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Contractual Provisions and Conditions of Participation of AuPairCare

Spain as part of Ayusa-Intrax GmbH for Conducting Au Pair Program in


the USA
§ 1 Applicability

(1) AuPairCare Spain as part of Ayusa-Intrax GmbH ("Ayusa-Intrax"), headquartered at Giesebrechtstr.


10, 10629 Berlin, Germany, assumes the procuration of an au pair stay in the USA by AuPairCare
Inc. ("AuPairCare") headquartered at 600 California Street, Floor 10, San Francisco, CA 94108, USA.

(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

§ 3 Au Pair's Duty of Cooperation

(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.

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Procurement

(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.

§ 7 Withdrawal, Transfer of Placement, Termination

(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.

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(2) In the case of serious problems between the au pair and the host family AuPairCare will attempt to
find an amicable solution or a transfer placement. However, neither AuPairCare nor Ayusa-Intrax
GmbH assumes a guarantee that this will be successful. There is no reimbursement of costs upon
early termination of the employment relationship by the au pair or the host family.
(3) In the case of early termination of the stay we request that the au pair assert any claims or
remedies for deficiencies locally with AuPairCare.
(4) The au pair program is terminated in accordance with the contract after 12 months (without an
optional extension) and when AuPairCare in San Francisco has received proof of 6 credits (60 hours)
at a recognized American college.
(5) Subsequent to termination of the au pair program in accordance with the contract, the au pair has
a claim against AuPairCare in San Francisco for a return flight at no expense. In the event of
termination of the program not in accordance with the contract, the au pair is responsible for the
costs of the return flight.
(6) A certificate as to the successful completion of the program will only be issued when the program
was terminated in accordance with the contract.

§ 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.

§ 9 Claims for Damages / Liability

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.

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12 Data Protection and Consent to Data Collection, Processing, and Use

(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.

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CONSENT TO DATA COLLECTION, PROCESSING, AND USE

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:

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Emergency Information

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

Last name, first name, relationship

mobile telephone number, email address

2. Emergency Contact

Last name, first name, mobile telephone number, email address, relationship

mobile telephone number, email address

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Information Sheet for Au Pair Participants: Collection and Processing of
Personal Data by AuPairCare Spain as part of Ayusa-Intrax
In order to successfully place our participants in the au pair program (hereinafter: "au pairs") and to fulfil
the participation contract, AuPairCare Spain as part of Ayusa-Intrax GmbH (hereinafter "Ayusa-Intrax")
will collect and process certain personal data concerning our au pairs. In this information sheet we want
to inform you of the purpose and scope of the data processing.

1. Contact Person for Questions Regarding Data Protection


Au pairs can at any time direct questions regarding this information sheet or the data processing by
Ayusa-Intrax to dataprotection@aupaircare.eu.

2. Collection and Processing of Data from Au Pairs


The main purpose for the data collection and processing by Ayusa-Intrax is fulfilment of the participation
contract. Specifically, we or our foreign partner organisation collect person data of the au pair for the
following purposes: placement of the au pair with a host family in the host country, organization of travel
to the host country, conclusion of insurance package included in the contractual scope of services,
issuance of pre-documents if necessary for the visa, support of the au pair locally, and emergencies.

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.)

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4. Entities Responsible for Data Processing
The entity responsible for the collection and processing of the data is Ayusa-Intrax. To the extent data is
to be transmitted to other entities (e.g., partner organizations, travel agency, insurance company,
government authorities) they are also responsible entities.

5. Retention Periods for Data


Ayusa-Intrax only retains data concerning the au pair for as long as necessary for organizational reasons
and as permissible under data protection law. Personal data and contract documents of the au pair are
retained for up to 10 years after the regular conclusion of the au pair program based upon statutory
retention periods. For contact data that is stored in our returnee database this period is extended insofar
as the au pair is to remain in contact with us.

6. Collection and Processing Certain Types of Personal Data


Ayusa-Intrax must pose certain questions to au pair participants regarding their health and their religious
views in order to be able to place them with a host family. This includes, for example, information on
general health status, allergies, previous illnesses and vaccinations that is collected in part from
information provided by the au pair and in part from a form filled out and signed by a doctor (health
certificate). This data will be transmitted to the partner organisation in the host country, host families,
and potential host families, to the extent necessary for participation in the program and especially for
the placement and support of au pairs in Spain and in the host country. Because Ayusa-Intrax cannot
process certain types or personal data without the consent of the person concerned, the au pair's consent
to this is obtained during the application process and as part of the participation contract.

7. Processing Data for Advertising Purposes


We also use data from au pairs to obtain volunteers, for returnee work, or for information about other
program options with Ayusa-Intrax. Ayusa-Intrax, however, will never forward personal data of au pairs to
third parties for advertising purposes. Of course, the use of data for advertising purposes can be objected
to at any time. The contact person for this is the email contact provided as to data protection at Ayusa-
Intrax in section 1.

8. Right to Information and Right of Objection


Our participants can receive from us at any time they wish without providing a reason cost-free
information on the data concerning them stored by us. At any time they can have their data that was
collected by us blocked, corrected, or deleted. Also, at any time au pairs can revoke in whole or in part
the consent given to us for the collection and use of data without providing any reason. The contact
person for this is the email contact provided as to data protection at Ayusa-Intrax in section 1. We are
available to our participants and their parents at any time for further questions regarding our information
on data protection and the processing of their personal data.

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