BGH: Parents are not allowed to simply terminate a daycare place without notice

BGH: Parents are not allowed to simply terminate a daycare place without notice

BGH: A two-month notice period is appropriate

Karlsruhe (jur). If children cannot get used to a day care center, the parents may not simply terminate the day care contract without giving notice. In its general terms and conditions, the daycare center operator can request a two-month notice period, but not compensation for state funding that has ceased to exist due to the vacant daycare space, the Federal Court of Justice (BGH) in Karlsruhe (Az .: III ZR 126/15). Bail payments that the parents have to raise must not be too high. At least 1,000 euros disadvantage the parents inappropriately, according to III. Civil Senate of the BGH.

A father complained that he had secured a daycare place for his 16-month-old son. September 9, 2013 was the first day of the child's daycare. The son was looked after and looked after there. The father also paid a deposit of 1,000 euros.

But the daycare visit was short. The child could not settle in, so the father terminated the contract with immediate effect only ten days later. He demanded that the security deposit be paid back.

But the daycare center operator did not want to accept the immediate termination of the contract. He made another calculation. The father is obliged to adhere to the notice period, which runs until November 30, 2013, two calendar months. Until then, he would have to pay the care allowance as well as the fixed meal and care allowance, a total of 1,590 euros.

However, the daycare center operator wanted more. Since the child no longer visits the facility, state and local funding has been lost. Because the day care center could not be filled immediately. The father must therefore pay a further 2,495 euros in damages.

The BGH ruled that parents cannot simply terminate a day care contract simply because their child has not settled in properly. You should already adhere to the notice periods. With two calendar months, these are also not inappropriately long.

But the Karlsruhe judges also ruffled the daycare center operator. The latter asked for a deposit that was far too high. A deposit of 1,000 euros disadvantageously disadvantages the parents.

The operator is also not entitled to compensation for the lost public funds. Because parents could not be obliged to regularly bring their child to daycare. This is incompatible with the parents' right to care and upbringing enshrined in the Basic Law.

The father can also deduct saved daycare costs from the monthly contributions still to be paid during the notice period, for example for meals not used. With monthly meal allowances, these would still have to be paid in full in the current month. (fle / mwo)

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