To expect a refund if my nursery can't open for a day?

[LadyPops]

Our nursery closed for a day in December because of a powercut, but they have still charged us for the full day. I had to take a days unpaid leave from work and I'm really pissed off about it.

They closed last year because snow and we still had to pay, I did argue it at the time and I was told - it's like a bank holiday, you pay for those and we don't open. Which is true, but we know that in advance. They close for 2 weeks over christmas and we pay for that, and also if we take holiday (I know some nurseries don't charge if you give x amount of notice for holidays). Add to that all the days we miss due to sickness, I'm just feeling really ripped off (not about holidays/bank holidays and sickness). Holidays etc irritates me sometimes but I understand they're running a business, and more importantly that we agreed to those terms when we signed up. We did not however agree to pay for random days they can't open on. Where would they draw the line if it flooded or burnt down or something? Would they just epxect to be able to keep invoicing us?!

I want to kick up a bit of a fuss again this time or just deduct a days worth of fees from our latest payment but I always feel they have us over a barrel. Plus I'm sure we paid a £75 deposit so assume if they would eventually take anything 'owing' out of that. DS2 is due in May so I will be asking for a place for him at some point too, so worry that if I upset the owner too much, a place may not materialise...

AIBU to be a bit at no refund?

I imagine they still had to pay staff, rent etc., so YABU, I'm afraid.

Unless the contract says something different? I would be surprised if not opening due to 'unforseeable circumstances' (or similar wording) isn't covered.

Could you see what the contract says as I'm wondering:

The difference between the days you pay for when they are not open eg Bank Holidays are that they are mentioned in the contract that you agree to I presume.

The days they closed due to power-cuts/snow then are days that contractually they have agreed to take your children.

However is there a "get-out" clause like "if, due to circumstances beyond our control, we have to close...."

(BTW I have no legal knowledge, just thinking aloud really as I would be a bit miffed in your shoes too if I had to miss work for a day and pay for non-existant care)

sorry -just re-read my post and I'm not entirely sure it makes sense (it made sense in my head but got lost in translation IYSWIM )

YANBU - I queried if I was getting a refund due them not opening during the snow & I'm not either.

I'm sure they did hve to pay staff, but what I don't understand is why the risk always lands on the parents? If I pre-booked a cinema ticket say, and they couldn't open because of a power cut, I would totally expect a refund. They would have to pay their staff etc but that's part of the risk of running a business surely?

I got a refund for the day my nursery was closed due to snow. I did not ask for it but would have challenged the point if the deduction did not appear in my Feburary bill.

Have you already paid the money for the days it was closed?
I would have thought they were in breach of contract in not providing nursery services on that day and so you should be entitled to a refund, but if you pay monthly in advance they could argue the contract for that day was frustrated by the unforseen power cut and since you've already paid they are entitled to keep the money.
If there is nothing in your original contract and you don't pay in advance I would be minded to deduct the sums for the closed days and see what they do.

Not worth risking losing a good nursery place though if they want to fight you on it.

YANBU. I would expect a refund. If they opened and you just couldn't get there to drop the kids off because of the snow, I would think you should pay - but if they were actually closed, then I don't see that it is reasonable for you to pay. If you run a business you run the risk that sometimes things will happen that will mean you don't make any money that day. That includes unforeseen circumstances that mean you have to close up shop, such as snow, power cuts, boiler explosions or whatever.

And as for paying the staff.... have you people not seen the zillions of threads on here about people having to take snow days as holiday or take them unpaid??? Who's to say they were obliged to or in fact did pay the staff???

I would demand a refund, but I'm scrappy like that...

Hmmmm, how to ask for a copy of the contract without winding them up - I think they already think I'm a moaning arse as it is.

What really annoyed me is that the power was back on really early (10am I think) - and we had been asked to call at 9am - and they made the decision to close at 9am... probably safe in the knowledge that they have nothing to lose. If that was my business, I'd be desperate to open even for half a day to ensure I didn't lose too much money (unless of course I was also of the ilk that I would rip off charge my customer either way).

well then they are completely in the wrong. The power was back on by 10am and they should have called you, invted you to bring the children in to fulfill the contract. I'd be minded to fight them on this sounds like they are taking the p!ss

Ladypops, ask for a welcome pack to give to a friend who is interested in using the nursery..you'll find the ts and cs in there. or therein, if we're getting legal.

Good oidea Moneyspider, gunna ask for one tomorrow. TBH regardless of what the Ts and Cs say, I'll probably get nowhere - because they do have you over a barrel don't they? We need another place etc so I can't really make too much of a fuss, that said I am lso going to look around another nursery though. I at least want to know what I'm talking about if I bring it up with them and if they're cover in Ts & Cs, I my as well not bother winding myself up over it.

I think it's pretty shabby of them not to refund at last 50% of fees for that day. I suspect that is what our nursery owner would do. Her t&cs are very fair I think - she shuts for a week at Christmas which she doesn't charge anything for. All other Bank holidays she charges at full rates although the nursery is closed but you can take up to a months holiday at 1/2 fees per year. You just have to give them 4 weeks notice.

I would write a stiff note to the owner pointing out that all parents will have lost out due to their decision and failure to notify that the power was back on and how about a bit of goodwill. Then I would look for another nursery because ime this will be the tip of the iceberg - once things start getting to you like this and they seem mean it's no longer somewhere you want to use.