Question from a reader:
I signed a contract with the study abroad agent “Honki Ryugaku StudyIn,” but I’m facing some troubles. I applied for study abroad in London and Cebu and paid a deposit of 50,000 yen. However, after signing the contract, there have been continuous document errors and ignored communications from the representative, making their response unreliable. I wish to
cancel the contract. Regarding London, there are deficiencies in the contract, and it is not finalized. The terms of service state that if the agent fails to fulfill their obligations intentionally or negligently, they will compensate for damages. Due to repeated mistakes and ignored communications, I requested a refund, but the agent said they cannot refund me. When I consulted the Consumer Affairs Center, they negotiated that a refund for the London portion was reasonable, but the agent has further charged an additional 3,000 yen for communication costs and is refusing the remaining refund. The contract was signed via CloudSign, and while there are cancellation fee provisions, could the deposit and cancellation fee potentially violate the Consumer Contract Act? Is this company profiting from cancellation fees? Should I consult a lawyer to get a full or more than half refund? I would appreciate advice from anyone who has had a similar experience or has detailed knowledge on this matter.

Legal Perspective on Troubles with Study Abroad Agents

Hello everyone! I learn new things every day in the entertainment industry, but today I want to talk about troubles with study abroad agents. While I haven’t personally experienced this, I hope my thoughts based on a reader’s question will be helpful to someone. Considering studying abroad is a wonderful thing, right? It’s a great opportunity to learn about new cultures and broaden your horizons. However, sometimes there are troubles waiting on the path to realizing such a wonderful dream. Issues related to contracts with study abroad agents can be particularly delicate.

Contract Deficiencies and Their Impact

As the questioner experienced, having deficiencies in the contract is a very important point. For a contract to be valid, all conditions must be clear. If there are deficiencies in the documents, the contract may not be valid. Particularly regarding London, since the contract is not finalized, this point should be strongly asserted. I also heard a story from a friend who had trouble with a study abroad agent. He similarly pointed out deficiencies in the contract and eventually succeeded in negotiating with the agent. The key is to gather evidence and respond calmly.

About the Consumer Contract Act

Now, regarding the Consumer Contract Act mentioned by the questioner, this is a law designed to prevent consumers from entering into contracts under unfavorable conditions. Under this law, if the agent fails to fulfill their obligations intentionally or negligently, you have the right to seek damages. Especially in cases of ignored communications or repeated mistakes, it is likely that you can prove the agent’s negligence. In my opinion, the law exists to protect us consumers. Therefore, using that law as a shield is certainly not a bad choice. In fact, consumer centers are professionals in this area. They are likely to provide advice from a legal perspective during consultations.

Strategies for Seeking a Refund

I understand why the questioner is seeking a refund. I recall a friend who lost money due to troubles with a study abroad agent. Initially, he contacted the agent by phone and email, but received no response, and eventually decided to consult the Consumer Affairs Center. In such situations, it’s important to stay calm and organize your documents and email exchanges. By having all evidence at hand, the negotiation process is likely to proceed more smoothly. I recommend that the questioner keep thorough records of their communications with the agent and present them as negotiation materials to the Consumer Affairs Center.

Cancellation Fees and Their Validity

Additionally, it’s necessary to consider the validity of the cancellation fees. Regarding the possibility that the cancellation fees set by the agent may violate the Consumer Contract Act, this is certainly worth examining. If the cancellation fee is excessive, it may be deemed invalid. It’s understandable to suspect that the agent might be profiting from cancellation fees. The key point here is whether the fees and conditions presented at the time of the contract are reasonable. I personally felt it was important to review the contract details together with my friend when he consulted a study abroad agent to understand every little detail.

Should You Consult a Lawyer?

Now, regarding whether the questioner should consult a lawyer, this is a very difficult decision. I understand that feeling well, as I have faced legal issues myself. Consulting a lawyer can increase the likelihood of receiving appropriate advice, but you also need to consider the costs involved. In my opinion, it would be best to first try negotiating with the Consumer Affairs Center, and if that does not lead to a resolution, then consider consulting a lawyer. Lawyers have specialized knowledge and can provide specific advice tailored to your situation.

In Conclusion

Studying abroad is a valuable experience that may only come once in a lifetime, but the journey to achieve it is not always smooth. When troubles arise, it’s important to respond calmly and utilize the law. Understand your rights as a consumer and take action to protect yourself. I hope the questioner’s issue is resolved quickly! If you are considering studying abroad, make sure to thoroughly check the contract details and take steps to prevent troubles before they arise. Wishing you all a wonderful study abroad experience!