General Terms and Conditions

Guidelines:

When purchasing one of the available hourly packages, you will receive a confirmation and invoice via email.
We kindly ask you to settle the invoice amount within 14 days.
Under the following link: https://scheduler.es-childminding.eu/, you can specify the exact times when your child should be registered for Childminding.
Log in using your child’s Library ID. The initial password is the email address you used to purchase the hourly package. Please change your password immediately after your first login.
The scheduler account will only be activated after payment has been received (for first-time registration). You are welcome to send a transfer receipt to info@es-childminding.eu so that we can activate the account in advance.
Please enter your child’s scheduled times in the scheduler by Sunday of the previous week, or at the latest 24 hours in advance.
Upon arrival at the childminding service, students will be checked in and checked out upon pickup.
If your child attends childminding without being registered in the scheduler, an extra hour will be deducted from your package for that day.
If your child is registered in the scheduler but does not attend childminding, the scheduled hours will still be deducted from your package.
If no hourly package is available and your child attends childminding, a fee of €8.00 (net) per hour will be charged. If this occurs repeatedly, the fee will increase to €14.00 (net) per hour.
If your child cannot attend childminding due to urgent reasons, please inform us at least 24 hours in advance by sending an email to info@es-childminding.eu.
Only one hourly package can be purchased per child. Multiple children cannot share the same package.
Please ensure that you provide all required information when purchasing an hourly package, as it is necessary for identifying your child.
For invoices that are not paid within the 14-day period, a processing fee of €10.00 will be applied.
Childminding hours after 5 PM will be charged as an additional two hours.

Participation:

Children enrolled at the European School RheinMain are eligible to participate in Childminding and afternoon activities.
External children may also participate in holiday camps.
Only children whose age meets the specified age requirements of the respective activities or camps are eligible to participate.
The number of available places and the minimum number of participants are individually determined with the course leaders for each afternoon activity or holiday camp. If the minimum threshold is not met, the activity or camp may not take place for organizational reasons.
Places are allocated in the order in which registrations are received.
ES Childminding reserves the right to refuse a child’s admission to childminding, activities, or a holiday camp if the available capacity has already been exhausted or if the child’s behavior has repeatedly been deemed inappropriate.
During school and holiday periods, a charge for an additional 2 hours will be applied when fewer than 5 children are present in general Childminding.

Costs and Payment:

Registration is binding. The payment must be made within 14 days of receiving the invoice.
The child’s legal guardians are jointly and severally liable for the payment. The guardians authorize each other to receive all statements related to this contract.
Activities or holiday camps may be closed upon request of the health department or for other compelling reasons. If the closure is caused by the management’s willful intent or gross negligence, the proportionate fee for missed activities/camps will be refunded; otherwise, no refund will be granted. In the event of cancellations of an activity classified as an AG, a make-up session will be offered; refunds are not possible in such cases.
If a child leaves ESRM, 10% of the remaining hours from a purchased childminding hour package will be refunded.
Once a child reaches grade S2 at ESRM, any remaining hours expire, and a refund as per section 4 is no longer possible.

Health Requirements:

To participate in an activity or holiday camp, the child must be free from contagious diseases, rashes, or similar conditions. Furthermore, the child must meet the general health requirements for recreational activities.
In the event of an illness classified as a reportable disease under the Infection Protection Act (IfSG), ES Childminding and the European School RheinMain must be informed immediately.
Current illnesses and/or allergies, as well as any regularly required medication, must be disclosed. If false or missing information is provided, ES Childminding and the European School RheinMain may partially or fully reject responsibility for the child. If these conditions are not met, the child will be sent home at the guardians’ expense and responsibility.
Childminding, afternoon activity, and holiday camp supervisors do not administer medication to children.

Misconduct:

If a participant endangers the well-being of others, makes supervision impossible for the caregivers/leaders, and/or repeatedly violates their instructions, the participant must be picked up immediately by their legal guardians. Additionally, the legal guardians are responsible for any consequential costs resulting from their child’s misconduct.
School rules also apply to childminding, afternoon activities, and holiday camps. In cases of rule violations, ES Childminding reserves the right to exclude the child from childminding, activities, or holiday camps. The termination must be in writing, with text format (e.g., email) sufficing.

Withdrawal from Participation:

Afternoon Activities (AG)

A withdrawal from the binding registration for an AG (“afternoon activity”) is possible up to 1 week before the start without providing a reason.
If the withdrawal occurs less than 1 week before the AG begins, the full amount must be paid. No refund is possible after this deadline.

Holiday Camps

A withdrawal from the binding registration for a holiday camp is possible up to 2 weeks before the start without providing a reason.
If the withdrawal occurs less than 2 weeks before the holiday camp begins, the full amount must be paid. No refund is possible after this deadline. Exception: If non-participation for the entire week is excused with a medical certificate at least 24 hours before the start of the holiday camp, a refund of 50% will be granted.
A refund is only possible before the start of the respective holiday camp. If the child falls ill during the holiday camp, the full camp fee for the corresponding week must be covered by the guardians.

Events

A withdrawal from the binding registration for an event is possible up to 48 hours before the start without providing a reason.
If the withdrawal occurs less than 48 hours before the event begins, the full amount must be paid. No refund is possible after this deadline.

Data Protection:

The legal guardians agree to the storage of their child’s personal data processed by machine for the purpose of childminding.
The guardians grant ES Childminding permission to use image material of their children for the website and brochures.

Additional Agreements:

Additional agreements and changes to the contract and the childminding/afternoon activities/camp conditions must be in writing to be legally valid, with email communication meeting this requirement. This formal requirement cannot be waived orally or implicitly.

Violations of the Terms and Conditions:

Violations of order and discipline or failure to comply with these General Terms and Conditions are the responsibility of the participant and may lead to exclusion from childminding, afternoon activities, or holiday camps at ESRM. In such cases, a refund of fees is excluded.

Insurance Protection:

The legal guardians agree that their child may participate in events outside the facility under the supervision of childcare personnel.
Any damages of any kind caused by participants in childminding, afternoon activities, or holiday camps at ESRM are the responsibility of the participant and their legal guardians.
ES Childminding and the school accept no liability for valuables brought along. The use of electronic devices (mobile phones, MP3 players, etc.) during childminding, afternoon activities, or holiday camps is not permitted.

Severability Clause:

By registering, the legal guardian acknowledges these General Terms and Conditions. If any condition becomes invalid at a later date, the remaining conditions remain unaffected.

General Terms and Conditions for the School Bus Service

1. Provider and scope

These General Terms and Conditions, hereinafter referred to as the “Terms and Conditions”, apply to all contracts concerning the booking and use of the school bus service offered by ES Childminding GmbH.
The provider and contractual partner of the parents or the person making the booking is:
ES Childminding GmbH
Theodor-Heuss-Straße 65
61118 Bad Vilbel
Germany
hereinafter referred to as “ES Childminding”.
The actual transport service is carried out on behalf of ES Childminding by the following subcontractor:
Schlosser Reisen GmbH
Robert-Bosch-Straße 1
61191 Rosbach v. d. Höhe
Germany
hereinafter referred to as “Schlosser Reisen” or the “Transport Company”.
For the purposes of these Terms and Conditions, the “Customer” is the adult who books a place on the school bus for a child. The child registered for transport is hereinafter referred to as the “Child” or the “Passenger”.
The transport contract is concluded exclusively between ES Childminding and the Customer. As a general rule, no separate contract is concluded between the Customer and Schlosser Reisen as a result of the booking.
Any differing terms and conditions of the Customer shall apply only if ES Childminding has expressly agreed to them in text form.

2. Services provided by ES Childminding and engagement of Schlosser Reisen

ES Childminding offers the school bus service to the Customer in its own name and for its own account.
ES Childminding is responsible in particular for:
a. providing the booking system;
b. recording and managing bookings;
c. communicating with parents;
d. managing passenger lists;
e. coordinating routes, stops and service days;
f. processing payments; and
g. commissioning and coordinating the Transport Company.
ES Childminding engages Schlosser Reisen GmbH as a subcontractor to carry out the actual transport service.
Under its own operational responsibility, Schlosser Reisen is responsible in particular for:
a. providing suitable, licensed and roadworthy vehicles;
b. deploying suitable and appropriately qualified drivers;
c. complying with all applicable road traffic, passenger transport, drivers’ hours, working time and insurance requirements;
d. properly carrying out the agreed journeys;
e. ensuring the operational safety of the vehicles used;
f. complying with driving time and rest period requirements; and
g. safely managing the transport-related boarding and alighting of passengers.
Throughout the entire period in which it provides services, Schlosser Reisen must hold all permits, licences, approvals and insurance policies required to carry out the transport service and must provide evidence of these to ES Childminding upon request.
Schlosser Reisen must ensure in particular that:
a. the vehicles used are properly registered, insured, inspected and maintained;
b. the drivers hold all required driving licences, qualifications and certificates;
c. all statutory provisions concerning passenger and school transport are complied with; and
d. adequate business liability, motor vehicle liability and passenger liability insurance is in place.
Schlosser Reisen has undertaken towards ES Childminding to comply with these requirements and to assume operational responsibility for the transport service.
In the event of vehicle breakdowns, capacity constraints or other objectively justified operational reasons, ES Childminding may temporarily or permanently engage another suitably qualified transport company. Customers will be informed of such a change unless it is merely temporary or insignificant.
The European School RheinMain, any parents’ association or any other supporting organisation shall not become a contractual partner of the Customer merely by promoting or supporting the school bus service.

3. Incorporation of the Terms and Conditions and online booking

These Terms and Conditions shall form part of the contract if, during the online booking process, the Customer:
a. is expressly informed of these Terms and Conditions before submitting the booking;
b. is given the opportunity to access, read, download and save the Terms and Conditions in full; and
c. expressly agrees to these Terms and Conditions by ticking the relevant checkbox.
The online booking cannot be completed without the Customer’s express acceptance of these Terms and Conditions.
By ticking the checkbox, the Customer confirms:
“I have read and accept the General Terms and Conditions for the School Bus Service.”
By clicking the final button, for example “Book now – payment required”, the Customer submits a binding offer to enter into a paid contract for the school bus service.
The presentation of the school bus service in the online shop does not constitute a binding contractual offer by ES Childminding.
The contract is concluded when ES Childminding:
a. expressly confirms the booking by email; or
b. begins to provide the booked service.
An automatically generated acknowledgement of receipt initially confirms only that the booking has been received. It shall constitute acceptance of the contract only if this is expressly stated in the message.
The version of these Terms and Conditions made available to the Customer when completing the online booking shall apply.
ES Childminding shall provide the Customer with confirmation of the contract, including the agreed services and these Terms and Conditions, on a durable medium, in particular by email.

4. Personal nature of the booking

The booking is personal and applies exclusively to:
a. the Child specified in the booking;
b. the confirmed route;
c. the confirmed stop;
d. the confirmed service days;
e. the confirmed directions of travel; and
f. the agreed contract period.
A school bus place may be transferred to another child only with the prior consent of ES Childminding.
The Child may use only the journeys that have been booked and confirmed.
Any changes to the route, stop, service days or direction of travel require prior confirmation from ES Childminding.
Verbal arrangements made with the driver do not constitute a binding amendment to the contract.
ES Childminding may reject a booking in particular if:
a. insufficient capacity is available;
b. the intended route is not introduced;
c. the minimum number of passengers is not reached;
d. required information is missing;
e. outstanding amounts remain due from previous bookings; or
f. the safe transport of the Child cannot be guaranteed.

5. Routes and minimum number of passengers

The introduction and continuation of a route may be made dependent on the minimum number of passengers stated in the relevant service description.
If the required minimum number of passengers is not reached, ES Childminding may decline to introduce the route or cancel it before the beginning of the service period.
Any payments already made for transport services that have not yet been provided will be refunded in this case.
Before the booking has been expressly confirmed, there is no entitlement to the introduction of a particular route, stop or departure time.
After the beginning of the school year, a route may be changed or discontinued for objectively justified operational, financial, traffic-related or regulatory reasons.
In the event of a permanent and substantial change that cannot reasonably be accepted by the Customer, the Customer may terminate the contract for exceptional reasons with effect from the date on which the change takes effect.
Any amounts already paid for service periods falling after the effective date of a justified exceptional termination will be refunded on a pro-rata basis.

6. Scope of the transport service

The precise scope of the transport service is set out in the product description and the booking confirmation.
Transport is generally provided only on regular school days shown in the school calendar.
No transport is provided on weekends, public holidays, during school holidays or on other non-school days unless expressly agreed otherwise.
Special events, excursions, holiday programmes, discretionary school holidays, unscheduled early finishes or other deviations from normal school operations are not automatically included in the contract.
There is no entitlement to a particular vehicle, vehicle size, vehicle equipment, seat or driver.
The school bus service does not include individual educational supervision or Childminding services.
The driver cannot provide individual supervision for particular children beyond the transport-related supervision required for the safe operation of the service.

7. Timetable and departure times

Published departure and arrival times are scheduled guide times.
Traffic, roadworks, road closures, weather conditions, traffic accidents, vehicle breakdowns, official measures or other circumstances that cannot be reliably planned may lead to deviations.
Departure and arrival at an exact time cannot be guaranteed.
The Customer must ensure that the Child is ready at the agreed stop at least five minutes before the scheduled departure time.
The bus is not required to wait for children who arrive late.
If the Child misses the bus for reasons attributable to the Customer or the Child, there is no entitlement to:
a. a refund of the transport fee;
b. a reduction of the monthly instalment;
c. the organisation of alternative transport; or
d. reimbursement of private travel or taxi costs.
Where operationally possible, significant delays will be communicated through the designated communication channels.
Continuous, uninterrupted or exact real-time information is not part of the agreed service.
Information provided by any location or tracking system that may be offered is non-binding and does not constitute a guaranteed departure or arrival time.

8. Changes to stops, routes and times

In consultation with Schlosser Reisen, ES Childminding may change journey times, routes, stops and the order in which stops are served where this is necessary for objectively justified reasons.
Objectively justified reasons include in particular:
a. changed traffic conditions;
b. roadworks or road closures;
c. official requirements;
d. changes to the school’s starting or finishing times;
e. changes in the passenger structure;
f. safety requirements; or
g. the need to optimise vehicle deployment.
Any changes must be reasonable for the Customer, taking into account the interests of both parties.
Affected Customers will be informed as early as reasonably possible under the circumstances.
Changes may be made at short notice in particular in the event of accidents, severe weather, dangerous situations, technical faults or official instructions.
There is no entitlement to an individual change to a route, stop or departure time.

9. Responsibilities of parents

The Customer must provide complete and accurate information when making the booking.
The required information includes in particular:
a. the Child’s first name and surname;
b. the Child’s school and year group;
c. the booked route and stop;
d. the booked service days and directions of travel;
e. the names and contact details of the parents or legal guardians;
f. at least one emergency telephone number at which someone can be reached during transport times; and
g. any essential safety-related information.
ES Childminding must be informed immediately of any changes to contact details, bank details or other information relevant to the transport service.
The Customer must be contactable at the emergency telephone number provided during transport times or must nominate another responsible person who can be reached.
The Customer is responsible for explaining the applicable conduct and safety rules to the Child.
Absences should be reported using the communication method specified by ES Childminding.
Notification of an absence does not create an entitlement to a reduction or refund of the transport fee.
The Customer shall be liable in accordance with the statutory provisions for any damage culpably caused by the Customer or the Child.

10. Boarding and alighting

Until the Child actually boards the bus, responsibility for the Child remains with the Customer or the Child’s parents or legal guardians.
During the journey and the transport-related boarding and alighting process, transport is provided by Schlosser Reisen on behalf of ES Childminding.
As a general rule, the transport-related duty of supervision and responsibility under the school bus service ends when the Child alights at the agreed destination stop.
The parents or legal guardians are responsible for ensuring that the Child can safely reach the agreed stop and safely leave the stop after alighting.
Any specific safety-related information required for the transport service must be communicated to ES Childminding when making the booking or immediately after any change occurs.
The driver is not required to accompany the Child to their home or to any location other than the agreed stop.

11. Conduct on the bus

The Child must follow the instructions of the driver and any accompanying persons.
Where seat belts are provided, they must be worn in accordance with the statutory requirements and the driver’s instructions.
The following are prohibited in particular:
a. unfastening a seat belt without authorisation while the vehicle is moving;
b. leaving the seat while the vehicle is moving;
c. distracting or disturbing the driver;
d. violence, threats, bullying or serious harassment;
e. throwing objects;
f. opening doors or windows without permission;
g. damaging or significantly soiling the vehicle;
h. carrying dangerous or prohibited items; and
i. any other conduct that endangers the safety or orderly operation of the transport service.
In the event of serious or repeated breaches, the Child may be temporarily or permanently excluded from the transport service after a prior warning.
In the event of an immediate threat to safety, the Child may be temporarily excluded without a prior warning.
Before a permanent exclusion, the parents or legal guardians will generally be given an opportunity to respond, where the circumstances permit.
Permanent exclusion may be accompanied by termination of the contract for exceptional reasons.
Statutory claims for damages remain unaffected.

12. Transport fee and payment period

The amount of the transport fee is set out in the relevant product description and booking confirmation.
The transport fee agreed for the school year is payable in ten monthly instalments.
Instalments are collected for the months of September up to and including June.
Each monthly instalment is due on the first calendar day of the respective month.
Collection is generally initiated on the first calendar day of each month.
If the first calendar day falls on a Saturday, Sunday or public holiday, or if the direct debit cannot be processed on that day for banking reasons, the account will be debited on the next possible banking day.
The first regular instalment will be collected on 1 September and the final regular instalment on 1 June.
As a general rule, no monthly instalments are collected for July and August.
For bookings made after the beginning of the school year, the first instalment becomes due after the booking has been accepted or on the notified collection date.
The agreed fee is a total price for the booked service period, divided into monthly instalments for ease of payment.
The monthly instalment therefore does not represent the price of a particular number of individual journeys in the relevant month.
School holidays, public holidays and regular non-school days are already taken into account when calculating the total price.
The monthly instalment therefore remains unchanged in months containing school holidays, public holidays or non-school days.
The Child’s absence due to illness, holiday, a school trip, private appointments, timetable changes or other personal reasons does not result in a reduction or refund of the transport fee.

13. Payment processing through GoCardless

Monthly instalments are processed through the payment service provider GoCardless using the SEPA Direct Debit scheme.
During the booking process, the Customer grants the SEPA Direct Debit mandate required to process payments.
The Customer must maintain a valid SEPA Direct Debit mandate throughout the entire term of the contract.
The Customer must ensure that sufficient funds are available in the specified account on the relevant due date.
ES Childminding must be informed immediately of any change to the bank account or account holder using the designated communication or payment method.
Advance notices, payment information and communications from GoCardless may be provided electronically.
Depending on banking days and the processing times of the banks and payment service providers involved, the account may actually be debited after the first calendar day of the month.
The Customer’s statutory rights in connection with the SEPA Direct Debit scheme remain unaffected.
The return or reversal of a valid direct debit does not remove the underlying payment obligation.

14. Failed payments

If a due direct debit cannot be collected successfully for a reason attributable to the Customer, a fixed charge of €2.00 shall become payable for each failed collection attempt.
Reasons attributable to the Customer include in particular:
a. insufficient or unavailable funds in the account;
b. incorrect bank details;
c. a revoked or invalid SEPA Direct Debit mandate; or
d. a direct debit being reversed without valid justification.
The €2.00 fixed charge will generally be collected together with the outstanding amount as part of the next direct debit.
Before the increased amount is collected, the Customer will be informed of the outstanding amount, the fixed charge and the intended collection.
If the subsequent collection attempt also fails for a reason attributable to the Customer, a further fixed charge of €2.00 may be applied for that additional failed attempt.
The Customer expressly retains the right to demonstrate that:
a. no loss or costs were incurred; or
b. the actual loss or costs incurred were substantially lower than €2.00.
The fixed charge will not be applied if the Customer was not responsible for the failed payment.
ES Childminding remains entitled to claim statutory default interest and any demonstrable additional loss. Any fixed charge already applied will be offset against any further claim for damages.
If the Customer is in default with a due payment, ES Childminding may suspend the Customer’s use of the school bus for future journeys after issuing a payment request and allowing a reasonable period for payment.
A suspension will not take place during a journey that has already begun.
In the event of repeated payment defaults or outstanding payments amounting to at least two monthly instalments, ES Childminding may terminate the contract for exceptional reasons after a reasonable payment deadline has expired without payment.

15. Contract term and automatic renewal

The contract begins on the date specified in the booking confirmation.
The initial fixed term of the contract generally ends on 30 June of the school year specified in the booking confirmation.
If a booking is made during a school year that has already begun, the initial contract term shall likewise end on the following 30 June unless otherwise agreed in the booking confirmation.
During the initial fixed term, ordinary termination with effect from an earlier date is generally excluded.
The contract may be terminated with one month’s notice to the end of the initial fixed term.
If the contract is to end on 30 June, notice of termination must be received by ES Childminding no later than the end of 31 May.
If the contract is not terminated within the required period, it will automatically continue for an indefinite period.
Following automatic renewal, the contract may be terminated at any time by giving one month’s notice to the end of a calendar month.
Automatic renewal does not create a new fixed minimum term covering an entire additional school year.
During the renewed contract period, regular monthly instalments will continue to be collected only for the months of September up to and including June.
No regular instalment is charged for July or August. However, the contract remains in force during those months unless it has been validly terminated.
If the renewed contract ends before 1 September, no instalments will be collected for the following school year.
If the contract ends during a school month, the instalment due for that calendar month generally remains payable in full unless the early termination is attributable to ES Childminding.
Notice of termination may be given in text form, in particular by email, or through the electronic cancellation facility provided on the website.
Compliance with the notice period is determined by the date on which ES Childminding receives the notice of termination.
Both parties’ right to terminate the contract for exceptional reasons remains unaffected.
ES Childminding may have grounds for terminating the contract for exceptional reasons in particular if:

a. the Customer remains in default with significant payments despite a payment request;
b. the Child seriously or repeatedly endangers the safe operation of the transport service;
c. the Customer provided materially incorrect information when making the booking;
d. required information is not provided despite a request to do so; or
e. the transport service can no longer be provided safely on a permanent basis for factual or legal reasons.

16. Changes to the transport fee

ES Childminding may adjust the transport fee for future service periods if the costs relevant to the calculation of the fee demonstrably change after the contract has been concluded.
Relevant costs include in particular:
a. fees charged by the Transport Company;
b. fuel and energy costs;
c. staffing and wage costs;
d. insurance premiums;
e. tolls, permits and vehicle costs; and
f. taxes and other public charges.
Customers will be notified of any price increase in text form at least six weeks before it takes effect.
In the event of a price increase, the Customer may terminate the contract for exceptional reasons with effect from the date on which the increase takes effect.
The notice of the price change will expressly inform the Customer of this special right of termination and the applicable deadline.
Cost reductions will be taken into account in the calculation of the price according to the same principles as cost increases.

17. Cancellations and operational disruptions

Journeys may be temporarily suspended, delayed or adjusted if their performance becomes impossible or unreasonable due to force majeure or other circumstances beyond the parties’ control.
These circumstances include in particular:
a. extreme weather conditions;
b. natural events;
c. road closures;
d. traffic accidents;
e. official orders;
f. dangerous situations;
g. school closures announced at short notice;
h. external strikes; and
i. exceptional traffic or operational disruptions.
In the event of a vehicle breakdown, ES Childminding and Schlosser Reisen will endeavour to arrange a suitable alternative.
There is no entitlement to a replacement vehicle within a particular period of time.
If a journey is cancelled completely for reasons attributable to ES Childminding or Schlosser Reisen and no reasonable alternative transport is provided, the statutory rules concerning price reductions, refunds and damages shall apply.
Taxi costs, private travel costs or other costs of independently arranged alternative transport will be reimbursed only if:
a. ES Childminding agreed in advance to cover the costs; or
b. there is a mandatory statutory entitlement to reimbursement.

18. Liability

ES Childminding shall be liable to the Customer in accordance with the statutory provisions for the proper performance of the contractually agreed services.
ES Childminding engages Schlosser Reisen as a subcontractor and agent in the performance of the actual transport service.
Schlosser Reisen’s operational responsibility for the vehicles, drivers and performance of the transport service does not affect the Customer’s statutory rights against ES Childminding.
In the internal relationship between ES Childminding and Schlosser Reisen, Schlosser Reisen is responsible for damage and breaches of duty caused in particular by:
a. the condition or operation of the vehicles used;
b. the conduct or fault of the drivers;
c. breaches of passenger transport, road traffic, drivers’ hours or insurance regulations;
d. missing or inadequate permits, licences, approvals or insurance policies;
e. traffic accidents;
f. the unsafe management of boarding or alighting; or
g. breaches of transport-related duties of care and supervision.
Any direct statutory claims of the Customer or the Child against Schlosser Reisen, the driver, a vehicle owner or an insurance provider remain unaffected.
ES Childminding’s liability shall be unlimited:
a. in cases of intent or gross negligence;
b. in cases of culpable injury to life, limb or health;
c. under the German Product Liability Act;
d. in cases where a defect has been fraudulently concealed; and
e. to the extent of any expressly given guarantee.
In the event of a slightly negligent breach of a material contractual obligation, ES Childminding’s liability shall be limited to the foreseeable loss typical of the contract.
Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the Customer may normally rely.
In all other respects, ES Childminding’s liability for damage caused by slight negligence is excluded to the extent permitted by law.
The above liability provisions shall apply accordingly for the benefit of ES Childminding’s legal representatives, employees and other agents.
Exclusions and limitations of liability do not apply where they conflict with mandatory statutory liability provisions.

19. Luggage and personal belongings

Only items that can be stored safely in the vehicle and that do not endanger or significantly inconvenience other passengers may be carried.
Dangerous or prohibited items, or items that interfere with the operation of the transport service, must not be carried.
Bicycles, large sports equipment, bulky items or similar special luggage may be carried only with prior approval.
Valuables should not be left unattended in the vehicle.
The statutory liability provisions apply to lost, forgotten or damaged items.
Lost property may be handed in to and collected from ES Childminding or Schlosser Reisen.

20. Data protection

ES Childminding processes the personal data required for booking, contract performance and payment processing in accordance with the applicable data protection legislation.
Data required to provide the transport service may be shared with Schlosser Reisen.
This includes in particular:
a. the Child’s name;
b. the Child’s school and year group;
c. the route, stop and service days;
d. the contact details of the parents or legal guardians;
e. emergency contacts; and
f. any essential safety-related information.
Payment and bank details are shared with GoCardless and the banks and payment service providers involved for the purpose of processing payments.
Special categories of personal data, in particular health data, will be processed and shared only where this is necessary for the safe provision of the transport service and legally permissible.
Further information is set out in the applicable privacy notices of ES Childminding, Schlosser Reisen and GoCardless.

21. Communication

Contract-related communications may be sent by email, through the booking portal or by other previously notified electronic communication methods.
The Customer must regularly check the email address provided and ensure that messages can be received.
ES Childminding must be informed immediately of any change to the Customer’s email address or telephone number.
Urgent operational information may also be communicated through a messaging service, SMS or another notification service.
Messages given to the driver do not replace notification to ES Childminding unless receipt of the message has been expressly confirmed.

22. Right of withdrawal

The booked service is a service connected with the transport of passengers.
As a general rule, passenger transport contracts are not subject to the statutory right of withdrawal applicable to distance contracts.
No voluntary right of withdrawal is granted unless ES Childminding expressly states otherwise in the booking confirmation.
Contractual and statutory termination rights remain unaffected.

23. Complaints and damage reports

Complaints concerning bookings, administration, payments or contract management must be addressed to ES Childminding.
Complaints concerning the actual transport service, vehicles or drivers may also be addressed to ES Childminding.
ES Childminding will forward transport-related complaints and damage reports to Schlosser Reisen and coordinate their handling.
Accidents, injuries, damage and other safety-related incidents must be reported immediately.
Where possible, the report should include:
a. the date and time;
b. the route and stop;
c. the name of the Child concerned;
d. an objective description of the incident; and
e. any available photographs, supporting documents or witnesses’ contact details.
Statutory limitation periods, notification requirements and exclusion periods remain unaffected.

24. Governing law and jurisdiction

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
In relation to consumers, this choice of law applies only to the extent that it does not restrict the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.
The statutory places of jurisdiction apply to consumers.
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of ES Childminding shall be the place of jurisdiction to the extent permitted by law.

25. Final provisions

Individual agreements between ES Childminding and the Customer shall take precedence over these Terms and Conditions.
Amendments and additions to the contract must be made at least in text form unless a stricter form is required by law.
Declarations made by email satisfy the text-form requirement.
If any provision of these Terms and Conditions is or becomes wholly or partly invalid, the remainder of the contract shall remain valid.
Any invalid provision or provision that has not been validly incorporated shall be replaced by the applicable statutory provisions.
The version of these Terms and Conditions accepted when the online booking was completed shall apply.

Last updated: 18 July 2026