CARE CONTRACT

Version: June 2026

1. Contracting Parties

Upon completion of a booking on the CAIR platform, a contract is formed between:

the caregiver or the deploying agency, whose identity, company form, address and tax details result from the profile stored on the CAIR platform and are clearly displayed to the client in the booking process prior to conclusion of the contract,

hereinafter referred to as the "Caregiver" or the "Agency",

and the client or the person receiving care, whose details result from the user profile stored on the CAIR platform,

hereinafter referred to as the "Client".

CAIR is not a party to this contract, but solely provides the technical intermediation and payment infrastructure. Insofar as functions under this contract are handled via the CAIR platform, CAIR acts exclusively as the technical operator of the platform and assumes no obligation of its own to perform or to stand in for performance vis-à-vis the contracting parties. Rights and obligations under this contract exist exclusively between the Client and the Caregiver or the deploying Agency. In addition to this contract, the Terms of Use of the CAIR platform and the Payment Terms of the CAIR platform apply, in each case in the version valid at the time of booking, available at cair-app.com/terms and cair-app.com/payment-terms.

Scope of application. This contract applies exclusively to bookings concluded via the booking process of the CAIR platform with verified caregivers or deploying agencies. If an affiliated company of the CAIR Group acts as the deploying agency or as the caregiver's employer, it is deemed a deploying agency within the meaning of this contract; CAIR itself does not become a contracting party in this case either. This contract does not apply to the direct employment of a caregiver by the Client outside the booking process of the CAIR platform, in particular in the case of non-verified caregivers.

2. Digital Conclusion of the Contract

2.1 Formation of the Contract

The contract is formed by two successive declarations of intent: a binding offer by the Client (booking request) and its acceptance by the Caregiver or the deploying Agency.

The Client makes their binding offer by pressing, on the final order page of the booking process — on which the contracting partner, scope of services, deployment period and total price are once again clearly displayed immediately above the button — the button labelled "book with obligation to pay" ("zahlungspflichtig buchen") or an equivalent unambiguous wording. With this confirmation, the Client submits a binding booking request; a contract is not yet formed thereby.

The contract is only formed when the Caregiver or the deploying Agency accepts the booking request via the CAIR platform within the period specified in the booking process. Acceptance is confirmed to the Client via the CAIR platform (booking confirmation). The Client is bound by their offer until expiry of the specified acceptance period. If the Caregiver or the Agency does not accept the booking request within this period, the offer lapses; payment amounts already authorised or reserved will be released or refunded in accordance with the Payment Terms of the CAIR platform.

2.2 Display of the Contracting Parties

Before completion of the booking, the user interface of the CAIR app clearly shows the Client with whom the contract is being formed, i.e. whether it is a self-employed caregiver or a deploying agency. The displayed party is the Client's sole contracting partner.

2.3 Documentation

The date, time and contract version of the conclusion are technically logged. A copy of this contract and the booking confirmation are made permanently available to the Client in the user interface of the CAIR app after conclusion.

2.4 Right of Withdrawal

The Client has a statutory right of withdrawal of 14 days from conclusion of the contract. The Client may expressly request that performance of the service begin before expiry of the withdrawal period. If the Client subsequently withdraws, withdrawal remains possible until expiry of the period; for the services provided up to the withdrawal, the Client owes compensation for value in accordance with Section 13.3. The right of withdrawal expires early only if the service has been performed in full and the Client, before performance began, expressly consented and confirmed their awareness that they lose their right of withdrawal upon full performance of the contract. The withdrawal instruction and the model withdrawal form are made available to the Client separately in the booking process on the CAIR platform.

3. Subject Matter of the Contract

The subject matter of this contract is the provision of care, relief and support services in the home environment. These may include in particular the following services:

1. Care services within the meaning of the German Social Code Book XI (SGB XI), in particular

assistance with basic care (e.g. personal hygiene, nutrition, mobility),
care-related support measures (e.g. support for dementia, structuring the day),
domestic care within the scope of a care need.

2. General care and everyday assistance that does not necessarily constitute care services under SGB XI, in particular

purely household activities (e.g. cleaning, shopping, cooking),
accompaniment on errands, appointments and leisure activities,
general social care and companionship.

Medical or treatment-related care services reserved for certified nursing staff are not part of this contract.

The exact scope of services results from the Caregiver's profile on the CAIR platform, the booking confirmation and the agreed deployment times. What is owed is the provision of these services by a caregiver who meets the requirements set out in the profile and in the booking confirmation, not the deployment of a specifically named person. The presentation of a specific caregiver in the profile serves to specify these requirements.

4. Form of Employment of the Caregiver

The form of employment results from the information stored on the CAIR platform at the time of booking and is displayed to the Client in the booking process. It forms part of the booking confirmation. The Caregiver may work in one of the following forms:

(a) Employment relationship

The Caregiver is an employee of an outpatient service, a social institution or a licensed care facility. The employer bears responsibility for taxes and social security contributions, occupational safety and proper employment.

(b) Deployment by an agency or institution

The Caregiver is deployed by an agency or institution. By the deployment, the deploying institution confirms the proper employment and the entitlement to provide the services offered. It bears sole responsibility for the conformity of the employment relationships with employment law, social security law and tax law.

(c) Self-employed activity

The Caregiver provides the services as a self-employed person and is independently responsible for taxes, social insurance and the organisation of their activity.

(d) Principle of entrepreneurial independence

To safeguard the legal requirements of the freedom to provide services pursuant to Art. 56 TFEU and to avoid impermissible false self-employment, the following applies:

The Client does not themselves draw up duty or leisure schedules for the Caregiver.
The Client does not issue direct instructions to the Caregiver in the sense of an employer's right of direction under employment law.
The Client does not integrate the Caregiver into their own operational processes.

Coordination of the provision of services takes place exclusively within the framework of the service parameters agreed on the CAIR platform and in consultation with the Caregiver or the deploying Agency.

5. Tax Classification and Recognition

The Caregiver or the Agency is an entrepreneur for VAT purposes and decides on their own responsibility whether the services they provide are to be invoiced as tax-exempt or taxable.

A VAT exemption may be considered in particular under Section 4 No. 16 of the German VAT Act (UStG), Section 4 No. 18 UStG, Sections 45a to 45c SGB XI and Art. 132 (1) (g) of the EU VAT Directive (MwStSystRL), provided the statutory requirements are met in each case.

The parties are aware that a tax exemption may only be considered for care services within the meaning of SGB XI. Purely household activities or general everyday assistance without a care-related connection may be subject to VAT.

The Caregiver warrants their hypothetical suitability for concluding a supply contract with care insurance funds pursuant to Section 77 (1) sentence 1 SGB XI (within the meaning of the case law of the German Federal Fiscal Court, case no. V R 13/14), insofar as they provide care services under SGB XI, and undertakes to provide suitable evidence upon request.

If the requirements for a tax exemption are met, invoicing takes place without VAT with the note:

"VAT-exempt care service pursuant to Art. 132 (1) (g) of the EU VAT Directive in conjunction with Section 4 No. 16 UStG and SGB XI."

If the requirements are not met, invoicing takes place plus statutory VAT or, where applicable, applying other exemption provisions (e.g. the small business regulation under Section 19 UStG).

CAIR does not make its own tax assessment and does not provide tax advice. Tax responsibility lies exclusively with the Caregiver.

6. Performance of Services

The Caregiver performs the agreed services with professional care, on their own responsibility and in accordance with recognised standards for nursing and care services. They decide themselves on the organisation, nature and sequence of activities within the agreed scope of services.

Replacement by the Caregiver or the Agency. The caregiver presented in the profile is the person designated for the deployment. What is owed is the provision of the agreed care service by a caregiver who meets the requirements set out in the profile and in the booking confirmation. The Caregiver or the deploying Agency is entitled to replace the deployed person for good cause, in particular in the case of scheduled rotation, illness, holiday, unavailability or lack of availability, with an equivalently qualified person who meets the agreed requirements. A planned change will be announced to the Client in good time via the CAIR platform. If the replacement meets the agreed requirements, the Client is obliged to accept them; the right to request a change for justified cause remains unaffected. A replacement without good cause, or the deployment of a person who does not meet the agreed requirements, is not permitted without the Client's prior consent.

Upon a justified request by the Client, a replacement of the Caregiver may be demanded. The Client communicates the request together with the reasons via the CAIR platform. The Caregiver or the deploying Agency provides a suitable replacement caregiver within up to 14 days of the notification. Independently of this, the Client is free to book a new caregiver on their own responsibility and at any time via the CAIR platform; the provision of a replacement by the Agency and the Client's own booking stand on an equal footing. The processing of such a new booking is governed by the Terms of Use of the CAIR platform. For the transitional period, the Client's obligation to pay remuneration to the respective contracting partner remains unaffected.

7. Working Hours and Rest Periods

Care is not provided around the clock, but within clearly regulated working hours with binding rest periods.

Weekly working hours: The regular working time is a maximum of 40 hours per week, generally within a daily time window from 09:00 to 17:00. Exceedances are permitted only by express agreement and with corresponding remuneration.

Breaks: The Caregiver is entitled to at least 60 minutes of break time per working day. Breaks do not count as working time.

Rest period and free time: After completion of the daily work, an uninterrupted rest period of at least eleven hours must be granted. The Caregiver is entitled to one free day per week; alternatively, equivalent time off may be agreed by mutual consent.

Night-time care: Between 22:00 and 06:30 there is in principle no obligation to perform services. Night-time deployments take place only by express agreement and are to be remunerated separately.

Principle of limited responsibility: The Caregiver does not assume sole round-the-clock care. The care is part of a coordinated support and care concept.

8. Obligations of the Client

The Client undertakes in particular:

to provide a safe, hygienic working environment,
to provide free, lockable, clean accommodation with access to a kitchen and sanitary facilities,
to provide appropriate meals for the Caregiver during the deployment,
to treat the Caregiver respectfully and without discrimination,
to provide all relevant information about the person receiving care (in particular regarding care level, state of health, risks),
to provide, upon request, information and evidence of the need for care (e.g. notice of care level),
to organise arrival and departure, where agreed,
to refrain from issuing direct instructions to the Caregiver and from drawing up their own duty or leisure schedules (cf. Section 4 (d)).

9. Unreasonable Accommodation

If the accommodation provided does not meet the minimum requirements set out in Section 8, in particular with regard to cleanliness, lockability, access to sanitary facilities or safety, the Caregiver is entitled to report the defects without delay via the CAIR platform and to request the Client to remedy them within 48 hours. The request is deemed effected upon receipt via the CAIR platform.

If no remedy is provided within this period, the Caregiver or the deploying Agency has an extraordinary right of termination for good cause. In this case, the Client must bear the Caregiver's proven return travel costs. Further claims for damages remain unaffected.

10. Interruption of Care

A temporary interruption of the booking is possible by prior written agreement and may amount to up to 6 weeks per year. A flat fee is payable for increased administration and travel costs, the amount of which results from the conditions displayed on the CAIR platform.

A temporary absence of the person receiving care from the place of performance (e.g. due to a hospital stay) of up to 14 days does not affect the subject matter of the contract or the obligation to pay remuneration. The Client is obliged to pay the agreed remuneration for this period. In the case of an absence of more than 14 days, the provisions on interruption pursuant to paragraph 1 apply accordingly.

If care is not resumed after the agreed interruption, the Caregiver or the deploying Agency is entitled to terminate the booking subject to the ordinary notice period.

11. Illness-Related Absence of the Caregiver

If the Caregiver falls ill during an ongoing deployment and is temporarily unable to provide the agreed services, they must report this without delay, at the latest by the start of the regular deployment time, to the Client via the CAIR platform.

In the case of an absence of up to 3 days, the Client's obligation to pay remuneration is suspended for the period of absence. The Caregiver or the deploying Agency endeavours to organise short-term interim cover.

In the case of an absence of more than 3 consecutive days, the following applies:

If an agency is the contracting partner, it provides a suitable replacement caregiver within 5 working days.
If no replacement can be provided, or if a self-employed caregiver is the contracting partner, the Client's obligation to pay remuneration is suspended for the period of absence.
Irrespective of the provision of a replacement, the Client is entitled to book a new caregiver on their own responsibility via the CAIR platform; the processing is governed by the Terms of Use of the CAIR platform.
In this case, the Client is entitled to terminate the contract extraordinarily if the absence exceeds an uninterrupted duration of 14 days.

The Caregiver bears responsibility for timely notification. In the event of culpably delayed notification, the Client may claim additional costs incurred (e.g. for short-term external care).

12. Non-Solicitation Clause

The Client undertakes not to employ, commission or refer onwards, either directly or indirectly through third parties, the caregiver placed via the CAIR platform or the deploying agency within 24 months of the end of the booking.

In the event of a breach of this prohibition, a contractual penalty of €5,000 is payable to the Caregiver or the deploying Agency. Further claims for damages remain unaffected.

13. Cancellation

13.1 Cancellation by the Client before the Start of Performance

The following fees apply to the cancellation of a confirmed booking by the Client before the start of performance:

Free of charge for cancellation up to 30 days before the start of the booking.
10% of the agreed booking amount for cancellation between 7 and 30 days before the start of the booking.
30% of the agreed booking amount for cancellation less than 7 days before the start of the booking.

The cancellation conditions applicable at the time are transparently displayed to the Client in the booking process on the CAIR platform and form part of the booking confirmation.

13.2 Cancellation after the Start of Performance

If a cancellation is made after the start of performance, the Client bears the following costs:

the Caregiver's travel costs for arrival and departure,
the care days provided up to the time of cancellation, including partial days,

plus a cancellation fee of 40% of the remaining order value.

13.3 Right of Withdrawal during an Ongoing Service

If the Client withdraws after performance has begun but before the service has been fully performed, they owe compensation for the value of the services provided up to the time of withdrawal. The compensation is determined by the proportion of the services already provided relative to the total scope agreed in the contract and includes in particular:

the Caregiver's travel costs for arrival and departure,
the care days provided up to the withdrawal, billed on the basis of the agreed daily rate. Partial care days are billed as agreed.

13.4 Cancellation by the Caregiver

Cancellations by the Caregiver can impair users' trust in the platform. In the event of a cancellation by the Caregiver, the following fees apply:

0 to 7 days before the start of care: 50% of the booking amount
8 to 30 days before the start of care: 30% of the booking amount
More than 30 days before the start of care: 10% of the booking amount

A cancellation fee may be waived if the Caregiver proves that extraordinary circumstances existed (e.g. sudden illness, family emergencies, natural disasters). Corresponding evidence must be submitted via the CAIR platform within 5 working days of the cancellation. If proven extraordinary circumstances exist, the cancellation fee does not apply. The transmission and documentation of the evidence take place via the CAIR platform in accordance with its Terms of Use. The cancellation fee is owed to the Client; it serves to compensate the disadvantages incurred by the Client as a result of the cancellation. The collection and forwarding of the fee take place via the CAIR platform in accordance with the Terms of Use and the Payment Terms.

13.5 Proof of Lesser Damage

The Client retains the right to prove that the contracting partner suffered no damage or significantly less damage as a result of the cancellation. In this case, the Client owes only the damage actually incurred. The contracting partner remains free to prove higher damage.

14. Cooperation of the Caregiver and Documentation on the CAIR Platform

The Caregiver undertakes to always provide truthful and up-to-date information on the CAIR platform, in particular regarding qualifications and training, professional experience, the type of services offered (care services under SGB XI vs. general care/household services), their status (employed, deployed, self-employed) and their tax classification (e.g. use of the tax exemption, small business status).

The Caregiver agrees that this information may be stored as part of the contract and invoicing documentation and may be evidenced where required.

The Caregiver confirms that they review the VAT treatment of their services on their own responsibility and, where necessary, obtain expert advice (e.g. from a tax advisor).

15. Remuneration and Payment Processing

The remuneration results from the price published on the CAIR platform or the remuneration agreed in the booking process. Applicable travel costs and any surcharges or special remuneration are transparently displayed to the Client in the booking process and form part of the booking confirmation.

Payment processing, payment dates, accepted payment methods and the handling of chargebacks and cancellations are governed exclusively by the Payment Terms of the CAIR platform in the version valid at the time of booking, available at cair-app.com/payment-terms, which are hereby expressly declared part of this contract.

CAIR is entitled to receive payments in the name and for the account of the Caregiver and to forward them to the Caregiver, insofar as this is provided for in the Payment Terms.

16. Liability

Liability is governed by the statutory provisions. There is no limitation of liability for damage to life, body or health.

CAIR assumes no liability for the care services owed under this contract, as CAIR is not a party to this contract.

The liability of the Caregiver or the deploying Agency is excluded for damage caused by unauthorised decisions of the Caregiver without the influence of the deploying Agency, minor damage occurring in the course of everyday housekeeping despite reasonable care, defects that already existed at the time of handover, normal wear and tear of furnishings and premises, instructions of the Client or third parties, and force majeure.

The deploying Agency confirms that its caregivers are covered by business liability insurance and are properly covered by social and health insurance.

17. Data Protection

The parties process personal data exclusively for the performance of this contract in accordance with the GDPR and Section 67b of the German Social Code Book X (SGB X). For data processed via the CAIR platform, the CAIR Privacy Policy, available at cair-app.com/privacy, additionally applies.

18. Contract Duration and Termination

The contract applies for the period agreed in the booking process on the CAIR platform. The contract is not automatically extended.

In the case of ongoing care, ordinary termination is possible with a notice period of 14 days.

Termination in the Event of the Death of the Person Receiving Care

(1) Upon the death of the person receiving care, the contract ends automatically. No termination is required. The contract does not pass to the heirs for continuation. The care service is replaced solely by the winding-up in accordance with the following paragraphs.

(2) The contract ends upon expiry of the seventh day after the occurrence of death. For this period, the agreed remuneration is owed, irrespective of whether and for how long the Caregiver is still present after the death. The costs of the Caregiver's return journey are not included in this remuneration; they are incurred separately in accordance with the conditions set out in the contract and on the CAIR platform and are to be borne by the Client.

(3) If death occurs within the first month after the start of performance, the period under paragraph 2 is fourteen days. In addition, a flat travel allowance is owed in accordance with the conditions displayed on the CAIR platform.

(4) The remuneration owed for the period under paragraph 2 or paragraph 3, as well as the return travel costs or the flat travel allowance, are estate liabilities and are to be borne by the heirs.

(5) The death must be reported without delay via the CAIR platform. The Caregiver vacates the accommodation provided within the period under paragraph 2 or paragraph 3, at the latest, however, by the end of the contract, and returns any keys and items provided.

(6) No further claims arise in connection with termination in the event of death, unless mandatorily provided otherwise by law.

The right to extraordinary termination for good cause remains unaffected.

19. Final Provisions

Amendments and supplements to this contract require text form (e.g. e-mail or digital confirmation via the CAIR platform).
Should any provision of this contract be or become invalid, the remainder of the contract remains valid.
The law of the Federal Republic of Germany applies. The care services are currently provided exclusively in Germany.
In addition to this contract, the Terms of Use of the CAIR platform (cair-app.com/terms) and the Payment Terms of the CAIR platform (cair-app.com/payment-terms) apply.
In the relationship between this care contract, the Terms of Use of the CAIR platform and the Payment Terms of the CAIR platform, the following order of precedence applies: this contract takes precedence over the Terms of Use. The Payment Terms take precedence over both documents in all matters relating to payment processing. In the event of contradictions between the documents, the provision of the higher-ranking document applies.

20. Notice (not part of the contract)

This contract does not create an automatic tax exemption. Tax exemption depends on the actual nature of the activity, the qualifications of the Caregiver, their organisation and the legal situation applicable at the time. The Caregiver bears tax responsibility for their turnover.

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