WA Truck Driving Lessons - Payment of Cancellation Fee?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Karlbruce

Active Member
28 August 2014
9
0
31
Hi all

Long story short. I paid for a truck driving lessons over the phone, and they charged me another 10 dollars credit card surcharge without my knowledge. The driving school and I couldn't solve the dispute between us, so I decided not to use them, and they wanted to take 50 dollars out of the fees I paid earlier for the cancellation fee. Is it legal for them to do that under Australian Consumer Law?
 

Worldly1

Well-Known Member
25 April 2014
137
29
454
Australia
Hi @Karlbruce
How much were the lessons?
Were there any terms and conditions when you booked the lessons? (For example, some have terms about a cancellation fee and credit card surcharges).
If there are no terms and conditions re cancellation fee, then you might be able to make a credit card dispute/chargeback request with your credit card provider.
 
  • Like
Reactions: Sarah J

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Hi Karlbruce,

If you cannot decide, refer the matter to the WA Department of Commerce. They are a free service that assists in dispute resolution between consumers and businesses for goods and services rendered.

Generally, if they did not explain the credit card surcharge over the phone, it would be unreasonable for them to demand/deduct this. Further, they should have explained any cancellation policy to you. Phone agreements are difficult because there is limited time/space to include all relevant terms and conditions. However, essential terms and conditions such as cancellation charges should be relayed to you. Again, it would be unreasonable for them to enforce any cancellation charges that they did not make known to you. However, if they referred you to their website where the terms and conditions are and the cancellation fee is clearly printed, and you did not read this prior to agreeing, then it may be reasonable for them to deduct those charges.