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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Son has just started at a new nursery school in Cyprus and

Resolved Question:

Son has just started at a new nursery school in Cyprus and has come home telling me that the children were all driven to their recent gym session 'squashed into the back of a minibus', none of the children were wearing seatbelts and my son was requires to sit on the edge of an arm rest. In addition he has also told me that children are shouted at in greek and told that they will be smacked if they do not behave. We have paid a deposit that requires 1 month paid notice. How best do I proceed as I am not comfortable as this was not the service nor the promised educational facility that I signed up for?
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will try and help you.

BizIPEsq. :

How much money is at stake and how did you pay your deposit?

Customer: Paid my deposit of 150euros cash, have a written receipt from them for the amount
BizIPEsq. :

Parson for the obvious question, but have you asked them, for the money back?

BizIPEsq. :

typo: pradon

Customer: Not as of yet. Will organise to meet nursery owner on Wednesday as I stated in 'additional information' and wanted more to see if I was within my rights and to understand how best to proceed
BizIPEsq. :

Apologies. Let me quickly review the optional info section

Customer: Ok
Customer: Are you still there?
BizIPEsq. :

Unfortunately, the legal redress available in Cyprus for consumer complaints is fairly limited. Cyprus does not have a "small claims" as in many other EU countries. Though under regulation n° 861/2007 EU established a European Small Claims Procedure however it only provides a simplified court procedure for cross border claims under €2,000. Since your claim is not cross border the local District court is competent to deal with the your claim. However

BizIPEsq. :

the General Assembly passed resolution 39/248 a few years ago where it outlined 8 basic rights consumers have: Some of them include: The Right to Security - The consumer's right to protect the safety and health of the same products, production processes, and services that may be received by the consumer

BizIPEsq. :

So realistically, here's what you can do: 1) ask for the money back.Tell them you are appalled that they are treating children that way 2) to the extent that it could make a different tell them that you will contact the local media and expose the horrid and unsafe conditions the children are experiencing 3) tell them that you are aware of your consumer rights and if they do not refund the money you will go to the district court.

BizIPEsq. :

In addition this consumer organization may be of assistance http://www.cyprusconsumers.org.cy

Customer: They could however argue that what I am being told is not true and as I have no other proof then my sons word, I am afraid that the only solid footing that I can use is the overpacked minibus with children not required to wear seat belts
Customer: Is that in itself not a breach of safety for a nursery school?
BizIPEsq. :

Their unsafe practices on the minibus alone may be enough. I am not familiar with vehicle law in Cyprus but I suggest you contact yoiu local police department ask them how legal was packing the kids into the minibus. You may be able to file a criminal complaint if the school gives you a hard time.

BizIPEsq. :

by the way, the consumer organization I mentioned has a hotline 700 00 700

Customer: From what I have briefly read the law in Cyprus states that all passengers are required to wear seatbelta although it sadly is rarely adhered to in this country
Customer: Seatbelts
Customer: How best do I approach meeting with the owner, take a witness or somehow document out exchange?
BizIPEsq. :

if you have a smartphone then you can confidentially record the conversation. I would also record a video of the child sitting in the minibus. You can disguise your activity or even say you are making a video for family

BizIPEsq. :

I would still speak with the police

Customer: They were taking during school hours so I was unable to document the journey, also with the Easter holiday here they will not have another trip scheduled till the week after next by which time I would have resolved the matter
Customer: With this in mind how do I prove to the police that this is the case when I contact them? Is my word enough for them to investigate?
Customer: Also is the ministry of education not responsible for regulating private nurseries?
Customer: What about an ombudsman? The money is more of a principle for me as I am extremely upset that my son has witnessed and been treated like this, especially considering that it is a private nursery with supposedly high standards
BizIPEsq. :

I only brought up the police so you can find the regulation and basically tell the school that you know they are breaking the law. If you do end up filing a police complaint it will be up to the police to substantiate it. Of course if you provide them with evidence the likelihood that they will act is higher but nonetheless it is their responsibility.

BizIPEsq. :

here is a link to the ministry of education telephone directory: http://www.moec.gov.cy/pdf/tilefona_epikoinonias_2013.pdf

BizIPEsq. :

I completely understand your reaction! I was somewhat shocked to read your question

BizIPEsq. :

and description

Customer: So to clarify I am well within my rights given the previous points discussed to waive our one months paid fees notice and request our deposit back ?
BizIPEsq. :

I believe so. This is a matter of safety!

BizIPEsq. :

Thank you for using Just Answer

BizIPEsq. :

Please rate my answer. Without your rating I do not get compensated for my work

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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