Unfair Terms in Nursery Terms and Conditions

Flyboy152

MikeAtkins wrote: »

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?

As far as the terms are concerned, there is nothing strictly "unfair." However, the director's comments should be highlighted to your LEA/Children's Services and/or OFSTED.

Do you really want to continue with nursery?

gordikin

Flyboy152 wrote: »

As far as the terms are concerned, there is nothing strictly "unfair." However, the director's comments should be highlighted to your LEA/Children's Services and/or OFSTED.

Do you really want to continue with nursery?

....this Nursery?

Flyboy152

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?

Would you expect not to have to pay your mobile telephone contract, because you went on holiday for two weeks?

BoGoF

Flyboy152 wrote: »

As far as the terms are concerned, there is nothing strictly "unfair." However, the director's comments should be highlighted to your LEA/Children's Services and/or OFSTED.

Do you really want to continue with nursery?

Judging by the OP's belief he has been wronged and his own admission he was "bloody angry" then we may be getting a rather one sided version of events. That said the Director should not have responded in that manner.

Flyboy152

gordikin wrote: »

....this Nursery?

:rotfl::rotfl::doh: :doh:

Flyboy152

BoGoF wrote: »

Judging by the OP's belief he has been wronged and his own admission he was "bloody angry" then we may be getting a rather one sided version of events. That said the Director should not have responded in that manner.

Two wrongs do not make a right and if any of my children were attending this nursery, I'd have serious misgivings about the competency and commitment from this person to be teaching them the values needed to start their lives with.

BoGoF

But the OP also said his son was very happy and was otherwise delighted with the nursery.

Flyboy152

BoGoF wrote: »

But the OP also said his son was very happy and was otherwise delighted with the nursery.

But seriously, the director of the company that runs the nursery behaves with a "yah-boo sucks, :p" attitude, is not fit to be alone with children.

BoGoF

......well we've been told she did....who knows the truth

gordikin

money x 2 = 10 characters