I guess the way I see it you paid money to the provider to guarantee she hold a spot open for you until January. You paid, and she did not hold the spot until then. You didn't ask her to hold a spot until November and had you known that your spot would not be guaranteed come January you would have gone elsewhere instead of paying her the money.

If I were the provider and I were being paid to hold a spot and the spot became unavailable for any reason then I would feel obligated to refund the entire holding fee because I was the one changing the terms.

I would fight it if I were in your shoes.

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