What is Defective Performance in School Services (Transportation, Meals, After-School Study), and How Can a Refund Be Obtained?
Entrance
Private schools offer not only education but also ancillary services. These include transportation, meals, and tutoring services, which are particularly important. Parents pay extra for these services, but often do not receive the promised standards. This is where defective performance comes into play.
This article will examine what defective performance means in school services, in what situations it occurs, what rights consumers have, and how to request a refund; it will also provide a practical example through a fictional case study.
The Concept of Defective Performance
According to Law No. 6502 on Consumer Protection, a defective service is:
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Not possessing the qualities agreed upon in the contract,
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Not providing the expected benefit,
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It is a service that jeopardizes the safety or health of the consumer.
In school auxiliary services, this definition includes:
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The service did not arrive at the promised times, and it was crowded and unsafe
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The food did not meet hygiene and nutritional standards
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Poor quality tutoring services, lack of teachers, or failure to implement the promised program
It occurs in situations such as these.
Defective Performance in School Bus Service
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Lack of vehicle maintenance, malfunctioning seat belts,
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Drivers being unlicensed or inexperienced,
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Failure to take the child to school or drop them off at home on time,
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Transporting more students than the school bus's capacity allows.
In these cases, the service is considered defective because it is contrary to the contract.
Defective Performance in School Catering Services
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The menu turned out to be different than what was promised
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The food being cold, stale, or unhygienic,
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Prepared under conditions that violate food safety regulations,
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Failure to consider allergenic ingredients that could harm the child's health.
In this case, the parent has the right to both a refund of the fees and compensation for any health-related damages.
Defective Performance in Surveying Services
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Failure to complete the studies within the promised timeframes,
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Teachers not attending classes or services being provided with insufficient staff,
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Failure to provide the promised academic support.
If the tutoring service is not provided to the promised standard, the consumer can request a refund based on "defective performance".
What evidence is needed?
It is important for the consumer to gather evidence to prove their claim.
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For service purposes: GPS records, photos, correspondence with the driver, and parental testimony.
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For the food: Menu lists, health reports, photos and videos.
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For study purposes: Class schedule, attendance lists, student and parent statements.
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In addition, contracts, invoices, and payment receipts must be kept.
How to Get a Refund?
1. School Application
The parent must first notify the company of the defective performance in writing (email, petition, notarized notice) and request a refund.
2. Consumer Arbitration Board
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If the amount in dispute is below the monetary limit (66,000 TL for 2025), an application can be made to the consumer arbitration board.
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Application is free.
3rd Consumer Court
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If the amount exceeds the monetary limit, a lawsuit is filed in consumer court.
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Claims for both material and moral damages can also be made through this method.
4. Compensation Claims
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Refund of the fee paid,
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Treatment costs in case the child's health deteriorates,
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Losses experienced by the guardian within the scope of parental responsibility.
Fictional Event
Case:
Parent A entered into an annual meal and after-school study contract with Special Education Institution B for their child. The contract guaranteed daily balanced and hygienic meals and teacher supervision during after-school study hours. However, the meals were consistently stale, the child experienced stomach problems, and received medical attention. Furthermore, teachers were often absent during after-school study hours, leaving students alone in the classroom.
Legal Assessment:
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The food service was both in breach of contract and endangered public health → defective performance.
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The survey service was not provided as promised → defective performance.
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Parent A can request a refund for the meal and tutoring fees paid.
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The parent may also request compensation for medical expenses and appropriate damages for emotional distress caused by the child's illness.
Conclusion:
Parent A can obtain both a refund and compensation for damages by applying to the consumer arbitration board or the court.
Problems Encountered in Practice
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Schools imposing a "no refunds" policy is invalid according to the Turkish Consumer Protection Law.
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Parents' negligence in gathering written evidence.
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Parents remain silent despite the persistent nature of the substandard service.
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Difficulty in proving claims for compensation for health damages.
Proposed Solutions
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Parents must report every instance of faulty performance to the school administration in writing.
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Payments must be made via bank transfer, and the receipt must be kept.
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A doctor's report should be obtained for any foods that are harmful to a child's health.
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Parents' complaints regarding after-school study or transportation issues should be submitted through collective petitions.
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Expert legal assistance should be sought during the legal process.
Conclusion
In school services (transportation, meals, after-school tutoring), defective performance means not only that the service is provided incompletely or contrary to the contract, but also that it endangers the health and safety of the child. In such cases, consumers can claim a refund, a price reduction, or compensation for material and moral damages. Gathering evidence and submitting applications to the correct authorities are critical to the success of the process.
Gamze Akbulut, Law Faculty Student
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