you.
A supplier can charge a reasonable cancellation fee. Given the short notice I suspect many suppliers would be able to justify a non-refund.
Good Day . My daughter is getting married next year around October. No fixed date was set. We got a quotation from a photographer for that period( October 2020) We had to pay a 50 % deposit . Nowhere was it mentioned on the quotation that the deposit was not refundable.
The wedding was cancelled due to unforeseen circumstances. We contacted the photographer and got a reply that they do not pay back the deposit unless there is death,etc. They said that they will keep the deposit for 2 years ,should we decide to continue with the wedding at a later stage . Can they do that?
The Act talks about a reasonable cancellation penalty. I would certainly argue that not refunding a deposit with cancellation a year in advance would be extremely unreasonable
They would need to determine what loss they experienced due to your cancellation
If they still refuse, do we need to consider legal action?
I would suggest you tell them that you will take them to the National Consumer Tribunal – see what happens.
Hello i am Emmanuel from phalaborwa, i have bought a motor part at a Nigerian shop that cost R700,so 15min later i have notice that the part i was given is wrong, when i go back for refund the guy charged Me 10% and refuse to give me full amount.what does the law says?
Good day
I am struggling in connection of getting a refund from a distance learning college.
I paid my studies in advance for the 3 years.
I was a student for only 5 months where I started to enquire about cancelling my studies.
I phoned about a week after where they informed me that my studies where already cancelled by them.
I did not give them any written consent to cancel my studies I stated in my email to them that I want to enquire.
They phoned me and told me that I would be able to get a refund but they have to deduct all of the cost from my refund which I understood.
They phoned again two days later telling me that I only have 2 options and that a refund is not allowed because I am past my 30 days.
The first option was to register for a different course.
The second was to register someone else for a course.
What is my rights in connection to this?
Can I get a refund for the months which is still outstanding?
Your advise will be much appreciated.
There is no clear cut answer in terms of the Consumer Protection Act as they do not specify limits but talk about “reasonable”. There may have been specific agreements that you signed that explained the refund rules – you need to check these. It does seem unreasonable if you paid for the full three years not to at least get back two years of study. You can lodge a complaint with the Goods and Services Ombud – or at least inform the company that you will do so. although if it is an overseas company our laws may not apply
Hi there i am wanting to know i am buying a car from a dealership i deposited the full amout in cash in there bank account now they cam back and requested i need to pay penalties because they where there bank charges where high what are my rights as i have paid the amount on th offer to purchase
Awaiting some feed back on my rights
Many contracts do stipulate that cash deposits may carry additional fees – as the cash deposit fees are so high. I think you need to check the contract. If no mention is made then you can argue with them
Hi
I would like to know if the supplier can still keep the entire deposit when the supplier never mentioned in any of their quotations or telephonic; that the deposit is non-refundable. We have booked a venue at a lodge for the 15th of December 2018, and had to cancel the booking because the supplier told us only a week ago that they do not allow other caterers for functions held at their venue. They also never stipulated in their quotation that other caterers are not allowed at their venue. So we found a more affordable place because their price list were too expensive according to our budget. We also did not book any accommodation as the accommodation were already fully prior to the time that we booked the venue. I called the owner today to ask for a refund of the deposit and he just blindly refused to pay back any money. The deposit that we payed was R5000. Please advise me on what to do.
Kind regards
This is a bit of a grey area as the act does allow for “reasonable” costs to be retained. It may depend on how long after booking you decided to cancel. in other words could they have lost out on another potential booking?