Additional General Terms and Conditions of Partou B.V.
Version January 2017
In addition to the General Terms and Condition for Childcare, Day care and Out-of-School
Care 2016
Article 1 – Applicability
These Additional General Terms and Conditions (the “General Terms and Conditions”) apply to the
products and/or services of Partou B.V. (“Partou”) and apply in addition to the childcare contract (the
“contract”) concluded with the parent(s) (“the contractual parent” or “the parent”) and the General
Terms and Conditions for Childcare, Day care and Out-of-School Care 2016 (the “Sector Terms and
Conditions”).
In case of a discrepancy between the contract and these General Terms and Conditions, the contents of the
contract prevail.
Article 2 – Payment
1.
The annual amount payable is charged in equal monthly instalments, regardless of any fewer care days
enjoyed in the relevant month.
2.
The monthly amount payable and possible additionally purchased products and/or services, as well as
the costs of the payment reminder referred to in paragraph 3 of this article, are debited by Partou from
the account of the parent by means of a SEPA mandate.
3.
In addition to article 17, paragraph 4, of the Sector Terms and Conditions, Partou will offer the parent an
additional payment opportunity by sending a 2nd payment reminder for which Partou will charge €15. If
payment fails to materialise after the 2nd payment reminder, article 17, paragraph 6, of the Sector
Terms and Conditions will take effect.
Article 3 – Cancellation of the contract
1.
The notice of cancellation must be sent in accordance with article 7 of the Sector Terms and Conditions,
in writing or by e-mail, to the Customer Services department ([email protected]). The date of
cancellation will be the date on which the notice of cancellation was received by Partou.
2.
The extent of the cancellation charges depends on the monthly amount owed and the number of months
between the cancellation and the contract commencement date.
Number of months prior to the commencement
Cancellation charges
date
More than 3 months
€0
1 to 3 months
€80
Less than 1 month
The costs of one month of childcare
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Partou B.V.
Article 4 – Contractual parent and parental authority
1.
The contract between Partou and the parents or carers is entered into with one of the parents or carers
of the child (in this article: the ‘contractual parent’).
2.
Departure point of Partou in this is that:
a.
Both parents or carers have parental authority over the child and the contractual parent represents both
parents or carers in the contract. The contractual parent must guarantee that all important matters dealt
with through parental authority are discussed with the other parent or carer;
b.
In the event of a difference of opinion between the parents or carers regarding the childcare at Partou,
the contractual parent, by means of a court ruling or divorce agreement, must demonstrate that the
situation under a. no longer applies;
c.
If it appears that the other parent is not charged with the parental authority over the child, this parent,
by virtue of Section 1:377c of the Netherlands Civil Code, will be entitled to information regarding
“important facts and information concerning the child or its care and upbringing”.
3.
The contractual parent is responsible for ensuring that payment is made in accordance with article 2.
Article 5 – Change and/or termination of the contract
1.
The contract can be fully or partially changed and/or cancelled by the parent in writing or by e-mail only,
by sending a notification to the Customer Services department ([email protected]), with due
observance of a notice period for the change or termination of one month.
2.
If following a change or termination of the contract the parent enjoyed more care hours than he/she
would be contractually entitled to, these additional hours will be charged by Partou. In the event of
changes or cancellations with the parent having enjoyed fewer care hours, previously paid care hours
will not be refunded.
3.
Partou, if so necessitated, will be entitled:
a.
to designate a different establishment for the care of a child;
b.
to combine groups (at a different establishment if necessary);
subject to a notice period of at least one month. In the event of an emergency and/or unforeseen
circumstances, this change can be effective immediately.
4.
If the establishment where the child is looked after becomes part of an Integral Child Centre (ICC),
Partou may be subject to new conditions, as a result of which these general terms and conditions may
be changed by virtue of article 23.
5.
In addition to article 10, paragraph 3, of the Sector Terms and Conditions, compelling grounds for
termination of the agreement by Partou are deemed to include:
a.
the situation where one or both parent(s) or carer(s) lose(s) the authority over the child;
b.
if, in the opinion of Partou, the relationship between (employees of) Partou and the child and/or the
parent is poor, on the basis of which Partou cannot be expected to continue the services.
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Article 6 – Familiarisation and start child
1.
If the child spends time at the nursery prior to the actual contract commencement date, free of charge
and for the purpose of familiarisation, the contract and the general terms and conditions already apply.
2.
The child can be placed in the care of Partou (for the purpose of familiarisation or otherwise), subject to
the signed contract having been received by Partou.
Article 7 – Changes to the additional product and service range or opening hours
1.
In addition to article 15, paragraph 1, of the Sector Terms and Conditions, Partou, for reasons of its
own, per establishment or otherwise, can unilaterally change or terminate the contract with regard to
additional products or services (such as early care, flexible care, care every other week, half-day care
and care up to 3.30pm and transport) and/or opening hours, during the term of the agreement.
2.
As soon as the contract of a product or service purchased by a parent or the opening hours of an
establishment within the meaning of article 7, paragraph 1, are changed or terminated, Partou will be
entitled to notify the parent thereof at the shortest possible term, yet at least one month prior to the
date of change or termination. In that case the parent, if possible, will be offered the opportunity to
convert the contract into other available products or services. If there are no opportunities for
conversion into another product or service, the parent, in accordance with article 15, paragraph 3, of the
Sector Terms and Conditions, will be entitled to terminate the agreement with effect from the day on
which the change takes effect.
Article 8 – Opening and closing times
1.
In principle, the establishments are closed on Saturdays, Sundays and public holidays.
2.
Each day of care, the parent is obliged to pick up the child from the establishment no later than at
closing time, unless the child, on the basis of a (written) arrangement between the parent and the
establishment, may leave the establishment unsupervised.
3.
If the parent fails to comply with the contractual agreed drop-off and collection times, Partou will be
entitled to charge additional costs.
4.
If the school times change, Partou will be entitled to adjust the out-of-school care hours accordingly. The
change in care costs will be confirmed to the parent by means of an appendix to the contract.
Article 9 – Compensation (exchanging days)
1.
If the child is absent following a notification to that end, e.g. due to a holiday or sickness, any unused
care days can, in consultation with Partou, be taken 2 weeks prior to or up to 2 months (irrespective of
the calendar year) after the missed days (‘exchanging’). Exchanging is possibly only if the absence
notification is submitted prior to or on the relevant care day. In the event of day care, the absence
notification must be submitted prior to 9.30am and, in the event of out-of-school care, prior to the usual
out-of-school care commencement time. Unused care days will not be compensated by means of a
financial refund.
2.
Exchanging is only possible as long as the establishment occupancy rate (children or pedagogical staff)
so permits and the exchange is made within the term of the contract.
3.
Days that are not exchanged within the term referred to in paragraph 1 first will lapse.
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4.
If the child is sick for a longer period of time (as evidenced by a medical certificate to be submitted to
Partou by the parent), Partou can grant a maximum sickness leave period of three months. During this
period, the care service cannot be used. In this period, Partou will charge 50% of the rate owed
normally.
5.
Care days that coincide with Dutch public holidays cannot be exchanged and will not be compensated by
means of a financial refund.
Article 10 – Occasional care
Definition:
Occasional care is a service offering care in addition to, alongside or outside the contract. If and as long
as the establishment occupancy rate (children or pedagogical staff), in the opinion of Partou, so permits,
the parent will be able to purchase occasional care. If the parent approves, occasional care can be
arranged within a different group or at a different establishment of Partou.
1.
The rate payable by the parent for occasional care is equal to the current contractual rates.
2.
1. Day care: Occasional care can be purchased by (a) parents in addition to a fixed contract or by (b)
parents without a fixed contract, subject to an intake prior to the care. The rate for the situation under
(b) is equal to the rate of a 40-week contract at the establishment where the occasional care is bought.
2. Out-of-school care: Occasional care can be purchased by (a) parents in addition to a fixed contract or
by (b) parents without a fixed contract during holidays or study days, subject to an intake prior to the
care. The rate for the situation under (b) is equal to the rate of a 40-week contract at the establishment
where the occasional care is bought.
Article 11 – Pre-school, early and extended care
Definition:
Pre-school care is a service offering care prior to the start time of primary school during school weeks.
Early care is a service offering care one or half an hour before normal opening time of the establishment.
Early care combined with out-of-school care is possible only during holiday weeks.
Extended care is a service offering care one or half an hour after normal closing time of the
establishment.
1.
Pre-school, early and/or extended care are not offered at all establishments.
2.
Pre-school, early and/or extended care will be offered if and as long as, in the opinion of Partou,
sufficient children use the relevant service at the same establishment, per care start time.
3.
Early or extended care can be agreed in addition to the contract. Early care combined with day care,
extended care combined with day care and out-of-school care are subject to the same number of weeks
and hourly rates as applicable to the contract.
4.
Pre-school care can only be purchased for school weeks and early care combined with out-of-school care
for the number of holiday weeks the parent purchases.
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Article 12 – flexible care
Definition:
Flexible care is a service offering to purchase an average number of days a week of care per year, in
which the parent, in consultation with the establishment manager, decides when the parent wants to use
these days. If and as long as the establishment occupancy rate (children or pedagogical staff), in the
opinion of Partou, so permits, the parent will be able to purchase flexible care.
1.
The parent must notify the establishment manager of the choice of the desired care days in
writing, no later than four weeks prior to the relevant care week.
2.
Flexible care can be arranged within a different group or at different establishment in the
catchment area. If the child is looked after at a different establishment, the parent will have the
option of allowing the child to familiarise itself at the relevant branch for three hours, free of
charge.
3.
Flexible care at a different establishment is subject to the prior (written) approval from the
4.
The number of care days a parent is entitled to each year is calculated on the basis of a
parent.
calendar year. If the contract commences during the course of the calendar year, the number of
care days is calculated on a pro rata basis.
5.
If all care days have been used, the parent is no longer entitled to care within the flexible
contract. In that case, the parent has the option of purchasing occasional additional days or
extending the flexible contract.
6.
Any care days left at the end of a calendar year lapse automatically. Refund and/or carrying
over care days to a new calendar year is not possible.
7.
Flexible care can only be purchased in the form of a 52-week contract.
Article 13 - Care every other week
Definition:
Care every other week is a service that allows the parent to purchase care every other week. If and as
long as the establishment occupancy rate (children or pedagogical staff), in the opinion of Partou, so
permits, the parent will be able to purchase care every other week.
1.
The above care is, in principle, of a temporary nature and depends on the occupancy rate.
Customers of establishments purchasing care every week take priority over customers who
purchase care every other week.
2.
An every-other-week care contract for out-of-school care can only be purchased in the form of a 40week or 52-week contract.
3.
An every-other-week care contract for day care can only be purchased in the form of a 52-week
contract.
Article 14 - half-day care and care up to 3.30pm
Definition:
Half-day care is a service offering care from opening time until 1pm or from 12.30pm until closing time.
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Care until 3.30pm is a service offering care from opening time until 3.30pm in the case of day care and
from school closing time until 3.30pm in the case of out-of-school care (and from opening time until
3.30pm during holidays).
1.
If and as long as the establishment occupancy rate (children or pedagogical staff), in the opinion of
Partou, so permits, the parent will be able to opt for half-day care and/or care until 3.30pm.
2.
The above care is, in principle, of a temporary nature. Parents at the establishment purchasing full
days take priority over parents who purchase care until 3.30pm and/or care for half days.
3.
Half-day care and care until 3.30pm can be combined with full-day care on other days. For example,
a parent can purchase a full day on Monday and only a morning on Friday.
4.
If the parent fails to comply with the contractual agreed delivery and collection times for half-day
care and care until 3.30pm, Partou will be entitled to charge a full day for this.
Article 15 - 52-week, 48-week and 40-week contracts
Definition:
52-week day care contract: The parent is entitled to 52 weeks of care during the calendar year.
48-week day care contract: The parent is entitled to 48 weeks of care during the calendar year. The 4
weeks during which the parent does not purchase care can be freely spread across the year.
40-week day care contract: The parent is entitled to 40 weeks of care during the calendar year. The 12
weeks during which the parent does not purchase care can be freely spread across the year.
52-week out-of-school care contract: The parent is entitled to care after school during all school weeks.
In addition, the parent is entitled to full day care during all school holidays.
48-week out-of-school care contract: The parent is entitled to care after school during all school weeks.
In addition, the parent is entitled to a number of weeks of full day care during the school holidays. The
number of weeks that the parent is entitled to full day care is 48 weeks, minus the number of school
weeks of the school.
40-week out-of-school care contract: The parent is entitled to care after school during all school weeks.
In addition, the parent is entitled to a number of weeks of full day care during the school holidays. The
number of weeks that the parent is entitled to full day care is 40 weeks, minus the number of school
weeks of the school.
1.
These contracts require the parent to notify the establishment during what care weeks the child will be
absent, subject to a minimum notice period of four weeks. If the parent fails to report the child’s
absence a minimum of four weeks in advance, the child will be scheduled in as being present. If the
child then appears to be absent, this week will still count as a week in which the parent purchases care.
In that case, the day(s) of absence can be exchanged subject to the conditions set out in article 9.
2.
The number of care weeks a parent is entitled to each year is calculated on the basis of a calendar year.
If the contract commences during the course of the calendar year, the number of care weeks is
calculated on a pro rata basis. The care the parent is entitled to must be purchased in whole weeks, with
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the exception of that part of a week that is created as a result of a pro rata calculation, when the
contract starts or ends during the course of a calendar year.
3.
Partou assumes 40 or 48 care weeks during which the parent does not use care for 12 and 4 weeks
respectively. Any care weeks left at the end of a calendar year lapse automatically. Refund and/or
carrying over care weeks to a new calendar year is not possible.
4.
If a parent, at the time of cancellation or change during the course of a year, has enjoyed more care
hours than contractually entitled to, these hours will be charged by Partou additionally. In the event of
changes or cancellations with the parent having enjoyed fewer care hours, previously paid care hours
will not be refunded.
5.
If, at the end of the contract, the parent has any care weeks left and the parent, following on the day
care, takes out a contract for the same number of weeks for out-of-school care, these care weeks will
not be lost. In that case, the parent can use the care weeks that were not used during day care, during
out-of-school care.
6.
Contracts for 40 or 48 weeks cannot be combined, nor can they be combined with a 52-week contract.
Article 16 – Transport to out-of-school care
1.
Partou only collects children from schools which it has made arrangements with regarding transport. If
the contract has been concluded for out-of-school care for a child that goes to a school which Partou
does not have an arrangement with, Partou will not be able to arrange transport. In that case, the
parent must arrange for transport from this school to the out-of-school care, at his/her own expense.
2.
If Partou has made arrangements with a school at such a distance from the out-of-school care that
collecting children on foot or by bicycle is not possible, the establishment will arrange for transport. In
that case, Partou will deploy minibuses, taxis or electric bike taxis (Stint or Go-cab) to transport the
children from school to the out-of-school care.
3.
If the child needs to be transported from school to the out-of-school care with means as referred to in
paragraph 5, i.e. taxi or minibus, there will be a charge. These costs fall outside the scope of the
Childcare Act and do not qualify for childcare allowance. If possible, Partou will try and arrange for
transport without incurring costs on behalf of the parents.
4.
Transport from pre-school care to the school is also possible. Transport costs for pre-school care fall
5.
The parent pays €25 per month, per day, per type of care (out-of-school or pre-school), subject to a
outside the scope of transport costs for out-of-school care and are therefore charged separately.
maximum of €75 per month per type of care for transport by taxi/minibus. The second child and
subsequent children from a single family do not pay transport costs, provided they are looked after at
the same establishment. Partou reserves the right to change these rates by virtue of article 19 of these
terms and conditions.
6.
If during the holidays care is provided at a different establishment, transport to the establishment will
not be arranged by Partou.
Article 17 – Study-day care (only applicable to out-of-school care)
Definition:
Study-day care is a service offering care on study days set by the school at the beginning of the school
year.
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1.
Partou always offers study-day care, regardless of the number of children that use this service. Partou is
entitled to arrange the study-day care at a different out-of-school care establishment than the
establishment at which the parent purchases care in accordance with the contract.
2.
The contract includes a maximum of ten study-day care days per calendar year, which coincide with the
days that the childcare is purchased by the parent.
3.
Partou charges only one study day per calendar year per contract day, regardless of the actual number
4.
This rule applies to study days only and not to timetable constructions (such as a whole day off for junior
of study days that coincide with that contract day.
classes once a month) or other reasons causing a school to close (early).
5.
A charge is payable by the parent with regard to study days that do not coincide with contractual days.
Exchanging a contractual afternoon against a study day outside the contract is not possible.
Article 18 - Service provision
The service provision by Partou includes secondary care (such as food, snacks and nappies) in
accordance with the pedagogical policy of Partou, with the exception of special diets in connection with
allergies. These types of foods are not paid for by Partou and must be provided by the parent when
dropping off the child.
Article 19 – Rate change
The rates for the products and services of Partou are revised annually. The new rates are published on
the website of Partou at least one month plus one week prior to the effective date. Each establishment
has its own rate and product range.
Article 20 – Provision of personal data
1.
In order to enable the Tax and Customs Administration to inspect childcare allowance payments, the
citizen service number of the parent and that of the child must be submitted to Partou prior to the
contract commencement date. The parent is obliged to accurately provide Partou with all personal data
required for the contract (such as name, address and citizen service number), prior to the contract
commencement date. The Customer Service department ([email protected]) must be notified of
any changes in the aforesaid personal data in writing or by e-mail, within one week of the effective date
of the change.
2.
With a view to the childcare allowance payments, the Tax and Customs Administration obliges Partou to
check the identity of the parent and child by means of valid proof of identity. The parent is obliged to
cooperate in such identity checks when asked to do so. It is the responsibility of the parent to produce
proof of identity. If the parent fails to do so, it may have a negative impact on the childcare allowance
and the contract with Partou.
3.
If the parent(s) or carer(s) are obliged to have the childcare allowance paid directly into the bank
account of Partou, parent(s) or carer(s) must produce evidence showing that the childcare allowance is
transferred to Partou.
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Article 21 – Communication with Partou
Agreements between the parties are only legally valid if they have been formed in writing. For the
purpose of these General Terms and Conditions, the definition of the term ‘in writing’ includes by e-mail,
provided that the identity of the sender can be established with sufficient certainty.
Article 22 – Childcare allowance
1.
The parent is personally responsible for the correct and timely application for childcare allowance
through the Tax and Customs Administration.
2.
Once every year, Partou provides an annual income statement for the application of childcare allowance.
Article 23 – Changes to the General Terms and Conditions
Partou reserves the right to change the General Terms and Conditions, as a result of amendments in
legislation and regulations or otherwise. Partou will notify the parent of the change in the General Terms
and Conditions in writing at least one month before the effective date. If the General Terms and
Conditions are changed unilaterally to the detriment of the parent, the latter will be entitled to terminate
the contract on the day when the change takes effect. In the absence of a notice of cancellation, the
parent will be bound by the changed terms and conditions.
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