Termination of contract and refund

Questioner

Subject: termination of contract and refund I booked a 2 day course Fillers and skinbooster. The starter package (fillers etc.) and equipment I bought through their wholesaler. After the 1st theory day there is a lot of confusion. 2.5 hours theory instead of 6. Teaching material. Number of models. The next day I come home to find out that this specific course has been taken offline. The wholesaler also no longer sells fillers and the right equipment. A few days later, this training center also appears in RADAR with this specific course and equipment due to dubious practices. At this moment I want to cancel the contract/agreement and get a refund but this is being prevented due to the general terms and conditions. After announcing that I had seen the radar program, they understood and offered me a refund of 200 euros out of the 2150 total. I may be able to finish the practical day, or purchase a more expensive device or continue the course with alternative treatments. A lawyer advised me to seek advice from a legal aid centre. This lawyer could not help me because it would not be profitable for me in terms of the costs of the proceedings. But I assumed that these costs would be for the other party in the positive case? Of course I want the full amount back because this company is in default. What can you advise me? Is it profitable to file a lawsuit?

Lawyer

You are right that if the case is won, the costs are for the other party. In addition, a lawyer may litigate on the basis of 'no cure no pay'. This means that (part of) the costs only have to be paid if the case is won. A lawyer is not allowed to do this. You wanted to follow a course and bought a starter package for that course. The course does not meet your expectations and suddenly the goods are no longer available. So you did not get what you wanted and it seems (given the fact that the company is in Radar) that there is a questionable practice. The offer that was made to you is not very high and I can imagine that you have reservations about following another course. My estimate based on the current information is that there is more to be gained than a refund of 200 euros. Perhaps even without a procedure. If you require legal assistance, please feel free to contact me without obligation.

Lawyer

If you win, the other party will be ordered to pay the costs. However, this is only half the story: 1. the award of costs is usually (much) lower than the actual costs; 2. At the hearing, the subject (still) reaches a settlement with compensation for costs; 3. You can also lose. In that case you also pay (part of) the costs of the other party. On the internet you can find many lawyers who are prepared to do this case, also on a no cure no pay basis. However, you have no guarantee that such a lawyer is also an expert. When you hire such a lawyer, prepare yourself well.

Lawyer

Since the costs of a lawyer are often much lower than those of a solicitor, it is usually possible to litigate for the standard legal costs. In any case, such agreements and compensation possibilities should be discussed before concluding the agreement (including the chance of success). I do not really understand why Mr Van Deuzen wants to evoke a certain image by speaking of 'such a lawyer'. As with any profession in the world, there is never an airtight guarantee that someone is an expert. It is true that there are rules of conduct and certain obligations for lawyers in terms of training, etc. However, this has not prevented many lawyers from not obtaining training credits, making professional errors, being suspended, etc. I think that with any service it is wise to find out whether the person in question is an expert and whether you have a good feeling about the person.