I wonder if you can help, my 2 children are at a private nursery in Scotland, and just recently the ownder of the nursery has decided to change her mind about a few things.We were getting 10% off of my son's fees as we have our little girl also at nursery, this has now been taken away from us as our Daughter now has some funding from the local authority for 2 1.2 hours per day.Our Children are in full time nursery which we were told included the price of all meals (including tea), the owner has recently decided to now charge for this seperately as she said that is was not costing in her previous pricing (this has been included for at least the 3 years my daughter has been at this nursery).The invoicing has always been a problem, all it states is the cost due i.e. Lana = x amount, Kane = x amount - 10%discount. It now only states if it is a 4 or 5 week months as I have previously complained about this. It does not state the date range, it does not state how much the funding is for my daughter.I am wondering if the nursery can change its minds regarding what is included in the costs and if there is a legal implication regarding the invoicing?Thank youRachael
Country relating to Question: United Kingdom
Wanted to get some information regarding where I stand before I go an speak to the nursery
Thank you for your question.The answer depends on the circumstances of the contract you have with the nursery.They have offered certain services at a particular price which you have accepted. The owner now wants to change the position.If you have an ongoing contract, say, for a year, then the terms and conditions of contract can't be changed unilaterally by the owner. Ther terms of a contract can only be changed by agreement between the parties to a contract.On the other hand if there is no particular duration to the contract then it is assumed that the contract can be terminated and a new one offered on different terms and conditions. It would be for you to decide whether to accept the new conditiions offered or not.As far as the invoicing is concerned, there is no law on this. If the invoices aren't clear then you are entitled to ask for an explanation of the invoicing.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
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