Nursery changed opening times - can I get my deposit and registration fee back?

Carly1485

Hi everyone, I am hoping to get some advice in case anyone has experienced anything similar in the past. 

I signed up my son to a nursery last April 2023 for a start in May 2024.
In order to secure the place, I had to pay a deposit of £400 and a non-refundable registration fee of £100.
The T&C's state that the "deposit will be returned when your child leaves the nursery providing, they have attended for at least one full calendar month, all fees due have been paid and one full calendar months’ notice has been given.".

Since accepting the T&C's and paying the full amount of £500 for registration fee + deposit, the nursery changed their opening hours from 7am-7pm to 7.30am-6.30pm. They did not make an adjustment on fees (if anything, they actually increased them with their yearly inflation review).

I can't see anything in the T&C's regarding changes to opening times and given the new ones are not suitable for us, I would like to cancel my place and find a different arrangement for my son.

Will I be able to get my money back and do you think I could ask for the full amount of £500 given that the T&C's do not address changes to the nursery's operating hours and the contract I signed clearly specifies that the opening hours were 7am to 7 pm? Any suggestion would be greatly appreciated. 

Many thanks!

born_again

I would start by talking to them.

Alderbank

Carly1485 said:

Hi everyone, I am hoping to get some advice in case anyone has experienced anything similar in the past. 

I signed up my son to a nursery last April 2023 for a start in May 2024.
In order to secure the place, I had to pay a deposit of £400 and a non-refundable registration fee of £100.
The T&C's state that the "deposit will be returned when your child leaves the nursery providing, they have attended for at least one full calendar month, all fees due have been paid and one full calendar months’ notice has been given.".

Since accepting the T&C's and paying the full amount of £500 for registration fee + deposit, the nursery changed their opening hours from 7am-7pm to 7.30am-6.30pm. They did not make an adjustment on fees (if anything, they actually increased them with their yearly inflation review).

I can't see anything in the T&C's regarding changes to opening times and given the new ones are not suitable for us, I would like to cancel my place and find a different arrangement for my son.

Will I be able to get my money back and do you think I could ask for the full amount of £500 given that the T&C's do not address changes to the nursery's operating hours and the contract I signed clearly specifies that the opening hours were 7am to 7 pm? Any suggestion would be greatly appreciated. 

Many thanks!

Welcome to the forum.

Yes, you should ask for the full amount of £500.

The nursery has breached the terms of the contract you agreed, so you are entitled to be put back in the position you were in before the breach. The reason might be that the nursery is finding it impossible to recruit or train enough staff but that is not your concern.

If the service had already started you would not be entitled to refund of any services already supplied but that is not the case here.

Nursery places are in short supply in many areas, I hope you are successful at finding an alternative

the_lunatic_is_in_my_head

Hello OP

Generally speaking traders can only vary the terms of the contract if very specifically defined in the contract and for a valid reason.

If no such clause exists then as above they should refund in full (both the deposit and registration fees), but as above depending where you are it might be difficult to find another good place for May this year so unless you need the nursery 7:00am & 7:30am or 6:30pm & 7:00pm it might be wise to stick.

If you do cancel I have a feeling you might see your deposit easily but they'll dig their heels in on the registration fees. If you need more specific advice pop back after talking to them  

la531983

Were you really planning on having your child in the nursery for the WHOLE twelve hours each day?

bluelad1927

la531983 said:

Were you really planning on having your child in the nursery for the WHOLE twelve hours each day?

Why would the number of hours matter?. If they needed to drop their child off at 7.15am or collect at 6.45pm then they can no longer do this

la531983

bluelad1927 said:

la531983 said:

Were you really planning on having your child in the nursery for the WHOLE twelve hours each day?

Why would the number of hours matter?. If they needed to drop their child off at 7.15am or collect at 6.45pm then they can no longer do this

Indeed, they never specified why the new hours created a problem though. Nor does it seem have they had any form of discussion with the nursery yet, if this is all for the sake of maybe 15 minutes either at the start or the end of the day they perhaps maybe would be able to make some form of compromise, before wading in any demanding refunds and potentially getting their backs up.

Veteransaver

Technically you have a case. But unless you absolutely needed those hours and presumably now need to find another nursery at short notice you might have to suck it up

Note that it is a deposit, so presume is offset from the fees, so you won't lose it even if you start and find somewhere else after a month or so.
So unless you absolutely now have to withdraw from the arrangement I wouldn't do anything rash.