Conditions of participation RGV
General terms and conditions for voluntary work and internships abroad at Rainbow Garden Village gGmbH
1 Scope
These General Terms and Conditions (“GTC”) regulate the rights and obligations between Rainbow Garden Village gGmbH (“RGV”) and the person (m/f/d) doing the volunteer work or the internship abroad, who is called “TP” as the participating person. The use of the TP is intended to promote development cooperation and development education through charitable voluntary services and internships in social projects in the host country. Likewise, improving the protection of the environment, nature, species and climate can be the goal of the voluntary service or the internship in a regional environmental project or a corresponding project.
2. Deployment of the TP to the project
A contractual relationship is concluded between RGV as the sending organization and the TP, according to which the TP undertakes to be available to RGV for the posting to the project selected by the TP in the host country for the agreed period of time. There, the TP takes on activities voluntarily, free of charge and selflessly as part of the charitable voluntary service or the internship. This contractual relationship does not establish a legal relationship under employment law. There is no entitlement for the TP to be accepted into an employment relationship subject to social insurance contributions from RGV. The activities within the framework of the contractual relationship result from the description of the project, which is communicated to the TP before the contract is concluded.
3. Activity in the project and deployment time
When fulfilling the voluntary work or the internship, the TP is subject to the instructions of RGV or the project and those persons who have been appointed by RGV for this purpose. This right to issue instructions does not constitute a right of direction under employment law, but is limited to the respective order in the project. The assignment time in the project is determined by mutual agreement. The TP is obliged to observe any existing operational rules and house rules of the project as well as its guidelines and rules of conduct. In particular, the TP accepts the Code of Conduct for Child protection policy, Animal welfare guidelines and conservation guidelines.
4. Preparation and supervision of the TP by RGV
4.1 RGV will use suitable measures to prepare the TP for the assignment in the host country and for the characteristics and culture that are customary there and specific to the respective culture. The TP receives qualified preparation before being sent to the host country and, if necessary, an introductory event, such as an orientation program in the host country. During the volunteer stay or the internship, the TP is also looked after by RGV and informed about all measures required for the assignment. Obtaining a residence permit that may be required for the TP, documents for the visa application and the visa application itself is the sole and complete responsibility of the TP. The TP must take care of the entry formalities itself and ensure that they meet these requirements correctly and in good time in order to be able to start their stay abroad properly.
4.2 RGV supports the TP in the organization and implementation of the volunteer or internship stay in the host country as an obligation within the framework of the contractual relationship and provides accommodation and meals for residential purposes during the volunteer work or internship. RGV points out that the accommodation is not intended for recreational purposes, but only to enable the TP to stay. The TP can also purchase language courses or preparatory courses as individual services from RGV for preparation.
4.3 If the TP chooses accommodation and meals in accordance with the RGV tender, a separate accommodation contract (contract for work) within the meaning of Section 631 of the German Civil Code will be concluded for this service. The accommodation is used exclusively for accommodation during the volunteer work and is therefore for residential and not recreational purposes. As an individual service to be provided by RGV for this purpose, it is not subject to package travel law. A separate work contract is also concluded for the courses to be purchased from RGV (language courses, preparatory courses). Such courses are also not subject to the package travel law, as they serve education.
4.4 For accommodation and meals as well as for courses, RGV is entitled to charge a fee, which the TP will be informed of when registering for such services.
5. Conclusion of contract, contract changes
5.1 The TP can register electronically for the voluntary stay or internship at as well as for accommodation with meals or for courses for the remuneration shown in the registration process for the selected period.
5.2 The electronic booking process is explained on the website in the application. A corresponding correction option is available to correct the entries, to delete or to reset the entire booking form, the use of which is explained. The contractual languages offered for carrying out the online booking are specified. Only the German language is legally relevant. If the text of the contract is stored by RGV in the online booking system, the TP will be informed of this and of the possibility of later retrieving the text of the contract. The TP can correct input errors by clicking in the respective field. If you want to cancel the booking process completely, you can simply close your browser window.
5.3 By clicking on the button (the button) "Book with costs", the TP offers the conclusion of the volunteer or internship contract in a binding manner. At the same time, the registration represents an order for the conclusion of an accommodation contract regarding the selected accommodation and meals during the volunteer work or the internship or a course as well as the organization of these services. The TP receives an electronic confirmation of receipt of the registration, which does not yet represent acceptance of the contract.
5.4 The contractual relationship, with which the TP undertakes to perform the volunteer or internship activity, comes into effect when RGV accepts the TP's registration. After the request and placement in the project, the TP will be informed by RGV that their registration has been accepted with the booking confirmation on a permanent data carrier (e-mail). At the same time, RGV informs the TP about the accommodation and meals booked or a chosen course. The conclusion of the contract is thus binding and the project is informed about the posting.
5.5 RGV points out that there is no legal right of withdrawal for the voluntary stay or internship chosen by the TP, as well as for the booked accommodation and meals or selected courses, since these are services in connection with leisure activities for which a specific period of time is required is intended (cf. § 312g Para. 2 No. 9 BGB). Withdrawal from the volunteer or internship contract and from the selected services of accommodation / meals or the courses is possible in accordance with Section 6.2 of these General Terms and Conditions.
5.6 The TP has no right to a change in the contract, for example in the form of a different project, a different type of accommodation or a course after the conclusion of the contract. Rebookings are generally only possible after prior cancellation in accordance with Section 6 of these General Terms and Conditions and re-registration for a new project. If RGV can carry out such a rebooking, RGV is entitled to charge a processing fee, the amount of which will be communicated to the TP in advance in each individual case. When calculating a flat rate, the TP can prove that RGV has suffered no damage at all or only less damage than the flat rate specified to it as a result of the rebooking.
6. Withdrawal of the TP
6.1 There is no statutory right of withdrawal for the volunteer or internship contract before it begins. There is also no right of withdrawal for the selected services of accommodation and meals or courses before the start of the services.
6.2 RGV, the TP voluntarily grants a contractual right of withdrawal, according to which the TP can withdraw from the contract at any time before the start of the volunteer or internship contract and from the accommodation contract for room and board or a course contract. It is recommended to declare a withdrawal to RGV in writing or electronically. In this case, RGV is entitled to receive compensation, which can be demanded as a flat rate as a percentage of the total price of the services selected by the TP, based on the time of the TP's withdrawal:
- up to 60 days before the start of the stay: 20%
- from the 59th to the 30th day before the start of the stay: 30%
- from the 29th to the 7th day before the start of the stay: 50%
- from the 6th day before the start of your stay
- / in case of no-show: 90%.
6.3 The TP is at liberty to prove that no damage occurred at all or that it was less than the aforementioned flat rates. RGV reserves the right to demand higher, specific compensation in individual cases instead of the aforementioned lump sums and will in this case specifically quantify and document the compensation demanded.
7. Unused services
If the TP does not use services that were duly offered to it by RGV for reasons for which it is solely responsible (e.g. early departure or return journey, illness, personal reasons), there is no entitlement to a pro rata refund of the remuneration paid .
8. Termination
8.1 RGV and the TP are always entitled to extraordinary termination for important reasons. The good cause required for such an extraordinary termination exists if the TP grossly violates the obligations expressly regulated in these GTC, in particular if it defaults on a payment amount due despite a reminder, or if insolvency proceedings have been opened against its assets, it fails to do so when it is due is insolvent, or procedures, resolutions, applications or other steps have been taken in relation to the insolvency, and these measures may significantly affect the execution of the contract between RGV and the TP and the continuation of the contract is therefore unreasonable for RGV.
This also applies if the TP violates its obligations to cooperate before the start of the volunteer work or the internship in relation to the provision of the participation documents that are mandatory for the placement and is in default with their submission despite a reminder. An important reason for the extraordinary termination also exists if the TP behaves in breach of contract on a sustained basis or to such an extent that it is unreasonable to continue the contractual relationship with it until the agreed termination or the expiry of a period of notice, or if it otherwise behaves in a manner that is severely in breach of contract, especially if they do not comply with the Code of Conduct despite being asked to do so. If RGV cancels, RGV retains the right to the remuneration, but must allow the value of the saved expenses and those advantages to be credited that it obtains from another use of the unused service. Any additional costs are borne by the TP itself.
8.2 All terminations must be in writing or in text form to be effective.
9. Force majeure
9.1 RGV can withdraw from the contract before the start of the services if these are caused by force majeure, such as natural disasters, epidemics, pandemics, measures to combat diseases, acts of war, civil war, political unrest, official measures or coercive measures of the state, quarantine, strike or other Events with a similar effect are affected, which make the implementation of the volunteer or internship stay or the accommodation of the TP or the course chosen by them significantly more difficult, hinder or temporarily, partially or completely impossible. In this case, payments of the total price will be reimbursed by RGV to the TP. The TP has no further claims beyond this.
9.2 If the voluntary or internship stay of the TP, their accommodation or the course they have chosen is affected by force majeure within the meaning of Section 9.1 after the start of the services, the following applies: events of force majeure, the RGV or the TP the agreed services make it unreasonably difficult or temporarily impossible in whole or in part, entitle the respective party to postpone the performance of the services for the duration of the hindrance. The contractual obligations continue to exist insofar as they can be carried out despite the force majeure. If the performance of the affected party becomes permanently impossible due to obstacles of force majeure, it is released from the contractual obligations still to be performed. The TP shall bear any additional costs caused by force majeure, for example for early departure. There will be no reimbursement for services already rendered, for services still to be rendered by RGV only if expenses have been saved and/or actual refunds have been received.
9.3 RGV is entitled to terminate the contract with immediate effect in the event of force majeure within the meaning of Section 6.1 during the stay of the TP. In this case, too, there will be no reimbursement for services already rendered by RGV and for services still to be rendered by RGV only if expenses have been saved and/or actual refunds have been received.
10. Liability, Limitation of Liability, Insurance
10.1 The TP is legally liable for any damage it is responsible for. The existence of personal liability insurance is a prerequisite for every TP. The non-responsible, honorary activity is usually insured through the private liability insurance. The TP must clarify for itself whether there is cover abroad. The TP must take out international health insurance, if possible combined with accident insurance, and provide evidence to RGV.
10.2 RGV takes great care in advising and organizing the TP. RGV is liable for intent or gross negligence. In the event of a slightly negligent breach of contractual obligations, the claim for damages against RGV is always limited to the damage that was foreseeable as a possible consequence of the type of service at the time the contract was concluded and is typical of the contract. This also applies to slightly negligent breaches of duty by the legal representatives and vicarious agents of RGV. Furthermore, RGV's liability for damage caused by slight negligence by RGV or its vicarious agents is limited to EUR 50.000,00 per damage event for property damage and financial loss. All limitations of liability mentioned do not apply to compensation for damages due to injury to life, limb and health. RGV is not liable for the services of external and third-party providers that are clearly marked as such.
11. Reimbursement of expenses, equipment of the TP in the project
The TP is not entitled to reimbursement of expenses that arise in the course of the volunteer or internship activity and that may be deemed necessary under the circumstances. Reimbursement of expenses can only be granted after separate, prior agreement. The TP is given the opportunity to use existing equipment in the project for the activity.
12. Data Protection, Right to Object
12.1 RGV informs TP about the processing of their personal data in the data protection declaration on the website and in the data protection notice when contacting them. RGV complies with the provisions of the BDSG and the GDPR when processing personal data. Personal data is all data that relates to a person personally (e.g. name, address, e-mail address). This data is processed insofar as it is necessary for the appropriate processing of the inquiry, booking request, for the implementation of pre-contractual measures or for the fulfillment of the contract from the volunteer or internship contract or the accommodation contract or for a course.
Data processing is permitted for the stated purposes in accordance with Article 6 Paragraph 1 Sentence 1 Letter b GDPR. The data will only be passed on to authorized third parties within the scope of the admissibility according to the standards mentioned, who need the data to carry out the mediated contract. The TP has the option at any time to call up the data stored by RGV, to request information about this, to change it or to delete it. The personal data will be deleted if the TP or the legal representatives revoke their data for storage, if the data is no longer required for RGV to fulfill the purpose for which it was stored or if their storage is prohibited by law.
The TP has all rights resulting from the data protection declaration according to Art. 15 to 20, 77 DSGVO. If the TP's personal data is processed on the basis of legitimate interests pursuant to Article 6 Paragraph 1 Clause 1 Letter f GDPR, she has the right to object to the processing of her personal data pursuant to Article 21 GDPR, insofar as this There are reasons that arise from your particular situation. The TP can exercise its right to object by sending an email to info@rainbowgardenvillage.com or by contacting RGV at the address below.
12.2 By sending a message to info@rainbowgardenvillage.com, TP can object to the use or processing of your data for advertising, market or opinion research purposes.
13. Miscellaneous Terms and Notices
13.1 Upon request, a certificate of the type and scope of the voluntary work or internship can be issued upon successful completion of the voluntary work/internship. The TP has to comply with agreements made about deployment times and tasks as far as possible and to announce a hindrance as soon as possible.
13.2 Should individual provisions of these GTC be ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the remaining clauses of the GTC shall remain unaffected.
13.3 German law applies exclusively to the entire contractual and legal relationship. Online dispute resolution: The European Commission provides a platform for online dispute resolution (OS) for out-of-court settlement of consumer disputes, which can be found at https://ec.europa.eu/consumers/odr. Dispute settlement before a consumer arbitration board: RGV does not participate in a dispute settlement procedure before a consumer arbitration board and is not legally obliged to participate in such procedures
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Sending organisation: Rainbow Garden Village gGmbH, Rosenkavalierplatz 18, D-81925 Munich, Managing Director: Authorized representative: Mariana Merlini Dannecker, telephone: +49 89 45453793, e-mail: info@rainbowgardenvillage.com, VAT ID DE353595645.
