Cancellation Policy – LearnMate

Once a lesson has been arranged, LearnMate, acting as the Agent of the tutor, considers this booking to be final, subject to this cancellation policy. That is, the student agrees to pay for the arranged lesson unless specified otherwise in this document. Note that if a lesson is cancelled for any reason, the student must notify the tutor immediately.

What is an arranged lesson?

An arranged lesson is one which the student and tutor have agreed to hold at a particular time and place. The agreement can be verbal or written. A lesson will be considered to have been arranged even if the tutor or student knew or ought to have known at the time of arrangement that the lesson would have to be cancelled. If an agreement is reached to continue holding lessons regularly for a period of time, it will be considered that lessons have been arranged, even if specific times and places have not been agreed.

If the student and tutor arrange to have a lesson subject to any conditions other than those listed in this document, the lesson will not be considered to have been arranged as long as any of the conditions are not met. However, as soon as all conditions are met, the lesson will be considered to have been arranged.

Acceptable reasons for cancellation

The student will not be charged for the lesson if the lesson is cancelled solely due to:

  • the tutor cancelling the lesson for any reason, or failing to be at the agreed place at the agreed time for any reason;
  • the student being sick (as certified by a medical practitioner);
  • the student having an appointment which is:
  • important and urgent, and
  • unable to be rescheduled;
  • the student and the tutor agreeing to cancel the lesson without charge;
  • the student’s requirement to appear in court for any reason;
  • the student cancelling the lesson with sufficient notice;
  • any other unforeseeable event which should reasonably take precedence over the student’s attendance at the lesson.

Unacceptable reasons for cancellation

The student will be charged for the lesson if the lesson is cancelled due to:

  • the student’s lateness, including but not limited to lateness due to transport delays;
  • a reasonably foreseeable or regular event which would otherwise satisfy any of the acceptable reasons for cancellation above, with the exception of a court appearance;
  • any event which is unable to be rescheduled due to a lack of planning by the student;
  • other work or study commitments;
  • any unexplained failure to be at the agreed place at the agreed time.

Furthermore, the student will be charged for the lesson if:

  • the student fails to give sufficient notice of the cancellation of the lesson, unless the lesson is cancelled for an acceptable reason as defined in this document; or
  • the student’s failure to give immediate notice of the cancellation causes significant inconvenience to the tutor.

Variation of lessons

If the time, place or duration of a lesson is varied by mutual agreement without significant inconvenience to either the student or tutor, the lesson shall not be taken to have been cancelled.

Replacement lessons

The student will be charged for any lesson arranged in the stead of a cancelled lesson, unless the cancelled lesson was cancelled by the tutor and the cancellation caused significant inconvenience to the student.

Waiver of fees

The tutor or LearnMate, acting as the Agent of the tutor, may choose not to charge the student for a cancelled lesson, even if the student would otherwise be charged under the terms of this policy.

Cancellation period

For the purposes of this policy, sufficient notice shall be:

  • if the lesson is arranged less than 1 week in advance, 24 hours
  • if the lesson is arranged at least 1 week but less than 2 weeks in advance, 48 hours
  • if the lesson is arranged at least 2 weeks but less than 3 weeks in advance, 72 hours
  • if the lesson is arranged at least 3 weeks but less than 4 weeks in advance, 5 days
  • if the lesson is arranged at least 4 weeks in advance, 8 days.
Cancellation Policy – LearnMate