Terms and conditions

You can cancel the order free of charge up to 7 days before the scheduled execution of cleaning services/other business services after signing the quotation. If you cancel within 7 days before the start of the work, we will charge you 50% of the quoted amount. If you cancel the order within 24 hours before the start of the work, you are required to pay the full quoted amount.

An appointment for an inspection of the work or other business services can be cancelled free of charge up to 24 hours in advance. After that, a call-out fee of €45 will be charged.

Established by: Lavos Totaal Service

Article 1: Definitions 

  • A. – Work: Cleaning services and/or other business services.
  • B. – Parties:
    • 1. Client: The natural or legal person on whose behalf the work is performed under these terms and conditions. A natural or legal person on whose behalf subcontracted cleaning services and/or other business services are performed but who has contracted these services themselves is not considered a client in the context of these terms (refer to Subcontracting Terms and Conditions).
    • 2. Contractor: The natural or legal person performing the agreed services for the client under these terms and conditions.
  • C. – Work Programme: A form on which the contractor, in consultation with the client, specifies a description of the agreed tasks, including, where possible, the location, time, and frequency of the various tasks. D. Object: The building, residence, office, sanitary facilities, etc., to be cleaned.

Article 2: Quotation

  • All quotations are non-binding unless stated otherwise in writing.
  • Cancelling a signed quotation within 7 days before the start of the work is free of charge.
  • Cancelling within 5 days before the start of the work incurs a charge of 50% of the quoted amount.

Article 3: Order Confirmation or signed quotation

  • A. – Once the contractor confirms the agreement by sending the client the order confirmation along with the work programme, the contractor assumes that the client fully agrees unless the client notifies the contractor otherwise in writing via registered mail within 8 days of receipt of the order confirmation and work programme.
  • B. – Only the terms set out in the order confirmation and accompanying work programme determine the content of the agreement between the parties.
  • C. – For one-off work, the client is deemed to agree by signing the order confirmation or allowing the commencement of the work.

Article 4: Amendments to the Agreement

  • A. – Changes to what has been agreed upon in the order confirmation are binding only if both parties agree in writing through an addendum to the original order confirmation or quotation.

Article 5: Subcontracting

  • A. – The contractor will only outsource the execution of the agreement to third parties with the client's written consent. This consent is not required for window cleaning or one-off tasks.
  • B. –  The contractor will inform the client if window cleaning and/or one-off tasks are outsourced to third parties.
  • C. – The Subcontracting Terms and Conditions apply to subcontracting for the contractor's benefit.

Article 6: Execution of the Agreement

  • A. – The work will be carried out in accordance with the work programme.
  • B. – If, during the execution of the agreement, minor deviations prove necessary or desirable and can also be implemented, the contractor may adjust the execution at their discretion without changing the price. However, this is permitted only if the modified work programme ensures at least comparable quality, and the deviations are communicated to the client.
  • C. – If it becomes apparent during the execution of the agreement that permanent deviations from the work programme are necessary, and if these deviations require a price adjustment, such price adjustments will be made in consultation between the parties in accordance with Article 4.
  • D. – Unless otherwise agreed, the work will be performed only on weekdays – excluding Christian or national holidays – from Monday to Friday. If unforeseen exceptional circumstances make this necessary, the client or the contractor may agree to deviate from this arrangement.

Article 7: Contract Compliance and Control

  • A. – If, during the term of the agreement, the client observes that the execution of the work programme significantly deviates negatively from what was agreed, or if the client observes, based on a quality control system agreed upon in writing in advance between the parties, that the result of the work programme falls significantly below the agreed standard, the client will immediately inform the contractor in writing of the observed deviations.
  • B. – The written notification must include: 1. A precise description of the time, location, nature, and severity of the observed deviation(s). 2. A reasonable period within which the contractor must correct the deviation(s).
  • C. – If the contractor does not correct the deviation(s) within the stipulated period or fails to do so adequately, the client is entitled to terminate the agreement immediately without judicial intervention.
    The client must notify the contractor of the termination in writing via registered mail. However, the agreement cannot be terminated if the deviation is the first observed within a 6-month period or if the deviation is of such minor importance that termination would be unreasonable considering the interests of both parties.

Article 8: Supplies and Equipment

  • A. – All costs for the supplies and cleaning materials required for the execution of the agreement are included in the price, except for mould removal, descaling, and specialised floor cleaning. The contractor is free to choose the supplies and cleaning materials unless otherwise agreed.
  • B. – Contrary to paragraph A above, the client must provide the necessary water, electricity, and gas for executing the work programme free of charge. For exterior window cleaning, the contractor is allowed to use, free of charge, the facilities provided at the building for exterior work.
  • C. – In consultation between the client and the contractor, adequate lockable storage spaces (e.g., closets) for storing materials will be provided exclusively for the contractor's use and at no charge. The client is required to manage the contractor's equipment (including materials, tools, and machines) stored and used on-site responsibly, ensuring the premises are securely locked and all measures necessary for the preservation of the equipment are taken. All materials, tools, and machines used for the cleaning services remain the contractor's property. The client must cooperate in returning these items upon the contractor's request.
  • D. – In consultation with the contractor, the client will provide sufficient facilities free of charge for the contractor's staff, such as cloakrooms and storage areas.

Article 9: Pricing

  • A. – The price is based on the client's specifications and the conditions present or specified at the time of inspection, including the size, occupancy, furnishings, inventory, use, and purpose of the object.
  • B. – If changes occur in the conditions outlined in paragraph A that necessitate price adjustments, such adjustments will be made in consultation with the client and in accordance with Article 4.
  • C. – If, during the term of the agreement, changes occur in wages or other contractor costs due to amendments in the relevant collective labour agreements or as a result of mandatory laws, decrees, or government regulations, or if changes occur in the costs of supplies, materials, transport, and the like, the contract price will be adjusted accordingly.

Article 10: Payment

  • A. – Invoices will be issued according to the schedule specified in the quotation. If no specific schedule is provided, invoicing will occur no later than the third week of the calendar month or four-week period. Payments must be made within 7 days of the invoice date. For private clients, it is not possible to pay on account; payments must be made by card immediately after the work is completed.
  • B. – If payment is not made within the specified period, statutory interest will be charged.
  • C. – The contractor has the right to suspend work if the client fails to meet payment obligations despite reminders.
  • D. – All costs associated with judicial or extrajudicial recovery are borne by the client. Extrajudicial costs are set at 15% of the principal amount.
  • E. – The client is not allowed to offset their (alleged) claims against the contractor.

Article 11: Retention of Title

When the contractor sells goods to the client, such as cleaning materials and sanitary products, the contractor retains ownership of the goods until the related invoices are paid by the client. The contractor has the right to reclaim unused goods after the payment deadline for the related invoices has passed, without further notice.

Article 12: Liability

  • A. – The contractor is liable only for damage to the building, inventory, personnel, or property of the client's staff caused by negligence or default by the contractor, its staff, or subcontractors during the execution of the agreed work. Liability is capped at €1,134,000 per incident. The contractor is not liable for damages exceeding this amount. Parties may agree in writing to a higher cap, as outlined in paragraph B of this article.
  • B. – If requested, the contractor's liability for damage resulting from intentional misconduct or gross negligence can be increased to a maximum of €2,500,000 per incident. The additional insurance costs for this extension will be charged to the client unless otherwise agreed.
  • C. – Liability for damages, as outlined in paragraphs A and B, is limited to direct material damage and personal injury. The contractor is never liable for financial loss or consequential damages. In the case of lost keys, only the replacement costs of the keys will be reimbursed.
  • D. – The contractor has liability insurance (AVB) in place for the aforementioned liabilities. For items under the contractor's care, the damage will only be reimbursed up to the insured amount, with a minimum of €50,000 per claim and €100,000 per policy year.
  • E. – The contractor is not liable for any damages not specified in this article.
  • F. - The contractor accepts no liability for damages to plants, lawns, paving, pipes, wells, etc., caused by the use of aerial work platforms.
  • G. – The client indemnifies the contractor against claims from third parties for damages incurred as a result of executing this agreement.
  • H. – The client must report damages within 14 days of the incident.

Article 13: Non-Solicitation Clause

  • A. – The client is prohibited from hiring the contractor's employees or engaging them directly or indirectly for work without the contractor's involvement during the term of their employment or the term of the agreement and for a period of 6 months following its termination.
  • B. – If the client violates this clause by employing or engaging the contractor's employees within the specified period, the client will incur a penalty of €500 per employee per week or part thereof for the duration of the employment or engagement.

Article 14: Duration and Termination of the Agreement

  • A. – The agreement is deemed to be concluded for an indefinite period unless explicitly agreed otherwise.
  • B. – Termination of the agreement by either party must be done in writing via registered mail, with a minimum notice period of 3 months. The notice period commences: - For termination by the contractor: upon receipt of the registered notice by the client. - For termination by the client: 1. If the contractor participates in a new tender process: upon notification of the new contractor. 2. If the contractor does not participate: upon receipt of the registered notice, provided that at least 1 month of the notice period follows the notification of the new contractor or decision to retender.
  • C. – Both parties are entitled to terminate the agreement immediately without judicial intervention if: 1. The other party applies for suspension of payment. 2. The other party is declared bankrupt.

Article 15: Contract Transition and Employment

  • A. – The contractor will remunerate its staff in accordance with the applicable collective labour agreement (CLA) provisions and ensure compliance with tax and social security obligations. The contractor indemnifies the client against related claims.
  • B. – The contractor adheres to the employment provisions for contract transitions as specified in the CLA for the Cleaning and Window Cleaning Industry. This includes cooperating with other involved contractors to retain as much employment as possible during transitions.
  • C. – If the client takes cleaning services in-house following contract termination, Articles 7:662 et seq. of the Dutch Civil Code on business transfers will apply.

Article 16: Force Majeure

  • A. – If the agreed work cannot be carried out temporarily (for a maximum of 3 months) due to force majeure on the client’s side, the client is not entitled to a price reduction for that period.
  • B. – If the force majeure lasts longer than 3 months, the contractor and client will discuss a revised price for the remainder of the force majeure period.
  • C. – Measures taken by the client that temporarily limit the contractor’s ability to perform work do not entitle the client to a price reduction.

Article 17: Disputes

  • A. – All disputes regarding the interpretation, execution, or termination of the agreement will be submitted exclusively to the Arbitration Board for the Cleaning and Business Services Industry, excluding the civil courts and appeals. A dispute exists when one party declares it so in writing via registered mail to the other party.
  • B. – Arbitration suspends the ability to consider the agreement terminated due to the facts leading to the dispute.
  • C. – The Arbitration Board will settle the dispute in accordance with its applicable regulations.