General Terms and Conditions
§ 1 Scope of application
The following terms and conditions govern the contractual relationship between Hire and Care DP
GmbH (hereinafter also referred to as “Hire and Care”), Grindelwaldweg 15, 13407 Berlin and its
users on the Internet platform www.hireandcare.de
Clients are
- International and domestic care professionals or students who wish to work or study in care
facilities and hospitals or educational institutions in Germany (hereinafter also referred
to as “candidates”) and
- Care facilities or hospitals operating in Germany, which are looking for such international
and domestic care professionals or students (hereinafter also referred to as “Employers”).
These General Terms and Conditions shall apply to all users of the website. Any other terms and
conditions of the users shall not be valid even if they are not contradicted by Hire and Care in
the individual case.
§ 2 Registration / User account / Conclusion of contract / Further contractual conditions
In order to initiate a mediation, the user must first register and create a user account. For
this purpose, the user must register free of charge with a valid e-mail address belonging to the
user and a password chosen by the user. As part of the registration process, Hire and Care sends
a confirmation e-mail and sets up a user account.
Subsequently, the user has the possibility to store, manage and update his user data in the user
account. The user is obliged to keep his user data up to date at all times.
Each user is only allowed one registration. Double registrations are not allowed.
By applying or contacting Hire and Care via the internet platform, users submit a legally binding
request for the conclusion of a brokerage contract with Hire and Care and accept these general
terms and conditions.
Subsequently, users will be contacted by Hire and Care, checked and informed about the next
steps. A contract is only concluded if Hire and Care issues an explicit declaration of
acceptance as part of this process. Hire and Care reserves the right to refuse to conclude a
contract at any time without giving further reasons.
Furthermore, in this process, further contractual conditions for the mediation, such as those
concerning the fee to be paid, may be presented and their approval requested. If the client
refuses this, Hire and Care is entitled to terminate the contract immediately. Claims for
damages or other financial compensation for the client do not exist then.
§ 3 Scope of services
1. Services for nursing professionals (selection):
- Creation of a profile for application, so-called matching with a business partner or
employer.
- Checking and verification of candidates (document check and personal meeting via video call)
- Disclosure of potential job offers and comparison of them
- Advice on the selection of a suitable employer
- Arranging an initial interview with the client and preparing the candidate for
it
- Support in applying for a bank account and necessary insurances in
Germany
- Assistance in providing language courses
- Checking for completeness in documentation and assistance with visa and
work permit applications
- Assistance with other bureaucratic registrations in Germany, as necessary
for placement as a caregiver in Germany
- Collecting and submitting the documents for the application of the
professional qualification, as well as follow-up of the application in
Germany
- Support in the selection and implementation of the recognition measures
of the professional qualification or the certificate of equivalence and all
bureaucratic registrations in Germany
- Research and booking of the trip to Germany when an employment
contract comes into effect
- Appointment with the respective competent authority for registration in
Germany
- if necessary, pick-up from the airport to the employer
- Support in the provision of accommodation in Germany in cooperation with
the employer
- Securing the placement
- if necessary, support with integration in Germany
Hire and Care reserves the right to reclaim the rematch costs, depending on the
country of origin, in the event of a termination of the employment of the care
specialist in due form and time within the first six months after the start of
employment. According to § 623 BGB (German Civil Code) a termination in due
time must be in written form to be effective. Electronic form is excluded. During
an agreed probationary period, for a maximum of six months, the employment
relationship may be terminated with two weeks’ notice. A repayment obligation
may only be established in the event of termination of the contract attributable to
the employee.
2. Services for companies
The services for companies are defined and concluded in the standard contracts.
§ 4 Contract language
The languages available for the conclusion of a contract and the terms and
conditions of placement are German or English.
§ 5 Fee
The placement is free of charge for candidates. Not included in the free of charge
for candidates are training costs, such as language courses in particular, as well
as any other costs, which are, however, communicated in advance and agreed to
by the candidate.
Placement for nursing facilities is subject to a fee. Further details are regulated in
a written placement or cooperation agreement.
§6 Term of the contract, termination
- Unless otherwise agreed, the contract shall be concluded for an indefinite
period and may be terminated by either party with four weeks’ notice to the
end of a calendar quarter
- The right to extraordinary termination for good cause remains unaffected.
For the candidate, an important reason is in particular the occurrence of a
sudden serious and prolonged illness, pregnancy or a death in the family.
The extraordinary notice of termination must be g
- The following shall apply in the event of a termination taking effect
Brokerage orders shall be handled by the contracting parties in accordance with
the provisions of this contract even after the end of the term of this contract,
unless the handling of one of the contracting parties is unreasonable for a reason
lying in the sphere of the respective other contracting party.
§ 7 Reimbursement of costs by the
candidate or caregiver
In the event that the nurse terminates his/her contract with Hire and Care and/or
the employment relationship with the nursing facility
- within the first 24 months after conclusion of the contract, commencement
of work or recognition as a nursing specialist (the latest event is
exclusively decisive) and
- for reasons for which the candidate or the care (specialist) worker is
responsible,
terminates the contract, Hire and Care shall agree with its respective client that
so-called “binding clauses” in the event of the termination of the nursing
specialist’s employment with the employer for the reimbursement of costs for the
migration of the nursing specialist to Germany and of costs for his/her training
and further education in Germany shall only be agreed to an extent that is
permissible according to the principles of German labor law.
§ 8 Liability
(1) Hire and Care shall only be liable for damages resulting from injury to life,
body or health if they are based on an intentional or negligent breach of duty by
Hire and Care or an intentional or negligent breach of duty by a legal
representative of Hire and Care.
Hire and Care shall only be liable for other damages, unless they are based on a
breach of cardinal obligations (such obligations the fulfillment of which is a
prerequisite for the proper performance of the contract and the observance of
which the contracting party may regularly rely on), if they are based on an
intentional or grossly negligent breach of duty by Hire and Care or on an
intentional or grossly negligent breach of duty by a legal representative or
vicarious agent of Hire and Care.
(2) Except in the cases mentioned in paragraph 1, claims for damages shall be
limited to the foreseeable damage typical for the contract. In the event of default,
they shall amount to a maximum of 5% of the order value.
(3) Claims for damages based on injury to life, limb, health or freedom shall
become statute-barred after 30 years; otherwise after 1 year, whereby the statute
of limitations shall commence at the end of the year in which the claim arose and
the creditor became aware of the circumstances giving rise to the claim and the
person of the debtor or should have become aware of them without gross
negligence (Section 199 (1) BGB).
§ 9 Responsibilities and duties of the
users, granting of the right of use
- Each user is solely responsible for the data collected during his/her own
registration and is obliged to provide this data truthfully and completely.
Hire and Care shall not be liable for claims in case of false, inappropriate or
incomplete information provided. In the event of changes to the
information provided, the user must update his details immediately or
notify us of the changes without delay and without being asked to do so.
- Each user hereby grants Hire and Care a revocable, royalty-free,
non-exclusive right to use, exploit, distribute, reproduce and display the
user profile data specified by the user via the website and in particular via
the user account.
- The user declares that the content submitted by him/her in the user
account or otherwise to Hire and Care does not infringe any third party
rights or otherwise violate any legal provisions.
- Each user accepts and understands that all data provided may be reviewed
and/or temporarily as well as permanently deleted, especially if they violate
the General Terms and Conditions and/or legal regulations or are not
appropriate for other reasons (because, for example, they are offensive,
inflammatory or similar) or in any way violate the rights or safety of third
parties.
- Each user agrees to keep all data and traffic between him/her and Hire and
Care confidential and to make it available to third parties only with the
express prior consent of the sender. This applies to:
- E-mails / messages
- Names
- Telephone and fax numbers
- Address data
- E-mail addresses
- URLs
- Each user expressly assures
- not to misuse the platform and our service, for example for
commercial purposes.
- not to disseminate defamatory, offensive or illegal material or
information about Hire and Care
- to use non-user accounts on the platform without their express
permission
- not to use or smuggle viruses, mechanisms, scripts, software or
other tools in connection with the platform that limit or hinder its
functionality or accessibility
- intercept any messages, hack or tamper with the Software or the
Platform, or bypass or attempt to bypass any security functions
- comply with applicable laws and regulations when using the
Platform and our Services
- The user is prohibited from sharing his account with third parties, using it
for commercial purposes other than his own recruitment or renting it out,
unless this has been expressly permitted by us in advance.
- Violation of the above obligations may result in termination of the contract
by Hire and Care as well as civil and criminal penalties for the user. Hire
and Care explicitly reserves the right to exclude the user from the platform
if the user violates the guidelines during registration or at a later time.
§9a further responsibilities and duties of
employers
Clients who are employers undertake:
- to remunerate the candidates or future care professionals in accordance
with the collective bargaining law applicable to the client, alternatively in
accordance with the remuneration customary in the locality for comparable
domestic care professionals,
- insofar as additional or deviating employment contract regulations are
required under the law of the candidate’s respective country of origin, to
comply with such regulations; in doing so, Hire and Care shall draw the
candidate’s attention to such requirements and support him/her in the
event of commissioning,
- not to include in the employment contracts and amendments thereto with
international care professionals arranged by Hire and Care, under any
circumstances, provisions on commitment and repayment clauses that
conflict with the legal framework for such clauses provided for in German
labor law
- to comply with the specifications defined by Hire and Care with minimum
requirements on human, migration and labor rights for placed foreign care
professionals,
- submit a written company integration management concept for a job offer.
In accordance with the DKF pilot standards, this concept must include the
following bullet points:
- Preface / Introduction
- Preparations after recruitment
- Arrival and the first days
- Relocation management support
- Establish integration management
- Sponsorships and mentoring
- Organize recognition process
- Adapt induction
- Accompany team building
- Expanding competencies
- Resolving conflicts
- Enabling social participation
- Dealing with dismissal and poaching
and to present the respective concept to the candidates for the job offer and to
include it as an appendix to every employment contract with foreign nursing
professionals placed by Hire and Care.
§ 10 Miscellaneous
- Amendments or supplements to this contract, including its mutually agreed
cancellation or termination, must be made in writing. The written form
requirement shall also apply to any deviation from the written form
requirement. Verbal collateral agreements do not exist.
- The place of jurisdiction for disputes with users who are not consumers,
legal entities under public law or special funds under public law shall be
the registered office of Hire and Care. For all other users, this shall also
apply to disputes arising from or in connection with this contract if the user
relocates its domicile or habitual residence to a country other than the
Federal Republic of Germany after conclusion of the contract or if the
domicile or habitual residence of the user is not known in the event of an
action being brought.
§ 11 Cancellation policy
Users are entitled to the following right of revocation:
Right of revocation
You have the right to revoke this contract within fourteen days without giving any
reason.
The revocation period is fourteen days from the date of conclusion of the
contract.
To exercise your right of withdrawal, you must send us
- Address: Hire and Care DP GmbH, Grindelwaldweg 15, 13407 Berlin,
Germany
- Phone: +49 1517 123 2244
- E-mail: info@hireandcare.de
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your
decision to revoke this contract. You can use the attached sample withdrawal
form for this purpose, which is, however, not mandatory. In order to comply with
the withdrawal period, it is sufficient that you send the notification of the exercise
of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received
from you, including delivery costs (with the exception of additional costs
resulting from the fact that you have chosen a type of delivery other than the
most favorable standard delivery offered by us), without undue delay and no later
than within fourteen days from the day on which we received the notification of
your revocation of this contract. For this repayment, we will use the same means
of payment that you used for the original transaction, unless expressly agreed
otherwise with you; in no case will you be charged any fees because of this
repayment.
If you have requested that the services begin during the revocation period, you
must pay us a reasonable amount corresponding to the proportion of the costs
incurred by us up to the services already provided up to the point in time at which
you notify us of the exercise of the right of withdrawal with regard to this
contract, compared to the total scope of the services provided for in the contract.