TSU Media Plan UG haftungsbeschränkt operates and manages the Babysitter online booking portal www.withourbaby.com (hereafter the "Website"). On this Website, users (hereafter "Parents") can book service providers for childcare services ("Services" or "Childcare" or "Babysitting"). Service providers are independent contractors who act on self employed basis.
Withourbaby.com does not provide childcare itself and only provides appointments between parents and caregivers. For the placement of the various childcare offers, withourbaby.com receives a commission from the Parents.
Parents submit booking requests for childcare appointments with experienced childcare providers (hereafter "Babysitter") by submitting a booking request for a Babysitter in the database. When the chosen Babysitter accepts the booking request, the booking is confirmed.
1) Upon registering as a Babysitter on the website withourbaby.com, the Babysitter is subject to approval of withourbaby.com. Once approved, the Babysitter is registered as service provider in childcare and as Babysitter in our database and has herewith agreed to the Terms & Conditions of withourbaby.com.
2) Performance of booked service:
The Babysitter agrees to complete the service
-With the best possible skills of caregiving and use of his/her skills and experience in childcare
-Take all necessary steps and efforts to avoid accidents
-Take all necessary steps and efforts to avoid any damage on the parents`property
-Deliver the Babysitting service in accordance with the parents`instructions and wishes
-Contact us immediately if he/she has any doubt about how to manage a situation, e.g. when the child is sick or any other unforeseen circumstance may occur.
3) The Babysitter agrees to perform the following tasks:
All services which Babysitters are usually performing, including caregiving to one or more children as agreed upon, playing, feeding, giving drinks and bottles, changing diapers, picking up children from school or daycare when necessary and more.
The Babysitter agrees to keep busy and use the childcare service time in the best possible and reasonable way and can, upon agreement with the parents, also help in the household, perform easy and not heavy household services like shopping groceries, keeping the household in order (e.g. washing dishes and ordinating the living room) or cooking a meal. These tasks are performed only upon free agreement between the Babysitter and the Parents.
4) The Babysitter agrees to be subject of Online Marketing strategies: By subscribing to withourbaby.com as Babysitter, the Babysitter agrees, that withourbaby.com may use the information provided on the portal for Online Marketing purposes in different channels, like Facebook, Twitter, Instagram or other local forums.
5) The Babysitter will act according to the instructions given by withourbaby.com regarding the way the childcare service is performed. Withourbaby.com issues guidelines with subject to how the Babysitter should interact with the child and what not to do with the child to ensure highest level of security and professionalism of our service.
6) Registration of Babysitters:
Withourbaby.com approves every new Babysitter after receiving his/her details, location, qualifications, experience in childcare or related studies, motherhood or similar. The Babysitter agrees to forward a personal identification document and a police certificate issued by the German authorities to withourbaby.com. Furthermore, the Babysitter agrees to take part in personal qualification check it withourbaby.com retains that as appropriate.
If qualification or experience are sufficient and if the Babysitter is approved as caregiver, it is at the sole discretion of withourbaby.com to decide.
7) The Babysitter agrees, that he/she will not directly or indirectly accept job offers or deal in any manner with the clients who have been subject to Babysitter appointments forwarded to him/her by withourbaby.com or who, in any other way, have contacted the Babysitter by Marketing campaigns or the Website of withourbaby.com.
In case the Babysitter should agree to a Babysitter service which came to contract through the appointment of withourbaby.com without using the booking platform or any other offline booking possibility like Email, Phone or Website to book the service but instead by direct booking requests from the Parents to the Babysitter, this is considered as a severe contract breach and cause liquidated damages and is subject to a penalty of 500 Euro to be paid by the Babysitter.
8) Cancellation of the Babysitter
The Babysitter can cancel the Babysitter appointments assigned to him/her until 48 hours before the start of the service without any penality.
The Babysitter agrees, that once he/she has confirmed his/her availability for a Babysitter job and did not cancel with a notice of 24 hours before the service, he/she is liable to execute the service and arrive to the agreed location on time to perform the service or if the Babysitter does not show up for the Babysitting service without notice, withourbaby.com is allowed to bill the Babysitter a penality payment of the whole amount of service for the next 24 hours after the start of the Babysitter service.
9) Liability in case of damage
The respective caregiver is liable in case of willful intent and gross negligence, according to the legal provisions. The same applies to negligently caused damage from the injury of life, body and health. In the case of negligently caused material and property damages, the caregiver is liable only in the event of a breach of a material contractual obligation, but limited to the foreseeable and contract-typical damages.
The childcare service will be conducted at the location agreed upon by parents and Babysitter. That can be the parents`house or apartment, a hotel or any other place as agreed upon.
If the Babysitting is done at the property of the parents, the Babysitter and parents will agree upon the level the Babysitter is allowed to use the property.
The Babysitter will receive a compensation of 9,60 Euro per hour from withourbaby.com for Standard bookings. Regarding emergency bookings, the pay out amount depends on the amount agreed with the Parents. The compensation of the service will be paid out to the Babysitter after the service and usually with a bill in biweekly schedule, one week after the biweekly period, e.g. the period from 1-14th January will be paid out on 21st January. Payment is executed by bank transfer or by Paypal on the account of the Babysitter.