DO YOUR CONTRACTS COMPLY WITH THE LAW?

With the commencement of the new academic season, we are pleased to share the success of parents in a legal battle against a private kindergarten. They successfully argued in court that the contract’s provisions regarding the entrance fee were unfair. The dispute emerged when the private kindergarten terminated the childcare contract, refusing to refund the admission fee.

The courts highlighted the following issues:

• The contract’s provisions were expressed in a vague and incomprehensible manner.
• The uncertain purpose of the entrance fee provided an opportunity for the claimant to abuse their position.
• The clause in the contract, disallowing the return of the fee, restricted consumer termination of the education contract, fundamentally violating the balance of rights and obligations to the detriment of consumers.

The kindergarten failed to justify the use of the admission fee amount. Ultimately, the courts deemed the provisions of the educational agreement regarding the entrance fee unfair and invalid. The customers successfully recovered the entry fee along with all court process costs.

This case underscores the importance of considering and evaluating the special regulations applicable to consumer contracts when drafting agreements. We encourage you to ensure that the contracts you enter into meet legal requirements. CONFIDENCE Law Office lawyers Evelina Trukšinienė and David Gurvič played key roles in achieving these excellent results.