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Terminating contract at creche (Urgent advice needed)

Question

I am trying to cancel the contract I have for my daughters creche before its stated "expiry" date...

We have originally agreed, not in written form but via email, that our daughter would leave creche end of August. However, as we will leave for holidays in July, we wanted to terminate the contract earlier.

To do this, I initially wrote to the owner of the creche 3 months in advance, thinking this is the legal requirement. I did however not check the contract at this point.

After this, we did not get a response, until just a few days ago (after sending her a reminder). We have now been told that we will loose the deposit if we take her out from creche before the agreed end of the contract (so end of August). Despite having given her 3 months notification.

So, my question boils down to this. After having finally read the fineprint. The contract states that I will loose my deposit (even if i give 3 months notification) before the agreed end date, the only benefit of giving a notification is that I would not get any additional penalties.

For me, this sounds very strange, and I wanted to inquire if anyone knows the legal requirements for breaking a contract? Certainly I should be able to break any contract if I give enough notice?

Any help on my legal position would be greatly appreciated!

J

You pay the last month and get your deposit back, or you don't pay the last month and lose your deposit.

Jun 5, 2015 09:04
bamse

Thanks for the reply! I understand my options... It was more about what legal rights i have.

Since i still gave 3 months notice, i was wondering whether there are any national laws that dictate how a contract can be terminated? Or if im entirely bound by what my contract states?

Jun 5, 2015 13:36
MeHa

The 'National Law' dictates that you are entirely bound by the contract that has been issued and signed, nothing strange about this.

Jun 5, 2015 13:46
bamse

Ok. So, you are bound even if the contract does not stipulate how you can cancel it without any penalties?

As a side note, we never added a final date to the contract, this was only agreed via email at a later date... Which is also how we notified the owner of the creche that we wanted to leave earlier.

Jun 5, 2015 14:38
J

Sorry. Would you feel better if you paid someone to tell you the same thing?

Jun 5, 2015 14:56
bamse

Hehehe... Not really...

Back home, admitedly not Belgium, i would have had the right to cancel the contract given sufficient notification ;)

Just presumed it was the same here...

Thanks for the help

Jun 5, 2015 15:33
becasse

I suspect that back home too you would have been bound by the conditions in a written contract that you had voluntarily signed.

Jun 5, 2015 20:48