- 1. Terms and Conditions
- 2. Conclusion of the Babysitter Agreement (Contract Agreement)
- 3. Subject of the Babysitter contract
- 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, hereinafter 'Charly Cares', and manages the website or platform www.charlycares.com, hereinafter "the Platform". Through the platform the User, hereinafter referred to as "User" can find book, review and pay a flexible babysitter online. The service provider, ''the Babysitter" is an individual who provides Services under the Settlement House Services (Regeling Dienstverlening aan Huis). Flexible is defined as: service without a permanent character or system, incidentally, last minute; hereinafter “flexible."
User agrees upon 2 (two)basic contracts:
1. A User Agreement with Charly Cares regarding the use of the Platform by accepting the Terms and Conditions applied to User, hereinafter the "Terms";
2. An agreement for performing Babysitting Services with Babysitter, hereinafter: “Babysitter Agreement". The Babysitter Agreement between Babysitter and User are subject to these General Terms and Conditions and will be established after the procedure out in Article 1 paragraph 2 has been carried.
Article 2: Conclusion of the Babysitter Agreement (Contract Agreement)
1. The Agreement between User and Babysitter is an Agreement with elements of industrial and labor relations subject to the Settlement House Services. The parties to the Agreement are only the User and Babysitter. User holds a claim for compliance to the Babysitter for carrying out the Babysitting Services, resulting from the booking request of the User. The Babysitter holds a claim for compliance to payment to the User, from the time the agreed Babysitting Services are completed. The fee always includes, in accordance with the Settlement House Services, 8% holiday allowance, sick leave and statutory holidays accumulated by the Babysitter.
2. A Babysitter Agreement is established as follows:
a. After the User on the Platform selects a Babysitter, accepts the terms of the Babysitting Agreement and clicks the button "SEND A BOOKING REQUEST" on the platform, the User makes a legal offer to conclude a Babysitting Agreement ( "Offer" or " booking request ").
b. After making the booking request the User receives a notification of receipt via Charly Cares, this does not mean the booking request has been accepted. On the platform under "my booking" the booking request will have a status of "Pending".
c. Charly Cares sends the booking request to the selected Babysitter(s). The Babysitter who “accepts” the booking request first, concludes the Babysitter Agreement with the User. On the platform under "my booking" the booking request is given the status "Accepted".
d. If the selected Babysitter does not accept the booking request within the set timeframe, the status of the booking request will be automatically change to "expired".
e. If a Babysitter informs Charly Cares to accept the offer, by 'accepting' the booking request and 'agreeing' to proceed with the Babysitter Agreement, Charly Cares will, on behalf of and authorized by the Babysitter, disclose a notification of the acceptance to the User ( "Order Confirmation").The status of the booking request under 'my booking' will be given the status "Accepted".
f. The status of the booking can be found on the Platform under "my booking". When the booking is 'accepted', it will contain information on the agreed babysitting service such as address / date / time / the expected duration of the Babysitting Service and information about the Babysitter that will provide the Service (Babysitter relevant profile data). The "General Conditions for Babysitting Services" can also be found on www.charlycares.com .
3. If a booking request made through the search module is unsuccessful, there will be no Babysitter Agreement.
4. Charly Cares will sent the acceptance or rejection of a booking request to the User within 12 hours for a regular booking and within 6 hours for a last minute booking.
5. Babysitter reserves the right to cancel or withdraw from the Babysitting Service with immediate effect, in case of reasonable grounds for cancellation.to top
Article 3: Subject of the Babysitter contract
1. Babysitting Services under this contract consist of the services booked by the User and accepted by the Babysitter through the Platform.
2. The Babysitter will carry out the Agreement in their own fashion and responsibility, taking into account the provisions of the Babysitter Agreement.
3. User will give the Babysitter all necessary information and assistance to carry out the Babysitting Services. User will ensure to have taken all necessary preparations before the start of the Babysitting Service. This especially applies in case of any particularities concerning the children (e.g. disease, allergies, diet) and access control to the residence where the Service will take place.
4. Babysittng Service starts from the time the service was booked or from the time the Babysitter arrives or from the (at a later time) agreed upon time.
5. The duration of the Babysitting Service is tracked by the(babysitting) timer. The (babysitting) timer is linked to the account of the User.
The Babysitting Service starts when the following steps are completed:
Step 1 The (babysitting) timer automatically starts from the time the service was booked. If the Babysitting Service starts earlier or later than originally booked, the start time can be changed. The start or ending time of the service can be changed in the step after stopping the timer. See Art. 6 step 2;
Step 2 User and Babysitter can occasionally track the Time Lapse by logging on to the Platform.
6. The Babysitting Service will only be terminated by fully completing the following steps:
Step 1 When returning home the service is terminated by the User in consultation and agreement with the Babysitter .
Step 2 User will terminate the timer by logging on to the platform and then pressing the button "STOP TIME". This can be done using a smart phone (App), tablet, laptop or desktop.
Step 3 The start and / or end time can be changed. The Babysitting Service may have started or ended later or earlier on request. If the start or ending time and the duration of the Babysitting Service are changed, the total amount will be adjusted automatically. Changing the start or ending time and the duration of the Babysitting Service always happens with consent of the Babysitter.
Step 4 User rates the Babysitter reasonablys, fairly, objectively and based on demonstrable facts → The User can assess the Babysitter with 0 to 5 stars (Babysitting Service: 0 = poor, 5 = excellent).
Step 5 User pays the Babysitter by clicking on the button "PAY THE BABYSITTER '.
NOTE: the total amount does not include transaction fees. The amount of the transaction is dependent on the "Membership" selected.
7. The total duration of the Baybsitting Service may differ from the booked babysitting time. The booked babysitter duration is indicative.
8. The Babysitting Service shall be regarded as fulfilled and accepted in regards to the Babysitter Agreement, if User has not reported to Charly Cares any shortcomings in the performance of the Babysitting Service immediately or within 24 hours after completion of the Babysitting Service.
9. Improper payments or other deficiencies must be reported immediately to Charly Cares via email@example.com or during office hours at +31 (0) 20 210 23 23.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. User and Babysitter are expected to take out their own liability and accident insuranceto 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."