1.1. These General Terms and Conditions (GTC) apply to all contracts, services, and all business relationships between RE-ALIS GmbH (Im Vogelgesang 20 F, 67346 Speyer, registered in the Commercial Register of the Speyer Local Court under HRB 67242, VAT ID No. DE339903522, hereinafter “RE-ALIS”) and healthcare facilities (in particular clinics, hospitals, hospital networks, nursing homes, and other institutions and organizations in the healthcare and nursing sector seeking to recruit professionals), healthcare professionals (professionals who work or wish to work in healthcare facilities, e.g., nurses, midwives, etc.) as well as other business partners (e.g., language schools). The term “healthcare professional” also includes individuals who are currently in training or seeking to enter such training.
1.2. Any conflicting General Terms and Conditions of the healthcare facilities or business partners shall not apply unless RE-ALIS expressly agrees to their validity.
1.3. The policy statement published by RE-ALIS regarding fair and ethical recruitment and placement practices, in particular the “Employer Pays” principle, is an integral part of these General Terms and Conditions.
1.4. Individual agreements made on a case-by-case basis, including ancillary agreements, supplements, and amendments, shall in all cases take precedence over these General Terms and Conditions. Subject to proof to the contrary, the agreement in written form (§ 126b BGB) shall be decisive for the content of such agreements.
1.5. A consumer is any natural person for whom the purpose of concluding the contract or the use of the services cannot predominantly be attributed to their commercial or self-employed professional activity, § 13 BGB. A business entity is any natural or legal person or partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial, self-employed, or statutory professional activities, § 14 BGB.
1.6. The current version of these Terms and Conditions, as published by RE-ALIS on its website and available for viewing at any time, shall apply. For contracts concluded after a new version takes effect, the current version shall apply unless otherwise expressly agreed.
2.1. Contracts between RE-ALIS, businesses, and/or healthcare professionals are concluded through individual written agreements, unless expressly agreed otherwise.
2.2. All prices are quoted in euros. The prices quoted by RE-ALIS to businesses are exclusive of the applicable statutory value-added tax. For consumers, the prices are final and include the applicable statutory value-added tax.
2.3. The contract is concluded in German. RE-ALIS strives to act transparently and comprehensibly. For contracts with healthcare professionals from abroad, an informational translation is provided using a translation tool. Only the German version is authoritative and legally binding.
2.4. Contracts between RE-ALIS, a healthcare facility, and/or healthcare professionals must be legally permissible under German law as well as under the applicable law of the healthcare professional’s country of origin. Such a contract must provide for a termination option with a notice period of no more than one month. Furthermore, it must be ensured that the contracts do not require the healthcare professional to make any advance payments, in particular deposits or security deposits, nor any subsequent payments, in particular contractual penalties. RE-ALIS assumes no liability for the legal validity of contracts that are concluded in violation of these provisions or deviate from them.
3.1. The subject matter of RE-ALIS’s services is the recruitment, language training, and formal preparation of foreign healthcare professionals for professional employment or training in the Federal Republic of Germany at the respective healthcare facility. This includes, in particular, placement, language training in cooperation with language schools, and assistance with entry and recognition procedures. RE-ALIS is entitled to have these services provided in whole or in part by network partners.
3.2. RE-ALIS acts exclusively as a placement agency and is not a party to the employment or training contract nor to the language training.
3.3. RE-ALIS is not an employer or trainer of the healthcare professionals.
4.1. Remuneration, costs, payment terms, and any additional services are governed exclusively by separate agreements or offers between the parties.
5.1. The healthcare facilities and business partners grant RE-ALIS a general and event-specific right to information and access to the documents of the placed healthcare professionals, to the extent that this serves to verify compliance with the provisions of these General Terms and Conditions and the Policy Statement on Fair and Ethical Recruitment and Placement Practices and does not conflict with the rights of the healthcare professionals.
5.2. RE-ALIS is entitled to an extraordinary right of termination vis-à-vis the healthcare facilities or business partners pursuant to § 314 BGB if a breach of the General Terms and Conditions and the Statement of Principles on Fair and Ethical Recruitment and Placement Practices is established. Any claim for damages remains unaffected by this. RE-ALIS reserves the right to declare withdrawal from the contract with the healthcare facilities or business partners pursuant to §§ 346 ff BGB instead of termination.
6.1. Healthcare facilities or business partners may not assign or transfer their rights, liabilities, or other obligations arising from these General Terms and Conditions or from contracts to which these General Terms and Conditions apply without the prior written consent of RE-ALIS.
6.2. RE-ALIS may refuse such consent only for good cause.
7.1. RE-ALIS reserves all ownership and copyright rights to all documents provided in connection with the placement of an order by RE-ALIS, in particular the contract templates - including those in electronic form. These documents may not be made accessible to third parties without the express written consent of RE-ALIS, unless this is required by law or RE-ALIS grants the healthcare facilities, healthcare professionals, or business partners its express consent in writing.
7.2. Any documents or data sent to RE-ALIS unsolicited are not binding on RE-ALIS, unless mandatory legal provisions stipulate otherwise. RE-ALIS assumes no liability for unsolicited documents or data. This does not apply to damages resulting from intent or gross negligence on the part of RE-ALIS.
8.1. RE-ALIS is liable with respect to the referred healthcare professional only for the proper selection in accordance with the contractually agreed referral services. Liability for errors in selection is limited to damages resulting from an intentional or grossly negligent breach of the selection obligation. Furthermore, the amount of liability for all resulting damages is limited to a maximum total of 50,000.00 euros per calendar year.
8.2. With regard to other contractual or statutory obligations, RE-ALIS is liable for intentional acts and gross negligence. In the case of damages caused by slight negligence, RE-ALIS is liable only in the event of a breach of a material contractual obligation (cardinal obligation) with respect to damages that were foreseeable at the time of contract conclusion and are typical for the contract. The amount of liability for all resulting damages is further limited to a maximum total of 50,000 euros per calendar year. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
8.3. RE-ALIS shall not be liable for any further claims. Liability for indirect or consequential damages is excluded. The aforementioned limitations of liability do not apply to personal injury, i.e., injury to health, bodily injury, or death, nor do they apply if RE-ALIS has fraudulently concealed a defect or has provided a corresponding assurance or guarantee.
8.4. To the extent that liability is excluded or limited herein, this also applies in favor of the legal representatives, members of the executive bodies, and vicarious agents of RE-ALIS if claims are asserted directly against them.
8.5. RE-ALIS’s liability is excluded unless a written notice of the claim for damages is submitted within three calendar months of the occurrence of the damage and, in the event of rejection by RE-ALIS, a legal action is filed within a further calendar month (statute of limitations), unless mandatory statutory provisions preclude this.
8.6. In the event that RE-ALIS is required to pay damages to the healthcare professional due to a breach of contractual or statutory provisions by the business partner, RE-ALIS is entitled to demand the corresponding payment from the affected business partner upon first request or to demand that the business partner indemnify RE-ALIS against the healthcare professional.
8.7. To the extent that RE-ALIS is held liable due to a breach by healthcare facilities, business partners, or third parties of contractual or statutory obligations toward the healthcare professional or third parties, the relevant business partner is obligated to indemnify RE-ALIS against all resulting claims, costs, and damages. This also includes reasonable legal defense
costs.
9.1. The processing of personal data in connection with the performance of the contract is carried out in compliance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
9.2. Personal data is processed exclusively for specific purposes, confidentially, and only to the extent necessary for the initiation, performance, and fulfillment of the contractual services.
9.3. To the extent that special categories of personal data within the meaning of Article 9 of the GDPR are processed in the course of contract performance, this is done exclusively on the basis of a legal authorization or the explicit consent of the data subjects.
9.4. Personal data will only be disclosed to third parties to the extent necessary for the performance of the contract, where legal obligations exist, or where the data subjects have given their consent.
9.5. To the extent that personal data from third countries outside the European Union or the European Economic Area is processed or transferred, this is done exclusively in compliance with the requirements of Articles 44 et seq. of the GDPR.
9.6. Personal data is stored only for as long as is necessary for the initiation, performance, and fulfillment of the respective contractual relationship. This includes, in particular, storage for the fulfillment of statutory retention obligations as well as for proper documentation and invoicing. Once the respective purpose no longer applies or the statutory retention periods
have expired, the data will be deleted, unless further consent has been obtained from the
data subject.
10.1. For better readability, gender-specific distinctions are omitted. References to persons apply to all genders.
10.2. The contractual relationship between the parties is governed by the laws of the Federal Republic of Germany, excluding any provisions that would lead to the application of another national law.
10.3. The exclusive place of jurisdiction for all disputes arising from the contracts between the parties or in connection with the contracts and their performance is Speyer. RE-ALIS is entitled, at its discretion, to also bring an action before the court having jurisdiction over the contractual partner’s place of business. This does not apply to consumers within the meaning of § 13 BGB.
10.4. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular those of the country in which the consumer has their habitual residence, remain unaffected.
10.5. RE-ALIS is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and is therefore not available for such proceedings.
10.6. With this agreement, both parties affirm their intention to establish a constructive, sustainable, and transparent partnership. Mutual transparency is ensured through close communication.
10.7. Amendments or additions to all agreements concluded with RE-ALIS are only effective if they have been agreed upon in writing (§ 126b BGB). This also applies to any amendment to this formal agreement. Notwithstanding the foregoing, amendments or additions to this contract made informally are also effective if they constitute individual agreements within the meaning of § 305b BGB. To facilitate proof, such individual agreements must generally be recorded in writing retrospectively.
10.8. Should any provision in a contract with RE-ALIS, the Statement of Principles on Fair and Ethical Recruitment and Placement Practices, or in these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected, § 306(1) BGB. Invalid provisions shall be replaced by a valid provi-
sion that comes as close as possible to the purpose intended by the parties. The same applies to contractual loopholes.
Speyer, May 1, 2026