Unfair Terms in Nursery Terms and Conditions

Daisy_doo_3

It clearly states in terms at our nursery that we are paying for the space and not the attendance. This is to keep "our space" available. We are expected to pay 51 weeks a year (they close at Xmas)

Not sure why they wouldn't let u use another day (unless they were at staff/child capacity) but do agree this could have been dealt with better by staff.

Hope you get it sorted and you enjoy your holiday.

poet123

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?

But you do pay your water /line rental for phone when you are away, as the service is still available to you, it is you who are choosing not to use it.

mo786uk

Its very unlikely that it will be found to be an unfair contract term.

Anyway I thought the OFT didnt get involved in single issues for consumers like this? Isnt that what your local Trading Standards is for?

MikeAtkins

Daisy_doo wrote: »

It clearly states in terms at our nursery that we are paying for the space and not the attendance. This is to keep "our space" available. We are expected to pay 51 weeks a year (they close at Xmas)

Not sure why they wouldn't let u use another day (unless they were at staff/child capacity) but do agree this could have been dealt with better by staff.

Hope you get it sorted and you enjoy your holiday.

Thank you for this comment - it has been one of the better posts to my question.

meer53

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?

What did you say to the Director of the Company that led to them calling you "childish, immature,threatening and bullying" ? If they're saying they will review your relationship with them, you must have upset someone BIG style ! We don't have the nursery's side of the story but we don't really need it.

You're calling it abuse, they must have reacted this way for a reason, you're annoyed, they're annoyed, unfortunately, they're right in this situation, let it go, but learn from it.

poet123

I agree, sadly, you must have come across as all those things to elicit a response of that nature.

The first rule of complaining is go in politely, and softly with a clear conclusion as to what your desired outcome is. You will never get an amicable resolution if you try to throw your weight around from the off. In any complaint situation it may come down to that, but it is never wise to start at that point.

Perhaps you could post your initial letter?

melancholly

yeah - hard to judge if the reply from the nursery is unwarranted without seeing the initial complaint letter.....

easyhost

corbyboy wrote: »

Ah, but you do. Are your phone company going to give you a rebate for 2 weeks line rental when you are away? Are your water company going to refund you for 2 weeks of surface drainage while you are away? What about your TV licence?

dont forget Council Tax, would your local authority not charge you for the 2 weeks you are away

dan_l

easyhost wrote: »

dont forget Council Tax, would your local authority not charge you for the 2 weeks you are away

Alright I think we get the picture, no need to go through all your direct debits

poet123

Equally, those in charge of educational establishments do have to regularly deal with parents who exhibit those traits. Those whose sole aim is to get their own way, and who often have a very blinkered, self centred view of what education is there for, or who it seeks to serve, and cannot understand that "duty of care" extends to all children, not just to theirs.