ARTICLE 1 – Applicability
1. These General Terms and Conditions are applicable to the conclusion and implementation of the Agreement.
2. The Agreement is concluded between the Proprietor and the Parent.
ARTICLE 2 – Supply of information
1. If a Parent is interested in the possible placement of his/her child in a Child Center the Proprietor shall provide the Parent with an information package in which the Proprietor provides a description of the services in the Child Center, 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 Centers.
2. The information package is provided In writing and contains at least the elements outlined in schedule to these 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 3 – Registration
1. The Parent registers with the Proprietor as a party interested in Day Nursery or Out-of-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 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.
ARTICLE 4 – 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 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 5 – 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 6 – 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.
ARTICLE 7 – 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:
- the specific data of the Parent and his/her child required for the Childcare;
- the commencement and duration of the settling in period;
- 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);
- the individual wishes of the Parent and that these are, where reasonably possible, taken into account;
- the manner of communication;
- the participation in excursions;
- taking pictures and/or videos of the child;
- the statutory liability of the Parent for damages caused by his/her child. And in addition, in case of Out-of-School Care:
- the elements as intended in to these General Terms and Conditions.
- The Proprietor confirms the arrangements agreed on during the placement interview to the Parent in writing.
ARTICLE 8 – 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 9 – 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 authorized to terminate the Agreement on a compelling
ground. The following are, in any case, qualified as a compelling ground:
- the situation where the Parent has failed to comply with his/her payment obligation for a period of one month;
- continuation of situations as intended;
- the situation as intended;
- 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;
- a commercial necessity that jeopardises the continuity of the location where the child has been placed.
- Termination takes place by means of a motivated written notice of the one to the
other Party and - in consideration of a notice period of one month in case of termination by the Parent;
- in consideration of a reasonable notice period, which shall at least amount to one month, in case of termination by the Proprietor;
- with immediate effect in case of termination by the Proprietor.
- 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.
- 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.