General Terms and Conditions for Childcare, Day Nursery and Out-of-School Care 2016
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Supply of information
Article 4 – Registration
Article 5 – Offer
Article 6 – The Agreement
Article 7 – Cancellation
Article 8 – Placement interview
Article 9 – Term and renewal of the Agreement
Article 10 – End of the Agreement
Article 11 – Accessibility
Article 12 – Mutual obligations
Article 13 – Obligations of the Proprietor
Article 14 – Obligations of the Parent
Article 15 – Change of the Agreement
Article 16 – The price and change of the price
Article 17 – The payment / Late payment
Article 18 – Applicable law and competent court
Article 19 – Complaints procedure
Article 20 – Dispute settlement rules and the statutory complaints regulations for childcare
Article 21 – Supplements
Article 22 – Change of these terms and conditions
SCHEDULE 1 – Further regulation of the obligations of the Proprietor
ARTICLE 1 – Definitions
In these General Terms and Conditions the following is understood as:
Agreement: The childcare agreement between the parent and the proprietor.
Childcare: The commercial or otherwise other than without consideration caring for, bringing up and contributing to the development of children up to the first day of the month when the children start secondary education.
Child Centre: A facility that provides childcare (other than a child-minder service).
Commencement Date: The stipulated date when the childcare commences.
Day Nursery: Childcare provided by a child centre for children up to the age of primary education.
Disputes Committee: The disputes committee childcare.
Out-of-School Care: Childcare provided by a child centre for children in the age of primary education in the course of which care is offered before or after the daily school time as also during days or afternoons off and during school holidays.
Parent: The relation by blood or affinity in the ascending line or foster parent of the child that the childcare is related to.
Parent Committee: Advisory and consultative body established by the proprietor consisting of a representation of parents whose children arecared for in the child centre.
Parties: The proprietor and the parent.
Proprietor: Natural or legal person that operates a child centre.
Start Date: The date when the agreement takes effect.
Written (In Writing): Written is also understood as ‘electronically’, unless the law opposes the same.
ARTICLE 2 – Applicability
1. These General Terms and Conditions are applicable to the conclusion an implementation of the Agreement.
2. The Agreement is concluded between the Proprietor and the Parent.
ARTICLE 3 – Supply of information
1. If a Parent is interested in the possible placement of his/her child in a Child Centre the Proprietor shall provide the Parent with an information package in which the Proprietor provides a description of the services in the Child Centre, which is sufficiently detailed in order to enable the Parent in his/her orientation on the market to make a further choice between the various Child Centres.
2. The information package is provided In Writing and contains at least the elements outlined in schedule 1 to these General Terms and Conditions or a reference to the location where the documents are available for inspection.
3. After having taken note of the information package the Parent has the possibility of registering with the Proprietor as a party interested in Childcare.
ARTICLE 4 – Registration
1. The Parent registers with the Proprietor as a party interested in Day Nursery or Outof-School Care for his/her child (children) for a specific period of time by means of a registration form.
2. On the registration form the Parent indicates whether he/she agrees that the offer as intended in article 5 and/or the General Terms and Conditions may be provided to him/her electronically.
3. The Proprietor confirms the receipt of the registration In Writing.
4. The registration terms and conditions of the Proprietor are applicable to the registration.
5. The registration compels neither the Parent nor the Proprietor to conclude an Agreement. The registration should only be qualified as a request of the Parent to the Proprietor to make an offer related to an agreement for the provision of Childcare.
6. After receipt of the registration the Proprietor can immediately make the Parent an offer. It is also possible that the Proprietor places the Parent on a waiting list.
7. When placed on a waiting list the Proprietor informs the Parent accordingly In Writing. As soon as a Parent qualifies for the same based on his/her ranking on the waiting list the Proprietor shall yet make an offer as intended in article 5.
ARTICLE 5 – Offer
1. Following the registration the Proprietor can make the Parent an offer.
2. The offer contains data about the Proprietor, a description of its services, all elements as intended in schedule 1 to these General Terms and Conditions or a reference to the location where the documents are available for inspection, as well as:
– the (proposed) name and (proposed) date of birth of the child;
– the available Commencement Date;
– the available type of care and the available location;
– the offered services in the area of the individual healthcare provided that the Parent requested this with the registration and the Proprietor disposes of the relevant possibilities;
– the price pertaining to the offer;
– the payment method and possible additional costs of different payment methods;
– the cancellation terms and conditions, including the cancellation costs;
– the term of the Agreement;
– the applicable notice periods;
– the reply period with regard to the offer;
– a reference to the applicability of these General Terms and Conditions;
– a date.
3. The offer takes place In Writing and is accompanied by the General Terms and Conditions.
4. The offer, for the acceptance of which the Proprietor offers the Parent a reasonable reply period, is irrevocable during the reply period. After lapse of the reply period the offer expires.
ARTICLE 6 – The Agreement
1. The Agreement is concluded following acceptance by the Parent of the offer made by the Proprietor.
2. The Parent accepts the offer In Writing. The date when the Proprietor receives the acceptance is the Start Date of the Agreement.
3. The Proprietor confirms the receipt of the acceptance In Writing.
4. Within the framework of the Agreement the Proprietor shall be free to give substance to the Childcare at its own discretion.
ARTICLE 7 – Cancellation
1. The Parent is entitled to cancel the Agreement as from the Start Date up to the Commencement Date.
2. The Parent is liable to pay cancellation costs.
3. The level of the cancellation costs shall never exceed the payment due over the notice period applicable to the Parent as intended in article 10 paragraph 4 under a.
ARTICLE 8 – Placement interview
1. The Proprietor invites the Parent for an interview in a timely fashion prior to the Commencement Date.
2. The following is discussed during this interview:
a. the specific data of the Parent and his/her child required for the Childcare, including the necessary Civil Service Number(s);
b. the commencement and duration of the settling in period;
c. the general or temporary points for attention and particularities for the specific care of the child (daily rhythm, food, sickness, medication, development, and the like);
d. the individual wishes of the Parent and that these are, where reasonably possible, taken into account;
e. the manner of communication;
f. the participation in excursions;
g. taking pictures and/or videos of the child;
h. the statutory liability of the Parent for damages caused by his/her child. And in addition, in case of Out-of-School Care:
i. the elements as intended in schedule 1 to these General Terms and Conditions, paragraph 5 under h.
3. The Proprietor confirms the arrangements agreed on during the placement interview to the Parent In Writing.
ARTICLE 9 – Term and renewal of the Agreement
1. The Agreement is concluded for the maximum term of the stipulated type of Childcare.
2. The maximum term for Day Nursery runs up to the age that the child starts participating in primary education.
3. The maximum term for Out-of-School Care runs as from the age that the child starts participating in primary education up to the day that the child starts participating in secondary education.
4. In derogation from the provisions set forth in paragraph 1 the Parties can agree on a shorter term of at most one year.
5. After expiry of the Agreement concluded in pursuance of paragraph 4 for a shorter term than the maximum term the Parties can renew the Agreement. Renewal does not take place automatically.
6. A renewal of the Agreement is agreed on In Writing.
ARTICLE 10 – End of the Agreement
1. The Agreement comes to an end by operation of law after lapse of the term included in the Agreement.
2. In addition the Agreement comes to an end following termination (before the end of the term) by one of the Parties.
3. The Proprietor is only authorised to terminate the Agreement on a compelling ground. The following are, in any case, qualified as a compelling ground:
a. the situation where the Parent has failed to comply with his/her payment obligation for a period of one month;
b. continuation of situations as intended in article 11 paragraph 2 under a and c;
c. the situation as intended in article 11 paragraph 2 under b;
d. the circumstance that the Proprietor is, due to a cause that cannot be attributed to the same, lengthily or permanently unable to implement the Agreement;
e. a commercial necessity that jeopardises the continuity of the location where the child has been placed.
4. Termination takes place by means of a motivated Written notice of the one to the other Party and
a. in consideration of a notice period of one month in case of termination by the Parent;
b. in consideration of a reasonable notice period, which shall at least amount to one month, in case of termination by the Proprietor;
c. with immediate effect in case of termination by the Proprietor in pursuance of article 10 paragraph 3 under a.
5. During the notice period the payment obligation of the Parent continues. The notice period takes effect on the date when the Parent or the Proprietor receives the notice of termination. The notice is deemed to have been received on the date of the postmark on the envelop, on the date of the email with which the notice was sent or on the date when the electronic notice was sent, unless the notice contains a different date.
6. Other than as a result of expiry of the stipulated term and other than as a result of notice of termination the Agreement comes to an end with immediate effect in case of the death of the child.
ARTICLE 11- Accessibility
1. The location where the child has been placed is basically accessible to the child as long as agreement is in place between the Proprietor and the Parent.
2. The Proprietor is entitled to deny the child and/or the Parent access to the location for the duration of the period that normal care of the child can within reason not be expected of the Proprietor and the child cannot be cared for in the usual manner. For instance on account of the fact that:
a. the child requires additional care due to sickness or otherwise;
b. the child and/or the Parent represent a risk or threat to the mental and/or physical health or safety of others after having been warned, unless a warning can within reason not be expected of the Proprietor;
c. the care of the child disproportionately encumbers or hinders normal care of the other children.
3. If the Proprietor denies the child and/or the Parent access to the location then the Proprietor shall enter into discussions with the Parent in order to arrive at a solution for the situation acceptable to all Parties.
4. If the Parent does not agree with the decision of article 11 paragraph 2 to deny access and the discussions with the Proprietor did not result in a solution then he/she can bring this decision to the cognisance of the Disputes Committee with the request to handle the dispute according to the abbreviated procedure within the meaning of the Regulations of the Dispute Committee Childcare.
5. During the abbreviated procedure the Proprietor cannot terminate the place.
ARTICLE 12 – Mutual obligations
1. The Parties jointly provide for adequate exchange of information about the child.
2. The Parties transfer the responsibility for the child to each other in the following manner:
a. In case of Day Nursery: when dropping off the child the Parent is responsible and when picking up the Child the Proprietor until the Parties can within reason assume that the transfer of responsibility took place.
b. In case of Out-of-School Care: the way that the child comes to and leaves the Out-of-School Care determines the transfer of responsibility for the child. The Parties agree on Written arrangements about this.
ARTICLE 13 – Obligations of the Proprietor
1. In pursuance of the Agreement the Proprietor is held to provide Childcare on the basis of the stipulated terms and conditions.
2. The Proprietor warrants that:
a. The Childcare that falls under its responsibility:
– corresponds with the applicable legislation and regulations;
– is performed in accordance with good practices and whilst making use of solid material;
b. A Child Centre that falls under its responsibility is suitable for responsible care of children both in terms of personnel and in terms of material facilities. A further regulation of the manner that the Proprietor complies with its obligations as intended in article 13 paragraph 1 is included in schedule 1. This schedule formsan integral part of these General Terms and Conditions.
3. The Proprietor takes the individual wishes of the Parent into account to the extent that this is reasonably possible.
ARTICLE 14 – Obligations of the Parent
1. The Parent already reports particulars of a medical nature or in the development of the child with the registration.
2. The Parent sees to it that the Proprietor disposes of all data that are important to the availability of the Parent.
3. The Parent observes the rules that are applicable in the Child Centre.
4. The Parent refrains from each and every act that encumbers the implementation of the Agreement on the part of the Proprietor and sees to it that his/her child also refrains from the same.
5. The Parent drops off and picks up the child in a timely fashion and provides for compliance with this obligation by those who drop off and pick up the child on his/her behalf.
6. The Proprietor establishes the authority of others than the Parents to pick up the child from the Childcare In Writing, if so requested by the Parent.
7. The Parent pays the Proprietor in conformity with the relevant stipulated arrangements and within the payment term, at least bears responsibility for the same.
ARTICLE 15 – Change of the Agreement
1. The Proprietor is entitled to unilaterally change the Agreement for compelling reasons. Compelling reasons are, in any case, changes in legislation and regulations or commercial circumstances that jeopardise the continuity of the location where the child has been placed.
2. Changes of the Agreement are announced by the Proprietor in a timely fashion with a notice that amounts to at least one month.
3. If the change of the Agreement results in an essential change in the Childcare to be provided then the Parent shall be authorised to dissolve the Agreement as from the day that the change takes effect.
ARTICLE 16 – The price and change of the price
1. The price that the Parent needs to pay for the Childcare is stipulated in advance.
2. The Proprietor is authorised to change the stipulated price three months after the Start Date, including an increase. The Proprietor announces this kind of price change in advance. The price change cannot take effect earlier than one calendar month plus one week after the announcement.
ARTICLE 17 – The payment / Late payment
1. The Parent pays on the basis of a Written invoice and at the latest on the payment date specified on the invoice. Possible reliance on a provided security deposit equals payment. The invoice is provided without charge.
2. If a Parent pays to a third party designated by the Proprietor then the Parent shall consequently be released from his/her payment obligation. The designation by the Parent of a third party that must provide for payments shall not affect the liability of the Parent for (timely) payment. Possible payment by a third party on behalf of the Parent shall however release the Parent from his/her payment obligation.
3. Failing complete and timely payment the Parent shall be in default by operation of law.
4. After the expiry of the payment date the Proprietor sends a Written payment reminder and gives the Parent the opportunity to yet pay within 14 days after receipt of this payment reminder. Moreover, the Proprietor warns the Parent in this payment reminder for the cancellation authority of the Proprietor in pursuance of article 10 paragraph 3 under a. This payment reminder must be sent at least 14 days before there is question of said authority.
5. If after the expiry of the time limit specified in the payment reminder payment still did not take place the Proprietor charges interest as from the expiry of the final due date specified in the invoice. The interest equals the statutory interest.
6. Extrajudicial costs incurred by the Proprietor in order to force payment of a debt of the Parent can be charged to the Parent. The level of the extrajudicial collection costs is subject to statutory limitations.
7. A payment shall first be applied to the satisfaction of the payable costs and interest and then to the satisfaction of the oldest outstanding debts.
ARTICLE 18 – Applicable law and competent court
1. Dutch law is applicable to the Agreement.
2. The competent Dutch court is authorised to rule on the Agreement notwithstanding the authority of the Disputes Committee, as intended in article 20, to take cognisance of a dispute as intended in said article.
ARTICLE 19 – Complaints procedure
1. Complaints about the implementation of the Agreement must be submitted to the Proprietor In Writing and in a complete and clearly described manner and in a timely fashion, however at the latest within two months after the Parent has observed or could within reason have observed the shortcomings. The Parent must submit the complaint within a reasonable time limit after he/she has observed or should within reason have observed the shortcoming in the performance, in the course of which a complaint within a time limit of two months after discovery is deemed to have been submitted in a timely fashion.
2. The Proprietor handles the complaint in accordance with the internal complaints procedure. When preparing or changing this procedure the Parent Committee is entitled to issue its opinion in conformity with the provisions set forth in the Dutch Childcare Act.
3. If the complaint cannot be solved amicably then a dispute occurs that is susceptible to the dispute settlement rules of article 20.
ARTICLE 20 – Dispute settlement rules and statutory complaints regulations for Childcare
1. Disputes between the Parent and the Proprietor about the conclusion or the implementation of the Agreement can be brought to the cognisance of the Disputes Committee Childcare and Playschool, Bordewijklaan 46, PO Box 90 600, 2509 LP The Hague (www.degeschillencommissie.nl), either by the Parent or by the Proprietor.
2. A dispute is only handled by the Disputes Committee if the Parent has first submitted his/her complaint to the Proprietor.
3. If the complaint does not result in a solution then the dispute needs to be brought to the cognisance to the Disputes Committee In Writing or in another form to be determined by the said committee within 12 months after the date that the Parent submitted the complaint to the Proprietor.
4. If a Parent brings a dispute to the cognisance of the Disputes Committee the Proprietor shall be bound by this choice. If the Proprietor intends to bring a dispute to the cognisance of the Disputes Committee, it must first request the Parent In
Writing to express him-/herself within five weeks as to whether he/she agrees with the same. In this respect the Proprietor must announce that after the expiry of the aforementioned time limit it shall be free to bring the dispute to the cognisance of the court.
5. The Disputes Committee rules in consideration of the provisions set forth in the regulations applicable to the same. The regulations of the Disputes Committee are available via www-degeschillencommissie.nl and are, if so requested, forwarded. A fee is payable for the handling of a dispute. The decisions of the Disputes Committee are given by binding third-party ruling. The route to the court is available for marginal assessment of this binding third-party ruling.
6. Only the court or the aforementioned Disputes Committee is authorised to take cognisance of disputes.
ARTICLE 21 – Supplements
Individual supplements to or expansions of these General Terms and Conditions must be stipulated In Writing between the Proprietor and the Parent.
ARTICLE 22 – Change of these terms and conditions
1. These General Terms and Conditions were prepared by the Association for the Childcare Sector in the Netherlands. The Association for the Childcare Sector in the Netherlands can change and revise its General Terms and Conditions for Childcare.
2. The Proprietor is entitled to change the Agreement unilaterally in the sense that the latest version of the General Terms and Conditions for Childcare established by the Association for the Childcare Sector in the Netherlands are declared applicable.
Through acceptance of these General Terms and Conditions the Parent declares to agree with this kind of change.
3. The Proprietor notifies the Parent In Writing of a change of the General Terms and Conditions.
4. The changes take effect one month and one week after the said notification or at a later date if this is indicated in the notification, unless a different statutory time limit is required, which is then applied.
5. If the change of the General Terms and Conditions results in an essential change of the Agreement then the Parent is authorised to terminate the Agreement up to the day that the changes take effect against the day that the changes take effect.
Further regulation of the obligations of the Proprietor pursuant to article 13 of the General Terms and Conditions for Childcare, Day Nursery and Out-of-School Care 2016.
The Proprietor complies with its obligations outlined in article 13 paragraph 2 by, inter alia, seeing to it that the undertaking disposes of:
1. a pedagogic policy plan that outlines the typical manner of handling children and their parents;
2. regulations / documents that reflect the policy with regard to hygiene, safety, child abuse, medical actions, sickness and privacy;
3. regulations that regulate the functioning of the Parent Committee;
4. regulations that regulate the complaints procedure;
5. an overview of, or information about, the following elements of the Childcare:
a. type of care, possibilities of flexible care and possible additional services;
b. information about the group, the ratio between group leaders and the number of children per age category, and the available space;
c. exchange of information, form and frequency, including the number of parent meetings that basically take place per year;
d. the food to be provided;
e. possibilities of agreeing on specific arrangements about development, care and food;
f. opening hours and days and possible compulsory minimum purchase;
g. the hours when the children are received and leave the centre;
h. in case of Out-of-School Care:
- the possibilities of participating in external activities, e.g. in the area of sports
- he possibilities of bridging the distance between school and Child Centre or
school and external activity, e.g. the type of transport, whether or not under
- the possibilities of bridging the distance between Child Centre and home, or
external activity and home, e.g. whether or not going home independently;
- the care during holidays and additional school days off;
i. the placement procedure;
j. the nature and scope of the settling in period;
k. possible regulations in which the standing orders of the Child Centre are established;
l. the applicable price;
m.the payment method and possible additional costs in case of different payment methods;
n. the cancellation terms and conditions, including the cancellation costs;
o. the registration terms and conditions, including the registration costs;
p. the applicable notice periods.
ANNEX 2 – SUPPLEMENTARY GENERAL TERMS AND CONDITIONS
This annex contains Zo Kinderopvang general terms and conditions (the “Supplementary General Terms and Conditions”). These apply in addition to the most recent version of the “General Terms and Conditions for Childcare, Day Care and After School Care” of the Childcare Sector Organisation (the “Sectoral Terms and Conditions”).
In these Supplementary General Terms and Conditions, words written with a capital letter have the same meaning/definition ascribed to them as in the Sectoral Terms and Conditions, unless expressly stated otherwise.
In the event of any ambiguity or conflict between these Supplementary Terms and Conditions and the Sectoral Terms and Conditions, these Supplementary Terms and Conditions will prevail.
The Sectoral Terms and Conditions and the Supplementary General Terms and Conditions are also jointly referred to as the “General Terms and Conditions”. These General Terms and Conditions are an integral part of the Agreement between the Parent and the Childcare Provider.
1. Definitions and Interpretation
1.1 Where these Supplementary Terms and Conditions and the Agreement refer to “Provider”, this is understood to have the same meaning as “Company” in the Sectoral Terms and Conditions.
1.2 In these Supplementary Terms and Conditions, “including” and the phrases “inclusive of” and “such as” mean “including but not limited to”, “inclusive of but not limited to” and “such as but not limited to”, respectively.
1.3 The term “Parent” in these General Terms and Conditions and the Agreement also refers to the caregiver, foster parent or legal guardian who has authority over the child and authority to enter into an agreement for the child’s Childcare.
2.1 The Provider is also entitled to unilaterally amend the Agreement and/or the General Terms and Conditions without compelling reasons within the meaning of Article 15 of the Sectoral Terms and Conditions, provided that this is done in accordance with applicable mandatory laws and regulations. The following arrangements apply to any intended amendment:
2.1.1 the Provider communicates the intended change to the Parent at least one month in advance and, in case of price changes, at least one month and one week in advance according to Article 16 of the Sectoral Terms and Conditions;
2.1.2 if the amendment results in the Provider providing a service that differs substantially from the agreed service within the meaning of Section 6:237 of the Dutch Civil Code, the Parent has the right to terminate the Agreement from the date on which the amendment takes effect. The Parent must communicate their wish to terminate the Agreement in writing to the Provider within one month after the intended change was announced by the Provider (or within one month and one week in the case of a price change).
2.2 The Provider is not obliged to agree to any amendments to the Agreement requested by the Parent and is only bound by such changes if they are expressly accepted in writing by an authorised representative.
2.3 If an Agreement for a period of less than 52 weeks (the “Term”) is terminated prematurely by the Parent, the Provider has the right to retroactively recalculate and increase the fee payable by the Parent such that the same amount has been paid in total over the relevant Term as would have been paid had the Agreement been terminated at the end of the Term (and not terminated prematurely). In that case, the Parent must then pay the difference to the Provider after receiving the relevant invoice.
2.4 The website or other information channels of the Provider will state the period within which applications for Childcare (including for regular days, extra days, swap days, etc.) can be cancelled free of charge.
2.5 The Provider has the right to change the Childcare location or to merge it with another Childcare location during school holidays and/or inset days.
2.6 If the Parent changes the Agreement more than four times in a 12-month period, for each change after the fourth change the Parent owes the Provider an administrative fee of €25 for each child. The Provider has the right to increase this amount annually in accordance with the consumer price index (CPI) for all households.
3. Termination AND Suspension
3.1 In addition to that stated in the Sectoral Terms and Conditions, the Provider has the right to suspend all or part of its obligations under the Agreement with immediate effect (including the right to deny access to the Parent and/or Child) or to terminate the Agreement with immediate effect if one or more of the following circumstances occurs:
3.1.1 the Parent fails to fulfil one or more obligations arising from the Agreement (including the General Terms and Conditions) and that failure is not fully remedied within 14 calendar days (one month in the case of a payment obligation) of a written request to that effect;
3.1.2 the relationship between the Parent or the Child on the one hand and the Provider or its staff on the other hand has, in the reasonable opinion of the Provider, been disrupted to such an extent that the Provider cannot reasonably be required to continue the Agreement (including the situation where a Parent regularly brings or picks up the Child late);
3.1.3 one or both Parents or Guardians lose custody of the Child;
3.1.4 the Provider is unable to fulfil its obligations under the Agreement for one month or more due to circumstances that cannot be attributed to it (for example, full or partial closure of the Childcare centre or restriction of the Provider’s activities in connection with laws and regulations, measures or recommendations aimed at protecting or promoting safety or public health, including in connection with COVID-19);
3.1.5 the Childcare service is used for fewer half-days than agreed between the Parties, notwithstanding the Parent’s obligation always to pay at least the agreed (minimum) number of half-days until the Agreement is terminated, regardless of whether those half-days are actually used (flexible care excepted);
3.1.6 a decision is made to dissolve the Provider, a petition is filed for the Provider’s bankruptcy or a moratorium is granted to the Provider.
If the Provider exercises its rights under Article 3.1, this does not create any obligation to pay the Parent (that is, there is no obligation to make a refund and no obligation to reimburse any damage or costs).
3.2 If the Provider suspends its obligations under Article 3.1, the Parent remains obliged to fulfil all payment obligations under the Agreement during the suspension until the moment the Agreement ends in accordance with the General Terms and Conditions (by notice or otherwise).
3.3 If the Provider terminates the Agreement based on Article 3.1.1, the Parent is obliged to pay the Provider a cancellation fee equal to the payment obligations for one month of Childcare (in addition to the Parent’s regular payment obligations until the date on which the Agreement ends) (flexible Childcare excepted).
3.4 If the Parent cancels the Agreement before the starting date, the following cancellation charges are payable to the Provider. The Provider has the right to increase this amount annually in accordance with the consumer price index (CPI) for all households:
3.4.1 cancellation more than three months before the starting date – no cancellation fee;
3.4.2 cancellation between one and three months before the starting date – €50 cancellation fee;
3.4.3 cancellation less than one month before the starting date – an amount equal to the agreed Childcare costs with due regard for the months’ notice period.
4.1 The Provider applies a fixed price per half-day for Childcare. This means that even if the Childcare place made available is not used in full or in part, the Parent still owes the Provider the full amount.
4.2 The Parent must make all payments in advance in euros, unless explicitly agreed otherwise.
4.3 The Parent must give the Provider a direct debit mandate, in writing, for automatic payment of the amounts owed, unless explicitly agreed otherwise in writing. When requesting the direct debit mandate, the Provider indicates the time when the amounts owed will be debited from the bank or giro account specified by the Parent.
4.4 If the parties agree that no direct debit will take place, the Parent will receive an invoice from the Provider for each agreed period. This invoice must be paid within the agreed payment term.
4.5 The Parent is not entitled to offset or deduct any claim he or she has or believes to have in respect of the Provider (or any other amount) against any payment obligation the Parent has in respect of the Provider.
5. Restrictive measures and closure
5.1 The Provider may impose reasonable (precautionary) measures and regulations for the protection of health and safety (including for the prevention of spreading viruses or diseases such as COVID-19), which must be adhered to by Parents and children. A measure or regulation is in any case considered reasonable if it is recommended or made compulsory by the government or a semi-public authority (including the Dutch National Institute for Public Health and the Environment, RIVM), including in advisory reports, protocols and applicable laws and regulations. These measures may include, but are not limited to, the introduction of restrictions on the maximum number of people who may be present at the same time in all or part of the premises/the Childcare location of the Provider, changes to the agreed Childcare days and/or shortening of the Childcare times/half-days (including working with time blocks). These precautionary measures and regulations are communicated to the Parent in writing (for example, by email) and do not, where reasonable, entitle the Parent to dissolve, terminate or adjust the Agreement (wholly, partially or temporally), to suspend payment obligations or to a refund of any amount.
5.2 If the Provider closes down its Childcare centre/location temporarily to comply with applicable laws or regulations, rules or recommendations of the government or a semi-public authority (including the Dutch National Institute for Public Health and the Environment, RIVM) that concern the protection of safety or public health (for example to prevent the spreading of diseases or viruses such as COVID-19), the Provider has the right to continue collecting the agreed payment obligations from the Parent during the closure for a maximum of three months. The Provider will provide reasonable compensation to the Parents (in cash, kind or otherwise) for the continued payment obligation during closure to the extent required under applicable mandatory laws and regulations or if the Provider considers it reasonable to do so.
6.1 The Provider is not liable for accidents, physical or mental injury, illness or health problems (including contracting viruses) or any damage caused by the above as a result of entering the premises/the Childcare location or using the services or facilities of the Provider, unless these are caused by the Provider not taking the precautions required under applicable mandatory laws and regulations.
6.2 The total liability of the Provider in connection with the Agreement and with Childcare is limited to the amount actually paid out by the Provider’s liability insurance for the circumstances that led to the relevant liability. However, if for any reason the liability insurance does not pay out (including the absence of relevant liability insurance), the Provider’s liability is limited in total to the amount the Parent actually paid to the Provider for the Childcare of the relevant child during the previous six months.
6.3 The Provider is not liable for any damage to or loss of items (including toys and clothing) belonging to the child or Parent.
6.4 The Provider is not liable for indirect or consequential damage (including loss of income or profit or missed opportunities or savings).
6.5 The exclusions and limitations of liability set out above in Articles 6.1 to 6.4 inclusive do not apply in the case of wilful misconduct or deliberate recklessness on the part of the Provider.
6.6 The Parent is obliged to take out third-party insurance for the child with adequate cover and maintain such insurance for the Term of this Agreement.
6.7 The Parent is obliged to indemnify and hold harmless the Provider against all claims for damages made by third parties against the Provider in respect of damage caused by the Parent’s child who is in Childcare.
7.1 When using the Provider’s Childcare and other services, the Parent and the child are obliged to act in accordance with applicable laws or regulations, rules or recommendations of the government or a semi-public authority (including the Dutch National Institute for Public Health and the Environment, RIVM) that concern the protection of safety or public health (including with regard to COVID-19).
7.2 If required by the government or a semi-public authority or if considered reasonably necessary by the Provider (for example, to protect the health of employees and children), the Provider may make vaccination/inoculation of the child (in accordance with the National Immunisation Programme or otherwise) a condition for access to the Childcare location to the extent permitted under applicable laws and regulations.
8. Other provisions
8.1 Communication between the Provider and the Parents takes place through the communication channels prescribed by the Provider, which may differ depending on the subject.
8.2 The Provider’s privacy regulations can be viewed on its website. By signing the registration form or the Agreement, the Parent agrees to the contents of the privacy regulations.
8.3 The Agreement is entered into with one of the Parents of the child (the “Contract Parent”). Subject to proof to the contrary, the Provider assumes that both Parents (if any) have parental authority over the child and that the Contract Parent represents both Parents in entering into, amending, terminating and executing the Agreement, including all communications about it. The Contract Parent ensures that all important aspects and decisions regarding the Agreement and Childcare have been discussed with the other Parent beforehand. The Provider is entitled to provide all information about the child to both Parents, unless it is proven that one of the Parents does not have parental authority over the child and the Parent with custody has explicitly requested in writing not to share all information about the child with the Parent who does not have custody. If it transpires that a Parent does not have parental authority over the child, that Parent still has the right, under applicable laws and regulations, to receive “important facts and information concerning the child or its care and upbringing”. The Provider remains entitled to provide such information about the child to the Parent who does not have custody. Both Parents are severally bound/liable for the payment obligations under the Agreement.