The Servicio Nacional del Consumidor (SERNAC) y la Superintendencia de Educación Superior (SES) reiteraron que el próximo jueves 29 de enero vence el plazo para que los estudiantes que ingresan a la educación superior por primera vez puedan ejercer el derecho a retracto establecido en la Ley del Consumidor (LPC).
This right benefits the young people entering their first year of an undergraduate degree program at a university, technical training center, or professional institute, who have pre-enrolled in another institution and wish to transfer after knowing the results of their applications to institutions that are part of the Higher Education Access System, allowing them Recover the money paid.
Tal como lo establece la Ley, desde el martes 20 de enero, cuando se completó la primera publicación de los resultados de las postulaciones y se inició el período de matrículas para las universidades pertenecientes al Consejo de Rectores, los estudiantes tienen un plazo de 10 días corridos para ejercer el derecho a retracto, para lo cual deben acreditar, ante la institución respecto de la cual se ejerce esta facultad, encontrarse matriculado en otra entidad de educación superior.
How to exercise the right of withdrawal?
To exercise the right of withdrawal, students must present to the institution where they originally enrolled, the proof of second enrollment, next to a Photograph of the valid identity card on both sides, and ideally a withdrawal letter.
To ensure that higher education institutions respect the right of withdrawal, The SERNAC and the SES will jointly monitor the behavior, within the framework of the cooperation agreement in force between both state agencies.
The right of withdrawal implies a period during which a consumer can cancel a contract or purchase without giving a reason and without penalty.
- The withdrawal can be exercised by students enrolled for the year 2026, or whoever made the payment on their behalf, regardless of the time elapsed prior to the publication of the access system results.
- The higher education institution should return the tuition paid and the documentation supporting the payment of the year within 10 calendar days since the student exercised the right of withdrawal.
- The educational institution may only retain an amount from the payment that may not exceed 1% of the annual tuition for the course of study for administrative costs.
Additionally, while the right of withdrawal is valid, Higher education institutions cannot negotiate documents they have received., in support of the respective educational period.
In other words, the documentation cannot be the subject of a factoring operation; cannot be endorsed or pledged as collateral; nor hand them over to a collection agency; nor perform any other similar operation.
Step-by-step guide to exercising the right of withdrawal
- The first step is to present proof of the second enrollment to the institution where you originally enrolled.
- Accompany the proof of the second registration, ideally with a letter, in which you state that you wish to exercise the right of withdrawal, making the date clear. Users can access a letter format by visiting sernac.cl/withdrawal or on the website www.sesuperior.cl
- Ask the institution to stamp or sign a copy of the letter as proof of the date the right became effective, in case of future issues.
- If after 10 calendar days have passed since this process, you have not received the refund or confirmation of contract cancellation, it could be a violation of the Consumer Protection Law.
- If any institution does not respect this right, students can File a claim with SERNAC en sernac.cl o calling the phone 800 700 100 or to the SES www.sesuperior.cl.
- In case of doubt, both SERNAC and SES have on their respective websites with all the information on the right of withdrawal and how to exercise it correctly.
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