Private nursery refund

nicole18liv

Looking for a bit of advice. 

Am I due a refund from my private nursery for the days the nursery was closed to all children but key workers due to the coronavirus? 

Thank you in advance 

sharpe106

What does your contract say about them being unable to provide the service?

 

What have they stated/offered?

 

Have you been paying the full amount during the lock down period or a percentage?

Carrot007

sharpe106 said:

What does your contract say about them being unable to provide the service?

 

What have they stated/offered?

 

Have you been paying the full amount during the lock down period or a percentage?

And probably most importantly. Do you expect to be able to use them again?

unholyangel

sharpe106 said:

What does your contract say about them being unable to provide the service?

 

What have they stated/offered?

 

Have you been paying the full amount during the lock down period or a percentage?

In this instance it doesn't really matter what the contract states - any term that allows them to suspend provision of services but makes the OP liable to continue to pay is highly likely to be unfair and therefore, legally unforceable.This is because such a term would have the effect of making the contract binding on the OP only and a contract is equally binding on both parties.

However OP may want to keep in mind if they want to use them again, as not all nurseries provide the same level of care nevermind at the same price. 

[Deleted User]

unholyangel said:

In this instance it doesn't really matter what the contract states - any term that allows them to suspend provision of services but makes the OP liable to continue to pay is highly likely to be unfair and therefore, legally unforceable.This is because such a term would have the effect of making the contract binding on the OP only and a contract is equally binding on both parties.

I would think it would matter what the contract says, because the OP is specifically asking if she is able to claim a refund, where they may be able to offer a credit against future services rather than a refund. 

I am reading it that they chose to continue to pay even whilst closed, rather than just a few days, so it may be a larger amount, of course it could just be that they paid until the end of March, but the nursery closed on 20th March.

unholyangel

MadMattUK said:

unholyangel said:

In this instance it doesn't really matter what the contract states - any term that allows them to suspend provision of services but makes the OP liable to continue to pay is highly likely to be unfair and therefore, legally unforceable.This is because such a term would have the effect of making the contract binding on the OP only and a contract is equally binding on both parties.

I would think it would matter what the contract says, because the OP is specifically asking if she is able to claim a refund, where they may be able to offer a credit against future services rather than a refund. 

I am reading it that they chose to continue to pay even whilst closed, rather than just a few days, so it may be a larger amount, of course it could just be that they paid until the end of March, but the nursery closed on 20th March.

Nope. Retention of prepayments would also be an unfair term - particularly where it's the nursery themselves in breach of contract. As the breach isn't within their control then if the contract has a force majeure clause they can escape liability for damages, but they still aren't entitled to retain money for services not provided. 

Have a look at CMA's unfair contract guidance. 

SidJ

Childcare is an area where demand far outstrips supply. You may get your money back but unlikely to get a place when things settle down