Clipping of news on Brazilian Culture, Law and Citizenship
01.08.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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December and January are months in which various faculties do college entrance examination and the students end up doing registration and evidence in various educational institutions to increase the chances of approval. The results are usually released at different times and there is time to make the registration, the future student, often chooses to enroll in the first college in which it was approved. And if later, getting approval in the institution that best suits you, as is the amount already paid for the initial registration?
The student or his guardian is entitled to full refund of the amount paid for registration when to quit the course before the start of classes. Based on Article 39, section V of the Consumer Protection Code, which prohibits from requiring excessive advantage of the consumer, and whereas before classes begin no effective provision of services and there is also the possibility that the vacancy be filled by other party, the Procon-SP understands that the school refuses to return the value will be incurring abuse. Thus, any contractual clause that point not to return registration is also abusive and void.
On the other hand, the educational institution can retain part of this amount, provided that that appear clearly in the contract or other document signed by the consumer and it is shown that had administrative expenses of hiring and its cancellation, even before the start school. If there is any doubt about the withheld amount, the educational institution can be questioned and should justify and demonstrate the costs being charged.
To ensure their rights, consumers must request the termination and return of amounts paid in writing and file this application in schools. If the return of the registration is requested after the start of school, the amounts paid will not be returned, because the education institution failed to provide the vacancy to another student.
If the educational institution refuses to refund the money, the consumer can get in touch with the nearest consumer protection agency.
Recalling that, regardless of the outcome of any examination for entry into school or university, the consumer may not claim a refund of the fee for carrying out the test, unless it has not been carried out according to the edict or regulation; in this circumstance, the case be referred to the judiciary.
These and other information on the education services provided by private schools can be accessed in the booklet "Open Enrollment" available on our website.
Source: Procon-SP
To access the Procon-SP site, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.