宥廷 asked in 社會與文化語言 · 4 years ago

英文合約解釋問題

想詢問一個英文解釋問題

先帶一下歷史背景

小妹目前人在美國語言學校就讀

原訂時限是八周(1040629-1040821)

這周已經是第三週了~~~

但是因為一些私人因素

我必須提早兩個禮拜結束

所以就是變成六周(1040629-1040807)

但是去詢問櫃檯之後發現

這兩周是完全不退費

原因是合約上是寫

"REFUND POLICY" (原文)

No refunds for the first 4 weeks of study.

The earlier the notification is given, the more money you will be refunded.

No refund if notification is given after 50% of course is completed.

我的解釋是我的通知在第三周行使,還沒超過50%,所以可以退

但是學校的解釋是我的通知雖在第三周行使,但是我要結束的時間已經超過50%

所以不可以退

well...

其實我本來想說算了,但是越想越怪的是第一句說,前四周不可退費

然後要退的日期超過50%也不可退費

所以就整個都不能退就對囉

因為就我對這句話的邏輯

No refund if notification is given after 50% of course is completed.

我的狀況應該是notification is given before 50% of course is completed

有沒有人跟我的邏輯是一樣的呢~~

順道一提

跟學校這邊告知之前,我有先寄mail給我的代辦機構

她原本的回覆是跟我想的一樣的

她還算了退費給我

但是我跟她說了學校的說法後

她就改口了.....

3 Answers

Rating
  • Gary
    Lv 7
    4 years ago
    Favorite Answer

    You are correct regardless.

    In the legal perspective, the terms and conditions of a contract is interpreted in plain language, which what a reasonable person can expect.

    Based on your interpretation, your original course length was 9 weeks. In that case, you have requested refund way before the cutoff time.

    However, even based on the school's interpretation, you should still entitle for a refund as well as you have requested refund on or before 07/15/2015 (based on the time you asked this question), which was the exact 50% of the course (assuming the course runs M-F).

    Unfortunately, even you are correct, there is nothing you can do. When the private language school has said your money will not be refunded, this is the end of the story. The only way to fight this is through a legal action, which is mostly a Small Claims case.

    However, due to procedural law, your case will not be resolved before you leave the U.S. I don't believe the money in question is large enough for you to fly back to the U.S. And the worst is a lawyer can't help you in this case.

    In short, even you are correct, you are still stuck in it.

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  • 4 years ago

    1. 問他們要怎樣才能退錢

    2. 然後照著做就好了嘛!

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  • Lucas
    Lv 6
    4 years ago

    是不是

    前四周的錢不能退給你,但你在前四周裡放棄,後面四周就會退費給你

    如果你沒有在前四週裡面停止,他就不退費了

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