Unfair Terms in Nursery Terms and Conditions

BoGoF

tomwakefield wrote: »

Even so, that doesn't necessarily mean it's binding if it can be found to be unenforceable. But in that case, I think it's a matter of picking your battles.

I agree with you there, but if this particular case were to be tested there would only be one loser.....the child.

mumps

I think this is normal, never heard of a nursery that didn't do it.

gordikin

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?

We do though, there is line rental, standing charges for energy and water rates..all of which I have to pay whilst on holiday...such is life.

MikeAtkins

I think I will submit my letter to the OFT and ask them to review the terms and conditions - at the end of the day, it's for a judge to decide what it fair and there are some very valid points being made here! But I still think it is unfair - just to clarify - I think it is unfair because I am having to pay for something I am not getting - and if I had the choice, I would not pay! But due to a contract, I have no option but to pay otherwise they could terminate the contract which my child's educational and welfare needs suffer - I'd never do that to my son and I think these people play on that. I agree, it's my choice to go away - but then everybody has the right to go away on holiday - it doesn't mean I have to pay on top of what I have already paid. I think I will take legal advice and submit my letter to the OFT. Thanks Guys.

geordieracer

MikeAtkins wrote: »

I think I will submit my letter to the OFT and ask them to review the terms and conditions - at the end of the day, it's for a judge to decide what it fair and there are some very valid points being made here! But I still think it is unfair - just to clarify - I think it is unfair because I am having to pay for something I am not getting - and if I had the choice, I would not pay! But due to a contract, I have no option but to pay otherwise they could terminate the contract which my child's educational and welfare needs suffer - I'd never do that to my son and I think these people play on that. I agree, it's my choice to go away - but then everybody has the right to go away on holiday - it doesn't mean I have to pay on top of what I have already paid. I think I will take legal advice and submit my letter to the OFT. Thanks Guys.

Thats right. now you have to pay your council tax when you go away on holiday dont you? Whats the difference? A contract is just that.

CountryGuy

MikeAtkins wrote: »

I am not dismissing what people are saying, I am trying identify peoples views whilst expressing my own. Thanks for the reply any way.

look at it this way, suppose a parent ask for their child to attend on the Monday instead of the wednesday. They agree, meaning they break the law for staff/children ratio. That day, your child gets injured!

Who are you going to blame? The nursery for taking on an extra child without the correct number of staff.

The nursery would be severely reprimanded and probably sued!

CountryGuy

MikeAtkins wrote: »

I think I will submit my letter to the OFT and ask them to review the terms and conditions - at the end of the day, it's for a judge to decide what it fair and there are some very valid points being made here! But I still think it is unfair - just to clarify - I think it is unfair because I am having to pay for something I am not getting - and if I had the choice, I would not pay! But due to a contract, I have no option but to pay otherwise they could terminate the contract which my child's educational and welfare needs suffer - I'd never do that to my son and I think these people play on that. I agree, it's my choice to go away - but then everybody has the right to go away on holiday - it doesn't mean I have to pay on top of what I have already paid. I think I will take legal advice and submit my letter to the OFT. Thanks Guys.

You will be wasting your time. You signed a contract, it isn't the nursery at fault if you failed to read the terms and conditions.

If you researched nurseries you will find they all follow the same policy.

BoGoF

I'm afraid this guy had made his mind up before posting here.

warehouse

It's in the contract you signed so pay up and move on. You do read contracts you sign I presume?

LittleMissMPB

It's standard for all nurseries. At the end of the day they need to make a profit, just like any other company. It's not their fault that you are taking the child on holiday, so why should they loose out? It's not as though they can allow another child to join the nursery to take his place just for 2 weeks? In effect you are paying for them to keep his 'space'.