Terms and Conditions

The terms written with a capital letter below shall have the meaning described below in these General Shelter Conditions:

  1. Applicability
    1. These General Childcare Conditions apply to the conclusion and execution of the Childcare Agreement(s) between the Parties.
    2. If one or more provisions of these General Terms and Conditions of Accommodation are wholly or partly void (or voidable) or unenforceable, the remaining provisions shall remain in force. In that case, the parties shall consult with each other to agree on replacement provision(s) which most closely approximate the original provision.
    3. If Little Guests does not consistently require strict adherence to the Agreement, this does not mean that its provisions are not applicable, nor that Little Guests would forfeit the right to require strict adherence to the provisions of the Agreement in other instances.
    4. Agreements made by a Parent with the staff of Little Guests shall not bind Little Guests unless confirmed in writing by Little Guests.
  2. Offer
    1. When Little Guests decides to make an offer after receiving the application from Parent, this offer will contain all relevant information about the childcare service and these General Terms and Conditions of Care will form part of it. The offer can be made in writing.
    2. The offer is based on information received from the Parent. The Parent warrants that they have provided all necessary information to Little Guests in a timely and correct manner.
    3. Little Guests cannot be held to an offer if the Parent can reasonably understand that it contains a mistake or typographical error.
    4. The offer is irrevocable during the response period. With the expiry of the response period, the offer lapses.
    5. The terms from the offer do not automatically apply to future Agreements.
  3. Formation of Agreement
    1. The Agreement is concluded when the Parent accepts Little Guests' offer in writing, by signing the contract. These General Conditions of Care form part of the Agreement and apply between the Parties from the moment the Parent accepts the offer. The date on which the acceptance is received by Little Guests shall be the Effective Date of the Agreement.
    2. Little Guests confirms receipt of the acceptance in writing.
    3. Agreements between Parties outside of the Agreement are only valid if they are laid down in writing.
  4. Recall
    1. The Customer has the right to terminate the Agreement within fourteen days after it has been concluded, free of charge and without giving any reason, if the Agreement was concluded remotely (for example, via the internet or post).
    2. In that case, the Parent will receive a refund of the costs paid. If childcare has already been received, the Parent will receive a refund of the costs paid, less the costs related to and proportional to the childcare received.
    3. The Parent may terminate the Agreement within the meaning of paragraph 1 above by declaring this unequivocally to Little Guests.
  5. Placement interview
    1. Prior to the commencement of Childcare, the Parent shall provide, via the registration system used by Little Guests, all data necessary for the proper and responsible care of the Child. This shall include, at a minimum, the personal details of the Parent and Child, including the required social security numbers, as well as all other information relevant to the daily care, supervision, and development of the Child. The Parent shall ensure that this information is complete, accurate, and up-to-date.

      During the intake interview, an extensive mutual exchange of information takes place. The Parent will provide all general and specific points of attention that are relevant for the care of the Child, such as daily routines, eating habits, health status, medication use, developmental aspects, and any temporary special circumstances. The individual wishes of the Parent will also be discussed, and Little Guests will indicate the extent to which these wishes can reasonably be accommodated. In addition, agreements will be made regarding the method of communication between the Parties, taking the Child on outings, taking and sharing photos and videos of the Child, and the Parent's liability for damage caused by the Child.

      If the Child uses Out-of-School Care, the possibilities regarding participation in external activities will also be discussed during the intake interview, the manner in which the Child travels the distance between school, Little Guests or an external activity, including transport and supervision, and care during holidays and additional days off school.

      During the intake interview, the Little Guests employee ensures that the Parent is fully informed about the working methods, educational policy, safety and health policy, house rules, and all other relevant Little Guests procedures. The Parent will also be directed to places where additional or up-to-date information can be consulted.

      The Parties acknowledge that correct, complete and timely information exchange is essential for safe and responsible Childcare. The Parent is responsible for providing and keeping up-to-date all relevant information about the Child and the family situation, while Little Guests is responsible for providing all relevant information about its methods and childcare arrangements. Both Parties shall jointly ensure that they always have the information necessary for childcare to take place in a careful, transparent and safe manner.
  6. Contractual custodian and parental authority
    1. The Contracting Party is responsible for the full and timely payment of childcare costs, as described in Article 16 of these General Childcare Conditions.
    2. The Contracting Parent shall liaise with the other Parent regarding childcare matters in a manner consistent with the division of their parental authority. To the extent required, the Contracting Parent warrants that the Agreement has been entered into with the explicit consent of the other Parent.
    3. If consent is found to be lacking, Little Guests shall give the Contracting Party the opportunity to reach an agreement with the other Parent on how to continue the Agreement. If the Contracting Party does not reach an agreement with the Parent within a period of one (1) month, Little Guests will terminate the Agreement with due observance of a notice period of one (1) month.
  7. Duration, extension and termination of the Agreement
    1. A Day Care Agreement is entered into until the day the Child turns 4 years old, unless otherwise agreed in writing. The After-School Care Agreement can be entered into from the moment the Child attends primary education and until the day the Child attends secondary education, unless otherwise agreed in writing.
    2. The Agreement terminates:
      • ipso jure by the expiry of the agreed term;
      • (interim) termination by a Party;
      • ipso facto in the event of the death of the Child.
    3. The Parent may terminate the Agreement at any time, subject to a notice period of one (1) month. The notice period shall commence on the date Little Guests has received the termination.
    4. Little Guests is permitted to terminate the Agreement on grounds of a serious reason. In any event, serious reasons include:
      • in the event that a Parent is in default of their payment obligation to Little Guests for one (1) month or longer, in which case the Agreement shall terminate with immediate effect;
      • in the event that one or more of the cases referred to in Article 12.1 of these General Reception Conditions occurs;
      • in the event Little Guests is unable to properly perform the Agreement due to a cause not attributable to it;
      • in the event of a business-economic necessity, which endangers the continuity of the location where the Child is placed;
    5. During the notice period, all obligations under this Agreement shall continue to apply. The notice period shall commence on the date on which the Parent or Little Guests has received the notice of termination, unless a later date is specified in the notice. Clauses in the Agreement that by their nature are intended to remain in effect even after the notice period has expired shall remain in effect between the Parties.
  8. Performance of contract
    1. Little Guests will provide the Childcare under the agreed terms and conditions. In the performance of the Agreement, Little Guests shall exercise the care of a good contractor. Little Guests shall have the freedom to organise the Childcare in its own discretion.
    2. Little Guests will take into account the Parent's individual wishes as far as this is reasonably possible.
    3. The parties shall jointly ensure adequate information exchange about the Child.
    4. The Parent undertakes to inform Little Guests without delay of any (changes regarding) medical or developmental particulars of the Child – insofar as these have not already been reported at registration.
    5. The Parent shall ensure that Little Guests has access to all data relevant to the Parent's whereabouts.
    6. The Parent shall comply with the rules applicable at the Little Guests locations, follow all instructions from Little Guests staff, and refrain from any behaviour that impedes Little Guests' performance of the Agreement.
  9. Contract days
    1. In the Service Agreement, "Little Guests" and "Parent" are the Contract Days on which the Child can use Childcare, as agreed. The Child may be dropped off and collected by the Parent at any time within Little Guests' opening hours on Contract Days.
    2. If the Child is unable to attend Little Guests on one or more Contract days, for example due to illness, the Parent is obliged to report the Child absent in good time beforehand, either by telephone or by marking the Child as ‘absent’ in the App. In such a case, the Parent may request another day from Little Guests as a replacement for the missed Contract day(s). The offering of replacement days is entirely at the discretion of Little Guests. The Parent is not entitled to catch up on missed days for the Child. No claim arises for (a) Swap day(s).
    3. If the Child is to be collected by a third party designated by the Parent, Little Guests may require that written consent be granted in advance by the Contractual Party.
    4. The Parent may request Little Guests to make structural changes to the Contract Days. The change will take effect two (2) months after Little Guests has agreed to the change. Little Guests reserves the right to refuse a change request if its availability prevents such an assignment.
    5. Notwithstanding the opening and closing days stipulated in the Childcare Agreement, Little Guests may determine additional opening and/or closing days for (one of its) location(s). Little Guests shall announce any additional opening and/or closing days relevant to the Parent in advance. If the additional closing day(s) result in the cancellation of Contract Days, Little Guests shall determine the number of Credit Days the Parent will receive in return.
  10. Extra days
    1. Parents can arrange for extra days of care (outside of the agreed contract days). Parents must submit a written request for this to Little Guests in good time beforehand. Extra days of care will be provided subject to availability and payment of an additional fee.
  11. Building days
    1. Credit days are determined and registered annually by Little Guests in the online parent portal. The number of Credit days is equal to the number of the Child's Contract days per week, plus four additional days to compensate for closure during the Christmas holidays. These four additional days are allocated to all Parents, regardless of the number of Contract days per week.
    2. Credit days can be used:
      • In the case of Day Care, during the opening hours of Little Guests;
      • in case of Out-of-School Care, from the end of the Child's school day until Little Guests' closing time.
    3. In case of unexpected absence of the Child, for example due to illness, the Parent may request a Swap Day to be used in the same calendar week as the unexpected absence.
    4. Swap days/Credit days are offered by Little Guests exclusively as an additional service and do not constitute an enforceable right to care on a specific day. All requests for swap days will be granted based on availability and capacity within the relevant group. Little Guests cannot guarantee that requested swap days will be honoured, as they are bound by legal regulations, including the leader-child ratio and other safety and quality standards. Swapping days is a facility offered reasonably by Little Guests, without any obligation to actually provide care on the desired day. Not all days of absence can therefore be swapped.
    5. An approved Exchange Day cannot be exchanged.
  12. Accessibility
    1. The location where the Child is placed is in principle accessible to the Child. Little Guests has the right to deny the Child and/or the Parent access to the location, as long as normal care for the Child is impossible or cannot reasonably be expected of Little Guests, for example because:
      • the child requires additional care due to illness or other reasons;
      • the Child and/or the Parent poses a risk or threat to the mental and/or physical health or safety of others;
      • the care for the child is disproportionately burdened and/or the care for the child disproportionately burdens or hinders the normal care for the other children.
    2. If Little Guests denies the Child and/or the Parent access to the location, Little Guests will consult with the Parent to seek a solution to the situation that is acceptable to both Parties.
    3. The Parent has the right to submit the decision to deny access to the Disputes Committee, requesting that the dispute be handled according to the expedited procedure as referred to in the Disputes Committee's regulations, after consulting with Little Guests. During the expedited procedure, Little Guests may not terminate the Agreement.
  13. Exceptional closure
    1. Little Guests reserves the right to close the care facility, in whole or in part, in the event of insurmountable reasons, including but not limited to: force majeure, serious safety risks, technical malfunctions, outbreaks of illness, or other circumstances that make responsible care impossible.
    2. If Little Guests cannot meet the legal requirements for safe and responsible childcare due to an acute or structural staff shortage, care may be temporarily refused in whole or in part. This exclusively concerns exceptional situations in which the continuation of care is not justifiable.
    3. When not all children can be accommodated, Little Guests uses the following order:
      Cancellation of extra days
      Cancellation of exchange days
      These days will be cancelled first to ensure regular care as much as possible.
    4. For cancelled extra days or swap days, parents will receive a credit day, which can be used within the period determined by Little Guests.
    5. If parents do not wish to make use of the credit day mentioned in paragraph 4, they may request a refund of the amount already paid relating to the cancelled extra day or swap day. Little Guests will refund this amount within a reasonable timeframe, provided that the request is submitted in writing.
    6. Closure or refusal of reception.
    7. The regular school closure days covered by the BSO contract, including holidays and school-designated training days, are an integral part of the agreed-upon childcare. On these days, the Child will automatically be included in the schedule for the entire day. The Parent is solely obliged to deregister the Child in good time if childcare is not used. No additional costs will be charged for these contractually included days.

      Exceptional closures of the school, including but not limited to closures due to weather conditions or the implementation of a tropical timetable, are not covered by contractual childcare. No childcare can be claimed for such days without prior request. In these cases, the Parent must submit a request for additional childcare via the designated online system. Little Guests will decide at its own discretion and solely based on availability regarding the allocation of this childcare, with contractual days always taking priority over additional childcare requests.

      If the school closes earlier or entirely on a contract day and Little Guests agrees to extend the childcare hours, no additional costs will be charged for these extra hours. If the Parent does not have a contractual after-school care day on such a day and requests additional care, the applicable extra hour rates will be applied. These costs will be invoiced to the Parent afterwards.
  14. Access and retrieval
    1. Parents will receive a personal access pass that allows entry to the premises between 07:30 and 18:30. If a Parent arrives after 18:30, the access pass will no longer be valid. The Parent will then need to ring the bell.
    2. The Parent must pick up and drop off the Child during Little Guests' opening hours. If the Child is picked up after 6:30 PM (the parent ringing the bell after 6:30 PM is the indication), Little Guests will charge an additional fee of EUR 10 per quarter of an hour. This fee will be invoiced subsequently. If the Child is frequently (from 3 times in one calendar year) left at the Little Guests' location(s) outside of opening hours, Little Guests will charge an additional penalty of EUR 75.
    3. If the Parent is likely to be late due to force majeure, this must be reported to Little Guests by telephone as soon as possible. Although exceptional situations will be dealt with in understanding, reporting does not exempt from the obligation to pay the extra fee as mentioned in paragraph 2.
    4. The Parent's access pass grants sole access to the Little Guests premises from 07:30 hrs, which is the time when childcare commences and the group rooms are opened. In exceptional circumstances, such as bad weather, Little Guests may grant the Parent earlier access to the premises, but the Parent must then remain in the lounge until 07:30 hrs. Until the aforementioned time, the group room remains closed and access to the group may be denied, as childcare is not offered before 07:30 hrs and no responsibility can be accepted for the Child.
  15. Liability
    1. Throughout the term of the Agreement, Little Guests shall maintain an accident and public liability insurance policy with customary cover for its own liability. However, any liability of Little Guests shall be expressly limited to the amount that is actually paid out under Little Guests' insurance in the relevant case.
    2. For all other cases, any liability of Little Guests is expressly limited to EUR 100,000, unless the damage is the result of wilful misconduct or conscious recklessness by Little Guests.
    3. At Day Care, the Parent is responsible for the Child when dropping them off, and Little Guests are responsible for the Child when picking them up, until the point where Little Guests can reasonably assume that the transfer of responsibility has taken place.
    4. At Out-of-School Care, the Parent is in principle responsible for the Child until the moment the Child arrives at Little Guests. Responsibility for the Child reverts to the Parent from the moment the Child leaves the group or outdoor play area of Little Guests in accordance with the agreements made between the Parties. The Parties may agree on a different risk allocation in writing beforehand, for example, if the way the Child visits and leaves the Little Guests location gives cause for this.
    5. Little Guests accepts no liability whatsoever for the loss, damage, or any other way in which personal property brought into the childcare by the Parent or Child may be lost. This includes, but is not limited to, items of clothing, toys, accessories, and electronic devices. For After-School Care, it is expressly stated that mobile phones and other electronic equipment are not permitted in the group room and must be stored by the Child in their bag in the hallway. Although this hallway is equipped with CCTV, Little Guests cannot take responsibility for the disappearance, damage, or unauthorised use of such property. Little Guests strongly advises the Parent not to bring any personal belongings that are not strictly necessary for childcare, as the risk of loss or damage remains entirely with the Parent.
  16. Amendments to the Agreement
    1. Little Guests is entitled to unilaterally amend the provisions of the Agreement, as well as the General Reception Conditions that form part thereof. In such a case, Little Guests shall inform the Contract Holder in writing in advance of the proposed amendment(s). The amendment(s) shall take effect one (1) month after this notification, unless stated otherwise.
    2. If an amendment leads to a material change in the rights and obligations of the Contractual Party under the Agreement, the Contractual Party shall be entitled to terminate the Agreement on the day on which the amendment(s) take effect.
  17. Invoicing
    1. The parties shall agree on the price of childcare in advance in the childcare agreement.
    2. The Parent pays a fixed amount per day for each Contract day, regardless of the number of hours the Childcare is used. The average hourly rate, based on full Contract days, is stated in the Care Agreement. This hourly rate is purely indicative and does not affect the fixed daily rate payable by the Parent. The Parent is therefore not entitled to a refund or discount if the Child uses the Childcare for fewer hours than the available hours on a Contract, Swap, or additional day.
    3. If the Parent receives or wishes to receive childcare allowance within the framework of the Agreement with Little Guests, the Parent is solely responsible for correctly reporting the childcare hours that entitle them to childcare allowance, in accordance with the requirements set by the Tax Administration. Little Guests shall not be liable in any way for (the consequences of) errors in the reporting, changes in (the amount of) the Parent's entitlement to childcare allowance, or (the arising of) repayment obligations.
    4. In case of illness or absence of the Child on a Contract, Swap, or extra day, no discount or refund will be given, and the daily rate remains payable.
    5. For Contract Days falling on a public holiday, the Contract Holder will not receive Swap Days or (financial) reimbursement.
    6. The Parent shall pay the invoices no later than the due date stated on the invoice. In the event of non-payment or late payment, the Parent shall be in default by operation of law. After the due date has passed, Little Guests shall nevertheless send a payment reminder and will attempt to collect payment again 3 working days later.
    7. Following this collection date, Little Guests will nevertheless send another payment reminder and ask the Parent to manually transfer the outstanding amount within 5 days.
    8. If payment is still not received after this period, as mentioned in the payment reminder, the Parent shall also owe Little Guests the statutory interest from the final payment date on the invoice.
    9. Little Guests shall further, within the legal limits, be entitled to claim reimbursement from the Parent for the (extra)judicial collection costs incurred if the collection of its claim against the Parent is necessary.
    10. A (part) payment shall first serve to satisfy the costs and interest due, and then to satisfy the longest outstanding debts.
  18. Tariff change
    1. Little Guests has the right to unilaterally revise the agreed rates periodically. Price changes will be announced in advance. A price change will not take effect sooner than two (2) calendar months after the announcement by Little Guests. If the price change takes effect within two (2) months of the conclusion of the Agreement, the Contract Holder is entitled to dissolve the Agreement.
  19. Complaints and dispute resolution
    1. Complaints regarding the formation or execution of the Agreement must be submitted to Little Guests in writing, fully and clearly described. The Contract Party must submit the complaint within a reasonable time after he has discovered, or ought reasonably to have discovered, the cause of his complaint, with a complaint submitted within a period of two (2) months after discovery being considered timely in any event.
    2. Little Guests handles complaints in accordance with its internal complaints procedure. When drawing up or amending this procedure, the Parents' Committee has a right of advice in accordance with the provisions of the Childcare Act.
    3. Parties may also submit disputes concerning the formation or performance of the Agreement to the Disputes Committee for Childcare and Toddler Care, Bordewijklaan 46, PO Box 90 600, 2509 LP The Hague, www.degeschillencommissie.nl
    4. A dispute will only be considered by the Disputes Committee if the Contract Holder has lodged a complaint in accordance with Article 18.1 of these General Terms and Conditions for Accommodation, but the Parties have not reached an amicable settlement between themselves. In that case, the Contract Holder may submit the dispute to the Disputes Committee within 12 months of the date of the complaint.
    5. When the Contract Holder initiates a dispute with the Disputes Committee, Little Guests is bound by this choice. If Little Guests wishes to initiate a dispute with the Disputes Committee, they must ask the Contract Holder in writing within five (5) weeks whether they agree to this. Little Guests must then state that after the aforementioned period has expired, they will be free to initiate the dispute with the court.
    6. The Disputes Committee shall issue a ruling in accordance with the provisions of its applicable regulations. The regulations of the Disputes Committee are available at www.degeschillencommissie.nl and will be sent on request. A fee is payable for the handling of a dispute. The decisions of the Disputes Committee are made by way of binding advice.
  20. Applicable law and competent court
    1. The relationship between the Parties shall be governed by Dutch law.
    2. Any disputes arising in connection with this Agreement between the Parties shall be submitted exclusively to the court that is relatively competent in the Netherlands, notwithstanding the jurisdiction of the Disputes Committee, as referred to in Article 18 of these General Accommodation Conditions, to hear a dispute mentioned in that article.