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(2) The detailed contractual provisions of the contracting partner AuPairCare (Au Pair Agreement)
exclusively applies to the procured contractual relationship as au pair that each au pair receives a
copy thereof in English with the complete application documents.
(3) Upon the conclusion of the au pair contract, the provisions named therein are legally binding upon
the au pair and the host family.
§ 2 Services
(1) Ayusa-Intrax obligates itself to inform the au pair of the relevant provisions and instructions
concerning the au pair program in the USA.
(2) The following services are contained in the AuPairCare program:
• Placement as au pair with an American host family including food, lodging, and pocket money
• Outbound flight from a main Spanish airport
• Return flight upon successful completion of the program
• Assistance with visa application (visa fees are additional)
• Health, accident, liability, and luggage insurance for 12 months
• Assistance during the entire application process including a personal interview as well as during
the au pair stay by Ayusa-Intrax
• Local support by an AuPairCare employee
• 24-hour emergency numbers in the USA
(1) The au pair obligates him or herself to adhere to the applicable provisions regarding the au pair
program as well as laws and rules of Spain.
(2) The au pair must fulfil all prerequisites for the au pair program in the USA.
(3) The au pair must have all necessary documents on time for the application and the visa.
(4) The au pair is familiar with the detailed contract terms of the au pair program of AuPairCare and
will adhere to them.
(5) The au pair obligates him or herself to adhere to the laws of the host country.
(1) Acceptance of the procurement assignment takes place by transmission of the completed
application documentation of the au pair in the USA and the transmission of a written confirmation
by Ayusa-Intrax to the au pair. The au pair bears no costs for the award of the procurement
assignment.
(2) All documents required for the au pair program in the USA must be completed truthfully by the au
pair.
(3) In order to ensure the quickest and most successful placement of the au pair as possible, a brief
profile (photo and short description) of the au pair will be published on the website of AuPairCare.
(4) Neither Ayusa-Intrax in Germany nor AuPairCare in the USA assume a guarantee for placement as
an au pair in an American host family, because the American host family selects their applicant of
choice.
(5) Likewise, in respect of the starting date sought by the au pair the agency assumes no guarantee
and no liability. The same applies to additional desires and conditions of the au pair in the
application procedure.
(6) Ayusa-Intrax accompanies the au pair from the start of the application procedure to the conclusion
of the au pair stay in the destination country. Upon arrival in the destination country the primary
contact for the au pair is AuPairCare.
(7) The placement recommendations given to the au pair are exclusively for the au pair. Passing on to
third persons is prohibited.
(8) If the host family in the host country is no longer available prior to the start of travel for reasons as
to which the au pair is not responsible, the au pair has the right to be recommended for placement
with a different host family in the destination country at no further cost, to the extent a suitable
one can be found.
§ 5 Payment
(1) When a family in the USA decides in favour of an au pair, the au pair receives a request for payment
from Ayusa-Intrax GmbH for the program fee, which is currently €699 or reduced, €499. The visa
documents for the au pair will be sent only after receipt of the program fee by Ayusa-Intrax GmbH.
§ 6 Passport / Visa
The au pair is responsible for obtaining the necessary passport, visa, and other necessary
certificates. Ayusa-Intrax supports the au pair in applications but has no influence over approvals.
(1) The au pair can withdraw from the placement assignment prior to the start of the travel at any
time. The withdrawal must be notified to Ayusa-Intrax GmbH. For the avoidance of
misunderstandings and as proof we recommend that withdrawal be notified in writing. If
withdrawal takes place prior to placement with a host family in the country of destination the au
pair does not incur any costs or fees. Upon withdrawal after placement with the American host
family but prior to travel to the USA, Ayusa-Intrax GmbH is entitled to request reasonable
compensation in the amount of € 312. This also applies to (but not only to) non-approval of the visa
by the American authorities. The au pair has the right to show that no damage has occurred or that
it was significantly less. In the event that a flight is part of the package of services, reasonable
compensation amounts to € 624.
§ 8 Exclusion
Ayusa-Intrax retains the right to exclude the au pair from placement for provision of significant
false information, violation of statutory provisions, or for non-fulfilment of prerequisites.
Ayusa-Intrax is liable vis-à-vis the au pair for damage that is not physical injury only in an amount
that is three times the cost of the travel to the extent the damage to the au pair was not caused
intentionally or through gross negligence or if Ayusa-Intrax is solely responsible for damage suffered
by the au pair based upon the fault of a service provider. If an international treaty or statutory
provisions based thereupon are applicable to a travel service to be provided by a service provider,
pursuant to which a claim for damages arises or can be asserted only under certain circumstances
or with certain limitations or is excluded under certain circumstances, Ayusa-Intrax GmbH can
assert this vis-à-vis the au pair as well.
§ 10 Amendments
(1) Amendments or additions to these general terms and conditions must be in writing.
(2) The contract is subject to German law.
§ 11 Severability Clause
If individual terms of this contract are ineffective or unenforceable in whole or in part or as a result
of statutory amendments after the conclusion of the contract become ineffective or unenforceable,
the remaining contract terms and the effectiveness of the contract shall not be affected thereby. In
place of the ineffective or unenforceable provision, a provision that is effective and enforceable and
that comes closest to the meaning and purpose of the ineffective or unenforceable provision shall be
inserted.
(1) In order to be able to successfully place participants in the au pair program and to fulfil the services
set forth in § 2 of the participation contract, Ayusa-Intrax must collect and process a variety of
personal data. Detailed information on the purposes and scope of the data collection, processing,
and use can be found in the accompanying
"Information Sheet for Au Pair Participants: Collection and Processing of Personal Data by Ayusa-
Intrax." The au pair is aware that this is a part of the contract and is only printed out separately for
the purpose of clarity.
(2) Ayusa-Intrax must also pose questions to the au pair regarding his or her health and ask his or her
religion for the purpose of conducting the application procedure and for the search for a host family.
The data will be transmitted to AuPairCare and potential host families to the extent necessary for
placement with a suitable local host family as well as for supporting the au pair in the host country.
In individual cases participation in the program may not be possible because of health limitations.
Upon signing this contract the au pair agrees to the collection, processing, and use of this particular
personal data.
(3) A brief description based upon the application documents will be published in the Internet by the
local partner organisation to facilitate the search for a host family in the host country. This includes
first name, age, country of birth, up to two photos, and a brief description of the au pair, and his or
her hobbies and interests (see § 4 (3) of this contract). Upon signing this contract the au pair
consents to the publication of this information.
(4) Submission of the following declarations of consent is voluntary and consent given can be withdrawn
at any time. Without the declarations of consent, however, participation in the application
procedure and participation in the au pair program with placement in a host family through Ayusa-
Intrax is generally not possible.
Upon signing this contract I agree that information about my health (e.g., allergies and previous illnesses)
together with my religious convictions will be collected, processed, and used by Ayusa-Intrax GmbH
during the application process and will be transmitted to the partner organisation (staffed by
employees and volunteers), potential host families, and host families in the host country to the
extent specifically needed for participation in the au pair program and the search for and placement
with a host family in accordance with the accompanying "Information Sheet for Au Pair Participants:
Collection and Processing of Personal Data by Ayusa-Intrax."
Upon signing this contract I further agree that the local partner organisation, pursuant to the
accompanying "Information Sheet for Au Pair Participants: Collection and Processing of Personal
Data by Ayusa-Intrax" will publish some information from my application in the form of a brief au
pair profile in the Internet.
Miscellaneous Provisions
I confirm that the information I provided in the au pair application is true and that I am familiar with,
understand, and will adhere to the country-specific general conditions of the au pair program in
the USA as set forth on www.aupaircare.es.
I have completely and thoroughly read this contract and the conditions of participation and have had the
opportunity to ask questions about their meaning. I have understood all and accept the contract
and the participation conditions.
Date:
Name (printed):
Signature:
Please name two different contact persons, who can be contacted in the event of an emergency (please
provide different contact data and give mobile telephone numbers if possible!).
1. Emergency Contact
2. Emergency Contact
Last name, first name, mobile telephone number, email address, relationship
The information that we need for this is collected as part of the application documents. Depending on the
host country selected, the application documents will either be sent to the au pair as forms via email
and/or the applicant will set up their own personal and password-secured online access to the application
documents. In addition, data from a personal or telephone interview for preparation in both the home
and host country – as well as for support of the au pair in the host country, will be collected and used to
the extent necessary for the fulfilment of the participation contract.
The application documents to a large extent are in English, which is necessary for placement with a host
family and, among others, also encompass a health certificate and information on religious affiliation.
Some information from the application documents may be published on the Internet by the local partner
organization in support of the search for a host family. This encompasses photos, first name, age, gender,
nationality, time spent on child care, availability, and where applicable, foreign language, swimming,
and driving abilities, together with special food needs and an application video. The au pair consented to
the publication of this information in the participation contract.
After conclusion of the au pair stay we use the contact data of the au pair for an invitation to a returnee
reunion, for providing information regarding the possibility of volunteering at Ayusa-Intrax, and to
motivate them to participate in returnee work.
3. Recipients of Data
Recipients of the data are insurance companies, travel agencies, the partner organizations of Ayusa-
Intrax in the host country, volunteers at Ayusa-Intrax, partner organizations, host families, potential host
families, visa authorities, and as necessary, government authorities in the host country.
In general the data is only used for the specific purpose and processed to the extent required. A recipient
will only receive that data needed to fulfil his specific task. (For example, an insurance company would
receive only that information necessary for concluding the insurance package.)