The simplified limited liability company Alpha Omega Au Pair Placement having its registered office at L-1953 Luxembourg and exercising its activity under the business license number: 10096991/0 (hereafter the “Service Provider”);
Any natural person who has made the order or acquires assistance services (hereinafter the “Family”) related to the hosting of au pair candidates (hereinafter the "Au Pair") and the forming of relationship between the Au Pair and the hosting families in accordance with the Luxembourg law of 18 February 2013 regarding the hosting of au pairs in Luxembourg, as applicable today
The Provider and the Family will be collectively referred to as the “Parties”.
It was exposed and agreed to the following.
1.1 These general terms and conditions of sale (hereinafter the "GTCS") shall apply to all services detailed under the Article 3 of these GTCS.
1.2 The Provider reserves the right to modify the GTCS at any time by publishing a new version on the website
http://www.ao-aupair.lu(hereinafter the "Website"). The present applicable GTCS are those being in effect on the date of the signature of these GTCS (or the first payment in the case of multiple payments) when ordering the provision of services.
1.3 These GTCS may be consulted on the Website. The Provider also ensures their clear and unconditional acceptance.
1.4 The Family acknowledges having read and accepted, without restriction nor reservation, all of the GTCS before their order.
1.5 The Family declares to be able to legally contract under Luxembourg laws or validly represent the natural or legal person on behalf of which it has committed.
1.6 Unless it is proven otherwise, the information recorded by the Provider constitutes proof of all transactions.
These GTCS determine the rights and obligations of both parties in the context of the entirety of the services detailed under Article 3.
3.1. The Provider offers a wide range of services accessible only to individuals in order to facilitate the hosting of au pairs within and outside of Luxembourg in line with the Law and the other laws currently in force.
3.2. The Provider offers tailormade assistance services that include many services, independent from one another and which are the following:
· Applicants’ selection refers to the selection process during which the Service Provider selects and proposes potential Au Pairs and/or hosting families in line with a pre-established profile by the Service Provider as determined according to the Au Pair’s and/or the Family’s needs;
· Forming relationships with business partner active in the placement of Au Pairs refers to the process by which the Service Provider selects and forms relationships between the Au Pairs living in Luxembourg and wishing to be hosted in a foreign country with the support of local service providers;
· The control of the Au Pair hosted in Luxembourg refers to the control process of the hosting conditions of the Au Pairs in their respective hosting Family’s home and the execution of the tasks to be performed by the Au Pairs hosted in Luxembourg;
· Training of Au Pairs hosted by the Family refers to the training process of Au Pair candidates related to their integration in Luxembourg and the hosting condition at the Family’s home;
· Arbitration services between Au Pairs and the Family refers to the arbitration process in case of disputes occurring between an Au Pairs and the hosting Family.
4.1. The prices are available on simple request addressed to the Provider:
· by phone at +352 691 504 380
· by e-mail to the following address: firstname.lastname@example.org
4.2. The prices are indicated in euros and include the VAT applicable on the day of the order.
5.1. The Family may place its order with the Service Provider by phone or e-mail.
5.2. Following the placing of the order, the Service Provider will send to the Family a service agreement corresponding to the elements it has chosen and these GTCS.
5.3. The order will be final only when the service agreement and the GTCS will be returned duly dated, signed, mentioning the acceptance of the Family ("agreed and signed") by mail to the following address: [***] and/or after a down payment.
5.4. The GTCS and the service agreement transmitted to the Family by the Service Provider form a contractual whole
Any amendment or resolution of the Family’s order may only be taken into consideration if it has been received in writing (by mail or e-mail) by the Service Provider within a delay of 48 hours prior to the day of the realization of the provision of service described in the service agreement. If the Service Provider does not accept the amendment or the resolution, the down payments will not be refundable.
Once the order is placed and has become definitive for the purpose of the realization of the provision of services, the Family will be able to arrange an appointment with the Service Provider from Monday to Friday from 9am to 7pm, excluding public holidays and the annual closure period.
1. Unless otherwise agreed, the payment for the provision of services will be made in favour of the Service Provider subject to the following conditions:
· The Family must make a down payment of 50% before the provision of services, at least 48 hours before the respective appointment.
· The full amount due must, however, be paid on the day of the realisation of the service provision agreed between the Family and the Service Provider.
The payment for the services may be made in cash (on the date of the realisation of the service) or by bank transfer to the details provided in the service agreement concluded between the Family and the Service Provider. For the avoidance of doubt, credit card payments are not accepted.
When the person honouring (fulfilling) the payment of the price of the service agreed with the Service Provider is different from the Family, the full payment must be made by bank transfer to the Service Provider before the day of the service.
The service provision is valid only once, and if it turned out that the Family is not present on the appointment place at the date and time agreed previously with the Service Provider, the service will be lost permanently, and will not give entitlement, if any, to any refund.
10.1. The Family commits to arrive on time at the appointment agreed previously with the Service Provider and to pay the amounts due and previously agreed with the Service Provider.
10.2. The Service Provider undertakes to make the necessary efforts and to implement the necessary means to carry out the service provision ordered by the Family.
10.3. On the day of his service provision, the Family will not be able to change the content of its previously agreed service, unless the Service Provider agrees otherwise.
10.4. Any waiting time of the Family by the Service Provider will be considered as time entering the service provision ordered previously.
10.5. In the case of the realization of a service provision rendered invoiced to the time spent by the Service Provider, any hour started will be due in its entirety by the Family.
A final invoice is established and issued by the Service Provider for the benefit of the Family as soon as the Service Provider has completed the performance of the service and must be paid in accordance with the terms and conditions described under Article 8 of these GTCS and in the service agreement concluded between the Service Provider and th
12.1. The Service Provider is bound by an obligation of means with respect to the execution of the services as well as the provision of services. Therefore, the Service Provider may not be held responsible for the non-performance of the provision of services previously agreed with the Family due to a case of a force majeure, disruption or total or partial strike including postal services and means of transport and/or communication.
12.2. The Service Provider may not be held responsible for any indirect damage by the Family resulting from the Au Pair during the relationship creation and the hosting of the latter by the Family.
The contact and the GTCS concluded between the Service Provider and the Family may be terminated without judicial formality by the Service Provider if the Family commits a breach of its obligations under the Contract and the GTCS concluded, After the notification under the form of a written notice notified by registered letter with acknowledgement of receipt remaining unsuccessful within fifteen (15) working days from its notification. This provision does not limit or exclude any right to damages for the benefit of the Service Provider.
14.1. The Service Provider is likely to collect personal data concerning the Family and which are the following:
14.2. The personal information collected by the Service Provider via these GTCS are recorded in its files and mainly used for the proper management of relations with the Family and the realization of the services provided under the Agreement (research of suitable Au Pairs, preparation of the hosting file of an Au Pair, follow-up of the Au Pair stay in the Family, mediation services, etc.).
14.3. The information collected shall be kept for a period not exceeding two years, unless:
- A longer period is permitted or imposed by any legal or regulatory provisions;
- The Family has exercised, under the conditions set out below, one of the rights recognized by the legislation currently in force in Luxembourg.
14.4. By the signing of these GTCS, the Family together with its member consent to the collection and use of their data for the purpose of carrying out the service provision previously agreed with the Service Provider.
14.5. The access to the Family’s personal data is strictly limited to the Service Provider’s employees and to those who are entitled to treat them because of their duties. The information collected may be communicated to third parties linked to the Service Provider by contract for the execution of subcontracted tasks necessary for the selection of a potential Au Pair, without the express permission of the Family being necessary. It is clarified that, in the context of the performance of their services, third parties have limited access to the data and have a contractual obligation to use them in accordance with the General Data Protection Regulation of 27 April 2016 applicable from 25 May 2018 (hereinafter "GDPR") on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
14.6. In accordance with the above-mentioned legislation, the Service Provider undertakes not to sell, rent, assign or give access to third parties to the data without prior consent of each Family’s members, unless compelled to do so because of a legitimate motive (legal obligation, combating fraud or abuse, exercising the rights of the defense, etc.).
14.7. Some personal data collected are hosted by Amyma Web Sàrl 14, rue Strachen, L-6933 Mensdorf, Luxemburg.
14.8. The Service Provider is the person responsible for the processing of the personal data collected.
14.9. By the signing to these GTCS, the Family’s members consent to the collection and use of such data for the purpose of carrying out the service provision previously agreed with the Service Provider.
14.10. Every member of the Family shall have, in accordance with the GDPR, a right of access, modification, rectification, the deletion, enforceability and limitations of the personal data concerning it. These rights may be exercised either by mail to the address shown above, or by e-mail to the following address: email@example.com.
15.1. Any reproduction or representation by any means or process and on any medium whatsoever is prohibited.
15.2. The members of the Family attends the services provided by the Service Provider in the capacity of an individual and never in the capacity of a professional in the hosting of Au Pairs.
15.3. It is forbidden for any member of the Family to copy, use, replicate – entirely or partially, directly or indirectly – any know-how whatsoever given by the Service Provider during the realization of its services for the benefit of the Family in the context of the Au Pair’s hosting.
If during the contractual relationship, the Service Provider does not require the performance of one of the provisions of these GTCS, this will not be interpreted as a waiver of the said provision so that the Family may subsequently not invoke the said total or partial non-performance of this provision.
17.1. These GTCS as well as the contractual relations between the Family and the Service Provider are governed and interpreted in accordance with Luxembourg law.
17.2. In the event of a dispute concerning the interpretation or execution of their agreements, the Parties shall seek, before any contentious action, an amicable agreement and shall communicate to each other all the necessary information.
Any dispute relating to the interpretation, execution or breach of contract concluded between the Family and the Service Provider, even in case of multiple defendants, will be submitted to the competent courts.
The Parties acknowledge that they have read and understood all the terms and conditions of these GTCS and have signed them in person.