Mortgages, childcare, bills, and tickets: when should you ask for a refund or to suspend a payment?

Refunds provided for by the "Cura Italia" Decree

The government's " Cura Italia " decree covers a little bit of everything: from nursery and school canteen fees to various types of subscriptions (pay TV, gyms, etc.), from travel/holiday packages to cultural events and/or performances (tickets for shows, museums, and places of interest). From the world of education in general (courses, schools, universities) to the thorny issue of mortgages and real estate rentals . In our article, we will provide a comprehensive list of activities for which consumers can request a refund or suspension of payments due to the inconvenience suffered due to the coronavirus emergency. The measures implemented by the government have prohibited travel, vacations, sporting events, cultural events, and attendance at gyms, courses, schools, and universities. Obviously, the government has not provided for refunds in all circumstances , as the terms and conditions of sale for some services do not provide for this possibility. In these cases, the decision is left to the companies involved, who can accommodate the consumer's needs in various ways. As the National Consumers' Union (UNC ) specifies, the rules for refunds are set by the decrees recently published by the Government, while for other cases, reference should be made to the general rules set out in the Civil Code and the Consumer Code. Generally speaking, anyone who pays for a service that, through no fault of their own, is not provided has the right to a refund (the supplier, of course, is not liable either, but otherwise they would benefit from unjustified enrichment). In the current emergency, however, the right to compensation for damages does not extend to the refund, precisely because the failure to provide the service is not due to the fault of the party who was supposed to provide it: in short, " yes to the refund of the amount paid by the consumer; no to compensation for further damages ," specifies the UNC.

From the next page, ALL THE CASES in which you can request a REFUND or suspend a PAYMENT!

House

Residential and commercial rentals

For commercial leases of shops or stores, pursuant to Article 65 of the decree, businesses are entitled to a tax credit equal to 60% of the rent for the month of March 2020 for properties classified as C/1 . For leases for personal residential use , it is considered more complex to justify the suspension of payments, even if there are no material conditions for using the property (such as students living away from home or business travellers who return to their residence and leave the apartment empty). Termination is, however, possible for serious reasons , subject to six months' notice from the landlord.

Mortgages

According to the "Cura-Italia" decree (Article 54), all self-employed workers and freelancers who self-certify that they have recorded , in a quarter following February 21, 2020 (or in the shortest period between the date of the application and the aforementioned date), a drop in their turnover exceeding 33% of the turnover of the last quarter of 2019 as a result of the closure or restriction of their business implemented in accordance with the provisions adopted by the Authority, may suspend mortgage payments for a period of 9 months (in derogation of the ordinary provisions of the Fund provided for by Article 2, paragraphs 475 to 480 of Law 244/2007) .

Bills: electricity, water and gas

The Energy Authority has intervened on certain deadlines regarding pending electricity, water, and gas disputes. The suspension of water, electricity, gas, and waste bills until April 30th is valid only for users in the 11 municipalities in the former red zone of Lombardy and Veneto: Bertonico, Casalpusterlengo, Castelgerundo, Castiglione D'Adda, Codogno, Fombio, Maleo, San Fiorano, Somaglia, Terranova dei Passerini, and Vo'. In the rest of Italy , any procedures for suspending electricity, gas, and water supplies due to non-payment by households and small businesses have been postponed until April 3, 2020 .

Personal savings

Car Insurance

As with the car tax, which is still paid while the consumer is allowed to drive within the limits imposed by law, a suspension of payments does not seem justifiable . Insurance must, in fact, cover the car when parked on a public road.

Personal financing

The government has not intervened in the area of installments and financing, effectively leaving it to be determined on a case-by-case basis whether payment suspension is necessary. If financing is arranged for a good or service not yet available to the buyer (a car not delivered, furniture delivery delayed by the seller), the consumer has the right to withdraw from the contract.

Public transport pass (bus, train)

With the free movement of people within the country suspended, it's important to distinguish whether the service remains active or not. If the services are still active, subscribers may still use them for permitted travel (work, health, or other essential reasons). Therefore, we recommend that users who do not wish to use them withdraw in writing and suspend payments.

Instruction

Kindergarten, nursery, school canteens

It is possible to suspend payments, but also to request a refund of the amounts paid, limited to the period in which the customer cannot use the service, daycare, or school meals. If the school activates distance learning courses , the consumer will remain free to accept or decline the new offer of educational services.

Various courses (languages, music, cooking, etc.)

With the suspension of public movement and gatherings, attendance at various types of courses is therefore prohibited: foreign languages, music and dance, gymnastics, cooking, etc. Consumers have the right to suspend payments and request a refund , only for the period during which they cannot use the service. If a loan has been requested, installment payments can be suspended by providing written notice to the finance company regarding their inability to attend. If distance learning courses are offered, consumers remain free to decide whether or not to accept the new offer of remote learning services.

University

Unlike other private courses, if the university is able to replace classroom courses with distance learning initiatives, the Cura-Italia decree (Article 101, paragraph 5) establishes that distance learning activities are valid for the purposes of calculating university credits , subject to learning assessment and for the purposes of certifying mandatory attendance. Therefore, if adequate distance learning services are available, the consumer cannot object to the continuation of the contract and therefore the related costs.

Entertainment

Musical concerts, theatrical performances, events

For all events—public and private—suspended until April 3, including cultural, recreational, sporting, religious, and trade fair events, the supervening impossibility of providing the required service applies. Purchase contracts or tickets for performances of any kind (cinemas, theaters, museums, and other cultural venues) may therefore be refunded by submitting a refund request to the seller within 30 days of the decree's effective date, attaching the relevant purchase receipt. The seller will issue a voucher for the same amount within 30 days of the request, which can be used within one year of issuance.

Subscription to gyms, swimming pools, recreational and cultural centers

The suspension of gyms, sports centers, swimming pools, wellness centers, cultural centers, community centers, recreational centers, and dance schools entitles consumers to a refund, always for the portion of the membership (or single entry) they cannot use. This is an exception to contracts that include a specific number of entries with no expiration date; it is assumed that users will be able to access the facility once the emergency has ended. In cases where the membership is monthly or annual, the right to a refund should accrue for the portion of the membership not used during the emergency. In practice, many of these facilities offer consumers the option of "freezing" their memberships, only to resume them once the emergency is over. Consumers are free to accept or decline, as they may not necessarily have an interest in continuing their membership.

Football: season tickets, away matches

As is known, all sporting events and competitions of all kinds and disciplines, in public or private venues, are suspended. Even in these cases, the rules of supervening impossibility apply, meaning that consumers, in theory, would be entitled not only to reimbursement (from the carrier) for air or train travel costs, but also (from the sports club) to a refund of the ticket price or, in the case of season tickets, the portion of the service not used (even if the contractual conditions exclude this, as in this case they would be unfair). However, given the uncertainty surrounding the resumption of sporting competitions, the UNC recommends waiting to determine the possibility of reusing stadium tickets in the future.

Pay TV subscription

For satellite TV subscriptions, it's important to distinguish between private and business subscriptions (pubs, restaurants, betting shops, etc.). In the latter cases, the Authority's bans have created a supervening impossibility that could justify suspending payments (or terminating the contract). For other subscriptions, the issue concerns the rescheduling of certain programming schedules (for example, sports channels), for which a request for a rescheduling of fees (or a termination request) is legitimate.

Ski Pass

Even before banning travel, the government had ordered the closure of ski resort facilities . Therefore, anyone who purchased a season pass or ski pass for the winter season (or for multiple days) is entitled to a refund of the portion of the pass that can no longer be used (even if the contractual conditions exclude this, as in this case it would be unfair).