Terms and Conditions
Article 1: General terms and conditions
The Nanny Club B.V. is located at Sportstraat 53-2, 1077 TT Amsterdam and manages the website or platform www.thenannyclub.com. By means of the platform, the user can search, find and book a flexible nanny online, assess and pay online. The service provider is a private individual who provides flexible babysitting services under the Home Service Regulation. The user is requested to read the information on the Service at Home Scheme carefully. This information can be found at the bottom of the website under ‘Regeling dienstverlening aan huis’. After reading this information, the user is expected to be able to assess whether the conditions under which this regulation applies, will also apply to the possibly to be booked flexible babysitter. Any consequences of the non-application of this Scheme shall be for the account and risk of the User. The user agrees with the User Terms and Conditions, has concluded a User Agreement with The Nanny Club and has submitted a booking request via the platform. The Nanny Club itself does not offer any babysitting services, but is only a provider of the online platform.
Article 2: The platform
The Nanny Club facilitates exclusively through the platform the conclusion of service agreements between user and babysitter. In this context, The Nanny Club acts as authorised representative for the sitter. Through The Nanny Club, the sitter receives babysitting request(s) and is expected to accept them as much as possible. The Nanny Club confirms booking requests to the user. The Nanny Club does not judge whether or not a booking request from users is accepted by the sitter.
The Nanny Club does not guarantee in any way that:
1. The Platform will operate uninterrupted, free of viruses, trojans and other errors and/or defects, and that any defects will be corrected;
2. Third parties will not use the Platform or the systems of The Nanny Club illegally; and
3. A Nanny will obtain a minimum number of Nanny Agreements through the Platform.
The User enters into 2 (two) agreements:
1. A User agreement with The Nanny Club concerning the use of the Platform by accepting the general terms and conditions applicable to the User. By registering online and by joining The Nanny Club, the User declares his acceptance of the general terms and conditions.
2. An assignment agreement for the performance of a babysitting service with the babysitter. This is concluded by the user and the sitter. On the babysitting agreement between the sitter and the user, these general terms and conditions apply.
Article 3: Formation of the babysitting agreement (assignment agreement)
1. The Nanny Agreement between the User and the Nanny is an agreement with elements of work and employment relationships under the applicability of the Home Service Regulations. The parties to the agreement are exclusively the user and the childminder. The user has a claim against the childminder to the performance of the childminder’s service, as follows from the user’s booking request. The childminder shall have a claim against the User for payment from the time that the agreed childminder service is completed. The payment shall always include the 8% holiday allowance per annum payable in accordance with the Home Service Regulations, sick leave and statutory holidays accrued by the childminder.
2. A babysitting agreement comes into effect as follows:
a. If the user makes a request via the platform, The Nanny Club will look for a suitable babysitter that matches the wishes of the User.
b. After submitting the booking request, the user will receive a message via The Nanny Club about a suitable babysitter, this message is not yet an acceptance of the booking request.
c. The booking request of the user is sent by The Nanny Club to the selected sitter.
d. If a sitter indicates to The Nanny Club that he/she accepts the offer, by ‘accepting’ the booking request and ‘agreeing’ to the Sitter Agreement, The Nanny Club will, on behalf of and with the authority of the Sitter, forward this acceptance with an order confirmation by telephone or e-mail to the user (“order confirmation”).
e. When the booking is ‘accepted’, the user will receive information about the agreed babysitting address / date / time / expected duration of the babysitting service and details of the babysitter (relevant babysitting profile data) who will be providing the service.
3. If the search module on the platform does not produce any results when the user makes a booking request, then it is not possible to conclude a Babysitting Agreement.
4. Acceptance or rejection of a booking request will be communicated by The Nanny Club to user usually within 12 hours for a regular booking and within 6 hours for a last-minute booking.
5. The Nanny Club reserves the right to cancel the babysitting service with immediate effect, or to withdraw when there is a compelling reason for cancellation.
Article 4: Subject of the Babysitting Agreement
1. The babysitting service under this agreement consists of the babysitting service booked by the User via the platform and accepted by the Babysitter.
2. The Babysitter shall perform the Babysitting Agreement in its own manner and responsibility, taking into account the provisions of the Babysitting Agreement.
3. User shall provide the Babysitter with all required information and assistance to perform the Babysitting Service. User shall ensure that she has made all necessary preparations before the start of the babysitting service. This applies in particular to details concerning the children (e.g. illness, allergies, diet) and the access to the home where the service will take place.
4. The babysitting service shall start from the booked time or from the time the babysitter arrives or from the time agreed on (at a later time).
5. The duration of each babysitting service shall be agreed in advance.
The babysitting service starts as follows:
– The start time starts automatically from the booked time. If the babysitting service starts earlier or later than booked, the starting time can be changed. This is always done in consultation with the sitter, who informs The Nanny Club. The babysitting service ends by ending the babysitting service in consultation with and with the consent of the childminder.
– The starting and/or ending time can be changed. The babysitting service can for instance be started later or earlier in consultation. Changes to the babysitting service times are always made with the agreement of the childminder.
6. The total babysitting time may differ from the booked babysitting time. The babysitting duration booked is indicative. If the babysitting period changes (also during babysitting), this is immediately communicated to the babysitter and to The Nanny Club, so that it can be processed in the administration.
7. The babysitting service is considered to be fulfilled and accepted, in the sense of the Nanny Agreement, when the user has not reported a possible shortcoming in the fulfilment of the babysitting service to The Nanny Club immediately and at the latest within 24 hours after completion of the babysitting service.
8. Erroneous payments or other shortcomings must be reported as soon as possible to The Nanny Club via email@example.com or during office hours +31655881179.
Article 5: Probationary period for regular babysitters
1. If user and babysitter agree to babysit on fixed days, a probationary period of one month shall apply. Within this month, User and/or Babysitter are free to terminate the babysitting agreement. After the trial month, the babysitting agreement becomes definitive for a fixed period, with a notice period of 1 month. User and babysitter must comply with this new agreement in accordance with all the provisions of the general terms and conditions.
Article 6: Price and payment
- After completion of the agreed babysitting service by the babysitter, the User shall be obliged to pay the price via the agreed payment method (monthly invoice).
- The user pays the price to the nanny for the agreed hours and also to The Nanny Club with debt discharging effect for the user;
- The Nanny Club sends a monthly overview of the babysitting dates and hours.
Article 7: Cancellation and Termination of a babysitting service
- A babysitting service can only be cancelled by cancelling the booking via The Nanny Club, by email and/or by telephone.
- Cancellation of the babysitting service booked is free of charge up to 24 hours before the babysitting service starts, for instance to choose another period or babysitter or to renounce the booking completely.
- If the user cancels within 24 hours before the start of the babysitting service, The Nanny Club will charge the user on behalf of the babysitter. These costs will add up to an amount equal to half of the agreed daily rate, with a minimum of 3 hours. The minimum hourly rate equals the hourly rate of the first hour of the babysitting service.
- The Nanny Agreement can be terminated earlier during the duration of the service. The Nanny Club will charge the parent for at least 3 hours on behalf of the sitter.
- The user can consult with The Nanny Club when there is a compelling reason. The Nanny Club will determine if there is a compelling reason and possibly decide to refund the cancellation fee (or part thereof).
- The Nanny Agreement ends when the service has been completed.
Article 8: Last minute booking of a nanny
- A last minute booking can be made by user when a nanny is needed within 24 hours. A last minute booking is made by mail and/or by telephone.
- For a last minute booking an extra charge of €5, – (euro) per hour applies on top of the normal hourly rate.
Article 9: Liability
- The childminder shall perform the babysitting service booked by the user to the best of its ability, exercising due care towards the user, its children and/or third parties. Should the user suffer any damage due to any shortcoming in the implementation of this babysitting agreement, the babysitter shall, however, only be liable to the user for the damage suffered by the user and/or the children’s service in case of intent or gross negligence on the part of the babysitter. Any liability of the childminder vis-à-vis the user, his/her children and/or third parties for damages arising from or related to the implementation of this agreement, is limited to the amount that is or may be paid by its insurer in the relevant case under the liability insurance policy(s) taken out by the childminder, failing which (for whatever reason) the damages shall amount to no more than three times the value of the babysitting service booked in the relevant case.
- The Nanny Club only has a mediating role and can in no way be held responsible for material and/or immaterial damage for which the sitter can be held responsible, of whatever nature.
- The user and the babysitter are themselves responsible for taking out insurance against legal liability and accidents.
Article 10: Other provisions
- It is not permitted to approach a nanny of The Nanny Club personally outside of The Nanny Club for booking or continuation of a babysitting agreement. When approaching a nanny outside of The Nanny Club, the user will be immediately blocked from the platform and will not be able to make any further babysitting agreement. The nanny has signed a penalty clause when joining The Nanny Club, this penalty will be recovered from the nanny when entering or continuing a babysitting agreement.
Article 11: Applicable law, jurisdiction and right to amend
- Dutch law shall apply to the Babysitting Agreement.
- In case of disputes between the sitter and The Nanny Club, these will be presented and settled by the court in Amsterdam.
- Should one of these provisions prove to be null and void for whatever reason, this will not affect the validity of the remaining provision(s) in these general terms and conditions.
- The Nanny Club has the right to change these terms and conditions for the sitter from time to time.
Article 12. Regulation service at home – Dutch law: “Regeling dienstverlening aan huis”
Our nannies are not employed by The Nanny Club. Every nanny who is placed with a family through The Nanny Club enters into an agreement in which the nanny excludes being employed. The Nanny Club only works as a mediation platform between the nanny and the family. Also with the family the nanny is not directly employed when working under this regulation. The nanny provides services on the basis of the home service arrangement. For the families this regulation means that when the babysitter works under this regulation, no premiums or taxes have to be paid. The general statutory provisions under the Regeling Dienstverlening aan Huis apply regardless of the nature of the agreement.
What does this mean for you as a nanny?
Depending on your total annual income you have to pay income tax on the amount you earn by babysitting. When you do your tax return, you fill in the wages you earned by babysitting under ‘other activities’. This is the total yearly income you have earned by babysitting with a family through The Nanny Club.
It’s important you research the legal and tax requirements for having or working as a nanny in the Netherlands. The Nanny Club is an agency that connects families with nannies. The provision of this information cannot be regarded as (legal) advice or any other service outside the scope of The Nanny Club.
For more information about the regulation service at home see the heading: ‘Legal: Regeling dienstverlening aan huis’.