Requesting a refund due to early termination of a course package?

Questioner

Our daughter purchased a lesson package from a driving school in November 2021. Because our daughter had anorexia, she could no longer continue with this package after a free trial lesson and a regular lesson due to physical deterioration. There was then contact with the driving school owner to end the package or to find a solution together. She indicated that she had no money and therefore no opportunity to provide a refund, while this was stated in the conditions at the time. She later changed this. As an alternative, it was indicated that my daughter could perhaps continue with the package at a later date or that a sister or other family member could take it over. We indicated at the time that this was not an option, but we did give it some time to see whether my daughter could continue her driving lessons at a later date. Unfortunately, my daughter only became more ill and passed away on March 30th. You understand that this period from being ill to dying and the time after and now has been very intense for us and that the communication with the driving school then escaped our attention for a long time. We have recently contacted the driving school again. Certainly also because we wanted to put this right for our daughter. We asked again about the possibility of a refund and received a very rude email in response. She indicated that a refund was not possible and made a nasty, untitled remark about our daughter: that she was not well, but that she wanted to reimburse 300 euros of the approximately 1700 as a gesture of goodwill. Our question now is, can the driving school continue to refuse the refund?

Lawyer

Good afternoon, My condolences on the loss of your daughter. I have previously answered a similar question. Given the above text, it seems to be the same case. My (previous) response: Such an agreement can be considered a contract of assignment. The starting point is that the client can cancel in the meantime. However, the lessons already taken must be paid to the driving school owner (reasonable salary). However, the remaining amount must be repaid. In principle, you are therefore entitled to a refund. Of course, this depends on what has been agreed between the parties in an agreement, general terms and conditions, etc. FerLei Legal could support/assist you in this. Feel free to contact us to discuss the possibilities. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526