Nursery Irresponsability - Immediate end of contract

Hello,

Here is my problem:

We informed the director of the nursery that our 2.5 years old daughter is allergic to nuts / peanuts and we sent her the doctor's certificate. However, weeks later, we saw by facebook on the photos of the nursery that she was eating chestnuts. Luckily my daughter just got sick with digestive upset the next week, it could have been a lot more serious than that, but we figured out what caused it. In the meantime, we had registered our 1.5 year old son at the same nursery to start at the beginning of January 2021. After the end of confinement on january 10th and the reopening of the nursery, we had not received any program for the first days of adaptation of our son, which is once again irresponsible of them. We no longer trust this nursery! We keep our children at home and in addition, they do not want to cancel my son's contract without the 2 months notice even if he never went.

Could we immediately terminate the contract without notice by negligence of the nursery with everything they have done? Has anyone dealt with something similar?

Thank you,

Hi and welcome to the Forum.

You say you have a contract; the clauses regarding termination will be stipulated in there.  You say there is a 2 month notice requirement, if that's in the contract and there is nothing else, then you may have to pay.

However, things such as medical conditions are normally declared by the parent at the time of enrolment, so take a copy of that and the photo showing her easting chestnuts with you and show them that you notified them and they have failed, potentially dangerously so.

Probably better to go and speak to them and sort out your differences amicably

Hello,

If you have indisputable evidence of the shortcomings of this nursery, you should contact the children's services to alert them. From there a procedure may be initiated for breach of contract and endangering a child.

https://www.officenationalenfance.lu/en