Contract for the provision of services in kindergarten during the pandemic

Ordinance of the Minister of National Education of 11 March 2020 on temporary limitation of the functioning of education system units in connection with the prevention, prevention and combating of COVID-19 (Journal of Laws 2020.410 of 2020.03.11; TEXT HERE) functioning of public and non-public units education system, including kindergartens has been limited.
The current extra-coordinative situation is a challenge not only for entrepreneurs, but also for consumers. The unenforceability of concluded contracts, including contracts for the provision of services in kindergarten, is not the fault of any of its parties, and is the result of extraordinary situations. Therefore, there is the problem of a rational solution of the existing mutual rights and obligations of the parties to the contract for the provision of services in kindergarten, as well as guaranteeing children in kindergarten.
In relation to the above, parents of children attending private kindergartens, as well as entities running kindergartens are looking for possible ways of settling mutual obligations related to, among others with tuition fee. For many parents, the fact of limiting the operations of the above facilities is tantamount to ceasing to pay such fees, however, practice and law show a different perspective. So the question arises what actions should be taken to protect against the negative consequences of limiting pre-school activities?
The first steps to take is to analyze the contract binding the parties, which should be treated on a case-by-case basis. What if the contract does not contain provisions regarding fees at the closing of kindergartens or, on the contrary, requires parents to pay the full amount of tuition fees for the time of closing the facilities? From 2008, the Office of Competition and Consumer Protection indicated that the above provisions violate the general clause contained in art. 3851 § 1 of the Civil Code, as contrary to decency and grossly violating the interests of consumers and constitute a prohibited contractual provision referred to in art. 3853 point 22 of the Civil Code (Report on the control of contractual patterns used by non-public kindergartens prepared in 2008 by UOKiK, CLICK HERE). Nevertheless, due to the UOKiK coronavirus pandemic on fees for kindergartens and nurseries during the limitation of their activities, it updates its current position, leaning towards mutual agreements between the parties.
The only solution may be to take possible action in the light of the law to adapt them to the unique situation. To meet the above-mentioned issues, the Law Firm represents entities running kindergartens and parents of minor children attending these facilities, adapting legal solutions to the current situation and the needs of both parties to the contract for the provision of services in kindergarten.
attorney trainee Magdalena Tyska