Provider, operator and responsible for these pages:
Friedrich Ebert Straße 16
Phone: +49 7222 / 5017212
For the purpose of avoiding unnecessary warnings and legal disputes and the resulting costs, we ask you in the event of an assertion of claims of any kind, first contact us. If claims are complained about, we assure you of a remedy at this point before a final legally binding clarification, which excludes a risk of repetition.
A cost note of a legal or comparable warning that is issued without prior contact will be rejected immediately due to non-compliance with the duty to mitigate damage. As a result of unnecessary or unjustified warnings and follow-up measures in this sense, a negative declaratory action will be responded to.
The Hamburg Regional Court decided per judgment dated May 12, 1998 that by including a link on ones page, one may also be accountable for the content included there. According to the verdict, this can only be prevented by expressly distancing yourself from this content. We have placed links to other sites on the Internet on various pages of "AuPair.ws". We expressly emphasize that we have no influence on the design and content of the linked pages and hereby expressly distance ourselves from all content of all linked pages on this website. This declaration and the entire disclaimer applies to all links on "AuPair.ws". According to § 28 BDSG, we object to any commercial use and disclosure of our data as well as all data which, regardless of the type of acquisition, were taken from these pages.
Content of the online offer
All pages of "AuPair.ws" are a placement offer made available for au pair applicants and host families who are looking for an au pair. The contents of this website have been created with the utmost care. The content of the website is used at the user's own risk. Liability claims against us relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded. The mere use of this website does not result in any contractual relationship between the user and the provider. We expressly reserve the right to change, supplement or delete parts of the pages or the entire offer or to temporarily or permanently cease publication without prior notice.
Referrals and Links
In the case of direct or indirect references to external websites ("hyperlinks") that lie outside our area of responsibility, liability would only come into effect if the author was aware of the content and it would be technically possible and reasonable for him to prevent use in the case of illegal content. We hereby expressly declare that no illegal content was discernible on the linked pages at the time the link was created. We have no influence whatsoever on the current and future design, the content or the authorship of the linked/connected pages. We therefore hereby expressly distance ourselves from all content on all linked / connected pages that were changed after the link was created. This statement applies to all links and references set within the website as well as to third-party entries, e.g. in guest books, discussion forums, link directories, mailing lists and in all other forms of databases whose content can be accessed externally. The provider of the page to which reference is made is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information, not the person who merely refers to the respective publication via links. Constant monitoring of the external links is not reasonable for the provider without concrete evidence of legal violations. However, if we become aware of any legal violations, such external links will be deleted immediately after they have been checked.
Copyright and ancillary copyrights
We endeavor to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use self-created images, graphics, sound documents, video sequences and texts or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the property rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn from the mere mention! The copyright for published objects created by us lies solely with us. Reproduction or use of such graphics, photos, sound documents, video sequences and texts in other electronic or printed publications is not permitted without our express consent. The integration and presentation of this website in frames on external websites is only permitted with our written permission.
We expressly point out the possibility of spying by criminal third parties, which cannot be completely ruled out, since data transmission on the Internet (e.g. when communicating by e-mail) has security gaps and cannot be completely protected against access by third parties. In this respect, we strongly advise our customers to use encrypted communication channels that are protected against manipulation. The use of the contact details in the imprint for commercial advertising is expressly not desired unless we have given our prior written consent or a business relationship already exists. The provider and all persons named on this website hereby object to any unauthorized commercial use and disclosure of their data. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.
Legal validity of this disclaimer
This disclaimer is to be regarded as part of the AuPair.ws website. If parts or individual formulations of this text do not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.
terms and conditions
1. Scope and conclusion of contract
Subject of the contract for all orders to the agency
Friedrich Ebert Straße 16
hereinafter referred to as AuPair.ws, these general terms and conditions apply exclusively in the form valid on the day the order was placed, even if no direct reference is made to them. At the latest when the order is placed, these conditions are considered to be accepted. Conflicting conditions of our clients are not part of the contract, even if we do not expressly contradict these conditions. Special agreements are only valid with our written confirmation.
AuPair.ws can send all declarations, documents, photos and papers electronically to our clients and receive them from them.
Constant telephone availability cannot and is not guaranteed or promised. If we cannot be reached by telephone, our support center is available on our website and its functions enable us to be reached to the expected extent.
A fundamental right to the publication of complete application profiles of the AuPair applicants does not exist. A binding placement order only comes into effect when the placement contract is signed. All personal data and information in the registration forms will be treated as strictly confidential and will only be used to complete your order. The authorized transfer of the contact details between host family and AuPair by us excludes the possibility of an unsolicited application by the AuPair applicant or an invitation of the AuPair by the host family without our agency. An infringement does not affect our claim to the agreed brokerage commission.
The contractual partners are aware that the service to be provided is a service that includes the recruitment, selection and placement of AuPair applicants. This service is considered contractually fulfilled when the AuPair visa is issued, at the latest when the AuPair arrives at the host family. A successful implementation of the stay is not owed. AuPair.ws offers the host family accompaniment and support for all questions and problems relating to the stay during the entire stay of their AuPair and supports them in the event of a new placement or a change of AuPair.
The host family is expressly prohibited from forwarding contact details and personal data of AuPair applicants to third parties - in particular to other AuPair agencies or other host families or to use them in any other way - without our written consent. All AuPair applications and profiles made available to the customer by us are only intended for his personal use. A transfer to third parties is not permitted, even after the end of the contractual relationship.
We reserve the right to temporarily or completely exclude host families or AuPairs from further placement and to refuse further fulfillment of the contract.
The reasons can be:
Statements were made about placement that violate the law
The determination that the European agreement on AuPair employment has been abused for purposes other than the natural purposes of this agreement.
The omission or non-existence of the prerequisites for basic participation in the AuPair program
Violations of the placement contract
Default of payment on the part of the client
In the event of illegal violations, we are also entitled to report the process to the responsible authorities, if necessary.
4. Prices / Payment
All prices are in EURO (€), are non-negotiable and include the statutory VAT. With the appearance of new price lists, all previous price lists lose their validity; even if the customer was not informed of the new publication of a price list. A processing fee must be paid for the conclusion of the brokerage contract, which is fully deducted from the brokerage commission after the brokerage has taken place and the amount of which results from our price list or from individually made agreements.
With the signing of the AuPair contract, 50% of the agreed commission less any processing fee that may have been paid becomes due for payment. The entire placement commission is agreed to be earned and is due for payment when the visa for the AuPair is issued by the responsible embassy. If the host family has decided to take on a change AuPair, the entire placement commission is due for payment on the day the AuPair arrives at the host family. The offsetting of counterclaims by the customer against our claim is only permissible in the case of legally binding or undisputed claims by the customer. Several clients are jointly and severally liable for the agreed commission.
Payment obligations are only considered fulfilled after receipt of payment on our account, whereby each payment is initially offset against the oldest debt. In the event of default in payment, default interest of 5% above the respective discount rate of the European Central Bank plus all costs and expenses incurred are due with the 2nd reminder for the entire period of default in payment. In such a case, we are free to refuse further fulfillment of the contract until further notice. If our payment claim is endangered or if we are forced to admonish a client through repeated payment delays, further services will only be provided against prepayment, contrary to any existing agreements.
5. Obligations of the host family and the AuPair
The duties of the host family and the AuPair are essentially based on the European agreement on AuPair employment and the leaflet "Au pair in German families" from the Federal Employment Agency and are summarized again in our AuPair guidelines for the respective party.
6. Rescission / non-occurrence
If the host family withdraws from the AuPair contract after it has been sign up, but before the AuPair arrives or arrives, for reasons for which we are not responsible, we must be informed in writing. In this case, the host family is obliged to reimburse the AuPair's expenses incurred to date (visa fees, previous travel expenses, etc.). In this case, the first half of the brokerage commission less any processing fee paid for our expenses already incurred is also due.
If an AuPair does not receive a visa from the responsible German embassy for reasons for which the host family is not responsible, or if they withdraw from the AuPair contract before arrival, we offer the host family a new placement without additional costs. If this new placement is not desired or cannot be carried out despite all efforts, we will refund the first half of the placement commission less any processing fee that may have been paid for our expenses already incurred. Further claims against us of any kind are excluded.
In the event of termination within the first 4 weeks after the start of the AuPair activity, we declare our willingness to carry out a one-time re-placement at half of the originally agreed placement commission, provided that the host family has not acted in breach of contract. To do this, we must have received the written notice of termination within the first 4 weeks after the AuPair's arrival. The offer of a new placement of an AuPair at half of the originally agreed placement commission expires after 12 months from the date of termination of the AuPair contract.
This is excluded
when finding an AuPair that the host family is looking for themselves
if the family has not fulfilled their obligations stated in the AuPair guidelines
if the host family is at fault for the separation
A refund or withholding of the contractually agreed brokerage commission is excluded in these cases. Likewise, no claims for damages of any kind can be derived from this.
7. Termination of the AuPair relationship
The maximum contract term of the AuPair contract results from the maximum length of stay permitted by law for EU/EEA or non-EU/EEA AuPairs, which for Germany usually is 12 months.
The AuPair contract ends at the latest
upon expiry of the visa of the mediated AuPair
with cancellation of the work permit by the Federal Employment Agency (Bundesagentur für Arbeit)
if one of the contracting parties terminates the AuPair contract in due time with a notice period of 14 days.
if one of the contracting parties terminates the AuPair contract without notice
A termination must always be in writing to the other contracting party and must be notified to us in writing within 3 days, stating the reasons and submitting the letter of termination. The period of notice begins on the date of delivery of the notice of termination to the other contracting party.
In the case of a proper termination of the AuPair contract, the AuPair is to continue to be granted the agreed and statutory services until further placement - but at the longest until the end of the period of notice; in particular meals, accommodation, pocket money and health insurance.
If there are serious reasons that make it impossible to continue the AuPair employment, the AuPair contract can be terminated by either party without notice.
gross violation of the duty of supervision
multiple drug or alcohol abuse
Violence against the children or the AuPair
Non-payment of the AuPair
Multiple and continued breaches of the AuPair Agreement or AuPair Policies
Extraordinary termination must also be made in writing, stating the reasons for termination, and we must be notified in writing within 3 days.
In addition to a serious reason, termination without notice also requires the host family to organize the AuPair's homeward journey, provided that further placement is impossible or impossible. If the AuPair does not have the necessary financial means to travel home, the responsible immigration authorities can request that the host family bear the return journey costs. The organization of the AuPair's return journey is always the responsibility of the client, but requires consultation with AuPair.ws.
The host family is expressly prohibited from asking the AuPair to leave the family's home environment without the AuPair's further whereabouts being assured. It is also forbidden to send the AuPair to AuPair.ws for further residence. In the event of an infringement, AuPair.ws will charge the host family a daily flat rate of € 85.00 for meals and accommodation for the AuPair, plus any travel expenses incurred.
The host family is also not entitled, after termination of the AuPair relationship, to arrange for the AuPair to be referred without consulting us. The placement of the AuPair by another AuPair agency also requires our written consent. In the event of an infringement, AuPair.ws is entitled to charge the contractual partner for the agency commission lost as a result.
8. Limitations of Liability and Disclaimer
The contractual partners release us from any responsibility for the development of the AuPair relationship.
In particular, the following are excluded from our liability:
Inaccuracies in the information given in forms, questionnaires, references, letters, photos, etc. and all the consequences resulting therefrom
Costs of the host family for prepaid costs and services for the AuPair
Damage caused or caused by possible contagious diseases of the AuPair
Damage caused directly or indirectly by the AuPair to the host family or third parties
Payment obligations of the AuPair towards the host family or third parties
The failure of a placement due to reasons for which we are not responsible and all the consequences resulting therefrom
The failure of the AuPair relationship and all the resulting consequences
Additional costs or downtime due to sudden cancellation or termination of an AuPair
Consequences by a visa refusal by the embassy
Costs that arise or have arisen due to official orders
If the contractor causes damage for any reason through his placement activity, he is only liable if proof of intent is provided.
The occurrence of damage of any kind does not release the client(s) from paying the brokerage commission.
For the approval of an AuPair stay, the applicants and the host families must be checked by the responsible German authorities.
AuPair.ws as an intermediary is not able to bypass, shorten or in any way accelerate or influence this approval process.
We are not responsible for delays in the approval process due to incomplete or incorrect information on the part of the host family or the AuPair, official holidays, absences due to illness or items lost in the mail and the resulting non-compliance with a promised entry date, and we do not entitle the client to withdraw from the contract or to reduce the brokerage commission. The cooperation of the host family with the respective visa matters also has no influence on the placement commission.
The host family agrees that their personal details, photos, profiles for the processing of the AuPair placement order will be processed by us and forwarded to third parties and stored, insofar as this takes place in the context of the placement and care activity or for billing purposes.
These people can be:
Colleagues and partner agencies at home and abroad
Authorities at home and abroad
All data is sent via our server architecture, if possible in encrypted form and protected against manipulation.
In this context, however, we expressly point out the possibility of data being spied on by criminal third parties, which cannot be completely ruled out.
10. Final Provisions
German law applies to all orders placed with us. The invalidity of one or more provisions of these terms and conditions does not affect the validity of the others. Should one or more provisions be invalid, they will be replaced by a similar provision that comes as close as possible to the invalid provision and that takes reasonable account of the interests of both contracting parties and is to be expected if the original provision had been known to be invalid. The same applies to the incompleteness of the general terms and conditions.
Subsidiary agreements and changes require our written confirmation. As far as legally permissible, the place of jurisdiction for all proceedings, including dunning proceedings, shall be Rastatt for both contracting parties.
The person responsible within the meaning of the DSGVO and the Federal Data Protection Act - BDSG is:
Friedrich Ebert Straße 16
Phone: +49 7222 / 5017202
General information on data processing
For what purpose do we use your data?
We collect your data
as far as this is necessary for the use of the services offered by us
to enable clients to use our services and performance
to bill after use or provision of these services and performances.
to provide and optimize a functional website
The processing of personal data of our users takes place regularly only with your consent. An exception applies in such cases in which the processing of the data is permitted by statutory provisions. Except in the case of official orders, data will only be passed on to third parties as part of the fulfillment of the order.
How is your data collected?
Your data is mainly collected by providing it to us.
This can be about
Data you enter in a contact form
Data that you send us as part of a placement or application process.
Automatically collected data or data collected by our servers with your consent when you visit the website, in particular technical data (e.g. Internet browser used, your operating system or the time the page was accessed. This data is collected automatically as soon as you visit our website.
Legal bases for the processing of personal data
The legal basis for the processing of personal data, the collection of which is necessary to fulfill a contract with you as a contracting party (e.g. when arranging an au pair), is Article 6 (1) (b) GDPR. This also applies to pre-contractual measures.
Data Erasure and Storage Duration
Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies, they are no longer required to fulfill the contract or the agreed purpose of use no longer applies and there is no legal obligation to retain them.
The location of our servers is Germany
Transfer of data to third countries
Provision of the website and creation of log files (log files)
Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is logged:
Information about the browser type and version used
the user's operating system
the IP address of the user
Date and time of access
Websites from which the user's system accesses our website are saved as referrers
Legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6 Paragraph 1 Letter e DSGVO in conjunction with § 3 BDSG-new.
Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The IP is stored on the delivery servers for 60 days. This serves to ensure operation and protection against attacks (e.g. DDOS)
Duration of storage
The log files are stored centrally and are deleted as soon as they are no longer required for our recording purposes.
Possibility of objection and elimination
The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
Description and scope of data processing
Legal basis for data processing
Cookies that are required to carry out the electronic communication process or for certain functions you request (e.g. for generating support requests) or to optimize the website (e.g. cookies for measuring web audience) (necessary cookies ), are stored on the basis of Art. 6 Para. 1 lit. f DSGVO, unless another legal basis is given. As the website operator, we have a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of our services. If consent to the storage of cookies and comparable recognition technologies was requested, processing takes place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG). The consent can be revoked at any time.
Purpose of data processing
The purpose of using technically necessary cookies is to enable the use of the website and the support center. The user data collected by technically necessary cookies are not used to create user profiles.
Duration of storage, Right of objection and right of removal
Contact form, e-mail contact, postal and telephone contact
Description and scope of data processing
There are contact forms on our website which can be used for electronic contact on various topics. If you make use of these options, the data entered in the corresponding input mask will be transmitted to us and saved.
These data is regular:
Your first and last name
Your email address
The subject of your request
Your message to us
In addition, there may be:
Your customer number
Your phone number
At the time the message is sent, the following data is also stored:
The IP address of the user
Date and time of the request
Your consent will be obtained for the processing of the data during the sending process and reference will be made to this data protection declaration. The same applies to registering in our support center. Alternatively, you can contact us via the email address provided or by post. In this case, the user's personal data transmitted by e-mail and by post will be stored. In the case of a telephone call, the telephone number is temporarily stored if the telephone number is transmitted automatically or the recording is requested. In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 Abs. 1 lit. e DSGVO.
If the e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 Abs. 1 lit. b DSGVO.
Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. The purpose of storing the phone number is to enable a requested callback and to avoid misuse of the service offering. No further personal data is collected.
Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The additional personal data collected during the sending process are linked to the associated processes and are also deleted when they are deleted. Registering with the Support Center puts you in control of how you communicate with us. Of course, you have the right to delete these communication processes at any time. The telephone numbers transmitted during a telephone call will be deleted after one year at the latest.
Right of objection and right of removal
The user has the right to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, for example, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data that was saved in the course of making contact will be deleted in this case.
Embedding YouTube videos
YouTube videos from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 ("Google") are integrated on our website. Further information on the purpose and scope of the data collection and its processing by the provider can be found in the data protection declarations of the provider. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. You can find an opt-out option with the provider at: https://adssettings.google.com/authenticated.
Instruction about your rights
If your personal data is processed, you are a data subject within the meaning of the DSGVO and you have rights vis-à-vis the person responsible.
You can exercise the following rights at any time using the contact details provided for the person responsible:
Information about your data stored by us and their processing (Art. 15 DSGVO),
Correction of incorrect personal data (Art. 16 DSGVO),
Deletion of your data stored by us (Art. 17 DSGVO),
Restriction of data processing if we are not yet allowed to delete your data due to legal obligations (Art. 18 DSGVO),
Objection to the processing of your data by us (Art. 21 DSGVO) and data transferability, provided that you have consented to the data processing or have concluded a contract with us (Art. 20 DSGVO).
If you have given us your consent, you can revoke this at any time with effect for the future. You can contact a supervisory authority at any time with a complaint, e.g. B. to the competent supervisory authority of the federal state of your place of residence or to the authority responsible for us as the responsible body. The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.
You can find a list of the supervisory authorities with their addresses at: https://www.bfdi.bund.de/DE/Service/Anschriften/anschriften_table.html
Subject to change
Due to the further development of our website or due to changed legal requirements, it may become necessary to change this data protection declaration. The person responsible will inform the users about changes in the data protection regulations in an appropriate manner.