- 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. Applicable law, jurisdiction and amending of the law
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 her automated search module with 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 judge regarding the (lack of) acceptance of the users’ 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 performing 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 user and babysitter. The user has a claim with regard to the babysitter to perform the babysitting service, as results from the user’s booking request. The babysitter has a claim with regard to the user for compliance with the payment from the moment the agreed upon babysitting service is completed. The fee always includes the 8% holiday pay per year in accordance with the Home Services Regulation, sick leave, and the statutory vacation days accrued by the babysitter.
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 agree to 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 sends the user’s booking request to the selected babysitter. The babysitter who first ‘accepts’ the booking request, agrees to 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 ‘ended’.
- If the babysitter informs Charly Cares of accepting 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 with an order confirmation through a push notification (“order confirmation”). In the Application, under ‘Bookings’, the booking request is given the status ‘accepted’.
- In the platform under ‘Bookings’, you will be able to see 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. The babysitting service under this agreement consist 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 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 to perform the babysitting services. The user ensures that he/she has made all necessary preparations before the start of the babysitting service. This applies to all details regarding the children (eg illness, allergies, diet) and access to the location where the service will take place.
4. The babysitting service starts from the booked time or from the moment the babysitter has arrived or from the (later) agreed upon time.
5. The duration of each babysitter timer is recorder 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 follow 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 total amount will be adjusted automatically. Changing the times always 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 within 24 hours at the latest after completion of the babysitting service.
9. Incorrect payments and other shortcomings must be reported to Charly Cares as soon as possible through email@example.com or during office hours +31(0)20 210 2323.to top
Article 4: Price and payment
1. After completion of the agreed Babysitting Service by Babysitter the User is obliged to pay the amount due through the payment method selected at the registration to the (non-cash) online payment provider ADYEN Trust account to as hereinafter “Adyen", or another party that facilitates payment transaction appointed by Charly Cares.
2. User shall pay Charly Cares through Adyen, discharging the User from debt; Charly Cares will receive the payment on behalf Babysitter through Adyen and will, on behalf of the User and in accordance with payment agreements, transfer the payment to the Babysitter's bank account citing the babysitter-feature. The User’s payment be put into operation in the absence of a filed complaint and the passing of up to 96 hours.
3. Charly Cares does not send a payment overview after the babysitting service. Under "My payments" on the Platform specifications of the finished Babysitting Service(s) can be found.
4. In case the User has booked multiple Babysitting Services simultaneously, the obligation to pay will apply after each finished babysitting service.to top
Article 5: Cancellation and termination of a babysitting service
1. The User can only cancel the babysitting booking via the platform. Go to 'my booking' > click on the entry line > click on the button "CANCEL RESERVATION”. The Babysitter will immediately be informed of the cancellation / termination of the babysitting service. A cancellation / termination via chat, SMS, Whatsapp, phone, email, or anything other than via the platform is not the (correct) cancellation / termination of the babysitting service.
2. Cancelling a booked babysitting service 24 hours before the start of the service is free of charge, for example, in order to choose a different timeframe or Babysitter or to completely cancel the booking.
3. If a User cancels within 24 to 6 hours before the booked service, Charly Cares will charge cancellation fee.
4. If a User cancels within 6 hours to 1 hour before the start of the booked service, Charly Cares charges a handling fee on behalf of the Babysitter amounting to 1 hour equivalent to the hourly rate representing the first hour of the babysitting service, plus the cancellation fee of Charly Cares.
5.If a User cancels within 1 hour before the start of the booked service, Charly Cares charges a handling fee on behalf of the Babysitter amounting to 2 hours equivalent to the hourly rate representing the first 2 hours of the babysitting service, plus the cancellation fee of Charly Cares.
6. The amount of the cancellation fee is equal to the transaction fee and is dependent on the selected 'Membership'.
7. The Babysitter agreement may be terminated earlier for the duration of the service. Charly Cares charges at least 2 hours plus a transaction fee on behalf of the Babysitter.
8. In case compelling grounds occur, User can consult with Charly Cares. Charly Cares will determine whether compelling grounds apply and may decide to refund the cancellation fee (or portion thereof).
9. Charly Cares will, in case compelling grounds are granted, block the payment to the Babysitter or reclaim the amount that has already been payed.
10. The Babysitter agreement ends when the Babysitting Service is finished.to top
Article 6: Liability
1. The Babysitter will carry out the booked Service with the best possible effort due diligence towards the User, children and / or third parties. If a User has suffered any damage caused by deficient implementation of this agreement, the Babysitter is only liable for the damage caused to the User and / or children in the event of intent or gross negligence on the part of Babysitter.
Any liability on part of the Babysitter towards User, children and / or third parties for damages arising out of, or related to the implementation of this agreement is limited to the relevant amount paid under the liability insurance of the Babysitter and may be paid by its insurer, failing to do so (for whatever reason), the damage will amount up to a maximum of three times the value of the booked Babysitting Service of the particular case.
2. Charly Cares has only an intermediary role and is not liable in any way for tangible and / or intangible damages of any kind whatsoever for which the Babysitter for can be held responsible .
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: Applicable law, jurisdiction and amending of the law
1. The Babysitter agreement is applicable to Dutch national law.
2. In the event of a dispute between Babysitter and Charly Cares, they will be submitted to and settled by the court in Amsterdam.
3. Should any of these provisions, for whatever reason found to be invalid, this will not affect the validity of the remaining provision(s) in these general terms.
4. Charly Cares has the right to change these terms and conditions for 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."