Help - nursery changed it terms, in the event of a pandemic pay your fees!

[wdk1866]

Hi

we are looking for some help, our child’s nursery has just updated their terms without asking us to re sign anything. We do not feel it is fair that we are liable to pay nursery fees if they are unable to open in the event of a second pandemic related lockdown or in fact the other examples provided. How do I legally reject this update in terms?
their update below

thank you

new TERMS


In the event of an unexpected closure for any reason (for example due to a pandemic, infectious diseases, weather, fire, flood, lack of heating/hot water), fees remain payable for the duration of the closure. Any fees which have already been paid for the month when any closure occurs are not refundable and fees will remain payable at the figure stated on the invoice supplied by [nursery].

[wdk1866]

To add the nursery has this clause in their original contract

CHANGES TO THE CONTRACT OR TO OUR POLICIES AND PROCEDURES 17.1 We reserve the right to amend, update or replace:-
.
 these terms and conditions; and/or
 any of our policies and procedures;
at any time or from time to time. This may include the withdrawal of any facilities previously provided by us. We shall provide two months written notice of any of these changes.

[des8]

That original clause allowing amendment of contract would appear to be an unfair term

Consumer Rights act 2015 (CRA2015) schedule 2 (https://www.legislation.gov.uk/ukpga...dule/2/enacted)
11 A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

and re nursery not performing their side of contract but requiring you to do yours i.e. pay see;
18 A term which has the object or effect of obliging the consumer to fulfil all of the consumer’s obligations where the trader does not perform the trader’s obligations.

[wdk1866]

Thanks so much this is really helpful

[R0b]

You might find the link below useful. I agree with Des that they would likely struggle to enforce that clause if it came to it. Also, they need to give notice of 2 months so can't enforce it until that period has lapsed.

https://www.gov.uk/government/news/c...olicy-concerns