Terms and Conditions
ARTICLE 1 Definitions
The following definitions apply in these General Terms and Conditions:
Date of commencement: The agreed date on which the childcare starts.
School care: Childcare provided by a childminder childcare for children of the age that they can go to primary education, where childcare is provided before or after daily school hours, as well as during days off or during afternoons and during school holidays.
Daycare: Childcare provided by a childminder for children up to the age at which they attend primary education.
Disputes committee: The childcare dispute committee.
Starting date: The date the agreement was entered into.
Childcare: A facility where childcare takes place (other than childminder childcare).
Day-care: Taking care of business, or other than for free, parenting and
contribute to the development of children up to the first day of the month on which secondary education for the children starts.
Entrepreneur: Natural or legal person who operates a childminder childcare.
Parent: The blood relative or relative in the ascending line or foster parent of the child to whom the childcare relates.
Parent committee: Advisory and consultative body set up by the entrepreneur, consisting of a representation of parents whose children are cared for in the childcare center.
Agreement: The childcare agreement between the parent and the entrepreneur.
Parties: The entrepreneur and the parent.
Written: Written also means 'electronic', unless the law dictates otherwise.
ARTICLE 2 - Applicability
- These General Terms and Conditions apply to the formation and implementation of the Agreement.
2. The Agreement is concluded between the Entrepreneur and the Parent.
ARTICLE 3 - Provision of information
- If a Parent is interested in the possible placement of his child in a Childminder, the Entrepreneur provides the Parent with an information package in which the Entrepreneur provides a description of the services in the Childminder that is sufficiently detailed to guide the Parent in his orientation on the market. to make a further choice between different Childcare Centers.
2. The information package is provided in Writing and contains at least the elements listed in Appendix 1 to these General Terms and Conditions, or a reference to the location where the documents are available for inspection.
3. After taking cognizance of the information package, the Parent has the option of registering with the Entrepreneur as interested in Childcare.
ARTICLE 4 - Registration
- The Parent uses a registration form to register with the Entrepreneur as an interested person for Daycare or After-school care for his or her child (ren) for a specific period of time.
2. The Parent must indicate on the registration form whether he agrees that the offer referred to in Article 5 and / or the General Terms and Conditions may be provided to him electronically.
3. The Entrepreneur confirms in writing the receipt of the registration.
4. The registration conditions of the Entrepreneur apply to the registration.
5. The registration requires neither the Parent nor the Entrepreneur to enter into an Agreement. The registration should only be seen as the Parent's request to the Entrepreneur to make an offer with regard to an agreement to provide childcare.
6. After receiving the registration, the Entrepreneur can immediately make an offer to the Parent. It is also possible that the Entrepreneur places the Parent on a waiting list.
7. When placing on a waiting list, the Entrepreneur informs the Parent In Writing. As soon as a Parent is eligible for this because of his rank on the waiting list, the Entrepreneur will make an offer to the Parent as referred to in Article 5.
ARTICLE 5 - Offer
- Following the registration, the Entrepreneur can make an offer to the Parent.
2. The offer contains information about the Entrepreneur, a description of his services,
all elements listed in Appendix 1 to the General Terms and Conditions, or a reference to the place where the documents are available for inspection, as well as:
• the (probable) name and (probable) date of birth of the child;
• the available Commencement Date;
• the available childcare type and the available location;
• the actions offered in the field of individual health care, provided the Parent has requested this upon registration and the Entrepreneur has the options for this;
• the price associated with the offer;
• the method of payment and any additional costs of different payment methods;
• the cancellation conditions, including the cancellation costs;
• the duration of the Agreement;
• the applicable cancellation periods;
• the response time with regard to the offer;
• a reference to the applicability of these General Terms and Conditions;
• a date.
3. The offer is made in writing and is accompanied by the General Terms and Conditions.
4. The offer, for which the Entrepreneur sets a reasonable period for acceptance by the Entrepreneur, is irrevocable during the response period. If the response period has expired, the offer will expire.
ARTICLE 6 - The Agreement
- The Agreement is concluded by the acceptance by the Parent of the offer made by the Entrepreneur.
2. The Parent accepts the offer In Writing. The date on which the acceptance has been received by the Entrepreneur is the Effective Date of the Agreement.
3. The entrepreneur confirms receipt of the acceptance In Writing.
4. Within the framework of the agreement, the entrepreneur is free to fill in the childcare at his own discretion.
ARTICLE 7 - Cancellation
- The Parent has the right to cancel the Agreement from the Effective Date until the Commencement Date.
2. The Parent owes costs for cancellation.
3. The amount of the cancellation costs is never more than the payment due over the notice period applicable to the Parent as referred to in article 10 paragraph 4 under a.
ARTICLE 8 - Placement interview
- The Entrepreneur invites the Parent for an interview in time for the Commencement Date.
2. In this conversation the following is discussed:
a. The specific details of the Parent and his child required for childcare; including the required Citizen Service Number (s).
b. The start and duration of the adjustment period;
c. The general or temporary points of attention and details for the specific care of the child (day rhythm, diet, illness, medication, development and the like);
d. The individual wishes of the Parent and that this is taken into account insofar as this is reasonably possible;
e. The method of communication;
f. Making trips;
g. Taking photos and / or videos of the child;
h. The legal liability of the Parent for damage caused by his child. And in addition, in the case of after-school care:
i. The elements listed in Appendix 1 to these General Terms and Conditions, under 5 under h.
3. The Entrepreneur confirms the agreements made during the placement interview in writing to the parent.
ARTICLE 9 - Duration and extension of the Agreement
- The Agreement is entered into for the maximum term of the agreed type of childcare.
2. The maximum period for Day Care lasts until the age at which the child attends primary education.
3. The maximum period for out-of-school care lasts from the age that the child can attend primary education, until the day on which secondary education for the child starts.
4. Contrary to the provisions of paragraph 1, the Parties may agree on a shorter duration of a maximum of one year.
5. After expiry of the Agreement entered into in accordance with paragraph 4 for a shorter duration than the maximum period, the Parties may extend the Agreement. Extension does not take place automatically.
6. An extension of the Agreement is agreed in Writing.
ARTICLE 10 - End of the agreement
- The Agreement ends by operation of law by the expiration of the term included in the Agreement.
2. In addition, the Agreement ends due to (interim) termination by one of the parties.
3. The Entrepreneur is only authorized to cancel the Agreement on serious grounds. The following are considered to be compelling reasons:
a. The situation that the Parent is in default for one month with regard to his payment obligation;
b. Continuation of situations as referred to in Article 11, paragraph 2, under a and c;
c. The situation referred to in Article 11, paragraph 2, sub b;
d. The circumstance that the Entrepreneur is no longer able to execute the Agreement due to a cause that is not attributable to him;
e. A business necessity that endangers the continuity of the location where the child is placed.
4. Termination takes place by means of a motivated written statement addressed to the other party
with due observance of a notice period of one month, in the event of cancellation by the Parent;
b. with due observance of a reasonable period, which is at least one month, in the event of cancellation by the Entrepreneur;
c. with immediate effect in the event of cancellation by the Entrepreneur pursuant to Article 10, paragraph 3 under a.
5. The Parent's payment obligation continues during the notice period. The cancellation period starts on the date on which the Parent or the Entrepreneur has received the cancellation notice. The statement is deemed to have been received on the date of the postmark on the envelope of the cancellation letter, on the date of the e-mail with which the statement was sent or on the date on which the electronic statement was sent, unless the statement states a later date is mentioned.
6. Other than by the expiry of the agreed term and other than by cancellation, the Agreement ends with immediate effect in the event of the death of the child.
ARTICLE 11 - Accessibility
- The location where the child is placed is, in principle, accessible to the child as long as there is agreement between the Entrepreneur and the Parent.
2. The Entrepreneur has the right to refuse the child and / or the Parent access to the location for the duration of the period during which normal childcare cannot reasonably be expected of the Entrepreneur and the child cannot be expected in the usual way can be collected. For example because:
a. The child is in need of extra care due to illness or otherwise;
b. The child and / or the Parent poses a risk or threat to the mental and / or physical health or safety of others, after being warned, unless a warning cannot reasonably be expected from the Entrepreneur;
c. Childcare disproportionately increases or hinders normal childcare for other children.
3. If the Entrepreneur refuses the child and / or the Parent access to the location, the Entrepreneur will consult with the Parent to find a solution that is acceptable to all Parties for the situation.
4. If the Parent does not agree with the decision in Article 11 paragraph 2 to refuse access and the consultation with the Entrepreneur has not led to a solution, he can submit this decision to the Disputes Committee with the request that the dispute be shortened process as referred to in the Regulations of the Childcare Disputes Committee.
5. The Entrepreneur may not cancel the location during the abridged procedure.
ARTICLE 12 - Mutual obligations
- Parties jointly ensure an adequate exchange of information about the child.
2. The parties transfer the responsibility for the child to each other in the following manner:
d. In Daycare: the parent is responsible for bringing the child and the Entrepreneur in the collection, until the time that the parties can reasonably assume that the transfer of responsibility has actually taken place.
e. For After-school care: the way in which the child comes to and leaves the After-school care determines the transition of responsibility for the child. Parties make written agreements on this.
ARTICLE 13 - Obligations of the Entrepreneur
- Under the Agreement, the Entrepreneur is obliged to provide childcare under the agreed conditions.
2. The entrepreneur guarantees that:
a. The childcare that takes place under its responsibility:
• corresponds to the applicable laws and regulations;
• is carried out in accordance with the requirements of good workmanship and using sound material;
b. A childminder childcare that falls under his responsibility is suitable for responsible childcare, in terms of both personnel and material facilities. A further regulation of the way in which the Entrepreneur fulfills his obligations referred to in Article 13, paragraph 1, is set out in Appendix 1. This Appendix forms an integral part of these General Terms and Conditions.
3. The Entrepreneur takes into account the individual wishes of the Parent to the extent that this is reasonably possible.
ARTICLE 14 - Obligations of the Parent
- The Parent reports details of a medical nature or in the development of the child already at the registration.
2. The Parent is responsible for ensuring that the Entrepreneur has all information that is important for the accessibility of the Parent.
3. The Parent adheres to the rules that apply within childcare.
4. The Parent refrains from any behavior that aggravates the implementation of the Agreement on the part of the Entrepreneur and ensures that his child also abstains from this.
5. The Parent brings and collects the child on time and ensures compliance with this obligation by others who bring and collect the child on his behalf.
6. The Entrepreneur records the authority of others than the Parents to remove the child from the Childcare in writing if the Parent so requests.
7. The Parent pays the Entrepreneur in accordance with the agreements made about this and within the payment period, or at least bears responsibility for this.
ARTICLE 15 - Amendments to the Agreement
- The Entrepreneur has the right to unilaterally change the Agreement for serious reasons. Important reasons are in any case a change in legislation and regulations or business-economic circumstances that endanger the continuity of the location where the child is placed.
2. The entrepreneur will announce changes to the Agreement in time, with a minimum period of one month.
3. In the event that the change to the Agreement leads to a substantial change to the Childcare to be provided, the Parent has the authority to terminate the Agreement from the day the change comes into effect.
ARTICLE 16 - The price and price change
- The price that the Parent must pay for the childcare is agreed in advance.
2. The Entrepreneur is authorized to adjust, including increase, the agreed price after three months after the Effective Date. The Entrepreneur will announce such price changes in advance. The price change does not start before one calendar month, plus one week after the announcement.
ARTICLE 17 - The payment / Late payment
- The Parent pays on the basis of a Written invoice and payment date stated on the invoice at the latest. A possible appeal to a deposit is equivalent to a payment. The invoice is provided free of charge.
2. If a Parent pays to a third party designated by the Entrepreneur, this is considered a liberating payment for the Parent. The designation by the Parent of a third party who is responsible for making payments does not preclude the Parent's liability for (timely) payment.
A possible payment by a third party for the Parent does count as a liberating payment by that Parent.
3. In the absence of full and timely payment, the Parent is legally in default.
4. The Entrepreneur sends a Written payment reminder after the payment date has expired and gives the Parent the opportunity to pay within 14 days of receiving this payment reminder. In addition, the Entrepreneur warns the Parent in this payment reminder about the Entrepreneur's cancellation authority pursuant to 10 paragraph 3 sub a. This payment reminder must be sent at least 14 days before the date on which this authority arises.
5. If, after the expiry of the period stated in the payment reminder, payment has still not been made, the entrepreneur will charge interest from the expiration of the payment date stated in the invoice. This interest is equal to the legal interest.
6. Extrajudicial costs incurred by the Entrepreneur to enforce payment of a debt from the Parent can be charged to the Parent. The amount of the extrajudicial collection costs is subject to legal limits.
7. A payment made firstly serves to settle the costs and interest due and then to settle the oldest outstanding debts.
ARTICLE 18 - Applicable law and competent court
- Dutch law applies to the Agreement.
2. The competent Dutch court is competent to judge the Agreement, notwithstanding the competence of the Disputes Committee, as referred to in Article 20, to take cognizance of a dispute referred to in that article.
ARTICLE 19 - Complaints procedure
- Complaints about the implementation of the Agreement must be submitted to the Entrepreneur in Writing, fully and clearly described. The Parent must submit the complaint within a reasonable time after he has discovered the defect in performance or should reasonably have discovered it, whereby a complaint is timely within two months of discovery.
2. The Entrepreneur handles the complaint in accordance with its internal complaints procedure. When drawing up or changing this procedure, the Parent Committee has advisory rights in accordance with the provisions of the Childcare Act.
3. If the complaint cannot be resolved amicably, a dispute will arise that is subject to the dispute settlement procedure of Article 20.
ARTICLE 20 - Dispute settlement and the legal complaints procedure for childcare
- Disputes between Parent and Entrepreneur about the formation or implementation of the Agreement can be submitted by both the Parent and the Entrepreneur to the Disputes Committee for Childcare and Preschools for Children, Bordewijklaan 46, Postbus 90 600, 2509 LP The Hague (www.degeschillencommissie.nl) ).
2. A dispute will only be handled by the Disputes Committee if the Parent first submitted his complaint to the Entrepreneur.
3. If the complaint does not lead to a solution, the dispute must be submitted to this committee within 12 months of the date on which the Parent submitted the complaint to the Entrepreneur, in writing or in another form to be determined by the Disputes Committee.
4. If the Parent submits a dispute to the Disputes Committee, the Entrepreneur is bound by this choice. If the Entrepreneur wants to submit a dispute to the Disputes Committee, he must ask the Parent In Writing within five weeks whether he agrees to this. In doing so, the Entrepreneur must announce that, after the aforementioned period, he will consider himself free to submit the dispute to the court.
5. The Disputes Committee makes a decision with due observance of the provisions of its regulations. The Regulations of the Disputes Committee are available via www.degeschillencommissie.nl and will be sent upon request. A fee is charged for handling a dispute. The decisions of the Disputes Committee are made by means of binding advice.
6. Only the court or the aforementioned Disputes Committee is authorized to take cognizance of disputes.
ARTICLE 21 - Additions
Individual additions or extensions to these General Terms and Conditions must be agreed in Writing between the Entrepreneur and the Parent.
ARTICLE 22 - Amendment of these terms and conditions
1 These General Terms and Conditions have been drawn up by Brancheorganisatie Kinderopvang. Childcare Association can change and revise its General Terms and Conditions for childcare.
2 The Entrepreneur is entitled to unilaterally change the Agreement in the sense that the most recent version of the General Terms and Conditions of Childcare established by the Childcare Sector Organization is declared applicable to it. By accepting these General Terms and Conditions, the Parent declares that he agrees with such a change.
3 The Entrepreneur informs the Parent In Writing about a change to the General Terms and Conditions.
4 The changes come into effect 1 month and one week after this notification, or at a later date if this is stated in the notification, unless a different legal term is required, which is then applied.
4. In the event that the change to the General Terms and Conditions leads to a material change to the Agreement, the Parent has the power to cancel the Agreement until the day the changes take effect against the day the change comes into effect. .
Further regulation of the entrepreneur's obligations from Article 13 of the General Terms and Conditions for Childcare - Daycare and After-school Care 2016.
The Entrepreneur fulfills his obligations referred to in Article 13, paragraph 2, among other things by ensuring that the company has:
1. A pedagogical policy plan that describes the characteristic way of dealing with children and their parents;
2. Regulations / documents that represent the policy with regard to hygiene, safety, child abuse, medical treatment, illness and privacy;
3. Rules governing the functioning of the Parents Committee;
4. Rules governing the complaints procedure;
5. An overview of, or information on, the following elements of childcare:
type of childcare, options for flexible childcare and any extra services;
b. information regarding the group, the number ratio between group management and the number of children per age category, and the available space;
c. information exchange, form and frequency, including the number of parent meetings that in principle take place per year;
d. the food to be supplied;
e. possibilities for making specific agreements about development, care and nutrition;
f. opening times and days and any required minimum purchase;
g. the times at which the children are received and leave the childcare;
h. in the case of Out-of-school care:
• the possibilities to participate in external activities, for example in the field of sports or music.
• the possibilities for bridging the distance between school and childminder daycare or school and external activity, such as the method of transport, whether or not under supervision.
• the possibilities for bridging the distance between childminder day care and home, or external activity and home, such as whether or not you go home independently.
• the reception during holidays and extra days off from the school.
i. the placement procedure;
j. the nature and extent of the adjustment period;
k. a possible regulation in which the house rules of the childminder are laid down;
l. the current price;
m. the method of payment and any additional costs with different payment methods;
n. the cancellation conditions, including the cancellation costs;
o. the registration conditions, including the registration costs;
p. the applicable cancellation period.