Last year we paid a person $500 for payment for our young son to go to summer camp , after we paid in full, a week later we changed our mind and we asked for a refund. The lady wrote to us a e-mail promising us a credit for next summer instead of a complete refund. Last week we decided to enroll our child in the summer program and apply our credit. The lady said, sorry I closed up my business, and you don’t have no any credit. Do I have an halachic right to collect fom her nothing, half or all of my inicial payment that we made in 2011?
Answer:
In principle, the payment you made was for the camp, which you did not receive, and therefore you are entitled to your money back.
However, this will depend on the initial terms of payment. If you did not have the initial right to receive your money back, the lady will be able to claim that out of her own “kindness,” she agreed to give you credit for next year’s camp, and that she doesn’t owe you anything.
However, if the initial terms of payment are such that upon cancellation you have the right to your money back, then it stands to reason that you will still be able to claim the money back, and that your agreement to the “credit” arrangement does not imply your foregoing the debt.
Note that it is not necessarily easy to extract moneys by means of beis din, and that it might be wise to reach a compromise if possible.
Best wishes.
