A reader wrote to us that, despite the kindergartens closing on March 16, parents paid tuition for the entire month. This was justified by the fact that the kindergartens were not responsible for the authorities’ decision to close them, while remaining ready to conduct classes and continuing to incur the fixed costs of running the facility, including employee wages.
Specialists from the Consumer E-Advice Centre inform us that neither party—the parent nor the kindergarten—is responsible for failure to perform the contract, because we are facing an extraordinary epidemic situation. If one of the reciprocal performances—the operation of the kindergarten—has become impossible, the party that was supposed to provide it—the kindergarten—may not demand the reciprocal performance—the payment for services provided to the child—and if it has already received payment, it is obliged to return it under the provisions on unjust enrichment (Article 495 § 1 of the Civil Code).
The reader summed up the situation as follows:
No one takes the parents’ situation into account, nor the fact that everyone has lost some money. Even with the care allowance for a child under eight, they receive only 80% of their salary. Many people have been given notice of termination or will receive it soon, but you still have to pay for kindergarten, period. Smerfiki Kindergarten has shown a great attitude and will not collect tuition in April. Kraina Marzeń, Nibylandia, Jacek i Agatka and Mali odkrywcy are still silent; perhaps after the article they will see how their competitors respect their parents? Today, when we are not sure whether the children will return to kindergarten in April, these costs are too high to pay for an empty place.