ADVOKS GLOBAL · KENYA
Consumer Protection Act
30. Trustee for payment for unavailable services
Edition: 2022-12-31 · In force
30. Trustee for payment for unavailable services
(1)No supplier shall receive payment from a consumer for personal development services that are not available at the time the payment is made.(2)Subsection (1) does not apply when one of the services that is not available is the use of a facility and the consumer has agreed in writing to use another facility provided by the supplier until the facility contracted for is available.(3)If a facility is not available for use on the day specified in the agreement, the trustee shall refund all payment received from the consumer unless the consumer agrees in writing to permit the trustee to retain the payment.(4)No permission given under subsection (3) applies for longer than ninety days but a subsequent permission may be given on the expiration of permission.(5)Where a supplier has a trustee under subsection (1)—(a)any notice to the trustee shall be deemed to be notice to the supplier; and(b)any money payable by the supplier is payable by the trustee to the extent that the trustee holds sufficient trust funds for that purpose.(6)Every trustee under subsection (1) shall, upon receiving any payment from a consumer, provide the consumer with written confirmation of receipt of the payment and of the fact that the payment will be dealt with in accordance with sections 24 to 29 and with this section.(7)No trustee shall release to a supplier funds received from a consumer until the personal development services are available.(8)The trustee shall release the funds held under this section to the consumer if the consumer cancels the personal development services agreement in accordance with this Act.