General terms and conditions

Article 1. Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:

O-PAIR (Gu@pa bv) located at Leopoldstraat 1, 2280 Grobbendonk, registered under registration number BE0838236386;
client: the natural person who wishes to register with O-PAIR or who has registered with O-PAIR;
client: the natural person who wishes to register with O-PAIR or who has registered with O-PAIR;
host family: the client's family where the au pair will stay or where the au pair is staying;
agreement: the agreement between O-PAIR and the client;
au pair: a foreign person who comes to Belgium to get to know Belgian society and culture and who temporarily stays with the host family and, in exchange for room and board, performs light housework for the host family and/or helps with the care of the child or children who are part of the host family;
placement agreement: the agreement concluded between the client and the au pair through the mediation of O-PAIR (other than an employment contract).

Article 2. General

These general terms and conditions apply to every offer, quotation and agreement between O-PAIR and the client and to all services provided by O-PAIR.
Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or by e-mail.
If one or more provisions in these general terms and conditions prove to be null and void or are annulled, the other provisions of these general terms and conditions will remain fully and fully applicable. The null and void or annulled provisions will be replaced by O-PAIR, whereby the purpose and scope of the original provision(s) will be taken into account as much as possible.
If O-PAIR does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that O-PAIR would in any way lose the right to require strict compliance with the provisions of these conditions in other cases.
O-PAIR has the right to change these general terms and conditions.

Article 3.Offer

All offers and quotations from O-PAIR are without obligation.
O-PAIR cannot be bound by obvious errors or mistakes on the website, in quotations, brochures, forms or the agreement.
All prices, rates and costs stated are inclusive of VAT.
Offers or quotations do not automatically apply to future agreements.

Article 4. Formation of the agreement

Before the agreement is concluded, O-PAIR checks whether the host family is suitable for the cultural exchange program. O-PAIR has the right to decide not to enter into an agreement with the client based on this check.
The agreement is concluded after the client has signed the agreement.
These general terms and conditions will be made available to the client before or upon conclusion of the agreement.

Article 5. Client details

The client must, if possible, notify O-PAIR in advance of any changes to his personal details, such as a change of address or change of telephone number, in writing or by e-mail.
O-PAIR processes personal data in accordance with the Personal Data Protection Act.

Article 6. Unsubscribe

As long as O-PAIR has not found a suitable au pair for the client, the client can deregister with O-PAIR. Such a request must be submitted to O-PAIR in writing or by e-mail. After receipt of this request, O-PAIR will send the client a written confirmation of the deregistration. The costs paid will not be refunded to the client.

Article 7.Execution of the agreement

O-PAIR's services primarily consist of O-PAIR carefully mediating between the client and an au pair in the context of a cultural exchange program.
After the placement agreement has been concluded, O-PAIR supervises the au pair. O-PAIR ensures that the au pair's stay with the client is truly focused on cultural exchange. If necessary, O-PAIR advises the host family in the guidance of the au pair.
O-PAIR guarantees that it carries out its (mediation) activities in accordance with the legal requirements.
O-PAIR will make every effort to find a suitable au pair, but cannot guarantee that it will find one. O-PAIR will perform its services to the best of its ability and as a diligent professional. However, O-PAIR cannot guarantee that any intended result will be achieved.
If O-PAIR has found an au pair for the client, O-PAIR will inform the client of this. If the client wants to enter into a placement agreement with the proposed au pair, O-PAIR will, if legally required, apply for a residence permit or visa for the au pair. O-PAIR cannot guarantee that the residence permit or visa will be issued. If the residence permit or visa is granted, O-PAIR will initiate the necessary steps to allow the au pair to travel to Belgium.
O-PAIR informs the client of all laws and regulations that apply to the host family regarding taking in an au pair.

Article 8. Costs

The costs for applying for a residence permit or visa shall be borne by the client. If the residence permit or visa is not granted, the costs for applying for the residence permit or visa shall not be refunded, unless the client can demonstrate that the failure to grant the residence permit or visa is due to an act and/or omission by O-PAIR.
The travel expenses for the au pair to travel to Belgium are borne by the client or the au pair, as agreed between the parties.
The costs described in article 8.1 and 8.2 will be charged to the client in advance. If, for whatever reason, no placement agreement is reached between the au pair and the client, these costs will not be reimbursed to the client.
The costs of the au pair's flight ticket to fly back to his or her country will be borne by the client or au pair as mutually agreed, unless the au pair is placed with another host family after the placement agreement.

Article 9. The placement agreement

O-PAIR provides the client with a placement agreement.
The placement agreement is concluded after the client and the au pair have signed the placement agreement.
The au pair will receive a residence permit in the context of cultural exchange for a maximum of 1 year. This residence permit cannot be extended. Therefore, the duration of the placement agreement is a maximum of 1 year. After the placement agreement has expired, the au pair will return to his/her country of origin.
The placement agreement includes, among other things:

the names and contact details of the client and the au pair;
the start date and end date of the placement agreement;
the notice period that the parties must observe if one of the parties wishes to terminate the placement agreement prematurely;
what work the au pair performs for the client and what facilities the client provides and/or makes available for this purpose;
the au pair's pocket money;
the number of hours the au pair will work for the host family.

Article 10. Brokerage fee

After the placement agreement has been concluded, the client owes O-PAIR a brokerage fee. The amount of the brokerage fee is included in the agreement between the client and O-PAIR.

Article 11. Obligations of the client and the host family

The client shall ensure that all data that O-PAIR indicates is necessary for the performance of the agreement, such as, but certainly not limited to, a valid identity document of the client, recent photos of the host family and a letter in which the host family introduces itself to the au pair, are provided to O-PAIR in a timely manner.
The host family must consist of at least 2 people, including at least 1 child.
The client must provide all cooperation necessary for the proper execution of the agreement. O-PAIR will keep the host family informed of all relevant developments as a result of the given assignment.
The client guarantees that he complies with all legal rules that apply with regard to being a host family for an au pair. This is also important to prevent the au pair from being seen as a foreigner within the meaning of the Foreign Nationals Employment Act. In addition, the client guarantees that all members of the host family adhere to these general terms and conditions and to the obligations that rest on them under laws and regulations and that the members of the host family do not act contrary to public decency.
O-PAIR ensures that the au pair travels to Belgium in accordance with the applicable legal conditions. This also includes informing the au pair (whether or not via the agency abroad) about relevant laws and regulations. O-PAIR will also inform the au pair about the documents that the au pair needs for a legal residence in Belgium.
The host family must pick up the au pair from the airport and must take the au pair to the airport after termination of the placement agreement.
The client must ensure, among other things, that:

the au pair only does light housework and/or helps with the care of the child or children;
the au pair works a maximum of 20 hours per week for the host family;
the au pair has at least 2 days off per week, of which at least once per month is a consecutive weekend;
the au pair has 2 weeks of leave per 12 months. If the placement agreement is shorter than 12 months, the number of weeks of leave must be determined proportionally.

Period of stay: the au pair stays with the host family for a continuous period of up to 12 months, after which the au pair in principle returns to the country of origin, or in any case leaves Belgium.
The client is not allowed to have the au pair perform work outside the host family. The au pair is NOT allowed to perform work outside the host family. This means that the au pair may only perform tasks permitted within the au pair program for the members of their own host family, who are registered at the address of the host family where the au pair is staying.
Daily schedule: the host family and the au pair agree on a daily schedule for the au pair's tasks for all seven days of the week. The daily schedule is drawn up according to the guidelines of the O-PAIR Exchange Programme, in a language that the au pair understands. The host family agrees on this daily schedule with the au pair during the introduction. If agreed, the daily schedule is signed by the au pair and the host family.
The client is obliged to take out au pair insurance that covers costs and/or damages in connection with accident, illness and liability. The costs for this insurance are for the account of the client. If the host family fails to take out au pair insurance in time and for the entire stay of the au pair, the (financial) consequences of this are entirely for the host family.
If O-PAIR wishes to check the au pair's situation with the host family, the client must cooperate with this investigation.
The client must register the au pair in the municipality where the host family lives.
The host family ensures that the au pair collects the residence permit from the municipality after arriving in Belgium.
The au pair must be included in the host family. This means, among other things, that the au pair participates in the daily activities of the family. The host family must make an effort to introduce the au pair to Belgian culture.
The au pair must stay at the host family's address. It is not permitted to place the au pair at another address. The au pair must have an independent, lockable room for themselves and the room must have a good bed, a desk (table) with a chair, at least 1 window that can be opened, a working heater and a TV and/or computer. The au pair must be able to use the bathroom. There must be a working internet connection in the host family's home. An au pair may NOT be placed at an address other than that of the host family. If an au pair stays in an outbuilding, the host family must be able to demonstrate by means of a municipal permit that this building has an official status as a residential destination.
The client is not permitted to charge the au pair for the au pair's stay in his home and/or for the au pair's primary maintenance.
If certain (house) rules apply within the host family, the client must clearly communicate these (house) rules to the au pair.
The client is obliged to give the au pair pocket money. The pocket money is at least € 450,- per month.
The host family regularly holds evaluation interviews with the au pair regarding society, mutual communication, performance of tasks, etc. The host family also fully and promptly cooperates with all evaluation requests from O-PAIR.
Au pair and host family decide in mutual consultation whether, and if so which (language) course the au pair wishes to follow. The day(s) and time(s) of the course to be followed are also determined in good consultation between au pair and host family
The client indemnifies O-PAIR against any claims by third parties who suffer damage in connection with the performance of the agreement and which is attributable to the client.
The client is obliged to inform O-PAIR without delay about facts and circumstances that may be important in connection with the performance of the agreement, such as a change in the family composition, a change in the income of the host family and the departure of the au pair.
The au pair may not perform tasks for people who need special care, which require a specific skill. This includes, for example, actions for which medical knowledge or medical training is necessary or required
An au pair is not a simple replacement for childcare. An au pair participates in the daily activities of a host family in order to get to know another way of life and culture. Participation in ALL daily activities of the host family by the au pair is decisive for the au pair program.

Article 12.Position of O-PAIR

O-PAIR is not a party to the placement agreement between the au pair and the client. O-PAIR only has an intermediary, supervisory and supporting function.
O-PAIR is in no way responsible to the client for the behavior, actions, statements, information provided, etc. of the au pair.
O-PAIR is not liable for any damage caused to the client or third parties by the au pair. O-PAIR is also not responsible or liable for the quality of the work performed by the au pair.
O-PAIR is an organisation that offers its services based on advice and mediation between host family and au pair. As such, any liability is expressly excluded as a result of non-compliance with agreements by au pair and/or host family towards each other or towards O-PAIR.
O-PAIR is not liable for any (financial) damage or any other disadvantage suffered by the host family as a result of the au pair's stay or actions with the host family.

Article 13. Termination

If it appears that the au pair does not comply with laws and regulations and/or agreements made, and/or there are problems between the host family and the au pair and/or if there is simply no “match” between the host family and the au pair, the host family must immediately (within 24 hours) inform O-PAIR and, if possible, actively work to find a solution. If the host family decides to end the collaboration with the au pair, the host family must report this in writing to O-PAIR, stating the reasons for the mismatch and the efforts that the host family has made to prevent the mismatch.
The host family and the au pair must observe a notice period of 4 weeks, starting on the day following receipt of the written notification of the mismatch by O-PAIR. During the notice period, the au pair will perform her regular tasks where possible, stay with the host family and receive her regular remuneration at all times. If the host family cannot accommodate the au pair during the notice period for urgent reasons, the host family can use the temporary emergency shelter of O-PAIR based on availability and for an additional fee.
If the host family calls upon a replacement au pair due to premature termination of the collaboration with the initial au pair, O-PAIR will cooperate if there is sufficient confidence in the continuation of the client relationship with the host family. However, the host family must take into account the usual lead times for au pair placements.
O-PAIR may refuse the request for a replacement au pair if it appears that the early departure of the au pair from the host family is due to a culpable error on the part of the host family, and/or if the host family has not made sufficient efforts to resolve the problem underlying the mismatch, as determined by O-PAIR.
O-PAIR has the right to relocate an au pair to another family if O-PAIR has reasonable suspicion (for example due to detailed statements by the au pair) that the host family does not comply with relevant laws and regulations regarding au pairs. In such a case, O-PAIR has no obligation to offer a replacement au pair to the host family and O-PAIR has the right to unilaterally terminate the cooperation with the host family, without reimbursement of costs.
O-PAIR has the right to unilaterally terminate the collaboration with the host family and without reimbursement of costs if the host family, through actions or omissions, does not or insufficiently (at the discretion of O-PAIR) enable O-PAIR to exercise its legal obligations.
O-PAIR expressly reserves the right to terminate the collaboration or assignment of the host family without any further motivation.
The host family agrees to the fact that O-PAIR processes and stores personal and privacy-sensitive information of the host family in compliance with the GDPR on the basis of its tasks as a recognized referent in the context of the administrative obligation. The data protection is elaborated in the privacy policy and associated privacy statement, which can be found on our website.

Article 14. Payment

The client must pay invoices received from O-PAIR within 14 days of the invoice date.
If the client does not pay the invoice from O-PAIR within 14 days, the client is in default. In the event of late payment, O-PAIR will send the client a reminder. If the client does not respond to the reminder, O-PAIR can hand over the claim to a bailiff's office or collection agency. From the moment the client is in default until the moment of payment of the full invoice amount, the client owes the statutory interest.
Any payment by the client shall first be used to pay the interest due and then to pay the collection costs. Only after these amounts have been paid shall any payment by the client be used to pay the outstanding principal.

Article 15. Complaints about the au pair

If the au pair does not perform his/her duties or does not perform them properly, the client must first address the au pair about this. If this does not have the desired effect, the client can file a complaint with O-PAIR. If O-PAIR believes that the complaint is justified, O-PAIR will mediate between the client and the au pair to resolve the complaint.
The fact that the client can complain about the au pair to O-PAIR does not mean that O-PAIR can be held responsible in any way for the actions and/or omissions of the au pair.

Article 16. Liability and limitation

O-PAIR cannot be held liable for any damage that is a direct or indirect consequence of:

an event that is in fact beyond its control and therefore cannot be attributed to its actions and/or omissions, as described in, among other things, article 17 of these general terms and conditions;
any act or omission of the client.

O-PAIR is not liable for damage of any nature whatsoever resulting from O-PAIR relying on incorrect and/or incomplete information provided by the client.
O-PAIR does not guarantee the accuracy of the information provided by the au pair. O-PAIR is therefore not liable if it appears that the au pair has provided incorrect and/or incomplete information to the client and/or to O-PAIR.
O-PAIR is never liable for indirect damage, including consequential damage and missed savings.
If O-PAIR is liable for any damage, then the liability of O-PAIR is limited to the amount of the payment made by the insurer of O-PAIR. If the insurer does not pay out in any case or the damage is not covered by the insurance, the liability of O-PAIR is limited to the brokerage fee charged to the client.
The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of O-PAIR.
Any claims and other powers of the client against O-PAIR, for whatever reason, shall in any case expire after 1 year from the moment at which a fact occurs that allows the client to exercise these rights and/or powers against O-PAIR.

Article 17. Force Majeure

O-PAIR is not obliged to fulfil one or more obligations under the agreement if it is prevented from doing so as a result of force majeure. Force majeure includes, among other things, a shortcoming of third parties engaged, obstructions by third parties, illness or personal (family) circumstances of the natural person who executes the agreement on behalf of O-PAIR, internet and telephone failure, weather conditions, government measures, as well as any other situation over which O-PAIR has no (decisive) control.
In the event of force majeure, O-PAIR is not obliged to compensate the client for any damage incurred as a result, except and to the extent that O-PAIR has had an advantage as a result of the force majeure situation that it would not have had if it had complied correctly.

Article 18. Dissolution and suspension

O-PAIR is authorized to suspend the fulfillment of the obligations or to terminate the agreement by means of a written statement, if:

the client does not or does not fully comply with the obligations arising from the agreement, from the placement agreement or from legislation and regulations;
circumstances that have come to O-PAIR's attention after the conclusion of the agreement give good reason to fear that the client will not fulfil its obligations.

Furthermore, O-PAIR is authorized to terminate the agreement (or have it terminated) if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be reasonably expected, or if other circumstances arise which are of such a nature that continued existence of the agreement unchanged cannot reasonably be expected.
If the agreement is terminated, both parties must make every effort to find a good solution regarding the departure and/or housing of the au pair.

Article 19. Non-compliance by the client

If the client does not comply with the placement agreement and/or other agreements between him and the au pair and/or the legal obligations that apply to him as a host family of an au pair, O-PAIR can report this to the competent authorities.
All additional costs that O-PAIR must make and/or all damages that O-PAIR suffers because the client does not, does not timely or does not properly fulfill his obligations towards O-PAIR and/or towards the au pair and/or that arise from laws and regulations or because the client acts unlawfully towards O-PAIR, shall be borne by the client or must be compensated by the client. Damage should also be understood to mean reputational damage that O-PAIR suffers due to the actions and/or omissions of the client.

Article 20. Applicable law and competent court

Belgian law applies to every agreement between O-PAIR and the client.
All disputes concerning agreements between the client and O-PAIR will be submitted to the competent court in the district where O-PAIR is established. The client has 1 month after O-PAIR has invoked this clause in writing to the client, to choose to have the dispute settled by the court that is competent according to the law.

Change Language

Change Language

General terms and conditions