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Germany Success GmbH
These General Terms and Conditions (GTC) apply to all contracts, services and other performances or business relationships between Germany Success GmbH, registered at Arndtstrasse 12, 68775 Ketsch, VAT ID: DE357309988 (hereinafter: Germany Success) and healthcare facilities (e.g. clinics, hospitals, hospital groups, institutions and operators seeking to recruit skilled professionals) as well as healthcare professionals (skilled workers wishing to work in healthcare facilities, e.g. nurses, midwives, etc.) and business partners (e.g. language schools). The term healthcare professional also includes persons who are undergoing or seeking training. Deviating general terms and conditions of healthcare facilities or business partners are not recognised, unless the parties expressly agree otherwise.
Individual agreements concluded in specific cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these terms and conditions. The content of such agreements shall, subject to evidence to the contrary, be determined by a written contract or text form.
Consumer is any person for whom the purpose of the conclusion of the contract or the services cannot be attributed predominantly to their commercial or independent professional activity, cf. § 13 BGB. In contrast, Entrepreneur means any natural or legal person under private or public law, special funds under public law within the meaning of § 310 para. 1 BGB or a legally capable partnership that, when concluding the contract, acts in the exercise of its commercial, independent or statutory professional activity, cf. § 14 BGB.
The "Policy Statement on Fair and Ethical Recruitment and Placement Practices" published by Germany Success, in particular the Employer-Pays Principle, is part of these T&C. → Policy Statement
International Standards:
WHO Global Code of Practice on the International Recruitment of Health Personnel
WHO Health Workforce Support and Safeguards List
ILO Declaration on Fundamental Principles and Rights at Work
UN Guiding Principles on Business and Human Rights
The conclusion of contracts between Germany Success and the company as well as the healthcare professional is generally done through individual written contracts.
The prices for Germany Success's services or other performances are stated in euros and are generally understood to be exclusive of the applicable statutory VAT for companies, unless otherwise indicated. For consumers, the final prices are understood to be inclusive of the applicable VAT.
Contracts are generally concluded in the German language. However, Germany Success is committed to acting transparently and comprehensibly. For contracts with a healthcare professional from abroad, an informational translation of the contracts with the placement terms and conditions is therefore provided in the respective common language. However, in the case of multilingual documents or separate translations, only the German version is legally binding.
Contracts between Germany Success and the healthcare professional must be permissible under German law and also under the local law of the countries of origin from which the foreign healthcare professional comes, and must be terminable on a monthly basis. No advance payments such as deposits or security deposits may be required from the healthcare professional for the placement, and generally no subsequent payments such as contractual penalties either. Companies that conclude a placement contract with Germany Success for a healthcare professional from abroad undertake to include corresponding provisions in their contracts.
Germany Success supports healthcare facilities within the framework of a cooperation agreement in placing a healthcare professional for the practice of their profession or training in the Federal Republic of Germany.
The services cover all stages of the service chain: in addition to recruitment through placement, qualification is also provided through the placement of language schools for language training, as well as integration through support with the entry and recognition procedures for the healthcare professional in Germany.
Germany Success places the healthcare professional and will not become a party to the training or employment contract or the language training. Nor is it an employer or trainer of the respective healthcare professional.
The healthcare facility is obligated to provide Germany Success with all documents upon request that Germany Success requires for the purpose of placing the healthcare professional. Without a specific request, and subject to a different agreement, in particular job descriptions and requirement profiles must be transmitted to Germany Success. Germany Success treats these submitted documents confidentially and will return them to the healthcare facility after termination of the contract, provided it demands their return.
The healthcare facility is obligated to form its own assessment of the suitability of the healthcare professional based on the transmission of applicant documents, which are based on information provided by the healthcare professional or third parties.
By concluding the contract, the healthcare facility confirms that it has measures and instruments in place for professional and social integration, language support and accompaniment during the induction of the healthcare professional.
The healthcare facility undertakes to inform Germany Success immediately if circumstances arise that may affect the implementation of the placement activity. The placement activity ends, unless otherwise agreed, with the entry of the healthcare professional into Germany. The remuneration for the placement flat fee pursuant to § 4.2 of the cooperation agreement is due 14 days after receipt of the invoice.
The following principles are a mandatory component of all contracts between Germany Success and the healthcare facilities as well as the business partners.
The contracting parties are committed to fair and ethically justifiable recruitment and placement practices. In doing so, the contracting parties shall – insofar as applicable to them and the contractual relationship – act in accordance with:
The contracting parties are committed to the "Employer Pays" principle. This means that placement costs or costs for services directly related to the placement may not be charged to the healthcare professional, either directly or indirectly. The contracting parties undertake to include provisions for the payment of retention and repayment clauses in letters of intent, employment contracts and/or placement agreements only for the reasons listed in these GTC at the expense of the healthcare professional to be recruited from abroad. The obligations must not conflict with the framework stipulated by German labour law. This also applies to possible ancillary agreements and/or arrangements that contradict the "Employer Pays" principle.
If payments of any kind are nonetheless made by the healthcare professional, Germany Success undertakes to review the reported payments for compliance with internal guidelines and the quality seal and – in the event of an unauthorised payment – to reimburse the amount paid to the healthcare professional within 30 days. This also applies if the healthcare professional made the payment in reliance on the agreement with the business partner, whereby the company in such cases of unauthorised payments will initiate the reclaim of the amount directly from the relevant business partner or healthcare facility, or will have a claim for reimbursement against the business partner or healthcare facility in the event of self-reimbursement.
Germany Success undertakes, in the event of a regulated termination of the employment relationship by the healthcare professional during the first 50 teaching units of language training, not to claim any costs from the healthcare professional (see also the "Policy Statement on Fair and Ethical Recruitment and Placement Practices", point 2 therein).
The contracting parties undertake not to provide for any repayment obligation in cases for which the healthcare professional is not causally responsible. This is particularly the case in instances of illness, pregnancy, death in the direct line of relatives, lack of language aptitude, operational difficulties in the recognition procedure, or if the company demonstrably violates the criteria of the requirements catalogue for the RAL quality mark "Fair Recruitment Nursing Germany" or if the healthcare facility is not a suitable employer.
Retention and repayment clauses at the expense of the healthcare professional must be presented in full, clearly and transparently and must be expressly accepted by them. The individual cost items for repayment and the maximum repayment amount must be stated before the contract is concluded and must be presented in a prominently highlighted form (e.g. in bold).
The contracts concluded with the healthcare professional in the context of the placement process, which the healthcare facility or business partners conclude with foreign healthcare professionals from abroad, must not provide for advance payments such as deposits or security deposits, nor subsequent payments such as contractual penalties for the recruitment of the healthcare professional. Exceptions are only permitted under the provisions of these GTC.
A repayment obligation is only permissible if the withdrawal from the ongoing language course in the country of origin is for reasons attributable to the healthcare professional. In this case, the possibility of an instalment payment agreement must also be offered. Only actually incurred costs may be included in the repayment amount, which were incurred up to the time of withdrawal in the country of origin for:
The healthcare facility undertakes to present, implement and apply an integration management concept in accordance with the DKF pilot standard for nursing staff in line with the employment contract and in the common language of the healthcare professional, which contains the following provisions/points:
If a corresponding integration concept does not yet exist, the healthcare facility undertakes to develop one immediately.
Healthcare facilities and business partners undertake to include a reference to the statutory regulations on the recognition procedure in Germany in the recruitment conditions or in the written contractual agreements, in particular regarding the compensation measures generally available in Germany in accordance with the Nursing Professions Act and the general freedom of choice of the applicant between the various compensation measures pursuant to § 40 para. 3 sentence 3 PflBG.
In the event that Germany Success is obliged to pay damages to the healthcare professional due to the business partner's violation of contractual or statutory provisions, Germany Success is entitled to demand the corresponding payment from the affected business partner on first demand, or to demand that the business partner indemnify Germany Success against the healthcare professional, and has a claim for reimbursement against the business partner or healthcare facility in the event of self-reimbursement.
Healthcare facilities and business partners undertake to establish an internal complaints procedure in favour of the healthcare professional. The complaints procedure must be clearly regulated as well as freely accessible and transparent. The business partner and healthcare facilities shall set out how complaints are handled and how a complaint can be remedied, also specify quality and inspection provisions, name contact persons for the addressees and establish a time frame for the procedure. The healthcare professional will be informed that a complaints procedure exists. The provisions of the Whistleblower Protection Act apply accordingly. The processing period until a decision must not exceed three weeks per complaint received.
Healthcare facilities or business partners each grant Germany Success a general as well as an occasion-related right to information and inspection of the documents relating to the placed healthcare professional, insofar as this serves to verify compliance with the requirements of the GTC and the "Policy Statement on Fair and Ethical Recruitment and Placement Practices" and insofar as the rights of the healthcare professional do not preclude this.
Germany Success has the right to extraordinary termination vis-à -vis healthcare facilities or business partners pursuant to § 314 BGB if non-compliance with the GTC and the policy statement is established. Any claim for damages remains unaffected. Germany Success reserves the right to rescind vis-à -vis healthcare facilities or business partners pursuant to §§ 346 BGB et seq. instead of termination.
Healthcare facilities or business partners may not assign or transfer their rights, liabilities or obligations arising from this agreement or arising from agreements to which these GTC apply without the prior written consent of Germany Success.
Germany Success may only refuse consent for good cause.
Germany Success reserves ownership and copyright in all documents provided in connection with the award of contracts, in particular the contract templates – also in electronic form. These documents must not be made accessible to third parties, unless this is mandatory under law or Germany Success gives its express consent in text form to healthcare facilities, healthcare professionals or business partners.
All documents or data sent to Germany Success unsolicited are not binding on Germany Success, unless mandatory statutory provisions provide otherwise. Germany Success accepts no liability for unsolicited documents or data. This does not apply to damage caused by intentional or grossly negligent conduct on the part of Germany Success.
Germany Success is only liable for the proper selection of the placed healthcare professional with regard to the contractually agreed placement activity. Liability for selection negligence is limited to damage caused by intentional or grossly negligent breach of the selection obligation. The amount of liability for all resulting damages is further limited to a maximum total amount of EUR 50,000.00 per calendar year.
With regard to other contractual or statutory obligations, Germany Success is liable for intent and gross negligence. In the case of damage caused by slight negligence, Germany Success is only liable in the event of a breach of a material obligation (cardinal obligation) with regard to the foreseeable and typical contractual damage at the time of conclusion of the contract. The amount of liability for all resulting damages is further limited to a maximum total amount of EUR 50,000 per calendar year. Material contractual obligations are those whose fulfilment is necessary to achieve the contractual objective.
Germany Success is not liable for further claims. Liability for indirect damage and consequential damage is excluded. The aforementioned limitations of liability do not apply to health/personal injury/death and insofar as Germany Success has fraudulently concealed a defect or assumed a corresponding assurance/guarantee.
Insofar as liability is excluded or limited herein, this also applies in favour of the legal representatives, executive bodies and vicarious agents of Germany Success if claims are asserted directly against them.
Germany Success's liability is excluded unless a written notification of the claim for damages is made within three calendar months of the occurrence of the damage and, in the event of rejection by Germany Success, legal action is taken within a further calendar month (exclusion period).
The contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany, excluding all provisions that lead to the application of another national law.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Ketsch. Germany Success is entitled at its discretion to also make use of the court competent for the registered office of the contractual partner. This does not apply to consumers within the meaning of § 13 BGB.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the consumer has their habitual residence, remain unaffected.
The invalidity or unenforceability of a clause of this agreement shall not affect the remaining part of the agreement. The invalid provisions shall be replaced, where available, by the statutory provisions. If this would constitute an unreasonable hardship for a contracting party, the contract shall however become invalid as a whole.
Germany Success is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and is therefore not available for such proceedings.