Childcare provider won't issue full refund despite changing terms of service

DoubleJoe7

Quite annoyed about this one.

We booked our child into an after-school childcare setting earlier this summer. My wife and I both work and the big appeal for this provider was that they had a bus service that would come to our child's school, collect them, and bring them to the setting.

Three weeks before school starts, after we had paid a deposit, and they dropped the bombshell that they were cancelling the bus service and that it was now up to parents to drop the kids. This left us in a predicament as we both work, and we've had a stressful few weeks trying to sort an alternative arrangement.

The manager apologised to me at the time and said we'd get a full refund on the deposit if we decided to leave. I told her at the time that we would look elsewhere in the meantime and use them as an absolute last resort as it would mean me spending my lunch hour battling traffic to collect my kid, getting to the childcare setting, then back to work which isn't sustainable. In the meantime they sought the first two weeks payment which we paid as, like I said, we were trying hard to find an alternative and didn't want to be left with nothing.

Thankfully we got sorted with an alternative that works today, and I informed the childcare provider. My child hasn't started there and wasn't due to for another week. However they emailed to say they would refund us the deposit but not the two weeks payment as this would - quote - "put them at a loss".

I couldn't believe this as this situation is through no fault of our own. They talk about how they can't be expected to take a loss, yet think nothing of taking our money for nothing, after they caused us stress by changing their service.

We now have to pay for the alternative childcare AND two weeks of a service that won't be provided. I replied to say that we expect a full refund of all money paid as we are in no way responsible for this situation and that they are the ones who changed the terms. They have not replied.

Has anyone any advice on what I can do here? Thanks.

walterking

They seem to be adhering to what they have promised and given you a full refund of your deposit.

The 2 week payment ensured you had a place for your child and they would have rostered in the staff relevant to the confirmed number of children and possibly also turned away someone.

In this case, I really can't see an entitlement to the 2 weeks payment - many would have asked for a month.

DoubleJoe7

https://www.boards.ie/discussion/comment/119610293#Comment_119610293

When they sought the 2 week payment we told them that we would pay it but that we were actively seeking an alternative given they fundamentally changed the terms of our original agreement. They did not indicate at any point in that discussion that that payment was non-refundable, all they said was they understood our position and that of course we should look elsewhere if we could find something that suits.

cml387

Thread title is misleading.

You received your deposit back.

You seem to be looking for two weeks free childcare as well.

Patrick2010

https://www.boards.ie/discussion/comment/119611420#Comment_119611420

But they won't be getting any childcare from this provider. Given the provider changed the terms of their service I think they should refund, I can't see where their "loss" is coming from.

pauliebdub

https://www.boards.ie/discussion/comment/119610293#Comment_119610293

This the reason, it's to avoid the childcare provider left hanging while you (or other parents) look for an alternative that suits your routine - which is not really their problem. Presumably you would have gone with this provider had you failed to secure an alternative? There's probably not a lot you can do about it.

cml387

https://www.boards.ie/discussion/comment/119611459#Comment_119611459

Yes, I see they didn't actually leave the children there. It does seem a bit of a stretch to look for two weeks childcare that wasn't used

DoubleJoe7

https://www.boards.ie/discussion/comment/119611510#Comment_119611510

But we shouldn't be left out of pocket because they changed the terms of the service after we had signed up to it. To reiterate, when they told us the bus service was dropped they apologised and offered a refund if we decided to go elsewhere. We told them we would be looking elsewhere - they even gave us suggestions as to places try. When they looked for the two weeks payment we told them we were still looking elsewhere, they acknowledged this and never told us this money was non refundable. As far as we were concerned, based on a conversation with the manager, they were acknowledging they had put us in a difficult position and had said we would be refunded. At no point were we told that any money paid was non-refundable.

Uncle Pierre

I have sympathy with your situation here, but have to point out that just as they didn't say that the two weeks' payment wouldn't be refundable, they must not have said either that it would be refundable.

Either way, to try get a refund, you're probably going to have to consider either a solicitor's letter or a case in the Small Claims Court. All you'll probably get here is a collection of opinions on whether or not they should refund, and even if the opinions were 99% in your favour, that won't make any difference as regards whether they actually pack you back or not.

irelandrover

But you paid the two weeks after you knew the bus had been cancelled. So they didn't change the terms after you paid.

I'd assume any money I paid for daycare was non refundable to be honest. You got your deposit back as they agreed.

cruizer101

I'd be inclined to go small claims court. I think you should get refunded but can see others point. Maybe try see if they would be happy to meet you halfway if you would be open to that. Otherwise you can try let the court decide, for the sake of 25 quid would be worth trying if they outright refuse.

lawred2

https://www.boards.ie/discussion/comment/119611420#Comment_119611420

on the contrary - the childcare provider is seeking to retain 2 weeks payment for no services rendered

these boards threads are ALWAYS the same

Someone posts a relatable and understandable story of getting short shrift over something and it's immediately hit with a host of posts which amount to nothing more than "suck it up you whinger"

Del2005

https://www.boards.ie/discussion/comment/119611971#Comment_119611971

If they paid by credit or debit card I'd be going for a charge back. Service was not provided and the childcare changed the contract.

irelandrover

https://www.boards.ie/discussion/comment/119611995#Comment_119611995

Did the provider say the child couldn't come or did the OP just not send them. If they were told they couldn't send the child then of course they should get a refund. However it seems the provider made a place available and the OP sent the child to the new daycare.

Op, how much notice did you give that you wouldn't be sending your child?

DoubleJoe7

https://www.boards.ie/discussion/comment/119614503#Comment_119614503

1 week. But this was only a couple of weeks after we were told of the change in service, and we spent that entire time looking for an alternative.

witchgirl26

OP I can empathise with you but you did get your deposit back which was what the provider offered when they changed the terms of service. You paid the 2 weeks knowing the difference & essentially to hold a place for your child unless you got something else. The provider would have had to ensure staffing for this etc which is why I suspect they asked for it. You ultimately didn't take the place, but if you hadn't secured other arrangements, you would have. If you'd paid the 2 weeks without knowing the terms of service, I could understand it but that was paid after the change so you don't have recourse using that argument.

bucketybuck

Thread title is inaccurate and OP just wants to have their cake and eat it.

They changed their terms, you complained and so they fully refunded your deposit. Nothing to see there.

After that point, you then decided to treat them as a last resort and asked for a place there anyway, and they agreed to provide childcare on those new terms with 2 weeks paid up front.

They did not cancel that or change any further terms, if you had brought your children there they would have looked after them. They also would have incurred costs based on that because of having to secure the staff needed.

This is pretty straight forward, I see no obligation for them to refund the 2 weeks payment, no matter if some boards user thinks short shrift is a get out of jail free card.

DoubleJoe7

Happy to wrap this up, we stuck to our guns got our full refund. I pointed out how they promised us a full refund if we went elsewhere when they told us of the change in service.

I highlighted that at no point did they state the 2 week fee was non-refundable, and that we again told them that we were looking elsewhere when we paid that fee - there was an opportunity for them to state that fee was non-refundable, they didn't, and we were operating under the expectation that they created that we would be fully refunded if we went elsewhere.

Uncle Pierre

Glad that you got it sorted out without having to resort to a solicitor or Small Claims Court.

For what it's worth, am inclined to agree with others who say they were no under obligation to refund the two weeks' payment as well as the initial deposit, but it's good to see they refunded you anyway.

walterking

https://www.boards.ie/discussion/comment/119617112#Comment_119617112

From a legal point of view you had no right to a refund.

The 2 week payment was a separate payment to the deposit which they agreed they would refund.

They refunded you because it was not worth the energy to argue with you and you need to see it as a goodwill refund and not an entitled refund.

whippet

The money you are looking for back was paid when you knew the updated terms of service.

Unfortunately you don't have a leg to stand on.

callaway92

Yeh fwiw I wouldn't have thought they'd have needed to give the money back either (for the 2 weeks)

Creche's etc are crazy at the moment and they probably had to deny someone else (thus missing out on that money)