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Founder and owner Anna-Julia Schlemminger § 1 SCOPE OF APPLICATION For all services provided by us as LUYA Kidscorner - owner Anna-Julia Schlemminger - (hereinafter also referred to as "Contractor"), the following General Terms and Conditions apply exclusively in the version valid at the time of conclusion of the contract. § 2 CONCLUSION OF CONTRACT 1. the contract shall be concluded exclusively on the basis of the Contractor's offer by means of an order confirmation from the Client (hereinafter referred to as the "Client"). An offer by the Contractor may be revoked at any time without giving reasons, unless otherwise stated in the offer itself. An order confirmation which deviates from the terms of the Contractor's offer shall be deemed to be a new offer which requires express acceptance by the Contractor. 2. 2. any supplements, addenda, ancillary agreements and amendments to the contract concluded in accordance with § 2 (1) above shall only become effective after express confirmation by the Contractor. § 3 SCOPE OF SERVICES AND PERFORMANCE 1. the contractor shall provide the client with childcare services in accordance with the scope specified in the offer accepted by the client (hereinafter also referred to as the "service"). Insofar as illustrations, photographs or similar are attached to the offer, these are merely examples. The actual scope of the service in accordance with the offer may deviate from these, unless expressly agreed otherwise. 2. the client shall provide the necessary premises and the framework required for the provision of the service. Unless otherwise agreed, this includes the obligation to provide sufficient tables and chairs as well as suitable sanitary facilities on site and to enable proper assembly and dismantling, including the parking facilities required for this purpose. If free parking facilities are not provided by the client, the contractor shall invoice the parking costs incurred accordingly. 3. for closed events with a fixed number of children, e.g. weddings or birthdays, the final number of children between 2-13 years of age must be communicated up to 6 weeks before the event. Childcare for children under the age of 2 is not possible unless expressly agreed otherwise in the offer. 4 The Contractor reserves the right to adjust the provision of the service on site at short notice in an equivalent manner. Such an adjustment may be made in particular due to weather events. In exceptional cases for which the Contractor is not responsible, the Contractor shall be entitled to cancel, restrict or modify the provision of the service in whole or in part or to refuse to provide the service. Such an exceptional case exists in particular if the safety of the children to be cared for cannot be guaranteed or if symptoms of illness occur. In such a case, the Contractor shall inform the Client and the parents of the child concerned without delay. 5. an extension of the care times on site is generally possible, but requires the prior express consent of the contractor in any case. There is no entitlement to the granting of consent. An extension of the supervision times shall be invoiced in accordance with the agreed prices. § 4 OBLIGATIONS OF THE CONTRACTOR 1. the client is obliged to provide all information required for the safe provision of childcare in accordance with the agreed scope of services. This includes, in particular, a precise description of the location, including potential danger spots, as well as the submission of a detailed schedule including all children between the ages of 2 and 13 who are expected to be present. 2. the client shall be responsible for obtaining any official permits required for the provision of the service. The costs for obtaining permits shall be borne by the client. 3. the client is obliged to distribute an information sheet on childcare prepared by the contractor to those parents or guardians whose children are to be cared for by the contractor in accordance with the agreed scope of services before the start of the service provision. The client is aware that the signing of the information sheet and the transmission of information essential for the provision of the service by the parents or guardians of the children to be cared for is a mandatory prerequisite for participation in the care. The information letter will - if requested by the client - be finalized at least 2 weeks before the start of the service provision. 4. the client is aware and shall ensure that the parents or guardians are able to collect the children in their care at short notice at any time. § 5 PRICES The prices specified in the offer apply. § 6 INVOICING / PAYMENT The terms of payment specified in the offer apply. § 7 CANCELLATION 1. the client may cancel the order at any time and without giving reasons. The declaration shall become effective upon written receipt by the Contractor. 2. if the client cancels the contract, the contractor shall lose its claim to the agreed remuneration. In this case, the Contractor shall be entitled to demand reasonable compensation insofar as the Contractor is not responsible for the cancellation. In this case, the Contractor has determined the following compensation lump sums, which take appropriate account of the expected savings in expenses and the generation of other income as well as the expected loss of earnings due to the inability to provide services elsewhere: For the period from the conclusion of the contract to 3 months before the planned provision of services: 25% of the agreed remuneration; For the period from 3 months to 2 weeks before the planned provision of services: 50% of the agreed remuneration; For the period from 2 weeks before the planned provision of services: 90% of the agreed remuneration. 3. we reserve the right to claim higher actual damages. In this case, the above lump sums shall be offset accordingly. The client has the right to prove to the contractor that no damage has occurred or that this is significantly less than the flat-rate compensation listed above. § 8 INSURANCE AND LIABILITY 1 Upon request, it is possible to take out accident insurance for the children to be cared for. In this case, the Contractor shall obtain corresponding offers and submit them to the Client. The costs of taking out accident insurance shall be borne by the Client. 2 The Contractor shall not be liable for damages that do not result from injury to the life, body or health of the child and/or the children in care and are not culpably caused by the Contractor § 9 DATA PROTECTION Your personal data will be treated confidentially and in accordance with the legal requirements (in particular the GDPR). We store and process data required for business transactions exclusively for this purpose. With the exception of cases in which such disclosure is ordered by law, court or official decision, data will only be passed on to third parties with the client's consent. §10 Final provisions and place of jurisdiction 1 The concluded contract is subject to German law. The place of jurisdiction for all disputes in connection with this order shall be Hamburg, Germany, insofar as the agreement of a place of jurisdiction is permissible. 2. should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions. In such a case, the owner and the user undertake to replace the invalid provision with a new provision that comes as close as possible to the invalid provision.

Terms & Conditions LUYA Kidscorner

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