General terms and conditions

Status: 12.01.2022

travelformed GmbH, Wiedenaustraße 23, 50127 Bergheim, Germany, Commercial Register number: HRB 111045, Cologne Local Court, hereinafter referred to as the "Agency"; clients who have concluded a contract with the Agency are hereinafter referred to as "Clients".

§ 1 General

1. This contract is concluded with travelformed GmbH.
2. All business relations between the Agency and the Client shall be governed by these General Terms and Conditions in the version valid at the time of conclusion of the contract.

§ 2 Contractual partner

1. The contracting parties to this contract are the Client and the Agency.
2. Contractual partners of contracts which are outside the scope of services defined in more detail by the Agency in § 3 and § 4 are exclusively the Client and the corresponding contractual partner.
3. The participant must be at least 18 years old when the contract is concluded. In principle, it is also possible to arrange stays for persons who are not yet of age. However, these persons must be at least 16 years old. In this case, the contractual partners are the parents as legal representatives.

§ 3 Subject matter of the contract

1. The subject matter of the contract is the organisation of the trip. This includes assistance in organising visas, assistance in organising the flight (flight costs are to be paid separately), accommodation on site, organising guided tours on site and organising transport from the airport to the place of stay. On-site hospital care is provided by doctors of the respective hospital. The exact content of the services (also called "service package" in connection with the programme) can also be found on the Internet website at [www.travel4med.de]. The service package may vary for different countries and/or according to the individual participant request.
2. The agency reserves the right to change the services at short notice without prior notification of the participants. The agency is not liable for postponements of the start and end of the programme and individual services through no fault of its own.

§ 4 Performance

1. Within the scope of the placement activity, the agency expressly arranges nursing internships and clinical traineeships in the medical field abroad of other organisations and persons ("internship provider") or individual services in the name of a third party and owes only the proper placement, not the service.
2. All internship proposals or offers described are based on the information provided by the respective internship providers or partner organisations or project leaders and are without guarantee.
3. Within the framework of the provision of accommodation, the agency owes the agreed accommodation or, as a substitute, accommodation of the same type and quality.
4. The placement of an internship is connected with the provision of accommodation. the agency owes the provision of accommodation only in case of a successful placement of an internship.

§ 5 Conclusion of contract

1. By completing the online order form and clicking on the checkboxes "With your order you agree to our terms and conditions. General terms and conditions and Revocation provisions agree." and "Order with obligation to pay" in the online registration system, the participant agrees to these GTC's and makes a binding offer to the agency to conclude a contract on the organisation of a stay accompanying the internship in connection with the provision of accommodation (compare the scope of services in § 3). If the agency accepts this offer, the participant will receive a confirmation of the conclusion of the contract by e-mail. With the acceptance of the registration, the agency cannot guarantee that the participant will get a place within a programme or an alternative place.

§ 6 Costs, travel fee

1. The services of the agency are subject to a fee. The costs depend on the chosen place of stay and the duration of the trip. The costs are to be paid after completing the registration form and accepting the General Terms and Conditions. A separate request for payment is not required. The agency shall not be liable for any damage resulting from late payment of the registration fee. In accordance with § 6, failure to pay shall result in the mediation process not commencing.
2. Travel expenses shall not be reimbursed. The agency may waive this in individual cases.
3. The travel fee is payable after the customer has received confirmation of the trip. Receipt by e-mail is sufficient for this purpose. The customer will receive an invoice for the amount to be paid. This must be paid within 14 days and before the start of the trip. If no payment is received by the day of departure, the participant is not entitled to the services.

§ 7 Confirmation and proof

1. The travel opportunity sent to the client or a travel opportunity confirmed by e-mail shall be considered as proof of the successful activity of the agency. The agency shall not be liable for the non-conclusion or premature termination of the respective internship contract or the respective internship commitment in corresponding application of § 3 para. 1.

§ 8 Insurances

1. The agency does not arrange insurance services. Each participant must have adequate health, liability and accident insurance for the duration of their stay abroad. The client must familiarise himself/herself with the country-specific travel medical advice, vaccinations and travel hazards. A foreign health insurance policy for each participant must be taken out before the start of the trip.

§ 9 Entry documents

1. The customer is responsible for obtaining visas and other documents necessary for entry into the country concerned. If the participant is refused a visa or is not granted one in time, the client shall bear the costs incurred. There will be no refund of the agency and programme fee, as well as the registration fee and any other fees that may be incurred. The client has the sole responsibility to carry all important documents with him/her upon entry.

§ 10 Other entry restrictions and current developments

1. The customer must ensure that there are no other restrictions on his entry. In particular, he/she shall ensure that he/she is informed about the current health requirements and restrictions for entry and that he/she complies with them.

§ 11 Termination

1. The agency is entitled to terminate the contract without notice if the customer negatively influences the mediation or booking process through uncooperative behaviour. This includes, among other things, not answering e-mails or withholding booking-relevant information (e.g. nationality, date of birth, etc.).
2. In the event of insufficient qualification of the client during interviews and multiple rejections of internships, § 11 Para. 1 shall apply accordingly.
3. The customer is entitled to terminate extraordinarily without notice if there is an important reason for the extraordinary termination, § 314 BGB.
4. There is no right to reimbursement for benefits not received in the event of termination.

§ 12 Right of withdrawal

1. There is no statutory right of withdrawal. However, the agency grants the customer a contractual right of withdrawal under the following conditions.
   1. If the client decides to terminate the contract, the agency may demand reasonable compensation. This compensation is based on the period between the notice of termination and the start of the Agency's services. The amount of compensation varies depending on the time of termination:
      up to the 80th day before the start of benefits 10 %,
      from the 79th to the 50th day before the start of the service 30 %,
      from the 49th to the 20th day before the start of the service 60 %,
      from the 19th to the 7th day before the start of the service 80 % and
      from the 7th day before the start of the service or in case of no-show 90 %.

§ 13 Liability

1. The agency assumes no liability for services between the client and the internship provider itself. For events that are not the responsibility of the agency (such as grant approval, insurance benefits, etc.), the agency excludes any liability to the extent permitted by law. All undertakings by the participant before, during and after the stay abroad are carried out by the participant at his/her own risk.
   1. If the service of the internship provider arranged by the agency is not provided in accordance with the contract, the client shall demand redress from the internship provider. In this case, the agency is prepared to mediate between the parties, but it is not within the scope of obligation.
   2. Conciliation between the parties can only take place if the client sends his complaint directly to the internship provider and to the agency.
   3. If the only option for the participant is to terminate the internship prematurely, the agency shall attempt to arrange a new internship placement for the participant within a reasonable period of time. In all other respects, however, §§ 12, 13 and 14 shall apply in particular. Arbitration between the parties in the event of a dispute, as well as the arrangement of a substitute internship place, are voluntary services which lie outside the scope of obligations of the agency. The client has no claim to this.
   4. The agency and its employees do not assume any liability of damages caused by third parties. This also applies in particular to traffic accidents, assaults and other life risks caused by the social situation of the respective country in the case of a foreign internship and/or stay abroad. The customer is obliged to inform himself/herself sufficiently about the country's conditions before the start of the journey.
2. Clients acknowledge the responsibilities and risks associated with their choice to travel to a foreign country. In particular, internships abroad involve a certain degree of foreseeable as well as unforeseeable risks, which are entirely assumed by the client. Therefore, the Agency, including its employees and directors, shall not be liable for any damage or loss incurred directly or indirectly by clients. These may include, but are not limited to: personal injury, emotional injury, death, illness, damage to or loss of property, natural disasters, hostage situations, war, terrorism, compensation.
3. Otherwise, claims for damages by the customer are excluded. Excluded from this are claims for damages by the participant arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the agency, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
4. In the event of a breach of material contractual obligations, the Agency shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the participant arising from injury to life, limb or health.
5. The restrictions of paragraphs 4 and 5 shall also apply in favour of the legal representatives and vicarious agents of the Agency if claims are asserted directly against them.

§ 14 Data protection

1. The client agrees that the personal data provided by him/her may be processed and forwarded electronically (by e-mail) to potential internship providers, partners or other persons for the purpose of placement within the framework of the placement, booking process (e.g. registration documents, CV, newsletter, etc.).
2. For the rest, please refer to our data protection declaration.

§ 15 Applicable law

1. This contract - including the form of its conclusion and all rights and obligations arising from it - is subject to German law. Mandatory protective provisions of the law of the state in which the contractual partner, who is a consumer, has his habitual residence, shall remain applicable.