Terms of Use

  1. Purpose and scope of the Terms and Conditions of Agreement

Batmaid manages the Platform, which enables Customers to book and pay for a service.

The purpose of these Terms and Conditions of Contract is to define the conditions of access and use of the Platform, as well as to define the rights and obligations of Batmaid, the Agents and the Customers in relation to the use of the Platform.

In its capacity as employer, BATMAID is, therefore, the provider of services to the Clients.

The following Terms and Conditions govern the use of Batmaid's platform. By registering for the Batmaid platform, the user accepts the following terms and conditions.

  1. Definitions

The following definitions shall apply to the Terms and Conditions.

  • Agent*': means an employee of Batmaid Germany GmbH.
  • "Application": means the mobile application operated by Batmaid available on iOS and reserved for Customers only.
  • "Batmaid": refers to the company Batmaid Germany GmbH, in its national scope. Hereinafter referred to as "Batmaid".
  • "T&C": refers to the Terms and Conditions.
  • "Customer": refers to any natural or legal person who uses the Platform to benefit from a Service.
  • "Account": refers to the digital space dedicated to a User on the Platform, whether a Customer or an Agent.
  • "Content": refers to any statement, message, information or data published on the Platform.
  • "Cleaning": refers to a cleaning service performed in a private home.
  • "Platform": refers to the Service booking platform operated by Batmaid, accessible from the Website and the Application, which enables the Service to be performed.
  • "Service": refers to the home service rendered by Batmaid  Germany GmbH to a Customer within the framework of the home services; more precisely home cleaning service and end-of-tenancy cleaning service, which can be purchased on the Platform.
  • "Booking": refers to an order for a cleaning service (for a frequency of cleaning services or for a one-off service) placed by a Customer.
  • "Services": refers to all services provided by Batmaid to Users (and in particular the billing and payment tools, the insurance of the Services, etc.).
  • "Website": refers to the website https://www.batmaid.de/ and all its sub-domains.
  • "User": means any Customer, Agent or user using the Platform.

Unless the context otherwise requires, terms and definitions in the singular include the plural and vice versa.

  1. Registration and acceptance of T&Cs and use of the website

3.1. FOR THE CLIENT

Any order for a Service requires the creation of a personal account by the Client. The Client may then create his or her Account and register on the Platform via (i) the Site, during the process of booking a Service or by clicking on the "Login" tab or via (ii) the Application, during the process of booking a Service.

The Customer must provide the information necessary to create his Account at the time of his first access, in particular his surname, first name, email address and home address. Furthermore, the Customer warrants to Batmaid that he/she has the power and capacity to create the Account and to use the Services. The Customer must therefore be of legal age and have full legal capacity. Furthermore, the Customer may only order a Service for himself and/or for the Account of a third party. The Customer also guarantees the veracity of the information provided during the booking process.

During the process of booking a Service and thus creating his Account, the Customer undertakes to read the T&Cs when he gives his consent by ticking the box "I accept the terms of use". The Client is free to accept or refuse the T&Cs. In case of refusal, the Customer will unfortunately not be able to access his account on the Site.

At the time of acceptance and/or at the end of the process of booking a Service, the Client receives an email confirming the creation of his Account.

3.2. FOR THE AGENT

The Agent may apply to the Platform via the Site, in the section dedicated to Agents.

When logging in for the first time, the Agent shall provide the following information to create his 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, the Agent guarantees Batmaid that he/she is of legal age and has full legal capacity and freedom to work on Italian territory, to create the Account and to be employed by a company.

During the Account creation process, the Agent undertakes to read the T&Cs when he gives his consent by ticking the box "I accept the terms of use". The Agent is free to accept or refuse the T&Cs. In case of refusal, the Agent will not be able to access his account on the Website.

After acceptance, the Agent will receive an email confirming receipt of the application.

3.3. USE OF THE WEBSITE

The User of the Website may download, view or print the content of the Batmaid Website solely for personal and non-commercial use, preserving and reproducing 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, 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 the User will not infringe the rights of third parties.

  1. Copyright and Intellectual Property

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 Germany GmbH 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 copyright, trademarks, patents and all other intellectual or industrial property rights existing under applicable law (all rights reserved).

Except as otherwise provided for in the T&Cs of Batmaid, nothing on the Batmaid Website may be interpreted as granting a licence or a right to use any of the content.

  1. Evolution of Services and modification of T&Cs

Batmaid develops the features and functionalities of the Platform and 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 Services, provided that this does not lead to an increase in price or a change in the quality and provided that the features to which the User has committed are included in the T&Cs.

For other changes to the T&Cs and Services, Batmaid shall inform the User by email.

If no objection is made by the User within 30 days, the changes shall be deemed to have been read and accepted. However, in the event of objection or refusal, the Contracts shall be immediately terminated and the User shall cease to use the Platform and the Services, without prejudice to the full fulfilment of the obligations in force (in particular, the Users and Batmaid shall honour the current Service Bookings).

  1. Account access, use and security

Access to the Platform and Services is reserved exclusively for Users. Each User understands and agrees that he or she is responsible for access to and use of his or her Account.

Except in the event of technical failure attributable to Batmaid or force majeure, each User is responsible for the confidentiality of his connection data and undertakes to take all measures to protect his login and password (in particular, by choosing a secure password, etc.).

If the User has reason to believe that his or her connection data (in particular, his or her login or password) have been lost, stolen, misappropriated or compromised in any way or in the event of unauthorised use of his or her Account, the User must immediately inform Batmaid by email at kunde@batmaid.de

In such a situation, the User authorises Batmaid to take all appropriate measures to prevent any further access to the Account.

  1. Provision of services

7.1. BOOKING A HOUSE CLEANING SERVICE

The Customer can make a Reservation on the Website or on the Application. He/she must select the "house cleaning" Service and enter the postcode where the Service is to take place.

The Client then chooses the duration of the Service (the duration is selected manually by the Client or using the duration calculation tool - "calcula durata"). The Customer may then add "Extras" (as defined on the website) to the Service. (as defined on the website) to the cleaning, which are additional options that the Client wishes to have performed during the cleaning (in particular, cleaning the inside of the oven, additional time for ironing, etc.).

The Customer then chooses the frequency of his cleaning (every week, every fortnight, every four weeks or once). He also indicates whether he has pets in the house and chooses the date and time of his first service. If the Customer selects a frequency, the cleaning will automatically be repeated on the same day and at the same time with the same person.

Finally, the Customer confirms that they have all the materials and products needed for the cleaning. He also enters the exact address of the cleaning and any additional instructions and finally enters the desired method of payment.

The Services can only be performed during the hours indicated on the Platform - from 8:00 to 19:00 - or on the Application.

7.2. BOOKING AN END-OF-TENANCY CLEANING

The Client may make reservations on the Website or the Application. He must select the "end of tenancy" Service and enter the postcode where the Service is to take place.

The Client then enters the surface area of the property to be cleaned to obtain an online quote. The Customer receives an hourly rate and a price that already includes the selected "Extras" (additional options to the standard cleaning). In addition, the customer can choose to remove and/or add some "Extras", which will automatically recalculate the cleaning duration.

The Client then chooses whether or not to subscribe to a "Guarantee" for his end-of-rent cleaning. The guarantee is applicable when

  • if the cleaning is not done well, someone will come back to finish the job for free;
  • only the booked services are covered (in addition to what is included in a standard cleaning).

The guarantee does not apply

  • if the actual surface area does not correspond to that indicated in the reservation made by the Client;
  • for any accidental damage to the accommodation;
  • for matters not related to cleaning;
  • for failure to carry out the "Extras" that were not selected;
  • for the non-fulfilment of the cleaning not included.

Then, the Client chooses the day on which he wants the service to take place. In principle, all end-of-tenancy cleaning starts at 8 a.m. If the client wishes to change the time, he/she shall inform the Batmaid company by clicking on "I want to be contacted to change the time".

Finally, the Customer confirms that he has all the equipment and products necessary for cleaning. He also enters the exact address of the end-of-tenancy cleaning and any additional instructions and finishes by filling in the desired payment method.

Services can only be carried out at the times indicated on the Platform - from 8:00 to 19:00 - or on the Application.

Please note: on the day of the end-of-rent cleaning, the Client must be present when the cleaning agents arrive to show them the premises and explain their exact requirements. In addition, the Client must also be present one hour before the end of the cleaning to walk around with the cleaning agent(s) to ensure that there are no shortcomings in the cleaning.

7.3. CONNECTION BETWEEN CUSTOMERS AND AGENTS

Once an Agent has accepted a cleaning service assignment, it is considered validated.

Cleaning services are assigned according to the Agent's assessment and the position of the Agents and Clients.

If an Agent does not respond within a period of time dependent on the urgency of the Booking, the Booking is offered to another Agent until it is accepted by one of them.

7.4. WITHDRAWAL AND CANCELLATION OF A SINGLE BOOKING OR FREQUENCY OF CLEANING SERVICE

The Customer can delete a Service free of charge by clicking on "My cleaning" when accessing his Batmaid account. Then, in the "Upcoming cleaning" section, the Customer clicks on the "Other" tab of the cleaning service he wishes to delete and then clicks on "Delete". The Agent will be informed of the change immediately.

If the Customer wishes to cancel the entire regular cleaning contract, he must contact Batmaid by email at kunde@batmaid.de.

If the cancellation of a Service is made 48 hours before the Service, the Client will not be charged any cancellation fee. If the Client cancels a Service less than 48 hours before the Service, the Client shall be charged the equivalent of one hour's cleaning. If the cancellation is made after 18:00 on the day before the Service, the Client will be charged the full price of the booked Service.

The Client may cancel the recurrence of the cleaning service at any time without charge, provided that the cancellation is made 48 hours before the next cleaning service. If the recurrence of the Service is cancelled less than 48 hours prior to the next booked cleaning service, the cancellation charges set out in the previous paragraph shall apply.

7.5. COURSE OF PERFORMANCE

At the end of a Service, the Client may rate the Agent's Service through a rating system on the Platform or the Application.

  1. Financial conditions

8.1. PRICE OF 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 credit card (MasterCard, VISA, AMEX). 

8.2. PAYMENT OF SERVICES

The price of the Services is subject to a bank pre-authorisation 24 hours before the start of the Service. It is automatically charged to the Client within 48 hours after each cleaning. Credit card (VISA/Mastercard/American Express) pays for recurring and one-off cleaning.

8.3. RECEIPT OF PAYMENT 

The receipts for payment of the Services provided to the Customer are available at all times, and for a period of 10 years, on his personal Account. The invoice shall also be made available to the Customer on request to the Batmaid company.

  1. Batmaid commitments

Batmaid undertakes to make 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 Services are accessible 24 hours a day, seven days a week, except in cases of force majeure or unforeseeable and insurmountable behaviour by third parties, and except for breakdowns and maintenance and 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 available to Users a support service to answer questions and provide assistance in the event of difficulties. For any question or request for information concerning the Platform or the Services, the User may contact Batmaid by sending an email to the following address: kunde@batmaid.de.

In the event of a malfunction or anomaly that interrupts the proper functioning of the Platform or the Services, Batmaid undertakes to do its best to restore the situation.

  1. Limited liability of Batmaid

Users acknowledge and accept that by accessing, using, exploring and browsing the Batmaid Website, they do so under their own responsibility.

Users acknowledge and accept that, to the extent permitted by applicable law, Batmaid Germany GmbH, its affiliated companies in Germany 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 Customer, an Agent or an ordinary User. 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 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 Germany GmbH, or any company belonging to the Batgroup SA group, accepts 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.

  1. User commitments

11.1. COMMITMENTS COMMON TO ALL USERS

The User expressly undertakes to

  • to comply with the laws and regulations in force and not to violate public order, morality or the rights of third parties, and not to violate any legal or regulatory provision;
  • not allow third-parties to use your Account;
  • not to publish Content which is abusive, defamatory, libellous, contrary to public decency, which violates public order or the rights of third parties, or which may damage the rights, reputation or image of Batmaid or of another User
  • not to use the Platform or the Services in a fraudulent manner (e.g. with a false account or identity) and/or to damage the interests of Batmaid or another User;
  • not to assign or otherwise transfer your Account to a third party;
  • provide Batmaid with all information necessary for the proper performance of the Services and guarantee its accuracy;
  • make proper use of the Platform and the Services, i.e. participate in the registration, booking or evaluation process (optional)
  • to inform Batmaid of any complication of any kind, of any problem with another User or in the use of the Platform, the Account and the Services 
  • maintain the strictest confidentiality and not share with third parties any exchange, conversation, information and, more generally, any element relating to the Services, Bookings and exchanges between Users or with Batmaid.

You understand and agree that the following is strictly prohibited:

  1. Any behaviour which interrupts, suspends, slows down or prevents the continuity of the Platform or the Services;
  1. any intrusion or attempted intrusion into the systems of Batmaid;
  1. any diversion of the system resources of the Account and of the Platform;
  1. any action which imposes a disproportionate load on the digital infrastructure of Batmaid;
  1. any violation of security and authentication measures;
  1. any action which may damage the financial, commercial or moral rights and interests of Batmaid and other Users;
  1. any violation of the T&Cs;
  1. any copying and/or misappropriation of Batmaid's digital infrastructure and, more generally, any practice that abuses the Platform and the Services for purposes other than those for which they were designed.

11.2. CUSTOMER COMMITMENTS

The Client expressly undertakes

  • to have a correct, polite and decent attitude towards the Agents;
  • to put the Agents in the best possible conditions to enable them to perform the Services in good conditions (e.g. to be in possession of all the necessary equipment and products, etc.);
  • inform the Agent of certain specific conditions of the Services, and in particular, inform them of the presence of animals at the address where the cleaning will take place (this may prevent some Agents with allergies or fears from carrying out the Cleaning Services); 
  • not to contact Agents after the completion of a Service in order for them to perform services outside the Platform.
  1. User responsibility

Users are responsible for the use they make of the Platform and the Services and are liable for any damage they may cause by their behaviour and for any inaccurate, incomplete and/or misleading information they provide when registering or failing to update this information, the consequences of which are their sole responsibility.

More specifically, users are responsible for:

  • the information that they choose to put online in their Account and that they publish using the Platform or Services; 
  • of reservations of services made on the Platform.

Users understand and accept that the following is strictly prohibited

  1. any behaviour that interrupts, suspends, slows down or impedes the continuity of the Platform or Services;
  1. any intrusion or attempted intrusion into the systems of Batmaid;
  1. any diversion of the system resources of the Account and of the Platform;
  1. any action which imposes a disproportionate load on the digital infrastructure of Batmaid;
  1. any violation of security and authentication measures;
  1. any action which may damage the financial, commercial or moral rights and interests of Batmaid and other Users;
  1. any violation of the T&Cs;
  1. any copying and/or misappropriation of Batmaid's digital infrastructure and, more generally, any practice that abuses the Platform and the Services for purposes other than those for which they were designed.
  1. Duration

The T&Cs are in force for an indefinite period of time and come into effect from their acceptance by the User.

 

  1. Insurance

Batmaid Germany GmbH has professional indemnity insurance with Basler Versicherungen for Germany .

In addition, the company also covers proven damage in the customer's home.

If the damage is proven, Batmaid Germany GmbH has liability insurance that covers the damage up to amount.

Please note that without a photo or communication within 48 hours, Batmaid Germany GmbH declines all liability for damage.

15 - Privacy Policy

 The data of all Users will be treated in accordance with the applicable privacy regulations and as defined in detail in the Privacy Policy, available in the respective section of Batmaid.

If you have any questions or requests, please contact our Customer Service at the following email address: kunde@batmaid.de

 

16 - Applicable law

 These General Terms and Conditions are governed by Germany law.

 

 17 - Dispute resolution and jurisdiction 

In the event of any disputes that may arise between the User and the Company, we would like to point out that the policy adopted by the Company is the policy of "amicable settlement", where possible, through neutral, fast and inexpensive means for the parties. First of all, all Users are cordially invited, in the event of problems encountered by them, to write to the email address kunde@batmaid.de for a possible amicable resolution of any dispute arising between the User and Batmaid.