GENERAL TERMS AND CONDITIONS OF COOL LITTLE FAMILY ELIÁŠOVA, z.s. 

FOR A CONTRACT ON PROVIDING CARE FOR AN ASSOCIATION MEMBER’S CHILD

These general terms and conditions (hereinafter referred to as the “GT&C”) establish the rights and obligations of Cool Little Family Eliášova, z. s., with registered office at Eliášova 293/10, 160 00 Prague 6, IČO: 21150958, registered in the federal register maintained by the Municipal Court in Prague under file no. L 78636, (hereinafter referred to as “Provider” or “Little Family”) and a member of Little Family (hereinafter referred to as “Member” or “Guardian”) on the basis of the Child Care Agreement (hereinafter referred to as “Child”) for the purpose of alignment family time and work life of Little Family members (hereinafter referred to as the “Contract”).  

 I. Declaration of the Contracting Parties  

  1. The Provider is a legal entity that can provide services to its members.
  2. The provider runs a daycare for the children of its members on a non-profit basis at the address Eliášova 293/10, 160 00 Prague 6 (hereinafter referred to as the “Daycare”)
  3. The provider takes care of the children of Little Family members who have not reached the age of four.
  4. The daily program is provided by qualified Daycare staff.  
  5. The Guardian declares that he is a regular member of Little Family and fulfills all obligations and requirements associated with membership 
  6. The Guardian declares that they are the parent of the Child, or the Child has been entrusted to their care replacing the parents’ care by a decision of the competent authority and they are interested in placing the Child in the Daycare and using the Little Family services.  

II. Contract

  1. The Guardian declares that, before signing the Contract, he duly completed and handed over to the Provider:
    • Child’s health card filled out by a doctor,
    • information about all persons who are authorized to collect the child from the Daycare
  2. The contract is considered concluded, valid and effective after the Guardian and the Provider agree on the type of attendance and care, including the price module, and sign the contract form.
  3. An integral part of the Contract are: i) the contract form, ii) these general terms and conditions and iii) the price list.
  4. By signing the contract form the Guardian confirms that:
    • they have been given these general terms and conditions, which form an integral part of the Contract together with the form of the agreement, and that they have read and agree to these GT&Cs;
    • they were given the price list, which forms an integral part of the Contract;
    • all information provided by them is complete, true and up-to-date;
    • that they are the legal guardian of the child; or
    • they are the second legal guardian authorized to enter into this contract;
    • agrees to the Child’s participation in all activities offered by the Provider.
  5. The child will attend the Daycare according to the schedule, which the Guardian will notify the Provider in writing upon entering the Daycare (hereinafter referred to as the “Schedule”).

III. Rights and Obligations of the Provider

  1. The Provider undertakes to provide the Guardians and the Child with selected services as agreed in this Contract.  
  2. The scope of services required by the Guardian of the Child is determined by this Contract and the Schedule pursuant to Article II, paragraph 4 of this Contract, while the services under this Contract also include all changes to the scope of services made during the term of this Contract on the basis of written numbered amendments to this Contract, or other written instructions from the Guardian accepted in writing by the Provider (hereinafter referred to as the “Instruction“).  
  3. The start day of the Child’s attendance in the Daycare is arranged on the day specified in the Contract form.
  4.  The Provider undertakes to comply with the Child’s dietary claims only if these claims of the  Child are substantiated and confirmed by a medical report or another document of the same  or similar nature.
  5. During the stay in the Daycare, the Provider’s authorized colleagues are responsible for the  Child
  6. The Provider has taken out liability insurance in the amount of CZK 10,000,000
  7.  If the Child is picked up from the Daycare or handed over to the Daycare (hereinafter referred  to as the “Handover“) by a person other than the Guardian, this fact must be communicated  in writing to the Provider’s colleagues stating the name of the Authorized Person (hereinafter  referred to as the “Authorized Person,” written information concerning the Authorized  Person hereinafter referred to as the “Authorization“). The Provider has the right to verify  the identity of the Authorized Person, or they may refuse to hand over the Child. A written Authorization of the Authorized Person by the Guardian for the collection of the Child is considered an Instruction and is valid only once unless otherwise stated in the Authorization itself. 
  8. The Provider is not entitled to hand over the Child to another person or accept the Child from  another person than the Guardians or persons designated by the Guardians in writing – Authorized Persons.
  9. Authorized colleagues of the Provider accept and hand over the Child to the Guardian or the  Authorized Person within the Daycare premises. A part of the Handover of the Child is the  information on the course of care for the Child and their health condition. The Guardian  hereby expressly declares that they agree to the transfer of information on the course of care  for the Child and their health condition to the Authorized Person during the Handover. The  Provider is not responsible for the information not being exchanged between the Authorized  Person and the Guardian.  
  10. The Provider is not entitled to provide information on residence, progress, health status, or  other information concerning the Child to persons other than Guardians or Authorized  Persons
  11. The Guardian undertakes to observe the opening hours of the Daycare. If the Child-care  service is required outside the Daycare’s opening hours, the Provider charges the same price for each starting hour as for ad-hoc (unplanned) babysitting according to the Price List of  Services.  
  12. The Guardian is responsible for the Child’s safety on the way to and from the Daycare.
  13. If a Guardian or an Authorized Person is present at events organized by the Provider, the Guardian is responsible for the Child.  
  14. The Daycare staff undertakes to provide information about the Child only to the Guardian,  the other parent, and/or the Authorized Person. 

IV. Rights and Obligations of the Guardian

  1. The Guardian undertakes to accept the Provider’s services (the Child’s attendance in the  Daycare) to the following minimum extent:
    • two full days in one calendar week (to avoid any doubt, the parties to this Contract agree  that two full days in one calendar week mean the use of the entire working hours of the  Daycare from 7:30 am to 5:30 pm twice from Monday to Friday in one calendar week); or  
    • three full mornings in one calendar week (to avoid any doubt, the parties to this Contract  agree that three full mornings in one calendar week mean the use of the working hours of  the Daycare from 7:30 am to 12:30 pm three times in the period from Monday to Friday in  one calendar week) (hereinafter referred to as the “Minimum Attendance Length“). In  the event of needing a shorter length of attendance than the Minimum Attendance Length, the Guardian undertakes to pay for services corresponding to the Minimum Attendance Length.  
  2. The Guardian undertakes to notify the Provider of any change in their contact details in writing without delay.  
  3. The Guardian undertakes to inform the Provider wholly and truthfully about the Child’s health conditions and all other important facts concerning or otherwise related to the Child’s stay and activities in the Daycare. The same applies to any change in the Child’s state of  health.  
  4. The Guardian undertakes to ensure that the Child is picked up from the Daycare no later than when the selected service ends. In case of a delayed collection of the Child from the Daycare,  the Guardian is obliged to pay the Provider the price for ad-hoc (unplanned) babysitting according to the Price List of Services for each starting hour of this ad-hoc (unplanned)  babysitting. The price is payable together with an invoice issued for the next month after the ad-hoc (unplanned) babysitting.  
  5. The Guardian agrees to the Handover of the Child or providing information about the Child to any of the Authorized Persons stated by the Guardian in the Contract form.  
  6. The Guardian is obliged to submit any documents required for the proper provision of the Services at any time at the request of the Provider, in their current and updated version issued at the earliest on the date of the Provider’s request or on the date specified by the Provider in its request.
  7. If the Provider requests the Guardian to pick up the Child from the Daycare at any time and for any reason, the Guardian undertakes to pick up the Child from the Daycare without further delay. In such a case, the Guardian is obliged to pay the Provider the price for the unfulfilled hours of childcare according to the order, regardless of the early collection of the Child  from the Daycare.  
  8. A breach of the Guardian’s obligations under this Article of the Contract constitutes a severe breach of this Contract. 

V. Illness, Absence of the Child from the Daycare

  1. The Child is not allowed to stay in the Daycare during the Child’s illness (including colds and coughs). The Provider reserves the right to exclude a visibly ill Child from attendance at the Daycare for a temporary period.  
  2. The Child’s health condition and their current ability to participate in attending the Daycare are assessed by a responsible employee of the Provider. The Provider writes a record of the temporary exclusion of the Child from attendance in the Daycare following the provisions of Article V, paragraphs 1 and 2 of this GT&C, and the Guardian is entitled to a copy of that record. 
  3. In case of finding an existing illness during the Child’s stay in the Daycare, or symptoms of a newly developed illness that manifests itself during the Child’s stay in the Daycare, the  Guardian will be contacted by the Daycare staff with a request for immediate collection of the Child from the Daycare. The Guardian undertakes to ensure the collection of the Child from the Daycare without further delay. In such a case, the Guardian is obliged to pay the Provider the price for the unfulfilled hours of childcare according to the order, regardless of the early collection of the Child from the Daycare.  
  4. For the purposes of this Article of this GT&C, a symptom of the Child’s allergy or food intolerance, a stress reaction, or a symptom of the Child’s mental discomfort shall also be considered an illness if this symptom or reaction prevents the Child’s further stay in the Daycare, regardless of whether this the symptom of an allergy, food intolerance or stress was or was not mentioned to the Provider in advance by the Guardian.  
  5. If the Child or their family member becomes ill with a contagious disease, the Guardian is obliged to inform the Provider immediately. The Provider reserves the right to exclude, in such a case, after consultation with a doctor, for a temporary period from attending the Daycare, even a Child who does not show signs of illness. The report on the temporary exclusion of the Child for the reasons stated in Article V, paragraph 3 of this GT&C also includes a report by the consulting physician with their recommendation.  
  6. Any time, upon request, the Guardian is obliged to submit to the Provider a certificate of the  Child being infection-free issued by the Child’s attending physician.  
  7. The Guardian is obliged to submit a medical report to the Provider after the end of the Child’s  illness. Without submitting a medical report, the Provider is not obliged to end the temporary  exclusion of the Child from attending the Daycare.
  8. The Provider is not entitled to administer medicines or vitamins, or other food supplements  (hereinafter referred to as “Medicines”) to the Child.  

VI. Terms of Service

  1. The Daycare is open on weekdays from 7:30 am to 5:30 pm (hereinafter referred to as the  “Opening Hours“).  
  2. The Provider undertakes to ensure:
    • appropriate management and supervision,  
    • development of the Child’s personality,  
    • education of the Child corresponding to the age and mental and intellectual development of the Child,  
    • language teaching at a level appropriate to the Child’s age and mental and intellectual  development,  
    • respecting the Child’s individuality,  
    • development of motor skills and mobility of the Child  

VII. Prices and Payment terms

  1. The prices of the services provided (hereinafter also referred to as the “Tuition Fees”) are  listed in the Price List of Daycare Services.
  2. The Guardian hereby declares that he has familiarized himself with the current Service Price List before concluding the Contract. 
  3. The provider reserves the right to reasonably change these GT&C and the Price List of Services in the sense of § 1752 paragraph 1 of the Civil Code, in particular it reserves the right to change prices in case of changes in costs, inflation and other economic circumstances. The Provider will notify the Member of this change by sending it to the Member’s e-mail. The change always comes into effect on the 1st of September, unless otherwise specified, and at least 30 days must elapse between the notification to the Member and the effect of the change. If the Member does not agree with the change to the GT&C or the Price List of Services, he can reject the change within 30 days of notification and terminate the contract with a notice period of 1 month.
  4. In the event that the Guardian does not terminate the Contract in accordance with the provisions of Article VII. paragraph 3 of this GT&C, the change in Tuition fees for the Guardian takes effect from 1st of September of the following school year.
  5. At the signing of this Contract (the latest), the Guardian is obliged to pay the Provider a deposit of CZK 5,000 (in words: five thousand Czech crowns, hereinafter referred to as the  “Deposit”), which is to be billed against the last issued Invoice. In case that:
    • this Contract shall be terminated for any reason prior to the commencement of the Child’s attendance at the Daycare; or  
    • the Child will not start attending the Daycare for any other reason; or  
    • the attendance in the Daycare will be terminated prematurely for any reason (especially, but not exclusively, due to the Child’s non-adaptation to the preschool attendance) before the end of the first month of the Child’s attendance in the Daycare according to the Schedule;

      the Deposit or its remaining unspent part will be used to cover the Provider’s lump-sum expenses related to the inclusion of the Child in attendance and with the termination of this Contract and with the termination of the Child’s attendance in the Daycare.  
  6. The Guardian and/or the Provider decide whether the Child has adapted to the attendance in  the Daycare or not. 
  7. The Provider is entitled to use the Deposit against any due invoice or another claim from the  Provider to the Guardian. In such a case, the Guardian is obliged to replenish the Deposit at  the Provider’s request.  
  8. The Guardian pays the Tuition Fees one month in advance on the basis of the ordered hours  and specified in the Invoice issued by the Provider. The Provider will deliver the Invoice to the  Guardian in any of the following ways:
    • by an e-mail to the e-mail address of the Guardian specified in the Contract form,  or to another email address specified in writing by the Guardian; or  
    • by a personal handover against the signature of the Guardian. The Provider is entitled to  give the Invoice to the Authorized Person as well.  
  9. The Invoice is considered delivered at the moment of sending to the Guardian’s email address, or at the moment of written confirmation of receipt of the Invoice by the Guardian or the Authorized Person, or at the moment when the Guardian or the Authorized Person refuses to accept the Invoice.  
  10. In the event that the e-mail address specified by the Guardian proves to be non-functional, or  that the Invoice cannot be delivered to the e-mail address specified by the Guardian for any  other reason, the Guardian undertakes to inform the Provider of a new functional address or  eliminate the malfunction of the current email address within 3 (three) days after receiving the information that the Invoice could not be delivered to the current email address. If this deadline is not met, the Invoice is considered delivered on the day of the first attempt to send the Invoice to the current email address of the Guardian.  
  11. The Invoice is issued without any further delay after delivery of the purchase order of hours  (services) to the Provider and payable no later than the 14th day of the month in which the  order of hours (services) is made.  
  12. In case of a delay in the payment of the Tuition:
    • The Provider has the right to suspend the service provision until the payment of the  Invoice.  
    • If the service continues being provided by the Provider, the Guardian pays for the service as an ad-hoc (unplanned) babysitting according to the Price List of Services.  
  13.  In the event of a delay in the payment of the Tuition Fees or any accessories, including  contractual penalties, the Guardian undertakes to pay the Provider an interest on arrears in  the amount of 0.05% of the amount due for each day of delay.  
  14.  Proper payment of the Invoice means crediting the amount stated on the Invoice to the  Provider’s bank account specified in the Contract form on the due date stated on the Invoice.
  15. In the case of an ad-hoc (unplanned) babysitting, the Guardian pays the price according to the  Price List of Services for unordered (unplanned) babysitting.  
  16. In the case of a late departure of the Child from the Daycare, late arrival of the Child to the Daycare, babysitting after Opening Hours, the Guardian pays the price according to the Price  List of Services for an ad-hoc (unplanned) babysitting.  
  17. In the event of an interruption of the Child’s attendance from the Daycare in the middle of the  planned month, the Guardian is obliged to pay the Provider the service price for the entire  planned month. 
  18. Interruption of attendance:
    •  In the case of an interruption of the Child’s attendance to the Daycare in the period from the 1st September to the 30th June inclusive, the Guardian undertakes to pay the Provider an amount corresponding to the average monthly price of the services paid by the Guardian for each month started, during which the Child’s attendance at the Daycare is interrupted 
    • In the event of an interruption of the Child’s attendance to the Daycare in the period from the 1st July to the 31st August inclusive, the Guardian undertakes to pay the Provider an amount corresponding to 65% of the average monthly price of the services paid by the Guardian for each month started during which the Child’s attendance at the Daycare is interrupted.  
    •  In the event of an interruption of the Child’s attendance in the Daycare during the period of notice pursuant to Article VIII, paragraph 2, letter b) of this GT&C, the Guardian undertakes to pay the Provider an amount corresponding to the average monthly price of the services paid by the Guardian for each month started during which the Child’s attendance at the Daycare is interrupted.
    • In the event of an interruption of the Child’s attendance to the Daycare due to force  majeure, the Guardian undertakes to pay the Provider an amount corresponding to 50%  of the average monthly price of the services paid by the Guardian for each month started.
      • Force majeure is considered to be, but not limited to, the closure of the Daycare  due to state regulations, quarantine, lockdowns, interruptions of the services to  the Daycare (water, heat, etc.), hygienic reasons, strikes, armed conflicts etc. In particular, illness or quarantine of the Child or members of the Child’s family and relatives is not considered force majeure. Illness or quarantine of the Child or of the family and relatives is always governed by the provisions of Article VII,  paragraph 18, letter a) or letter b) of this GT&C.  
  1. A failure to meet the Child’s attendance in the Daycare is considered a failure to meet the  length of hours according to the Schedule announced in advance to the Provider by the  Guardian for any reason in a way that the Child attends for fewer hours than the length  announced in advance in the Schedule.  
  2. The average monthly price of the services paid by the Guardian is considered to be the  arithmetic average of invoices issued in the name of the Guardian for the last twelve (12)  immediately preceding calendar months. If the Child has not visited the Daycare for twelve  (12) consecutive calendar months prior to the interruption of their attendance, the average  monthly price of the services is calculated from any previous twelve (12) calendar months. If  the Child has not visited the Daycare for a period of twelve (12) months prior to the  interruption of their attendance, the average monthly price of the services is calculated from all months during which the Child attended the Daycare.  

VIII. Duration and Termination of the Contract

  1. The Contract is concluded for an indefinite period.  
  2. The Contract may be terminated:
    • by a written agreement of the parties;  
    • by a termination notice from either contracting party without giving any reason, with a  two-month notice period, and with that period beginning to run on the day following the  date on which the termination notice is received by the contracting party;  
    • by the Provider’s decision to exclude the Child from attending the Daycare due to the Child’s non-adaptation to attending the Daycare;  
    • by a withdrawal from the Contract by the Provider in the cases of a gross breach of the  Contract by the Guardian. The following, in particular, but not exclusively, is considered to  be a gross breach of the Contract by the Guardian:
      • a breach of any obligation of the Guardians specified in Article IV. this GT&C; 
      • a Guardian’s delay in paying the Tuition Fees or any accessories, including  contractual penalties, for a period longer than 30 calendar days;  
      • a violation of Article III, paragraph 4 of this GT&T by the Guardian;  
      •  a breach of the Guardian’s information obligation pursuant to Article V, paragraph 5  of these GT&C;  
      • a repeated, i.e., at least three times in the course of 6 (six) months, exclusion of the  Child from attending the Daycare for any reason; 
      •  a non-Deposit or non-completion of the Deposit according to Article VII. paragraphs  6 and 8 of this GT&C, not even at the request of the Provider.

        A withdrawal from the Contract shall take effect on the day of delivery of the withdrawal  from the Contract to the Guardian.
    • by the Member’s termination for an increase in the price of services by the Provider in accordance with Article VII, paragraph 3
  3. In the event of a pre-payment of the Provider’s services for an extended period (advance  payment of services) and in the case of early termination of the Contract for any reason, the Guardian will be refunded the remaining amount of the advance payment after deducting all due invoices, interest on late payments, contractual penalties and justified additional costs of  the Provider related to the early termination of the Contract. 

IX. Payments and Due-date Interest on Late Payment

  1. In the event that any payment or part thereof is not paid when due, the Guardian will be charged interest on late payment at the statutory rate
  2. In the event of any payment of any sum by the Guardian to the Provider, the Provider is entitled to record this payment first on the interest on late payment, then on any other  obligations of the Guardian to the Provider, and only lastly on the oldest outstanding Tuition Fees.  
  3. The Guardian is not entitled to count any of its claims on the Provider against their obligations to the Provider.  The Provider is entitled to sell this claim in the event of the Guardian’s delay in paying the  Guardians’ obligation to the Provider for more than 90 days.  
  4. The Guardian is not entitled to sell any of its claims to the Provider.  

X. Final Provisions

  1. These General Terms and Conditions and the Contract is governed by the law of the Czech Republic.
  2. All disputes arising from contracts to which these General Terms and Conditions apply will be finally resolved by the general courts of the Czech Republic.
  3. These GT&C are effective from 20.1.2024

Price list for the provision of childcare for a member of the association 

Uniform rates for the provision of daycare. 

  1. Regular babysitting at the Daycare

  1. Ad-hoc (unplanned) babysitting
Children from 12 months of age 
Weekly visitsAll Daymorning 
5 22 000 CZK 17 000  CZK 
4 19 300 CZK 15 000 CZK 
3 15 800 CZK 12 200 CZK 
2 11 400  CZK –
Children under 12 months of age
Weekly visits All day morning 
5 26 300 CZK 20 400 CZK
4 23 200  CZK 18 000 CZK
3 18 900 CZK 14 700 CZK
2 13 700 CZK –

When paying for a whole semester, September-January, or February-August: 4% discount on the Tuition Fee. From the age of one, the daily rate is charged for a full-day food plan of CZK 143 and CZK 117 for a morning food plan

  1. Ad-hoc (unplanned) babysitting
    • CZK 275 for each hour started. The price is payable with the Invoice issued for the month  following the ad-hoc (unplanned) babysitting.
  2. Individual babysitting outside of the premises and the operating hours
    • 275 CZK for each started hour of babysitting. The price is payable with the Invoice issued  for the month following the babysitting.
    • CZK 330 for each hour of babysitting and housework started. The price is payable with the  Invoice issued for the month following the babysitting.  
    • In the event of the babysitting finishing between 0:00 am, and 7:00 am, the client is  obliged to pay transport fee for the employee to the place of their residence.  
  3. V případě péče o dítě do 1 roku věku, je účtovaná sazba pravidelného hlídání navýšena o 20 % pro pokrytí dodatečných nákladů. Pro účely výpočtu ceny hlídání je rozhodný věk dítěte k prvnímu dni v kalendářním měsíci, za který je účtováno.

This Price List is Valid from 19.1.2024