Legal Q&A · IT, Software & E-commerce

We sell online courses. Can our terms say course fees are non-refundable?

Law as at 10 September 2026

Short answer

Not in that form. A consumer buying remotely has a 14-day withdrawal right that cannot be waived in advance, so the clause is invalid and may attract a fine. The law offers digital content sellers a lawful route: the right ends when supply begins if the customer expressly consented, acknowledged being informed of the loss of that right and received confirmation. This is addressed through checkout, rather than a sentence in the terms.

“Course fees are non-refundable in all circumstances” is intended to protect revenue but creates two problems: invalidity and grounds for a fine. Yet the law provides a procedure specifically suited to online courses that can lawfully avoid refunds.

Why a clause in the terms will not stand

Consumers have a 14-day right to withdraw from distance contracts under Act No. 108/2024 Coll. Under Section 54(1) of the Civil Code (Act No. 40/1964 Coll.), they cannot waive consumer protection rights in advance. A blanket non-refund statement therefore leaves customer rights intact while denying rights in a way the supervisory authority may sanction. The Slovak Trade Inspection has already penalised such a clause: in proceedings reviewed by appeal decision No. SK/0137/99/2022 of 26 May 2025, an online course seller’s terms said buyers could not cancel a digital content contract “under any circumstances” and “course fees are non-refundable”. The first-instance inspectorate imposed a EUR 1,000 fine for this and other deficiencies. Although the decision applied rules effective until 30 June 2024, the objection to non-refundable fees survived appeal, and the current rules are the same on this point.

When withdrawal rights for a course end

A prerecorded course accessed through a members’ area is digital content supplied without a tangible medium. Withdrawal rights end through conditions met in the ordering process:

A consumer may withdraw without giving a reason from a distance or off-premises contract within the period under Section 20(1) to (3), except a contract for […] (m) digital content supplied by the trader without a tangible medium, where (1) supply has begun and (2), if the consumer must pay a price, the consumer expressly consented to supply beginning before the withdrawal period expired, acknowledged having been duly informed that this consent means losing the withdrawal right when supply begins, and the trader provided confirmation under Section 17(12)(b) or (13)(b).

Section 19(1)(m) of Act No. 108/2024 Coll. (unofficial English translation)

At checkout, this means three steps: separate information on loss of the right; an actively ticked acknowledgement and express consent to course access before the period expires (Section 17(10)); and subsequent confirmation of both on a durable medium, typically the confirmation email (Section 17(12)(b)). If the consumer validly withdraws from the contract and any of these conditions was missing, the trader cannot require payment for the content supplied (Section 22(4)(b)). A defect in the ordering process alone, however, does not automatically extinguish the obligation to pay the price unless the consumer withdraws.

Live courses and webinars are services rather than content

A live course is a service. The withdrawal right ends only when the service has been fully performed, again provided performance began with express consent and acknowledgement of the information given (Section 19(1)(a)). If a customer withdraws during a course, they pay proportionately for teaching already delivered, but only if consent and information requirements were properly met (Section 21(5)). We discuss the basic deadline rules, including extensions where information is missing, in withdrawal from online shop contracts.

How we can help

We configure checkout, notices and confirmation emails alongside your online shop terms so withdrawal rights actually end when intended. For courses sold as memberships or applications, we prepare a SaaS agreement and terms and licence terms for the content, clarifying what buyers may do with the materials.

If you already sell courses with a non-refundable-fee clause, send us the terms for review. Correcting checkout is quick and addresses invalidity and the risk of a fine together.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Nobody enters a name or email on our website. Do we need to address the GDPR at all? Generally yes, for three reasons. Under EU case law, a visitor's IP address is personal data if you can identify them with help from others, as is usually the case with ordinary server logs. The GDPR expressly treats pseudonymous identifiers, such as analytics cookies, as personal data: anonymity must be achieved rather than assumed. Embedded third-party scripts may create joint controllership where you jointly determine the purposes and means of specific operations. Depending on the setup, the third party may instead be a processor or an independent controller. The first question is therefore technical: what does your website load in the background?
  2. A client refuses to pay for standby because no intervention was needed. Are they right? Generally not. Under service contracts, standby fees pay for reserved capacity and readiness to respond within the agreed time, which has value even in a month without incidents. Entitlement depends on agreed and actually maintained availability rather than intervention numbers. In a dispute, the provider must prove availability, making duty schedules, availability records and responses to requests decisive.
  3. We are planning a purchase-linked consumer competition. Do we need a licence, and who pays tax on prizes? No licence is needed. A purchase-linked competition is a promotional competition expressly excluded by gambling law, provided it promotes sales, is not a separate business and requires no stake; payment for goods is not a stake. The rules are a consumer contract with corresponding requirements. For tax, the organiser withholds tax on cash prizes; winners declare non-cash prizes, while prizes within the statutory limit are exempt. Czech promotional competitions without a stake likewise require no licence.
  4. Can we send newsletters to existing customers without their express consent? Yes, for existing customers, subject to the statutory exception. The Electronic Communications Act requires prior demonstrable consent for email marketing. Consent is unnecessary when promoting your own similar goods or services to people whose address you obtained during a sale, provided they can refuse easily and free of charge both when you collect it and in every message. Bought or borrowed databases do not qualify. You also need a GDPR legal basis, usually legitimate interests, with a right to object at any time.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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