Revised Laws of Saint Lucia (2022)

110.   Apportionment of payment where service not received

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    (1)   Where a service is provided to a consumer —

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      (a)     the supplier is deemed to be providing the consumer with a benefit under the consumer agreement;

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      (b)     subsection (2) applies where a fee is collected from the consumer for that service.

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    (2)   Subject to subsection (3), a supplier —

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      (a)     is liable to make a full refund to the consumer, if for reasons not attributable to the consumer, the benefit is not received by the consumer; or

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      (b)     shall where the benefit is received only in part —

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        (i)     refund a proportionate part of the fees collected, or

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        (ii)     be entitled to receive a similar proportionate part of any unpaid fees.

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    (3)   Subsection (2) does not apply in any case where the consumer contracts to pay the supplier a prescribed fee regardless of whether the consumer receives the benefit.

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    (4)   A supplier who offers a service to a consumer shall —

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      (a)     stipulate the extent of the benefit that is deemed to be attached to the service; and

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      (b)     provide the consumer with an appropriate warranty that —

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        (i)     the benefit is enjoyed for a reasonable time, subject to the fulfillment of such conditions attached by the supplier as may be reasonable to the enjoyment by the consumer of that benefit, and

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        (ii)     if the benefit is not so enjoyed, the supplier shall again provide the service free of charge to the consumer.