General Terms and Conditions

1. Basis of contract

The subject matter of the contract concluded with Au-pair Agentur „Besondere Sterne“ is the placement of an au pair for childcare and light housework. The Auftraggeber (host family) confirms that they have read the information sheet of the Bundesagentur für Arbeit (the German Federal Employment Agency) for German host families and fulfil the requirements and conditions stated therein.

1.1. Obligations of the contractor

The services to be provided by Au-pair Agentur „Besondere Sterne“ are listed below:

• a) The contractor informs the host family in detail about the current provisions of the au pair programme in the BRD (see the BfA information sheet for host parents).
• b) Provision of applicant data such as complete address details, questionnaire, photos etc. of the au pair candidates.
• c) Preparation of all necessary applications for the issue of a visa (letter of invitation, au pair contracts etc.).
• d) Assistance with handling the visa or invitation formalities and the work permit.
• e) As additional services, the au pair agency offers a recommended au pair insurance and gives telephone tips on language schools, opening a bank account and mobile phone contracts.
• f) Point of contact for organisational questions: we are available to host families for the duration of the contract as a competent point of contact for organisational questions relating to the au pair programme.

Note: Our tasks as an au pair agency are limited exclusively to organisational matters such as the visa, insurance, contractual formalities or clarification of the legal framework of the au pair programme. We ask that you refrain from contacting us about general everyday situations, personal conflicts or questions about the au pair’s individual performance. These matters are to be discussed directly between the host family and the au pair and do not fall within the agency’s area of responsibility. We are therefore unable to offer individual advisory discussions on these matters during the au pair’s stay.

Our task as an agency is the placement and the preparation of au pairs. However, we assume no responsibility for the au pair’s individual performance, conduct or integration into everyday life. Matters such as motivation, parenting style, dealing with the children or personal conflicts are the responsibility of the host family.

The Au-pair Agentur „Besondere Sterne“ is a placement agency and introduces au pair candidates to host families. The selection of the au pair is made exclusively by the host family at its own discretion, on the basis of the profiles provided and advisory discussions.

The au pair programme is a cultural exchange programme and does not constitute pedagogical, therapeutic or medical professional training. The personal fit between the au pair and the host family can only develop in the course of everyday life together and does not fall within the agency’s area of responsibility.

2. Placement fee and rules in the event of termination

The basic placement fee of 1.178 € (total costs) becomes due upon placing the order and after the au pair’s confirmation. The fee is payable irrespective of whether the au pair relationship is successfully completed or not, and is not refunded.

New placement within the first four weeks after the au pair’s arrival: if the host family contacts us within four weeks of the au pair’s arrival requesting a new placement, they receive a discount of 50% on the regular placement fee for the new placement (i.e. 589 €).

Termination and departure: in the event that the au pair relationship ends within the first four weeks, the host family cannot expect the previous au pair to remain with the family until a new au pair arrives. The continued placement of the previous au pair can be maintained for a maximum of two months after arrival, so that the au pair retains a valid visa for at least ten months and has realistic chances of being placed with another host family.

Follow-up orders and change au pairs: for follow-up orders (renewed placement following a completed au pair year) the placement fee is reduced to 1.078 € total costs. For change au pairs or au pairs with a shorter stay, the placement fee is 89 € per remaining visa month at the time of the new placement. Example: 8 months of remaining visa = 8 × 89 € = 712 €.

Overview of fees:

• Standard placement per au pair: 1.178 €
• New placement within the first four weeks: 589 €
• Follow-up order after one year: 1.078 €
• Change au pair / shorter stay: 89 € per remaining month (e.g. 8 months = 712 €)

All fees are payable by bank transfer, upon receipt of the invoice, to the account stated on the invoice.

3. Termination of the au pair relationship

The relationship may only be terminated by either side for good cause with two weeks' notice, or terminated unilaterally without notice only for a serious cause. In any event, Au-pair Agentur „Besondere Sterne“ is to be notified immediately in writing, stating the reasons. It should be ensured that the au pair is able to remain with the family until a new host family is found for the au pair. If the separation from an au pair with a planned 12-month stay occurs within the first 4 weeks after entry, the host family is entitled to a new placement with a 50% discount. This guarantee service does not apply to change au pairs, au pairs placed through a self-initiated application, and au pairs with a planned stay of less than 12 months.

4. Withdrawal

Should the host family withdraw from the contract for reasons for which Au-pair Agentur „Besondere Sterne“ is not responsible, half of the fee plus the processing fee becomes due immediately. Should the au pair cancel or fail to enter the country for reasons for which Au-pair Agentur „Besondere Sterne“ is not responsible, the host family is entitled to a free new placement. If the service is commissioned by the host family but withdrawn again before the au pair contract is concluded, our processing fee of 100 € always becomes due. Should the au pair incur costs in this case, e.g. travel costs, these are likewise to be borne by the host family. The host family informs Au-pair Agentur „Besondere Sterne“ of the au pair’s arrival as well as of any important changes affecting the au pair’s stay. The host family collects the au pair from the place of arrival and ensures that health and accident insurance is in place before the au pair enters the country.

5. Force majeure & legal restrictions

Exclusion of repayment in the event of official obstacles / force majeure: Au-pair Agentur „Besondere Sterne“ provides its contractually owed service upon completion of the selection and placement process. This includes in particular: personal advice to the host family, selection and presentation of applicants, matching on the basis of individual family needs, coordination with the partner agency in the au pair’s country of origin, support of communication with the au pair, review and recording of the application documents, preparation and dispatch of the contract documents by email to the au pair or the responsible partner agency. Once these services have been carried out, the placement order is deemed to have been fully performed — regardless of whether the au pair is ultimately able to enter the country or obtains a visa. Should entry be prevented by circumstances that do not fall within the agency’s area of responsibility — in particular the complete or de facto suspension of the au pair programme, the absence of visa appointments, or disproportionately high fees or administrative hurdles in the au pair’s country of origin — this constitutes a case of force majeure or a legal obstacle beyond our control. A claim for repayment of the placement fee paid is excluded in such cases, since the contractually agreed service has been fully performed by the agency. Where possible, the agency will offer the host family, voluntarily and as a gesture of goodwill, a one-off free new placement. However, should the basis of the programme cease to exist permanently, or should a new placement objectively no longer be possible, there is no entitlement to repayment.

6. Official approval procedure

After the au pair’s arrival, the host family undertakes to promptly complete all further dealings with the authorities and to bear the costs arising from these, including: registration with the Einwohnermeldeamt (residents' registration office); application for a work permit from the Agentur für Arbeit (Employment Agency) (in the case of change au pairs).

7. Liability

The service provided by Au-pair Agentur „Besondere Sterne“ is limited to the placement and support of an au pair and to the support of the host family during the au pair’s stay. Au-pair Agentur „Besondere Sterne“ gives no guarantee regarding the duration and success of the au pair’s stay. Likewise, Au-pair Agentur „Besondere Sterne“ assumes no liability whatsoever towards the au pair and the host family. Furthermore, Au-pair Agentur „Besondere Sterne“ is not liable for the accuracy and completeness of the information provided by the au pair to the host family, nor for any additional costs, damages or payment obligations caused by the au pair, whether towards the host family or towards third parties. Nor is it liable for a negative decision by the authorities on the visa application, or for a delayed or failed entry by the au pair.

8. Data protection

The family’s details are treated confidentially and stored by Au-pair Agentur „Besondere Sterne“. The data is passed on only to the selected au pair and to the partner agencies.

9. Miscellaneous

The host family is expressly prohibited from passing on to third parties, or misusing, addresses or data of au pairs and partner agencies that it has received from Au-pair Agentur „Besondere Sterne“. Au-pair Agentur „Besondere Sterne“ reserves the right to exclude from placement host families or au pairs who demonstrably provide false information in connection with the placement, who breach statutory provisions, or who do not meet the requirements of the EU agreement for au pairs.

10. Final provision

Unauthorised additions to, and amendments of, this contract or the contracts are invalid. Should parts of this contract be invalid or ineffective, the remainder shall retain its validity (severability clause). The law of the Federal Republic of Germany applies, unless mandatory statutory provisions preclude this. For consumers, the statutory places of jurisdiction apply.