Complaints

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• Initial Complaint

  Date:05/07/2024

  Type:Product Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On June 24 204 my wife had confirmed that she was willing to do a deposit for after school care and sent over the deposit on July 25. Later in the week we were informed that the after school care in our daughters daycare had become available. So on July 2 my wife emailed the kids castle to request that the deposit be refunded. This is then when *** from Kids Castle then claimed that she could not refund the deposit because of her policy that this deposit was nonrefundable. I have stated to her we cannot confirm that she has stated this policy prior to the request for refund and for proof that we have acknowledged this policy. She replied with the following: "At the end of the day it is not even about the money but following the policies set in place that are there for everyone to follow." and "As the consumer, it is your responsibility to ask questions and ask for clarification prior to obtaining the service if you are still unclear about anything, just as you would go to a retail store and understand their return policy prior to purchasing an item." When my wife mentioned in an email that she would contact the better business bureau for a resolution she said:" Now to say you are going to report my business to the Better Business Bureau over your lack of understanding of our fee policy is extremely disappointing and honestly feels threatening. To tell me you cant recall that I specifically told you the registration fee is non-refundable, is convenient now that you want the registration fee back. "We have received no service from her. So we would like to get our money back. This was in a short period time and they were not clear up front with their policy and have made no effort to try and resolve this. All I have received back is argumentative email after argumentative email stating that she is entitled to our money because she has a policy and regardless of whether she has told us or not told us or can prove the acknowledgement of her policy its her money.

  Business Response

  Date: 15/07/2024

  I am responding to the complaint in regards to the refund, which the customer has decided to leave out some key details as to why we cannot issue the refund of the non-refundable registration fee. We have tried several times to clarify the issue at hand by stating the facts of our policy, our reasoning as to why no refund would be issued, and timeline of events via multiple emails, to which the customer did not agree with.
  
  The customer is claiming that a deposit was sent to us and that they requested the deposit back once they got another spot at a different centre. However, at no time was the money they sent a deposit. In fact, as explained to the customer multiple times prior to registration, it was a non-refundable registration fee used to secure their spot at the centre. The deposit was to be collected later, which they never sent. 
  
  To begin, on June 21, the customer came to the centre and was given a tour and provided with thorough details on our program, policies, fees, hours of operation, etc. It is at this time we explained that in order to secure a spot, a non-refundable registration fee was required and a separate deposit, the latter which could be paid on the child first day. We asked if she had any questions in regards to this but she verbally acknowledged that she understood that the registration fee was non-refundable. As it was non-refundable, we also told the customer to take some time to decide if this was the right fit for her and if she had any further questions she could reach out to us. She had then followed up via email later that day about other questions she had but at no time asked for further clarification on the non-refundable registration fee. On June 24, the customer emailed again informing us that she wanted the spot and to save it for her. We then called her back on June ***************************************************************** order to secure the spot, a non-refundable registration fee is required and if she would still like to proceed she can come pick up the enrolment package and give the registration fee. Throughout this time, she verbally acknowledged that she understood the fee was non-refundable and was positive that she wanted the spot. On June 25 she proceeded to send the registration fee via etransfer and stated she would come later that day to pick up the enrolment package (which includes all our policies in detail) but she failed to show up. On July 2, we then received an email stating that she no longer needed the spot because she found a spot elsewhere. We then emailed her back stating that as discussed previously during our in person meeting and over the phone, the fee was non-refundable so unfortunately we were not able to provide her with a refund. Immediately after the customer phoned me where I clarified the issue but she kept stating that she believed she was entitled to her deposit. It was at this time I reminded her that she did not pay a deposit and that she only paid the registration fee which was non-refundable. I followed up again with an email showing our policy and explained the difference between the registration fee and the deposit, which she had already previously been told about and one that she stated she understood the difference between, hence why she did not pay the deposit portion as that was due on the first day her child started. 
  
  She followed up that email stating she appreciated your email and explanation and that I had no idea I would get a spot from in-school before and after school daycare. I sent them an email a few days ago to follow up but didn't get any response. I received their response later after I've already E-transfer your deposit.  I explained to her that unfortunately the fact that the other centre replied after the registration fee was already sent to us, does not have anything to do with us as she sent the registration fee to secure a spot at our centre. The customer further stated you might have explained to me that (the fee) is non-refundable through the phone but unfortunately I can't recall with that statement itself she is admitting that it was a possibility on her end that she was told that the registration fee was non-refundable, which she was. She then stated she didn't receive any email or document to warn me that a deposit is non-refundable. I once again reminded her that the enrolment package (including the fee policy) was ready to be picked up and provided to her on June 25, the day she stated she would come pick it up, but she failed to show up and only sent the registration fee via etransfer. The customer had from June 21 (day of in person tour) to June 25 (day she confirmed she wanted the spot) to decide and to follow up with any questions she had about our fee policy. She failed to do so. I believe now that was due to the fact she was waiting to hear back from the other centre.
  
  Furthermore, I had explained multiple times the difference between the deposit and registration fee to her, which she was well aware of as evident by the etransfer that was sent to us with a note from her stating before and after school registration. There was no mention of a deposit on the etransfer that was sent to us. However, once they wanted to cancel the spot and get a refund, they now keep claiming it is a deposit that is owed to them. 
  
  The customer then states that they have received no service from us and that is why they should be refunded. However, as I have already explained to them in previous emails, the non-refundable registration fee is a fee that is paid in order to secure their spot at the centre.
  
  The customer is now claiming that it was a short period time and they were not clear up front with their policy and have made no effort to resolve this This is false statement, as the customer was informed of the policy several times in person on June 21 and over the phone on June 25, to which she verbally acknowledged that she understood the terms prior to her sending the registration fee, which again is noted on the etransfer receipt. In actuality it was not a short period of time. The timeline of events took place from June 21 to July 2, where there was plenty of time to ask questions. At no time did we pressure them to take the spot. From June 25 to July 2, I heard nothing from her, this only became an issue now that they got a spot elsewhere and willingly removed their child from my centre. In addition, we have followed up with several detailed emails trying to explain our reasoning that due to the fact that she was verbally told on multiple occasions about our non-refundable registration fee and her verbally acknowledging that she clearly understood those terms, a refund would not be sent.
  
  The husband states that I have stated we cannot confirm that she has stated the policy prior to the request for refund and for proof that we have acknowledged this policy and that I replied with the following at the end of the day it is not even about the money but following the policies set in place that are there for everyone to follow. Unfortunately, he left out the 7 paragraphs prior in that email where I explain in detail the reasoning for no refund due to the process I went through with his wife prior to registration informing her of the non-refundable policy (as he was not present during the tour so he cannot confirm on his end) and the fact that his wife verbally acknowledged the policy when she stated she understood and sent us the registration fee. In addition, the written policy was ready to be provided during that time but his wife failed to pick it up and instead chose to send the fee prior to picking up the enrolment papers, as she stated she was positive she wanted the spot and understood that the fee was non-refundable. He then states in this complaint that his wife stated she was going to contact the better business bureau for a resolution which is in fact incorrect. She stated in the email losing (registration fee amount) is not the end of the world for me, but I will definitely report to the Better business bureau to see if this is the right amount to charge for such a situation. She did not state she wanted a resolution, she stated she wanted to see if it was the right amount to charge. I then responded back to her that every business sets their own policies in terms of fees and further explained our reasoning to which they did not agree with. I then got another email stating they would now report my centre to BBB so they could get their refund. There were several emails back and forth where I did attempt to resolve this situation, but they simply do not agree with my policy or reasoning, mainly due to the fact that they are not entitled to the refund. 
  
  From the emails we have received from the customer, it appears as if the customer was just trying to hold a spot at my centre as a backup and now that she was able to get a spot at the other centre she wants her money back. This is why myself and majority of other daycare centres have a non-refundable registration fee in place, which is stated on all centre websites. This policy is specifically in place to ensure parents do not hold multiple spots at other daycares only to cancel at the last minute, resulting in a loss of business for us, because as we hold their spot we are saying no to other parents who are inquiring. 
  
  We have tried several times to explain via email about the situation but they simply do not want to agree with our policy. But to falsely claim that they were not informed prior or only given a short amount of time is not right. We have been in operation for 24 years and always take the time to clearly communicate all our policies. If at any point the customer does not understand the policy we ensure to clarify what they do not understand. But when a customer repeatedly states that they understand and acknowledge the terms of our fee policy, we then move on to the next step of the registration process. This is a main policy of ours and one which we would not fail to mention. The customer cant even fully deny they were not told as she states you may have told me.  I believe our 24 year history speaks for itself, as we have never had this issue before and have had hundreds of customers who have never once stated that we do not communicate policies clearly. Ultimately, the fact that we clearly communicated the non-refundable registration policy to the customer multiple times prior to registration, the fact that it was verbally acknowledged by the customer, and the fact that we gave her additional time to think before sending the registration fee, they are not entitled to a refund.