Termination of Contract and Refund in Private Education Institution

The issues regarding how the fee will be refunded in case students who enrolled to study in private education institutions leave the registered institution for any reason are regulated in the Law and Regulation of Private Education Institutions. It should also be stated that this law and regulation are also valid for foreign language courses, private schools and high schools; In case students or trainees leave these education and training institutions, the legislation to be applied regarding the refund will be this law and regulation.

 Tuition fees, payment methods and rules to be applied during the service are determined in the contracts between the recipient of the education service and the service provider. If the student leaves from the registered educational institution after the start of the semester or a while after the semester starts, the amount of fee the student will be responsible for changes and these issues are determined in the contracts made between the parties. However, these contracts cannot be contrary to the mandatory provisions of the relevant law. The contract price determined for the education period is paid in full in cash or in installments.

 The right of withdrawal in installment service purchase contracts is 7 days from the date the contract is signed. If this time has elapsed or the contract price has been paid in full, the following regulations will apply.

How Much Tuition Fee Is Refundable?

 Those who leave the pre-school education institution, primary school, secondary school, special education school, secondary education schools, foreign language courses before the beginning of the academic  year, which determines the tuition fee annually or periodically within the scope of the Ministry of National Education Regulation on Private Education Institutions, will be refunded the part of the annual fee, except 10%. Those who leave after the beginning of the academic year are refunded 10% of the annual fee and the amount calculated according to the days of education. It is also worth noting that if a periodic contract is made with the training institution during the year, the calculations regarding the return of the fee should be made on the periodic amount in the contract, not on the annual amount, and it should be paid attention to this.

 In institutions that determine the tuition fee as course hours, the portion other than 10% (ten percent) of the tuition fee is refunded to those who leave the beginning of the term. Those who leave after the beginning of the semester are refunded 10% (ten percent) of the tuition fee, excluding the amount calculated according to the number of hours studied.

 The fee to be collected from the students or trainees who leave after starting the education cannot be more than the tuition fee determined by the contract.

Cases That Ten Percent Deduction Is Not Applicable

 If the leave of the students / trainees who are currently studying at the institution is based on one of the following reasons, 10% of the contract price must be returned to the students / trainees, without deduction, the fees corresponding to the days and hours after the date of leave.

⦁ Transfer of the student to another school

⦁ The student’s leave from the institution due to health reasons (must be determined by a medical report) Closure of the institution

⦁ Inability to open the period

⦁ Determination by provincial education inspectors that the education and training environment of the institution has changed negatively

⦁ Official institutions certifying that the student / trainee guardian is unable to educate the student / trainee at the institution

Application Ways in Case of Non-Refundable Tuition Fees

⦁  In the situations that the student or trainee decides not to continue education and returns from the contract made with the educational institution, legal deductions are made on the prepaid contract price as explained above. After these deductions are made, the remaining amount creates the right to receive the student or trainee. This claim is the right to receive money. The creditor, ie the student or the trainee, does not need any document because he / she will receive money. You can apply to the Executive Directorate and request execution without a verdict. Also, see for execution without judgment:

⦁ The consumer has the right to apply to the Provincial and District Arbitration Committee, according to the limit of the money receivable, instead of applying to the execution method without a verdict. Arbitration committees are under the body of the District Governorship and Governorship. Monetary application limits to the Consumer Arbitration Committees change every year. As of January 1, 2020, for receivables up to 6.920 TL, to the District Arbitration Committee; For receivables between 6.920 TL and 10.390 TL, an application should be made to the Provincial Arbitration Committee.

⦁ Consumers have the right to file a claim directly at the Consumer Court without applying to arbitration committees for their receivables of more than 10,390 TL.

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