Unfair Terms in Nursery Terms and Conditions

MikeAtkins

Hi all,

I have recently booked a two week holiday and a short break. As such, I need to take my son out of nursery for two weeks and one day. I pay in advance for his attendance on a monthly basis.

I asked the nursery if I could swap one of his attendance days - he usually attends on a Monday, Wednesday and Friday. We wouldn't be home on the Monday and I asked if I could substitute the Monday session and move it to the Thursday - I was told "No" - and if I did, I would need to pay for this privilege! This seems completely unfair given that I have paid for the Monday session already! And he is not attending on the Monday so, in effect, I am paying twice? Is this legal and enforceable. I believe it to be an unfair terms of contract. Am I right?

When I challenged this, I received a formal reply form the Director of the Company telling me I was childish, immature, threatening and bullying. Can I bring to the attention of the media - by the way, she also made a threat that if I did challenge this then she would "review my relationship with the nursery". I interpreted this as her terminating the contract meaning my son could no go to the nursery.

I replied telling her I was shocked at her lack of Professionalism and she replied telling me to be more respectful !!!

What can i do about this? Please help as am appalled at this level of abuse. Why should I pay for a service I am not getting?

MikeAtkins

Oh - even though he is not attending on for the two weeks - we also have to pay the same rate as if he were still in nursery? I simply can't understand why I have to pay for his non-attendance.

tronski

Those terms and conditions sound completely normal to me. What does it actually say in the contract you signed when your child joined the nursery?

The email could have been more professional.

cte1111

I think those are standard terms. Most nurseries won't let you swap days round unless you pay for the 'extra' days (even if you aren't using the original days). It is frustrating, I've found it so but the justification is that they have to pay their staff and other overheads whether your child is there or not. It is unlikely that they will be able to fill the space for just those 2 weeks.

I would be pretty offended by the email. How is your child getting on at the nursery? If they are enjoying it and you are otherwise happy with the nursery then I think you have to let this one go.

MikeAtkins

Well, I think the terms are unfair and unenforceable - I spoke to the OFT today and they want me to write to them with a copy of the terms and conditions. Would you pay your gas, water, phone bill if you did not have the service for two weeks? Of course not! I accept that there are overheads - I run two businesses but I don't charge for a service I don't supply? So why should it be any different for child care?

go_cat

Most nurseries are exctly the same including mine!

You should read your contract with them before you threaten media involvement. they are not doing anything wrong

halibut2209

A nursey has to have a member of staff per x children. It's quite possible that switching from a monday to a thursday would mean that they'd need to hire an extra member of staff for that day, costing them.

As it is your choice to go away, then you are liable to pay. We had a fight to get our money back when our nursery closed because the leader's dog was poorly!

As for the letter, I cannot comment having not read it.

EDIT

"Why should I pay for a service I am not getting?"
The service IS being provided. You are choosing not to use it.

go_cat

MikeAtkins wrote: »

Well, I think the terms are unfair and unenforceable - I spoke to the OFT today and they want me to write to them with a copy of the terms and conditions. Would you pay your gas, water, phone bill if you did not have the service for two weeks? Of course not! I accept that there are overheads - I run two businesses but I don't charge for a service I don't supply? So why should it be any different for child care?

If you have signed a contract which like most nurseries says holidays are still to be paid for you do not have a leg to stand on as you have agreed this

dmg24

MikeAtkins wrote: »

Well, I think the terms are unfair and unenforceable - I spoke to the OFT today and they want me to write to them with a copy of the terms and conditions. Would you pay your gas, water, phone bill if you did not have the service for two weeks? Of course not! I accept that there are overheads - I run two businesses but I don't charge for a service I don't supply? So why should it be any different for child care?

Why have you asked for advice when you are simply going to discount anyone that disagrees with you?

BoGoF

MikeAtkins wrote: »

Well, I think the terms are unfair and unenforceable - I spoke to the OFT today and they want me to write to them with a copy of the terms and conditions. Would you pay your gas, water, phone bill if you did not have the service for two weeks? Of course not! I accept that there are overheads - I run two businesses but I don't charge for a service I don't supply? So why should it be any different for child care?

So you wont be paying yout tv licence, phone line rental etc etc for the 2 weeks you are on holiday......after all you wont be using them. Same principle applies you signed a contract that your child attends x, y and z days of the week. Don't you think on that basis they calculate number of staff etc required.

As has been said before if your child is happy then are you prepared to put saving a few quid before their happiness ?

tomwakefield

MikeAtkins wrote: »

Well, I think the terms are unfair and unenforceable - I spoke to the OFT today and they want me to write to them with a copy of the terms and conditions. Would you pay your gas, water, phone bill if you did not have the service for two weeks? Of course not! I accept that there are overheads - I run two businesses but I don't charge for a service I don't supply? So why should it be any different for child care?

It looks like your child will not be allowed to go on the Thursday without paying, and they aren't planning on refunding you. Therefore your other option to ensure you are not paying for a day you aren't attending is to try and claim a refund of that day through the small claims court and have the legality of the T&Cs tested.

Do you pay a fixed amount each month, or does it vary based on exact number of Mondays/Wednesdays/Fridays that month?