Agencies General Terms and Conditions

Preamble

Rainbow Au-Pair service (hereafter called "agency") has its place of business in Winterbacher Weg 3 in 77704 Oberkirch, Germany. The agency deals with the arrangement of Au-Pairs to guest families and acts according to the guidelines of the Federal Employment Agency. The agency gets active exclusively as a result of the following general Terms and Conditions which are regarded as confirmed by signing of the arrangement contract. The arrangement is carried out according to the information on the internet page "http://www.rainbow-aupair.com" and the guidelines of the Federal Employment Agency (Bundesagentur für Arbeit) "Au-Pairs in German families".
 
The following service is stipulated for German families:

• Consulting the host family regarding the prerequisites of Au-Pair´s stay.
• The arrangement of an Au-Pair for the host family (with contracting party abroad).
• Support with the official formalities with German authorities at home and abroad.
• Support/advice for the host family during the stay of the Au-Pair.
• Provision of relevant Au-Pair information after conclusion of the arranged contract and translation activities, if necessary.
• Completion of the necessary contracts, applications and invitations regarding the visa application.
• Information where to find Au-Pair insurance companies.
• Support with the formality of the correspondences with necessary authorities and the attainment of the visa approval.
• Support and advising the Au-Pair until arrival at the host family.
  Guidance and support for both the host family and Au-Pair during the duration of the Au-Pair´s stay with the host family.
• An emergency phone number and a contact person if problems arise. 
  

The following duties arise from the guidelines of the federal agency for work and common experience:

The host family is obliged to observe the valid regulations, laws and contracts (e.g. guidelines of the Federal Employment Agency, explanations of obligation of the guest families, Au-Pair contract). The agency puts corresponding leaflets, documents and information at the disposal of both parties (here).

The host family has read the information of the Federal Employment Agency (Bundesagentur für Arbeit) and commits itself to act accordingly.
Among others things, this includes:

• Integration of the Au-Pair into the family with free board and lodging (room with lock and key for the privacy of the Au-Pair).
• Au-Pair medical insurance, incl. legal liability cover. The agency only points out different possibilities to the host family. Remark: The host family is liable for any damages to persons and things (or a special third-party liability insurance is bought for Au-Pairs).
• Flexible weekly working hours up to max. 30 hours
• Monthly pocket-money of € 260.00.
• The possibility for the Au-Pair to visit a language school and to practice his/her religion.
• Provision of monthly or season ticket for the public short-distance transport or the defrayal for this.
• 4 weeks paid vacation for a stay of 12 months.
• In addition, the Au-Pair benefits of a proportionate monthly vacation of 2 days /month, including at least one Sunday.
• Immediate registration for the Au-Pair at the necessary authorities (registration office, foreigner authority and employment office). The host family carries the costs arising from this.
• All essential changes, moves, cancellations, visa prolongations or paraphrases have to be immediately notified in writing to the agency

Service fee

A registration fee isn't levied. The charge (€ 300.00) arising from the placement is split up into:

• A handling fee of € 80.00 after the host parents have committed themselves to an Au-Pair and the Au-Pair has agreed to come into the family. The handling fee is non-refundable after placement has occurred.
• A placement fee of €220.00: this second payment is due after the Au-Pair has received the visa and is ready for entry, or at the latest, when the Au-Pair reaches the host family. Host parents who obtained an Au-Pair through our agency within the last 24 months get a 20% discount on the next placement.

Disclaimer

The agency reserves the right to inform the authorities of host families and Au-Pairs who have made provable false statements or doesn't fulfil the legal requirements of the Federal Employment Agency (Bundesagentur für Arbeit) and to expel from the agency.
 
Cancellation

Were an early cancellation of the Au-Pair relation be necessary, the agency should be informed within 14 days in writing.

Liability

Rainbow Au-Pair Service cannot be held liable for any loss, damage or injury caused to persons or property by the Au-Pair. The Au-Pair has no legal relationship with the agency and the service is restricted only to arrangements between the Au-Pair and the host family.

The agency obliges itself to obtain the desired starting date of the Au-Pair, but however does not guarantee or take liability should the starting date change for any reason.

No claims can be asserted against the agency if no arrangement comes to stand. The correctness of the personal information from the Au-Pair (e.g. in the questionnaire) isn't checked by our agency. The host family however gets the necessary information in order to get acquainted with the Au-Pair.
If the invited Au-Pair doesn't arrive or enter the country for whatever reason, the host family gets a new arrangement or suggestion as quickly as possible without any further costs.

A free arrangement of a new Au-Pair is carried out when the relationship between the host family and Au-Pair is cancelled within the first 4 weeks.

The agency accepts no liability for damages which are caused by the Au-Pair indirectly or directly. It doesn't matter whether the damages occurs towards the host family or a third party.
Should an arrangement not take place despite all efforts and after signing the arrangement contract; e.g. the Au-Pair cancels during the arrangement phase, no damage compensation entitlements can be asserted towards the agency. This also applies if visa is rejected by the embassy or any other authorities. In such a case, the agency will offer the host family an immediate free new arrangement.

Passing on of data

Only the host family should deal with the arrangement, suggestions and communications should be treated confidentially. It may not make placements with the agency via a third party. If because of any unauthorized forwarding/passing on of information, the placement is carried out by third parties, then the host family commits itself to pay the agency handling fee directly (not to the third party). The data of host families are exclusively passed on to Au-Pairs as well as contacts or partner agencies of Rainbow Au-Pair.

Place of jurisdiction

All acts of the agency are according to the law of the Federal Republic of Germany. The place of jurisdiction is Oberkirch.

Final clause

Our Terms and Conditions apply immediately upon signature.