1. Scope

These General Terms and Conditions apply to placement and recruitment services provided by Rent a Nanny Mallorca to clients, in particular families and private households. Rent a Nanny Mallorca is hereinafter referred to as the “Agency”.

The Agency provides, in particular, the following services:

1. Placement of qualified childcare professionals for individual, temporary and recurring assignments
2. Recruitment of qualified childcare professionals for permanent employment in private households, full-time or part-time
 

Administrative support services for childcare professionals or applicants, such as preparatory documents or confirmations for administrative purposes, are not covered by these GTC unless expressly agreed otherwise.

The version of these GTC in force at the time of the binding engagement of the Agency shall apply.
 

2. Placement of qualified childcare professionals for individual, temporary and recurring assignments

2.1 Subject Matter

Rent a Nanny Mallorca places qualified childcare professionals for individual, hourly, time-limited, project-based or recurring assignments on Mallorca.

The childcare professionals provide their childcare services independently as self-employed service providers who are duly registered on the basis of the documents submitted to the Agency. Placement as a self-employed childcare professional takes place only where, on the basis of the circumstances known to the Agency, the intended arrangement appears compatible with the provision of services on a self-employed basis.

The contract for the actual childcare service is concluded exclusively between the Client and the Childcare Professional. Rent a Nanny Mallorca is not a party to this childcare agreement and does not itself owe the performance of the childcare service.
 

2.2 Role of the Agency

As part of the placement service, the Agency reviews the enquiry, matches it with suitable childcare professionals from its professional network and coordinates the organisational aspects up to the release of contact details.

The placement service may include, in particular, preparation of a non-binding childcare proposal, provision of an anonymised short profile, coordination of key framework conditions and, after full payment has been received and the required billing details are available, release of the full profile / dossier and the Childcare Professional's contact details.

No guarantee is given regarding the availability of individual childcare professionals, the duration of their availability, or the conclusion or continuation of a childcare arrangement.
 

2.3 Self-employment, Availability and Terms of the Childcare Professional

The childcare professionals act independently and on their own responsibility. They

• organise their own working times and decide which assignments they accept;
• set their own terms, in particular hourly fees, possible flat-rate fees, travel costs and other assignment-related expenses;
• agree the specific assignment details directly with the Client;
• invoice their childcare services directly to the Client.

Availability may change and, particularly during holiday periods, for short-notice enquiries or in the case of recurring needs, may only be confirmed closer to the respective assignment.

Unless expressly stated otherwise, prices communicated by the Childcare Professional are passed on by the Agency as the final prices quoted by the Childcare Professional. The self-employed Childcare Professional is solely responsible for the tax treatment and proper invoicing of their childcare services.
 

2.4 Service/Coordination Fee

A service/coordination fee is charged for selection, coordination, organisation, documentation and release of contact details. For individual, temporary and recurring childcare arrangements, this fee generally relates to the specific placement service offered in each case.

The amount of the service/coordination fee and the scope of the associated service are communicated transparently to the Client before the binding engagement as a final amount including statutory IVA. They depend in particular on the type, scope, urgency and coordination effort of the placement assignment.

For recurring childcare, additional or ongoing Agency fees are charged to the Client only if they have been expressly offered and agreed in advance. Separate contractual remuneration or commission agreements between the Agency and the self-employed Childcare Professional do not create any additional payment obligations for the Client.

For placement assignments that must be coordinated and completed within 72 hours before the requested start of childcare, an urgent service surcharge may additionally be charged. Any such urgent service surcharge will also be communicated transparently before the binding engagement as a final amount including statutory IVA.

The agreed service/coordination fee is due immediately upon the binding engagement of the Agency. Contact details and the full profile / dossier will only be released after full payment has been received and the information required for invoicing is available.

Once contact details have been released, the agreed initial placement service is deemed to have been performed. Provided that mandatory statutory consumer rights, in particular any existing right of withdrawal, do not provide otherwise, the service/coordination fee is non-refundable once the agreed placement service has been fully performed.

The service/coordination fee remains payable irrespective of whether the Client subsequently makes use of the arranged childcare, provided that the agreed Agency service has already been fully performed and mandatory statutory consumer rights do not provide otherwise.
 

2.5 Childcare Costs, Flat-rate Fees, Travel Costs and Expenses

The costs of the actual childcare are agreed and settled directly between the Client and the Childcare Professional.

Depending on the assignment, childcare costs may be calculated on the basis of an hourly fee or an individually agreed flat-rate fee. Travel costs and other assignment-related expenses, where applicable, are likewise agreed and settled directly between the Client and the Childcare Professional.

Rent a Nanny Mallorca does not issue invoices for the childcare service, travel costs or other expenses of the self-employed Childcare Professional.
 

2.6 Scope of the Placement Service

The Agency's initial placement service is deemed fully performed once, following receipt of payment, at least one suitable Childcare Professional has been released to the Client with a full profile / dossier and contact details, provided that the Childcare Professional

• meets the essential criteria of the enquiry;
• is generally suitable for the intended need or generally available for the requested assignment;
• has confirmed interest in the intended assignment or childcare requirement.

There is no entitlement to an unlimited number of further proposals. If a proposed Childcare Professional is no longer available before contact details are released, the Agency will make reasonable efforts, within its possibilities, to provide an alternative proposal. Successful replacement placement is not guaranteed.

For recurring childcare, full performance of the initial placement service relates to the placement and release of contact details. Any ongoing coordination by the Agency beyond this is owed only if expressly agreed.
 

2.7 Recurring Childcare

Recurring childcare exists in particular where the Client requires a self-employed Childcare Professional repeatedly, for example on certain weekdays or flexibly by prior arrangement.

After contact details have been released, the Client and the Childcare Professional may generally coordinate individual dates, working times and other specific details directly with one another. The Childcare Professional continues to act independently and decides for themselves whether to accept individual assignments and on what terms.

The Agency does not guarantee a specific number of future assignments or permanent availability. If the scope, regularity or organisational integration of the activity changes materially, a new assessment may be required as to whether the intended arrangement can still be considered self-employed activity or whether another childcare model, in particular employment in the private family household, would be more appropriate.

Recurring childcare does not in itself create an indefinite Agency contract with the Client. Any additional ongoing services by the Agency require a separate agreement.
 

2.8 Follow-up Assignments and Client Protection

Follow-up and repeat assignments with childcare professionals introduced to the Client by Rent a Nanny Mallorca are deemed to have arisen from the Agency's placement for a period of 18 months following the first introduction.

Direct scheduling and direct settlement between the Client and the Childcare Professional in accordance with these GTC are expressly permitted and do not constitute circumvention of the Agency. Arrangements specifically intended to circumvent the agreed placement process or expressly existing placement rules are not permitted.

Additional Agency fees are charged to the Client for follow-up or repeat assignments only if expressly agreed in advance.

If a person previously introduced as a self-employed Childcare Professional is later to be employed in a private family household, this must be coordinated with the Agency before the employment relationship is concluded. Any recruitment or placement fee requires a separate agreement with the Client.
 

3. Recruitment of qualified childcare professionals for long-term employment in private households, full-time or part-time

3.1 Subject Matter

Rent a Nanny Mallorca recruits suitable childcare professionals on behalf of the Client for long-term employment in the private household.

Before the binding engagement, the Agency may carry out a non-binding preliminary review of potential candidates from its existing network or applicant pool. Active, structured recruitment, however, begins only after the Agency has been engaged in text form and the agreed engagement fee has been received.
 

3.2 Basis for Calculating the Placement Fee

The placement fee is calculated on the basis of the effective total gross annual remuneration for the position to be filled. This includes in particular:

• the regular base salary
• contractually agreed additional payments
• benefits in kind, where these form part of the overall remuneration package, for example accommodation or meals
 

3.3 Placement Process and Fee Structure

Recruitment is carried out under a two-stage placement model.

1. Engagement Fee - Start of Recruitment

An individual engagement fee is agreed when the Agency is engaged. The amount may vary depending on the scope and complexity of the search assignment. Operational recruitment begins after the engagement has been confirmed in text form and the agreed engagement fee has been received.

The engagement fee remunerates the Agency's initial work. Mandatory statutory consumer rights, in particular the rules on withdrawal and proportionate payment where early commencement of services has been expressly requested, remain unaffected.

2. Placement Fee upon Successful Placement

Upon successful placement, a placement fee is charged. The amount depends on the type and scope of the search assignment and is generally 10% to 15% of the effective total gross annual remuneration plus statutory IVA. The Agency typically distinguishes between the following search models:
 

Standard Search
approx. 10% of total gross annual remuneration
 

Premium Search
approx. 12% to 15% of total gross annual remuneration

Premium search assignments may, for example, involve live-in nannies, rota nannies, multilingual or specialised childcare professionals, travel nannies, or positions in high-profile households.
 

The placement fee becomes due upon

• conclusion of an employment contract between the Client and a childcare professional introduced by Rent a Nanny Mallorca;
or
• the actual commencement of work by the placed childcare professional in the Client's household.

A successful placement is also deemed to have occurred if, within 18 months after a candidate has been introduced, the Client enters into an employment relationship with that person or the person actually commences work. The entitlement to the fee applies regardless of whether the contact is established directly or indirectly.

This also applies if the employment takes place through third parties, family members or other households, provided that the contact can be traced back to a previous introduction by Rent a Nanny Mallorca and a corresponding payment obligation has been agreed with the Client.

Candidate profiles or contact details may not be passed on to third parties without the Agency's prior consent.
 

4. General Provisions

4.1 Confidentiality

All information about childcare professionals provided by the Agency must be treated as confidential and is intended exclusively for the respective Client. Profiles, dossiers, contact details or other personal information may not be passed on to third parties without the prior consent of Rent a Nanny Mallorca.
 

4.2 Supervision and Performance of Childcare

The specific arrangement of the childcare, working times, handovers, the child's particular needs and any safety-relevant information must be agreed directly between the Client and the Childcare Professional.

During the actual childcare period, the Childcare Professional assumes the duties of supervision and care incumbent on them under the specific childcare agreement and the applicable legal provisions.
 

4.3 Liability

Rent a Nanny Mallorca owes the agreed placement or recruitment service, but not the actual childcare service of the self-employed Childcare Professional. The statutory liability provisions apply to any breach of duty by the Agency itself.

The self-employed Childcare Professional is responsible for the independent performance of the childcare. The Agency gives no warranty and assumes no responsibility for acts or omissions of the Childcare Professional unless the Agency is liable for them due to its own breach of duty or under mandatory statutory provisions.

No provision of these GTC excludes or limits liability where such exclusion or limitation is impermissible under mandatory law.
 

4.4 Data Protection

Information on data protection can be found at:
https://www.rentananny-mallorca.com/en/datenschutz
 

5. Right of Withdrawal for Distance Contracts

5.1 Statutory Right of Withdrawal

Consumers within the meaning of the applicable statutory provisions generally have a statutory right of withdrawal for contracts concluded at a distance or away from business premises. The withdrawal period is 14 days from the date on which the contract is concluded.

To exercise the right of withdrawal, it is sufficient to send an unambiguous statement to Rent a Nanny Mallorca, Astrid Flamer, Carrer Platja 1, 07560 Son Moro, St. Llorenç de Cardassar, Spain, e-mail: contact@rentananny-mallorca.com, indicating the decision to withdraw from the contract. To meet the deadline, it is sufficient for the withdrawal statement to be sent before the withdrawal period expires.

The model withdrawal form at the end of these GTC may be used but is not mandatory.

Effects of Withdrawal

In the event of a valid withdrawal, the Agency will refund payments received under the withdrawn contract without undue delay and no later than 14 days from the date on which the withdrawal statement is received by the Agency, subject to any proportionate payment legally due under Section 5.2 for services already performed. The refund will generally be made using the same means of payment as used for the original payment unless expressly agreed otherwise. The consumer will not incur any additional costs as a result.

5.2 Early Commencement of Services

If, at the Client's request, the Agency is to begin providing the paid service before the end of the 14-day withdrawal period, the Client must expressly request the early commencement of services. This express request must also include confirmation by the Client that they are aware that their right of withdrawal is lost once the Agency has fully performed the contract.

If the Client withdraws after expressly requesting early commencement of services but before the service has been fully performed, the Client must pay an appropriate amount for the services already performed up to the time of withdrawal. This amount is generally calculated in proportion to the part of the agreed overall service already performed.

In the placement of self-employed childcare professionals, the service may in particular be deemed fully performed once, following receipt of payment, the full profile / dossier and contact details of a suitable Childcare Professional have been released. For recruitment assignments, the level of performance is determined by the recruitment services actually performed up to the time of withdrawal.

Mandatory statutory consumer rights remain unaffected.
 

6. Engagement of the Agency and Applicability of these GTC

Before the binding engagement, the Client receives information on the specific scope of services, the agreed Agency fee and these GTC.

A binding engagement generally occurs when the Client confirms the specific placement or recruitment offer in text form and initiates or pays the agreed Agency fee, unless a different time for conclusion of the contract has expressly been agreed.

By bindingly engaging the Agency, the Client confirms that these GTC were made available to them before conclusion of the contract and that they accept them. As part of the engagement process, the GTC are provided to the Client on a durable medium, in particular as a PDF by e-mail, and are also available on the Rent a Nanny Mallorca website.

Consent to the early commencement of services during the withdrawal period is not replaced by general acceptance of these GTC alone; where required, such consent will be obtained separately and expressly.
 

7. Final Provisions

Spanish law applies. Mandatory consumer protection provisions that apply in favour of a Consumer under the applicable conflict-of-laws rules remain unaffected.

For consumers, the statutory rules on jurisdiction apply. In all other cases, where an agreement on jurisdiction is legally permissible, the competent court in Palma de Mallorca is agreed as the place of jurisdiction.

If any provision of these GTC is wholly or partly invalid or unenforceable, the statutory provisions shall apply in its place. The validity of the remaining provisions shall remain unaffected.

These General Terms and Conditions are provided in German and English. In the event of doubt, the German version shall prevail to the extent legally permissible.
 

Annex: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:

Rent a Nanny Mallorca
Astrid Flamer
Carrer Platja 1
07560 Son Moro, St. Llorenç de Cardassar
Spain

E-mail: contact@rentananny-mallorca.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service:

Engaged on: ____________________

Name of Consumer(s):

Address of Consumer(s):

Date: ____________________

Signature of Consumer(s)
(only if this form is submitted on paper):

(*) Delete as appropriate.

 

Version: August 2026