- 1. Terms and conditions
- 2. Creation of the Babysitting Agreement (contract agreement)
- 3. Subject of the Babysitting Agreement
- 4. Price and payment
- 5. Cancellation and termination of a babysitting service
- 6. Liability
- 7. Article 7: Applicable law, authority and right to change
Article 1: Terms and conditions
Charly Cares B.V. is located at Wijde Kapelsteeg 1, 1012 NS Amsterdam and manages the website or platform www.charlycares.com. Through the platform, the user can search, find, book, review and pay a flexible babysitter online. The service provider is a private person who provides flexible babysitting services under the Home Services Regulation (“regeling dienstverlening aan huis”). Flexible is defined as: occasionally, without a permanent character, not systematically occurring, incidentally, last-minute.
Charly Cares facilitates, solely through the platform and the automated search module, the creation of service agreements between user and babysitter. In this context, Charly Cares acts as an authorised representative for the babysitter. Through Charly Cares, the babysitter receives booking request(s) and is expected to accept as many as possible. Charly Cares confirms booking requests with the user. Charly Cares does not form an opinion on or assess the (lack of) acceptance of the user’s booking request by the babysitter.
In principle, the user agrees to 2 (two) contracts:
- A User Agreement with Charly Cares regarding the use of the platform through acceptance of the terms and conditions applicable to the user.
- A contract agreement for the performance of a babysitting service with the babysitter. These general terms and conditions apply to the Babysitting Agreement and are established after the order procedure in article 1 paragraph 2 has been carried out.
In addition, for each babysitting service an (accident) insurance with One Underwriting B.V. (the “Insurer”) is taken out, where the babysitter is the policyholder of an insurance policy that covers the private liability of the babysitter during the period that the babysitter is working as a babysitter (the “Insurance”). The costs of the insurance are set out in the applicable rates. The terms and conditions of the Insurer apply to the Insurance. These are attached to this babysitting agreement and can be downloaded here.to top
Article 2: Creation of the Babysitting Agreement (contract agreement)
1. The Babysitting Agreement between the user and the babysitter is an agreement containing elements of work- and labour relations under the applicability of the Home Services Regulation. The parties to the agreement are exclusively the user and the babysitter. The user has a claim on the babysitter for performance of the babysitting service, as results from the user’s booking request. The babysitter has a claim on the user for the payment starting the moment the agreed upon babysitting service has been completed. The monetary compensation always includes the 8% holiday pay per year, sick leave, and the statutory vacation days accrued by the babysitter in accordance with the Home Services Regulation.
2. A Babysitting Agreement is established as follows:
- If the user selects a certain babysitter on the platform, then accepts the terms of the Babysitting Agreement and presses the button “SEND BOOKING REQUEST”, the user makes a legally valid offer to enter into the Babysitting Agreement (“offer” or “booking request”).
- After submitting the booking request, the user receives a confirmation of receipt from Charly Cares through a push notification. This notification is not yet an acceptance of the user’s booking request. On the platform, under ‘Bookings’, the booking request will have the status ‘Pending’.
- Charly Cares forwards the user’s booking request to the selected babysitter. The babysitter who first ‘accepts’ the booking request enters into the Babysitting Agreement with the user. On the platform, under ‘Bookings’, the booking request is given the status ‘Accepted’.
- If the selected babysitter does not accept the booking within the timeframe, the status of the booking request will be automatically changed to ‘expired’.
- If the babysitter informs Charly Cares of acceptance of the offer by ‘accepting’ the booking request and agreeing to the Babysitting Agreement, Charly Cares will on behalf and with authorisation of the Babysitter communicate this acceptance by sending an order confirmation through a push notification (“order confirmation”). In the Application, under ‘Bookings’, the booking request is given the status ‘accepted’.
- On the platform under ‘Bookings’, you will be able to view the status of the booking. When the booking has been ‘accepted’, the booking will contain information on the agreed upon babysitting address / date / time / expected duration of the babysitting service and the details of the babysitter (relevant babysitter profile details) who will provide the service. The ‘general conditions of the babysitting service’ can also be found on www.charlycares.com.
3. If the platform’s search module does not provide any results for the user’s booking request, a Babysitting Agreement cannot be created.
4. The acceptance or rejection of a booking request is communicated by Charly Cares to the user within 12 hours in case of a regular booking and within 6 hours in case of a last minute booking.
5. The babysitter reserves the right to terminate or withdraw from the babysitting service with immediate effect if there are serious grounds for cancellation.to top
Article 3: Subject of the Babysitting Agreement
1. Under this agreement, the babysitting service consists of the by the user through the platformed booked and by the babysitter accepted babysitting service.
2. The babysitter executes the Babysitting Agreement in his/her own way and under his/her own responsibility, taking into account the provisions of the Babysitting Agreement.
3. Before the babysitting service, the user provides the babysitter with all the information and assistance required for the performance of the babysitting services. The user ensures that he/she has made all necessary preparations before the start of the babysitting service. This especially applies to all details regarding the children (eg illness, allergies, diet) and providing access to the location where the service will take place.
4. The babysitting service starts from the booked time ór from the moment the babysitter has arrived ór from the (later) agreed upon time.
5. The duration of each babysitting service is recorded by the Babysitting Timer. The Babysitting Timer is linked to the user’s account. The following steps are followed, the babysitting service starts
- Step 1: The Babysitting Timer starts automatically at the booked time. If the babysitting service starts earlier or later than booked, the start time can be changed. The times can be changed in the step after stopping the timer. See art. 6
- Step 2: The user and the babysitter can view the Babysitting Timer by logging in to the platform.
6. The babysitting services only ends when the following steps have been completed in full:
- Step 1: When the user returns home, the babysitting service is ended in consultation with and with the consent of the babysitter.
- Step 2: The users stops the Babysitting Timer by logging in to the platform and then pressing the “STOP” button. This can be done through a smartphone (App), tablet, laptop or desktop.
- Step 3: The start and/or end time can be changed. The babysitting service has, for example, started earlier or later. Change the time(s) and babysitting service duration and the amount charged will be adjusted automatically. Changing the times only happens with the babysitter’s consent.
- Step 4: The user assesses the babysitter reasonably, fairly and objectively and based on demonstrable facts → The user can rate the babysitter from 0 to 5 stars (babysitting service: 0 = bad, 5 = excellent).
- Step 5: The user pays the babysitter by clicking the ‘Agree and pay €…’ button. The transaction costs depend on the chosen ‘Membership’.
7. The total babysitting service duration may differ from the booked babysitting service duration. The booked babysitting service duration is indicative.
8. The babysitting service is deemed to be fulfilled and accepted, as specified by the Babysitting Agreement, if the user has not reported any shortcomings in the fulfilment of the babysitting service directly or at the latest within 24 hours after completion of the babysitting service.
9. Incorrect payments or other shortcomings must be reported to Charly Cares as soon as possible through firstname.lastname@example.org or during office hours +31(0)20 210 2323.to top
Article 4: Price and payment
1. After completion of the agreed upon babysitting service by the babysitter, the user is obligated to pay the cost of the babysitting service through the payment method chosen at registration to the (third-party) account holder online payment provider ADYEN Trust account, or other party to be named by Charly Cares who facilitates the payment traffic on behalf of Charly Cares.
2. The user pays the cost through Adyen with debt-free effect for the user; Charly Cares receives the payment on behalf of the babysitter through Adyen and will transfer it on behalf of the user and in accordance with the payment arrangements made with the babysitter to his/her bank account, citing the babysitter-overview reference. The payment by the user is triggered in the absence of a complaint and the expiry of a maximum of 96 hours.
3. Charly Cares does not send an overview after the babysitting service. On the platform under ‘Payments’, the user can find the specifications of the completed babysitting service(s) in name, for the account and the assignment, of the babysitter.
4. In case the user has simultaneously booked the babysitting service for a repeated number of times, the payment obligation will apply after each individual completed babysitting service.to top
Article 5: Cancellation and termination of a babysitting service
1. You can only cancel a babysitting service by cancelling the booking through the platform. Go to ‘Booking’ > click the relevant booking > click ‘All booking information’ > click the button ‘Cancel booking’. The babysitter will immediately be notified of the cancellation of the babysitting service. A cancellation through the chat, text message, WhatsApp, phone, e-mail or anything other than the platform is not a (correct) cancellation of the babysitting service.
2. Cancellation of the booked babysitting service up to 24 hours before the start of the babysitting service, for example with the purpose of choosing a different time or a different babysitter, or to fully waive the booking, is free of charge.
3. If the user cancels within 24 to 3 hours before the start of the booked service, Charly Cares will charge a cancellation fee.
4. If the user cancels 3 to 1 hour before the start of the booked service, Charly Cares will, on behalf of the babysitter, charge the user an amount of 1 hour equal to the hourly rate that is the first hour of the babysitting service, in addition to the Charly Cares cancellation fee.
5. The cancellation fee is equal to the transaction costs and depend on your chosen ‘Membership’.
6. The Babysitting Agreement may be terminated earlier during the babysitting service. Charly Cares charges the parent a minimum of 2 hours plus transaction costs on behalf of the babysitter.
7. The user can consult Charly Cares in case of a compelling reason for cancellation. Charly Cares determines whether there is a compelling reason and possibly decides to refund the cancellation fee (or part thereof).
8. Charly Cares will, in case of a granted compelling reason, block the payment to the babysitter or demand a refund if the payment has already been processed.
9. The Babysitting Agreement ends when the service has been completed.to top
Article 6: Liability
1. The babysitter will perform the babysitting service booked by the user to the best of his/her ability, exercising due care towards the user, their children and/or third parties. If the user suffers damage due to any shortcoming in the performance of the Babysitting Agreement, the babysitter is solely liable for the damages that the user and/or their children suffer as a result of intent or gross negligence on the part of the babysitter. Any liability of the babysitter vis-à-vis the user, their children and/or third parties for damages resulting from or related to the execution of this agreement is limited to the amount that in that case, based on the liability insurance(s) taken out by the babysitter, will or can be paid by his/her insurance provider, failing (for whatever reason) which the damage amounts to a maximum of three times the value of the booked babysitting service of the relevant case.
2. Charly Cares has a solely mediating role and can in no way be held liable for material and/or immaterial damage for which the babysitter can be held responsible, of whatever nature.
3. The user and the babysitter are, despite the Insurance that has been taken out, themselves responsible for taking out insurance for civil liability and accidents.to top
Article 7: Article 7: Applicable law, authority and right to change
1. On the Babysitting Agreement it is: ‘Dutch law applies’.
2. In case of disputes between the babysitter and Charly Cares, these will be submitted and settled by the court in Amsterdam.
3. Should one of these provisions for whatever reason prove to be invalid, then this does not affect the validity of the other provision(s) in these general terms and conditions.
4. Charly Cares holds the right to change these conditions for the babysitter from time to time.
- DISCLAIMER -
"This agreement was translated from the original Dutch text. Despite the fact that we have translated the original text with great caution, there may be a few translation or interpretation errors in the translated text. The original Dutch text prevails at all times."to top