I need advice. I will try and sum up the situation as best as possible. My husband and I needed daycare as of June 1st. Our area is VERY competitive so the first available decent daycare we found we booked. This was in December, so about 6 months prior. We signed a contract and gave a two week deposit.
As the time got closer I realized my maternity leave was longer than I thought so in email we changed the start date to mid July (contract still said June 1st) and she that was not a problem at all.
A few weeks went by and we started to setup some initial meetings to get to know her better and just got a bad vibe. Three weeks before June 1st, we politely canceled our spot. She now refuses to give us back our deposit and refuses to answer emails. We are taking her to small claims court and she is also now countersuing us for the 6 weeks from June 1st - mid July. Which makes NOOO sense.
My questions are:
1) I understand now after doing research that most contracts to hold spots are non-refundable but based on the wording above we did not believe this to be the case. It does not say non-refundable anywhere. Any thoughts on whether or not we should get our deposit back?
2) Does it make sense to anyone that she would be able to charge us for those six weeks that we were going to change the start date for? We gave 3 weeks notice for the ORIGINAL start date.
As the time got closer I realized my maternity leave was longer than I thought so in email we changed the start date to mid July (contract still said June 1st) and she that was not a problem at all.
A few weeks went by and we started to setup some initial meetings to get to know her better and just got a bad vibe. Three weeks before June 1st, we politely canceled our spot. She now refuses to give us back our deposit and refuses to answer emails. We are taking her to small claims court and she is also now countersuing us for the 6 weeks from June 1st - mid July. Which makes NOOO sense.
My questions are:
1) I understand now after doing research that most contracts to hold spots are non-refundable but based on the wording above we did not believe this to be the case. It does not say non-refundable anywhere. Any thoughts on whether or not we should get our deposit back?
2) Does it make sense to anyone that she would be able to charge us for those six weeks that we were going to change the start date for? We gave 3 weeks notice for the ORIGINAL start date.
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