Clipping of news on Brazilian Culture, Law and Citizenship
08/01/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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- Ballet , judo , capoeira , swimming, English, Spanish , art, music . January is time to make enrollment in different courses , for children or adults . And when deciding on which one to enter , consumers must be careful not to have scares throughout the semester or at the end of the period . Replacement classes , locking , extra fees for participation in presentations . All rules and related to an activity costs must be expressed in the contract and a copy of that document must be delivered to the consumer .
Physical and cultural activities , for example , often make presentations to half . The costs of these events , institutions say they are optional , only weeks or days prior to the meeting usually informed , staying out of the plan at the time of hiring activity budget. Experts in consumer law , it is illegal .
Poll on Consumer Protection website, netizens asked whether they had received the contract to enter into free courses . The vast majority said no 77%. Another 8 % said they received in some cases , while 15 % said they always received the document .
Leila Cordeiro , technical adviser of Procon- SP , explains that the consumer must receive all contract specifications, as payment and termination clauses , locking , spare , extra expenses , and rights and duties of both parties .
- It is important to document the consumer has to know what he was hired . And the valid rules are the Code of Consumer Protection ( CDC ) , because it is providing service . Stop or not on vacation, for example, depends on the rules of the contract . The consumer must have preview of what may or may not science - Leila says , adding that these rules apply to any free course .
Embarrassment students
A university professor Ana Lucia Rangel always bothered by the lack of agreement in ballet lessons for her daughter and clarity in relation to optional performances year-end :
- Make a registration form , then the payment of registration and tuition . Payment is anticipated before the service is provided .
Another problem , says Ana Lucia , is that the lessons have time dedicated to test the choreography of the presentation of year-end , which practically forces the students to participate in this presentation and steals class time engaged to something said optional .
- In addition to paying a fee to attend the presentation, which according to the academy is spending on fantasy and theater, we have to buy tickets to watch . Worst of all is to impose the participation constraint and who will not participate because parents often can not afford or do not agree with this extra cost, which was not in the contract .
Leila says costs of presentations and exchanges of range , for example, have to be informed in the contract . So why are events that are part of the course and are not optional as state institutions .
- What happens : if you do not pay , do not change lanes ? That is absurd . The father or mother may not have money to pay . You need to establish rules for the course is completed with everything that the student is entitled. Moreover , if not the explicit value of " optional " activity in the contract , the consumer has no obligation to pay anything more and can participate - states .
The event producer Roberta Werner opted to leave their three daughters , 10 , 8 and 6 years, from outside the ballet performances and capoeira school . Until last year , the girls studied in CIEI in Recreation. There, all activities are included in the tuition . Therefore , class participation was mandatory.
- Gives a pain in the heart , is embarrassing . But spending $ 180 for a child dancing five minutes does not make sense . This value is more than 10 % of the approximately $ 1,600 worth of school fees . Pay $ 100 for the new string of capoeira is also too - criticizes Roberta, who chose to exchange the girls school .
Carlos Alves da Silva , Carlito , managing partner of the cyclic , says the school did not earn a cent with such events . But he said , " innocently " never entered the extra costs for additional activities in the contract and will do so from next year :
- Teachers responsible for complementary activities say how much the event and show . Moreover , the fantasy ballet can be taken out of school . Never insert this in the contract because it was a point irrelevant . The 2014 contracts have been signed . But in 2015 will complement this .
Information on the receipt
But Roberta, who is also the mother of a boy , did not experience this problem only on cyclic . His three daughters are also a ballet out of school , at the gym Bodytech , and there is also a fee of over $ 100 for costumes for submission of year end was charged without this contract was entered into . Monthly activity costs about R $ 200 . Conclusion : the girls did not attend the presentation.
- The role that home had received a note warning that those who do not pay could not participate. This is absurd . If we know in advance, can be financially plan .
In a statement, reported that Bodytech ballet performances and exchanges belt in judo , as well as the amounts involved in these events , are not expressed in the contract because they are of exceptional character and voluntary participation of students .
Hugo Filardi , partner at Siqueira Castro explains that the consumer should ask all the conditions of service at the time of hiring , for the safety of both parties .
- Gaps generate embarrassment for both. The supplier is required to describe any practice inserted in the midst of that service . One can not be surprised at the end.
The lawyer points out that if there is no contract, the consumer can be informed on the receipt or an email about what is being offered . Have Leila recalls that , in case of unfair terms , can make caveat in the contract to sign it or send them by e- mail , for example.
Source : Procon SP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.