Payment for Meals in a Talmud Torah
Question
Hello,
I would like to clarify several questions regarding ordering meals for the students of the Talmud Torah:
1. The parents pay at the beginning of the year for the meals for the entire year. If during the year parents ask to cancel one or two months, claiming that their son is no longer interested in the food, are they entitled to demand a refund for the canceled period?
2. During the year there was a period of war during which there were no classes. Are the parents entitled to a refund for that month, or is there no obligation to return the payment to them?
3. When parents join for a short period (for example, one month) and pay for the meals, and the payment is intended for the catering company — if in practice I asked the company to reduce the number of meals because of a decrease in demand, and a certain amount of the collected payment remained with me, must I also transfer that amount to the catering company, or may I keep it as a brokerage fee or compensation for the effort involved in handling and managing the meal system?
Thank you very much.
Answer
Hello and blessings,
1. Everything depends on the agreement. If there was no agreement, they may withdraw. (Choshen Mishpat, sections 204 and 333).
2. You are obligated to refund them.
3. If you are buying and selling, you may keep it for yourself. However, if you are an agent, as appears from your words — “the payment is intended for the catering company” — you may not keep it for yourself. This is except for a small amount that remains, where it is difficult to refund and distribute it among the parents; that amount you may keep.