Identified violations of Landsbergienė kindergarten: contracts are unfair



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“It was established that in the contract the kindergarten establishes the right to unilaterally, without the sufficient reasons provided in the contract to modify the terms of the contract. The right to unilaterally terminate a contract in the event of a breach of the contract, even if it is not material. The kindergarten also provided for the right to notify itself of the termination of the contract in significantly shorter terms than consumer taxes, ”Irina Martinkevič, senior advisor to the Legal Department of the State Service for the Protection of Consumer Rights, told LNK (SCRPA).

In other words, consumer rights experts have recognized that certain terms of the contract are unfair to parents.

But Rita Meilūnaitė, Childhood Garden’s communication chief, said she did not agree with the resolution.

“We do not agree with the consumer rights resolution itself, it was done unilaterally. We have not had the opportunity to present our arguments, we are convinced that the terms of our contract are fair, we can justify it. We are currently preparing arguments for the service and hope that after evaluating our arguments, they will change that decision, ”said R. Meilūnaitė.

The controversy intensified when the quarantine forced the institutions to close their doors and the children stayed home. But she still had to pay.

At the time, the private kindergarten “Vaikystdass soft drinks” cut the price by 15 percent, and for a Vilnius family raising a two-year-old, that fee turned out to be questionable. What to pay if the child is at home. Eventually, the contract was terminated and the entry fee of EUR 300 was not refunded.

“We have been working for 10 years, we coincide perfectly with all the parents, we receive letters from the parents, whose children left the garden a few years ago. Unfortunately this is happening, but sometimes it is not possible to reach that agreement, as was the case here. Since that cooperation was no longer constructive, we ended that agreement, ”said a representative from the nursery.

The family that has requested consumer rights does not agree to speak to the chamber.

Ieva Jagminienė, president of the Association of Non-State Early Childhood Education Institutions, agreed that everyone has the right to apply to the institutions and seek the truth.

“I think it’s natural because no one knew that such a situation would happen and no one was prepared for it. Consequently, this was not discussed with the parents, nor were the institutions themselves determined to do so, whether they made discounts, charged a fee, whether they did distance education or not. Naturally, if education was provided, a service was provided that was asked to pay. Parents may not have been prepared for this, it was not discussed in advance. And it is natural that some disagreement and dissatisfaction “, – said I. Jagminienė.

During the quarantine, private kindergartens behaved differently, how much to pay, they decided for themselves.

“The kindergartens themselves decided what the fee would be during a pandemic. Apparently, this is the subject of an agreement with the community. Because as a municipality, we can’t really regulate the prices of private kindergartens,” he told LNK News Vice Mayor of Vilnius, Edita Tamošiūnaitė.

Prices for a private nursery range from € 200 to much more.

“Currently, the monthly cost of education is 527 euros and this is the final amount. This means that if the family has the opportunity to receive compensation from the municipality, then that amount is discounted and the family pays 100 euros less ”, said a representative of the Kindergarten about the prices.

Experts say that a similar situation in other private kindergartens, complaints have been received and more, kindergartens are already working with lawyers. If there will be a second wave, more clarity is promised.

“We will already be prepared for this and will speak with attorneys, as it should be, about our rights and responsibilities as parents. On the other hand, when forming new groups for the school year, these issues will be discussed with parents, what will happen if there are, ”said I. Jagminienė.

According to specialists, currently about 10 complaints regarding private kindergartens in Lithuania have been received.



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