GentleCare-Private.com

Company Number: 17075053

These General Terms and Conditions apply to all services initiated, brokered or directly agreed via GentleCare-Private.com, unless otherwise agreed in the respective individual contract.

The offer is aimed in particular at adult private clients who wish individual, longer-term personal companionship, everyday assistance and support in shaping their private lives.

GentleCare-Private is an exclusive private long-term companionship service.

The subject of the service is in particular the personal and social companionship of the client in line with his individual wishes and needs.

This may include in particular:

• personal company and social companionship
• companionship in private everyday life
• companionship to social or private appointments
• travel and leisure companionship
• companionship for shopping, events and outings
• support with organisational matters of daily life
• shared leisure activities
• personal presence and company
• individual companionship and assistance services

Type, scope, place of engagement, duration and remuneration are agreed individually with the client.

GentleCare-Private is oriented towards long-term, individually designed client relationships.

GentleCare-Private is not a hospital, not a medical practice, not a provider of medical services and not an approved outpatient care service.

GentleCare-Private provides no nursing care, treatment care, medical treatment or other services whose performance is reserved, under the applicable national law, to holders of a special medical, nursing or official authorisation.

In particular, the following activities are not part of the scope of services – unless expressly permitted in the respective country of engagement and separately agreed:

• medical diagnoses or medical advice
• administration or dosing of medication
• injections or infusions
• wound care
• medical or therapeutic treatments
• medical monitoring
• treatment-related nursing measures
• physical personal care measures
• activities reserved by law exclusively to members of a regulated health or care profession

Our service does not replace a doctor, care service, emergency service, therapist or any other provider of medical services.

In selecting our companions we place particular value on personal suitability, reliability, discretion, social competence and professional preparation for accompanying our clients.

Companions may additionally hold training, professional experience, further education or qualifications from care, health, social or comparable professions.

Such qualifications serve in particular the personal quality, experience and safety of our companions.

They do not, however, mean that medical, nursing or other legally regulated services are automatically owed or offered through GentleCare-Private.

Decisive for the contractual subject matter are exclusively the companionship services specifically agreed.

The services of GentleCare-Private are fundamentally offered as private services.

Unless expressly stated otherwise for a specific country or service, we do not act as a provider approved or recognised under social, long-term care or health insurance law.

There is no entitlement to costs being covered by a statutory or private health insurance, long-term care insurance, care fund, authority or any other cost bearer.

The client fundamentally bears the agreed remuneration himself.

Any possible reimbursement by third parties is to be clarified by the client directly with the respective cost bearer.

GentleCare-Private is fundamentally oriented towards brokering and organising companionship services within Europe.

In cross-border engagements, the mandatory legal provisions of the respective country of engagement are observed.

Where a desired activity in the respective country is subject to a special licence, registration, professional qualification or other official requirement, there is no entitlement to the performance of this activity by GentleCare-Private or a companion.

In that case, the engagement is limited to the legally permissible companionship services.

GentleCare-Private does not operate on a classically hourly-limited care service model.

On request, companionship over longer periods and – depending on availability, deployment planning and legal requirements – also all-day or round-the-clock arrangements can be organised.

24-hour companionship does not necessarily mean that one and the same companion works without interruption.

Statutory working, rest and recovery periods and other labour law requirements remain unaffected.

Where appropriate, several companions may be deployed in rotation.

The concrete scope of services results from the respective offer, booking confirmation or individual service contract.

Individual agreements with the client take precedence over these General Terms and Conditions where confirmed in writing or text form.

An entitlement to a specific companion exists only where this has been expressly agreed.

In the event of illness, absence, force majeure or comparable circumstances, GentleCare-Private is entitled to propose a suitable substitute.

Remuneration follows the individually agreed offer or contract.

Additional costs, in particular for travel, accommodation, flights, rail journeys, transfers, tickets or other expenses incurred in the interest of the client, may be charged separately where this has been agreed or is necessary for the respective engagement.

Payment terms and any agreed advance payments result from the respective offer or individual contract.

The client undertakes to provide, in good time, all information required for the safe and proper performance of the agreed companionship.

Where circumstances exist that may create particular safety risks for the client or the companion, GentleCare-Private must be informed of these before the engagement begins.

The client shall respect the personal dignity, privacy and safety of the deployed companions.

Unlawful activities can neither be demanded nor agreed.

GentleCare-Private and the deployed companions are entitled to decline or terminate assignments or individual activities if their performance would be unlawful or objectively unreasonable or would pose a significant danger to persons.

Cancellation, termination and minimum term conditions result primarily from the respective individual offer or contract.

Statutory rights of termination, withdrawal and revocation remain unaffected.

For long-term contractual relationships, individual notice periods may be agreed.

Where the applicable consumer law grants the client a right of withdrawal for a distance contract or a contract concluded outside business premises, the client will be informed of this separately.

If the client expressly demands that a service begins before the expiry of a statutory withdrawal period, the respective mandatory statutory provisions apply with regard to remuneration and a possible expiry of the right of withdrawal.

GentleCare-Private is liable in accordance with the respectively mandatory statutory provisions.

Liability for intent, gross negligence and for damage arising from injury to life, body or health is neither excluded nor limited.

In the event of a slightly negligent breach of essential contractual obligations, liability – to the extent permitted by law – is limited to the damage typical for this type of contract and foreseeable at the time of conclusion.

Mandatory statutory liability provisions remain unaffected.

GentleCare-Private is not liable for delays or failures of performance attributable to circumstances outside our reasonable control.

These may include in particular natural events, official measures, border or travel restrictions, strikes, significant traffic disruptions or comparable occurrences.

In such a case, we will endeavour to find a reasonable alternative solution together with the client.

GentleCare-Private treats the personal information of its clients confidentially.

Information is processed exclusively in accordance with the applicable data protection provisions.

Supplementary information can be found in our privacy statement.

Our companions are likewise obliged to maintain appropriate confidentiality and discretion.

To the extent permitted by law, the law of England and Wales applies to contractual relationships with Sugar Agency LTD.

For consumers, however, this choice of law does not affect the mandatory consumer protection provisions of the country in which the consumer has his habitual residence, to the extent these provisions mandatorily apply under the applicable private international law.

Mandatory statutory venues for consumers remain unaffected.

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the remaining provisions shall remain unaffected.

The respectively applicable statutory provisions shall replace any invalid provision.

GentleCare-Private reserves the right to adapt these General Terms and Conditions for future contracts, in particular where legal or organisational changes make this necessary.