1.1. Batmaid Belgium manages the Platform which enables Clients to book and pay for a Service (as defined below) to be performed by Batmaid’s Agents in Belgium. In its capacity as employer of the Agents, Batmaid is therefore the provider of Services (as defined below) to the Clients.
1.2. The purpose of these general Terms and Conditions of Sale is to define the conditions of access and use of the Platform, as well as to define the rights and obligations of Batmaid, its Agents and Clients in relation to the Home Service and Additional Services (both terms being defined below) and the use of the Platform. Any User (as defined here below) – whether Clients or Agent – is bound by the present T&Cs.
1.3. In case of modification thereof, Batmaid Belgium shall publish the new T&Cs on its Website (www.batmaid.be) after having notified all Clients per e-mail. During 30 days following the publication, Clients shall be entitled to end their relationship with Batmaid if the new T&Cs do not suit them. Modifications shall enter into force the day following the expiry of the 30 days period and the new T&Cs shall become enforceable, provided the Client has not in the meantime ended the relationship.
The following definitions shall apply to the Terms and Conditions.
Unless the context otherwise commands, terms and definitions in the singular include the plural and vice-versa.
3.1. BY CLIENTS
Any first-time order for Services by a Client requires the creation of a personal account. Prior to ordering Services, Clients are invited to create their own Account and may do so by registering on the Platform:
(i) via the Website, either during the process of booking Services for the first time or at any point by clicking on the "Login" tab; or (ii) via the Application, during the process of booking Services for the first time.
Clients must provide the information necessary to create their Account at the time of their first access, in particular their surname, first name, email address and home address. Furthermore, Clients warrant to Batmaid that they have the power and capacity to create the Account and to use the Services. Clients must therefore be of legal age and have full legal capacity. Furthermore, Clients may only order Services for themselves and/or for the account of a third party. Clients also guarantee that the information provided during the booking process is correct and accurate.
During the process of booking Services and thus creating their Account, Clients undertake to have duly read and to comply with the T&Cs upon giving consent, by ticking the box "I accept the terms of use". Clients are free to accept or refuse the T&Cs. Clients who refuse will not be able to access an Account on the Website. At the time of acceptance and/or at the end of the process of booking Services for the first time, Clients receive an email confirming the creation of their Account.
3.2. BY (CANDIDATE) AGENTS
Candidate Agents may apply to the Platform via the Website, in the section dedicated to Agents.
Upon logging-in for the first time, candidate Agents shall provide the following information to create their Account: title (Mrs., Mr.), surname, first name, email address, date of birth, telephone number, address, desired rate of employment, type of identity document or residence permit, experience, means of transport and CV. Furthermore, candidate Agents warrant to Batmaid that they are of legal age and have full legal capacity and freedom to work on Belgian territory and shall provide evidence thereof, to create the Account and to be employed by a company.
During the Account creation process, the candidate Agents undertake to have duly read and to comply with the T&Cs upon giving consent, by ticking the box "I accept the terms of use". Candidate Agents are free to accept or refuse the T&Cs. Candidate Agents who refuse will not be able to access an Account on the Website (and to become Agents).
Candidate Agents who accept will receive an e-mail confirming receipt of their Application and might be further contacted by Batmaid with the view of a possible employment contract.
3.3. USE OF THE WEBSITE
Users of the Website may download, view or print the content of the Website solely for personal and non-commercial use, with the obligation to preserve and reproduce any copyright or other proprietary notices contained in any information or other material downloaded. Any other use, in whole or in part and by any means whatsoever, including the reproduction, modification, distribution, transmission or dissemination of the content of the Website and any action to allow or facilitate the same, is strictly prohibited, except with the prior written consent of Batmaid.
Batmaid does not in any way guarantee or represent that the use of the content of the Website by its Users will not infringe the rights of third parties.
The contents of the Website, including but not limited to texts, trademarks, logos, diagrams, photographs, videos, audio files, music, layout, drawings, know-how, technologies, products and processes, belong to Batmaid or to the companies belonging to the Batgroup SA group or are used with the permission of their respective owners, and are therefore protected by copyrights, trademarks, patents and all other intellectual or industrial property rights (including, without limitation, any right to apply for the same) existing under applicable law (all rights reserved).
Except as otherwise provided for in the T&Cs, nothing on the Website may be interpreted as granting a licence or a right to use any of its content.
Batmaid continuously develops the features and functionalities of the Platform and of the Services in order to improve their operation and quality.
Batmaid may unilaterally modify the T&Cs relating to the technical aspects of the Platform and of the Services, provided that this does not lead to an increase in price or to a change in quality and provided that the features to which the User has committed remain included in the T&Cs.
In the event that other changes are brought to the T&Cs and/or the Services, Batmaid shall notify the Client by e-mail. If no objection is made by the Client within 30 days following this e-mail notification, the changes shall be deemed to have been read and accepted. However, in the event of objection or refusal by the Client, the Contract shall be immediately terminated and the Client shall cease to use the Platform and the Services, without prejudice to the full fulfilment of the obligations in force (in particular, the Client and Batmaid shall honour the ongoing Services Reservations).
Access to the Platform and Services is reserved exclusively for Users. Each User understands and agrees that he/she is responsible for any access to and use of his/her Account. Except in the event of technical failure attributable to Batmaid or force majeure, Users are responsible for the confidentiality of their connection data and undertake to take all measures to protect their personal login and password (in particular, by choosing a secure password, etc.).
If a User has reason(s) to believe that his/her connection data (in particular, login and/or password) have been lost, stolen, misappropriated or compromised in any way or in the event of unauthorised use of his/her Account, said User must immediately inform Batmaid by email at client@batmaid.be. In such a situation, the User authorises Batmaid to take all appropriate measures to prevent any further access to the User’s Account.
The services offered by Batmaid and provided by Agents at home, which can be purchased by Clients on the Platform or via the Application, are cleaning services (home cleaning) which can include laundry/ironing services but do not include other kind of home assistance such as the preparation of meals and/or grocery shopping.
7.1. BOOKING A HOME CLEANING SERVICE
Client may order a cleaning service for their home by making a Reservation on the Website or on the Application. The Client must enter the postcode where the Home Service is to take place. The Client then further specifies:
(1) the duration of the Home Service (minimum 3 hours), selected manually or by using the duration calculation tool; (2) the frequency of their cleaning (e.g. every week, every fortnight, every four weeks or once); (3) whether there are pets in their home and; (4) whether ironing is to be added to the Home Servic (5) In the need of any extras (e.g. cleaning the inside of the oven, window cleaning additional time for ironing, etc) the additional time needs to be added manually by the client. (6) the date and time wished for the first service.
A Home Service can only be performed during the hours indicated on the Platform or on the Application – i.e. between 8:00 and 19:00 -. In accordance with the applicable legislation, the minimum duration for each Service is 3 hours.
If the Client selects a frequency, the cleaning will automatically be repeated on the same day and at the same time, with the same person. However, unless expressly otherwise provided, Batmaid is entitled to replace the usual Agent by another Agent with equivalent qualifications.
Once the Service is defined, the Client yet: (7) confirms that all the equipment and products needed for the cleaning shall be made available to the Agent; (8) enters the exact address of the cleaning as well as any instruction considered useful in terms of access* and (9) confirms a credit card which will only be used in case of late cancellation
*Keys: If the Client has opted for regular Home Service, it can decide to entrust the Agent with the keys to his/her home, Batmaid recommends Clients to have the Agent sign a statement of receipt (and the Client, a statement of restitution) of said keys. The Client is responsible for making sure that the keys lent to the Agent are given back, as well as for the passing on of the keys to another Agent, in case of replacement. By all means, Batmaid is not liable for the restitution (or non- restitution) of the keys, their loss or the use which would be made thereof by the Agent or any other person.
*Alarm: If the Client’s home is equipped with one or several alarm system(s), the code(s) cannot be communicated to the Agent unless the code provided is specific to the Agent. In any event, the Client is solely responsible for consequences of any communication to the Agent in this respect.
7.2. CONNECTION BETWEEN CLIENTS AND AGENTS
Batmaid does its best efforts to connect its Clients and Agents, i.e. to make an Agent available to any Client placing an order, for the duration and during the period requested. In practice, each Home Service is assigned based on the Agent's assessment on one hand, and based on localisation on the other hand. Once an Agent has accepted a Home Service assignment, it is considered validated. If an Agent does not respond within a certain period of time (which varies depending on the urgency of the Reservation), the Reservation is offered to another Agent until it is accepted by one of them.
Batmaid is entitled to decline a Reservation in case of internal difficulties encountered with respect to the work scheme wished by the Client for the Home Service. In that case, Batmaid and the Client shall try to agree on a different work scheme. If no agreement can be found, the Contract shall be terminated immediately and automatically, without notice or indemnity. In any event, shall Batmaid never be held liable in case a Reservation is declined by Batmaid for whatever reason.
If the Agent covering a recurrent Home Service is absent, Batmaid shall do its best efforts to provide for the replacement of said Agent, availabilities of other Agents allowing.
7.3. WITHDRAWAL AND CANCELLATION OF A SINGLE BOOKING OR FREQUENCY OF CLEANING SERVICE
Clients have the possibility to cancel a Home Service free of charge provided they do so at least 48 hours in advance, by following three steps: (1) Click on My cleaning when accessing your Account; (2) In the Upcoming cleaning section, click on the Other tab of the cleaning service you wish to delete; (3) Click on Delete.
The Agent concerned will be immediately informed of the change. Clients wishing to cancel their entire regular cleaning contract are invited to contact Batmaid by email at client@batmaid.be. For any Home Service cancelled 48hrs in advance (i.e. before the beginning of the Home Service), no cancellation fee will be charged, as stated above. For any Home Service cancelled less than 48hrs in advance, the Client shall be charged the equivalent of one hour's cleaning at the real value of a voucher, equal to the highest exchange value at Sodexo at that time unless the cancellation is made after 18:00 on the day before the Home Service. In that latter case, the Client will be charged the full price of the reserved Home Service at the real value of a voucher, equal to the highest exchange value at Sodexo at that time.
Clients may modify or cancel the recurrence of the Service at any time without charge, provided that the modification or cancellation is made 48 hours before (the beginning of) the next reserved Home Service. If the recurrence of the Service is modified or cancelled less than 48 hours prior to the next reserved Service, cancellation charges as set out in the previous paragraph shall apply.
7.4. COURSE OF PERFORMANCE
At the end of a Service, the Client may rate the Agent's performance through a rating system on the Platform or in the Application.
8.1. PRICE OF THE SERVICES
Batmaid sets the price of the Services. The cost of each particular Service appears on the Platform. The Customer shall pay for the Services by the SODEXO Voucher system. The Service can only be paid through the same SODEXO Voucher system of his home address, i.e. Brussels SODEXO Service vouchers for cleanings in Brussel.
8.2. PAYMENT OF THE SERVICES
Home Service are paid by the Client through the SODEXO Voucher system. Services can only be paid with electronic service vouchers. The vouchers have to be purchased from SODEXO, the issuing company that manages the cheques on behalf of the government. The Agent registers their services on the day of the service through the Sodexo system.
8.3. LATE PAYMENTS AND PENALTIES
In case of non-payment of service vouchers, Batmaid will remind the client via email. If no payment follows this reminder, Batmaid reserves the right to charge the equivalent value of the cleaning. This value is equal to the hours worked multiplied by the highest exchange value of a SODEXO service voucher at that time, plus a penalty clause and interest.
In case of non-payment of an invoice issued by Batmaid, a legal interest shall be due as well as a penalty equivalent to 10% of the total amount invoiced. Moreover, Batmaid shall be entitled to suspend the execution of the Services, without notice, until full payment is completed.
All formal demands, reminder fees (min. €25) and amicable recovery fees shall be at the Client’s charge.
Batmaid commits to make its best efforts to render the Platform and the Services available to Users and to do its best to ensure their accessibility and proper functioning.
In this respect, Batmaid undertakes to ensure that the Platform and the Service reservation tool are accessible 24 hours/day, seven days/week, except in cases of force majeure or unforeseeable and insurmountable behaviour by third parties, and except for breakdowns and maintenance or updating operations necessary for the proper functioning of the Platform and the provision of the Services (without prejudice to the points set out in Article 10: Limited liability of Batmaid).
Batmaid makes a support service available to Users, to answer their questions and provide them with assistance in the event of difficulties. For any question or request for information concerning the Platform and/or the Services, Users may contact Batmaid by sending an email to the following address: client@batmaid.be.
In the event of a malfunction or anomaly interrupting the proper functioning of the Platform or of the Services, Batmaid undertakes to do its best to restore the situation.
10.1. WITH RESPECT TO THE PLATFORM
Users acknowledge and accept that when accessing, using, exploring and browsing the Website, they do so under their own responsibility.
Users acknowledge and accept that, to the extent permitted by applicable law, Batmaid, its affiliated companies in Belgium and abroad, their directors, officers, employees, agents or shareholders, any other party involved in the creation, production or delivery of the Website, shall not under any circumstances be liable for any direct or indirect damage including damage to reputation, or relating to costs, losses, loss of turnover or profits (even if the occurrence of such damage was known or could have been known to the company or one of its affiliates), which may result from the User's access to, use of, or inability to use the Website or its content.
All documents downloaded or obtained by any other means during the use of the Website are the sole responsibility of the User, whether the User is a Client, an Agent or an ordinary visitor. Furthermore, Batmaid shall not be liable for temporary difficulties or impossibilities of access to the Platform, the Account or the Services if these are due to User error, circumstances beyond its control, force majeure, or interruptions in telecommunications networks or limitations inherent to the operation of an Internet service.
Batmaid reserves the right to interrupt or suspend all or part of the functionalities of its Website in case of inappropriate behaviour, such as racist comments.
Batmaid Belgium SRL, or any company belonging to the Batgroup SA group, shall accept no liability for any interruption or suspension of all or part of the functionalities of its Website resulting from actions or omissions of Batmaid, its affiliated companies or third parties, except in case of gross negligence or wilful misconduct.
10.2. LOSS AND THEFT
Although Batmaid shall make its utmost efforts in the selection of and the support to the Agents which shall deliver the Home Service to the Clients, it cannot be held liable in any way in case of theft or loss of any object and/or cash money. Also, Batmaid canot be held responsible for any cash amount, values or objects which a Client would entrust an Agent with.
In case of suspicion of theft, the Client must inform Batmaid and file a complaint with the police, as soon as possible.
Clients are invited to file for an insurance policy covering the risk of theft with their own insurance company.
11.1. COMMITMENTS COMMON TO ALL USERS
The User expressly undertakes to:
Users expressely undertake not to:
Each User understands and agrees that the following is strictly prohibited:
11.2. CLIENT COMMITMENTS
The Client expressly undertakes:
Users are responsible for the use they make of the Platform and of the Services. They are namely liable for any damage caused by their behaviour in that context, including any inaccurate, incomplete and/or misleading information provided upon registering or failure to update this information, the consequences of which are their sole responsibility.
More specifically, Users are responsible for:
The T&Cs are in force for an indefinite period of time and come into effect from their acceptance by the User (see Articles 3.1. and 3.2).
14.1. Batmaid Belgium SRL is covered for professional liability with Van Dessel insurance brokers.
14.2. In addition, Batmaid also covers proven damage in the Client's home. A photo or detailed description of the damage must be notified to Batmaid by e-mail within 48 hours of its occurrence. For damages indeed proven (i.e. for which a causal link with the Cleaning could be established), Batmaid’s liability insurance intervenes up to 650 Euro. Please note that failing to have received a photo or detailed description within 48 hours of its occurrence, Batmaid shall decline all liability for the damage claimed.
Regarding the risk of theft, Clients are invited to seek cover with their own insurance company, as stated in Article 10.2.
15.1. DATA PROTECTION
The data of all Users will be treated in accordance with the applicable privacy regulations (including GDPR and the Belgian law of 5 September 2018 regarding data protection) and as defined in detail in the Privacy Policy, available in the respective section of the Website.
Therefore, for any question with respect to your personal data, or if you wish to exercise your rights of access, rectification, opposition or suppression for legitimate reasons (as further detailed in the Privacy Policy), please contact our Data Protection Officer at the following e-mail address: client@batmaid.be.
15.2. CAMERA SURVEILLANCE AT THE CLIENT’S RESIDENCE
If the Client’s residence is equipped with camera surveillance, whether outside or inside thereof, the Client shall have to comply with the applicable legislation, including the Belgian law of 21 March 2007 regarding installation and use of surveillance cameras.
In that case, the Client must inform Batmaid of the presence, at his/her residence, of surveillance camera(s), within 10 following acceptance of the present T&Cs or within 10 days of the acquisition of such camera(s) during the execution of the Contract.
Within the same deadline, the Client shall justify the use of cameras in the Agent’s workplace, and provide proof that all applicable legal provisions have been complied with. Failing to comply with the above deadline and/or the applicable legal framework, the Client shall not be allowed to activate the camera(s) (filming mode) during the Agent’s performance.
These general Terms and Conditions are governed by Belgian law, including the rules pertaining to service vouchers (“titres-services” / “dienstencheques”).
In the event of any dispute that may arise between the User and Batmaid, the policy preferred by Batmaid - where possible - is the policy of "amicable settlement" through neutral, fast and inexpensive means for the parties. Users encountering problems are cordially invited to write to client@batmaid.be in order to seek an amicable resolution of any dispute arising between the User and Batmaid.
In case of litigation, provided attempts to find an amicable solution have failed, the French speaking Courts of Brussels shall be territorially competent.