Services Not Rendered

[CrookedComcast]

What is the name of your state (only U.S. law)? New Jersey

My daughter is in a new daycare and payments are made on/ billed on a weekly basis. In the school's contract they state that if your child is not in attendence for a week, you will still be billed for that week. Meaning if you chose to keep your child home when they are open they will still charge you, I am ok with that. However, they were closed for a week due to impacts from hurricane Sandy, and now they want me to pay for that week even though they were physically closed. Can they do this? Why should I pay them for childcare, when my child had to come to work with me?

 

[Zigner]

This is a tough one. I would agree with you that if they are not providing the service, you shouldn't have to pay. However, are you ready to find a new daycare provider?

 

[Mass_Shyster]

In the school's contract they state that if your child is not in attendence for a week, you will still be billed for that week. Meaning if you chose to keep your child home when they are open they will still charge you

Are you sure that is the correct meaning?

if your child is not in attendence for a week, you will still be billed for that week

If this is precisely what the contract states, then it sounds like you may be stuck.

 

[Zigner]

Are you sure that is the correct meaning?



If this is precisely what the contract states, then it sounds like you may be stuck.

If the provider of services is unable to provide those services, then the customer is not required to pay for them. The "meaning" of the contract is that if the parent decides to not have the child attend (for whatever reason) then payment is still required. In this case, the facility was closed.

 

[Mass_Shyster]

If the provider of services is unable to provide those services, then the customer is not required to pay for them.

I guess I missed that paragraph in the original post. I sure wish my school followed that policy. I'd save a bundle every snowstorm.

Sorry for the confusion.

 

[Zigner]

I guess I missed that paragraph in the original post. I sure wish my school followed that policy. I'd save a bundle every snowstorm.

Sorry for the confusion.

The real question is how hard one wishes to push the issue.

 

[CrookedComcast]

Right now I have a few other parents about as angry as I am. The school claims that they are non-profit and rely on the tuition to keep the school open which is why they are billing us for 2 weeks. The week beginning 10/29 and the week of 11/05. As parents we all agree, since the school was open and operating the week of November 5, 2012 we will pay for that week. But not the week they were physically closed. Here in NJ childcare can be as costly as $250 per week, so to spring that on people in my opinion is not fair. I found the school's handbook last night and there is no mention of inclement weather closures.

The week of missed school policy is actually under a section called vacations where they state:

"If you child is not in attendence for a few days, you will be still be billed for the full week. (i.e. if your child is sick for several days, you will be charged for that week)"

That is how it's specifically stated. I want to make more parents aware, but most of them are scared that if they do not pay their child will not be allowed to attend.

 

[tranquility]

If they are closed due to natural emergency, the contract is called impossible. They would not be in breach (causing the OP the ability to sue for damages), but, the provider couldn't sue either. They didn't provide the service contracted for.

I agree with Zigner, it all depends on how hard to push. Legally? They are not going to be able to successfully sue for the week's fee. But, they can let the client go and we all know how hard quality day care is to find.

 

[Mass_Shyster]

I want to make more parents aware, but most of them are scared that if they do not pay their child will not be allowed to attend.

If EVERYBODY refuses to pay, will the refuse to let EVERYONE attend?

 

[tranquility]

If EVERYBODY refuses to pay, will the refuse to let EVERYONE attend?

That sounds good to me. One problem is client lists can be a bit sketchy, just to prevent this and to prevent new competitors from taking clients.