Kindergarten Closed? How to Avoid Unnecessary Payments

Kindergarten Closed, Kids at Home: What to Do?

Imagine this: your morning started like any other day, but then you received a message that your child's kindergarten is closed. Now the kids are home, and you have to juggle remote work with childcare. On top of that, the checks for the kindergarten continue to be deducted from your account, and you're not receiving the service you paid for. Quickly, you find out that the kindergarten demands you continue paying, claiming you have a contract that obliges you to pay even when the kindergarten is closed. This raises many questions about your rights as a parent.

The central question is whether you have to pay for a private kindergarten when you're not receiving the service. The answer is no, according to the Israeli Consumer Council's position.

What the Courts and the Israeli Consumer Council Say

During the Second Lebanon War, the court ruled that parents do not have to pay a private kindergarten when it is closed by the order of the Home Front Command and service is not provided. The Israeli Consumer Council states that clauses in contracts requiring payment even when the kindergarten is closed are unfair terms. This means that if you didn't receive the service you paid for, you are not obligated to pay. The courts can nullify such clauses in contracts, especially when they give an unreasonable advantage to the kindergarten. The Ministry of Justice also supports this position, reinforcing the need to check your right to a refund.

When Is It Relevant — Checklist

✓The kindergarten is closed and no service is provided.
✓You have a contract signed at the beginning of the year.
✓The kindergarten demands payment despite the closure.
✓You haven't received a refund for the period the kindergarten was closed.

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The Specific Law That Applies

חוק רלוונטי

Uniform Contracts Law

The law defines unfair terms in uniform contracts

Unfair terms may be canceled by the court

The Uniform Contracts Law (Uniform Contracts Law, 1973) addresses clauses in contracts deemed unfair to the customer. If your kindergarten requires you to pay even when it is closed, it may be an unfair term. Courts can cancel such clauses, and the state recognizes the Israeli Consumer Council's position as supporting parental rights.

Questions Everyone Asks — But No One Asks the Lawyer

Am I obligated to pay if the kindergarten is closed due to external reasons?−

No, if you did not receive service, you are not obligated to pay.

What if my contract states I must pay regardless?−

Such clauses may be considered unfair and can be canceled by the court.

What should I do if I've already paid?−

Contact the kindergarten requesting a refund. If unresponsive, consider seeking legal advice.

Will it cost money to go to court?−

You may need to pay fees, but if you win, you can get reimbursement.

How can I protect myself in the future?−

Ensure your contract includes clauses that protect you in the event of kindergarten closure.

Real Situations — Which Side Are You On?

✓A parent working from home, and the kindergarten closes without notice. Not obligated to pay.
✓A parent who paid upfront for the entire year and the kindergarten closes two months early. Entitled to a refund.
✓A parent signed a contract obligating payment even upon closure, but no service was provided. Clause may be unfair.

What to Do Right Now

First, review your contract with the kindergarten. Look for clauses related to payment upon closure. If you decide to do nothing, you might lose money and remain without a clear solution. Seek legal advice to protect your rights as a parent.