General Terms
GENERAL TERMS AND CONDITIONS FOR CONFERENCE INTERPRETERS
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1. SCOPE
These terms and conditions apply to contracts between interpreters and their clients, unless otherwise stated or required by law. The client's general terms and conditions are only binding for the interpreter if he has expressly acknowledged them. The following services are - as long as not explicitly stated - not part of a contract and may be invoiced separately: Additional expenses beyond normal working hours (see 2.), consecutive or accompanying interpreting for events outside the actual conference programme (e.g. visits, dinner), services under difficult conditions (e.g. no view of the speaker), translation services on the fringes of the conference, interpreting the spoken text of films.
2. THE INTERPRETING ASSIGNMENT
The interpreting assignment shall be carefully carried out in accordance with the principles of proper professional practice. The interpreter is obliged to work to the best of his knowledge and belief. The interpreter shall not assume any further obligation. The product of the interpreting service is intended exclusively for immediate hearing. Its recording is only permitted with the prior consent of the interpreter. Any further use (e.g. live transmission) requires a separate contractual agreement. As a rule, the interpreter's daily working hours are 6 hours per day with a 1.5 hour break. If this working time is likely to be exceeded, the client authorises an increase of the team of interpreters before the start of the conference in order to ensure a consistently high quality of the interpreting service.
3. REMUNERATION
Fees as well as daily and overnight allowances shall be fixed by mutual agreement. The remuneration is payable without deduction and is subject to the statutory value-added tax. It becomes due with the execution of the order. In addition to the agreed fee, the interpreter is entitled to reimbursement of the expenses actually incurred and agreed with the client. In all cases, value-added tax will be charged where required by law. The interpreter can demand an advance payment for extensive interpreting assignments, which is objectively necessary for the execution of the assignment. Extra hours will be remunerated at the agreed rate.
4. OBLIGATION OF THE CLIENT TO COOPERATE AND PROVIDE INFORMATION
The client must inform the interpreter in good time of the scope of the interpreting assignment, whereby difficult conditions or certain services may be invoiced separately (recording on sound carrier, film screenings, etc.). The client must provide the interpreter with all information and documents required for the interpreting service in all working languages of the conference (terminology, internal terms, illustrations, drawings, tables, abbreviations, etc.) as early as possible and no later than 14 days before the start of the conference. Errors resulting from non-compliance with these obligations shall not be borne by the interpreter. The interpreter shall receive a copy of all documents and manuscripts read out during the conference no later than the day before they are used, which shall remain with the interpreter until the document or manuscript has been read out and handled. If this deadline is not met, the interpreter shall be released from his obligation to perform. The client shall point out to the speaker that the reading speed for a text to be interpreted should not exceed 100 words per minute (i.e. 3 minutes for 1 page DIN A 4 with approx. 1600 characters).
5. WORKING CONDITIONS
From the booth, the interpreter must have a direct view of the speaker, the meeting room and any projection screens used. The use of television monitors does not replace a direct view. The client is obliged to ensure that the interpreter can hear the texts to be interpreted with the best possible quality. If necessary, suitable microphone systems must be used. It must be ensured that each speaker uses the available microphones. It must also be ensured that the interpreted text reaches the listeners without disturbing the participants who hear the original. The interpreter is released from his obligation to perform if the simultaneous interpreting equipment or its operation is found to be inadequate by the consultant interpreter. The client's obligations shall remain unaffected. Guidance systems (so-called whispering systems) are not a suitable replacement for simultaneous interpreting systems. If films are shown during the session, the sound of the film will only be interpreted if the script has been handed over to the interpreters in advance, the commentary is spoken at normal speed and the sound of the film is directly transmitted to the interpreters' headphones. The travel conditions shall be determined in such a way that they do not affect the interpreter's health or the quality of the service to be provided following the journey.
6. REMOTE INTERPRETING (RSI / RCI)
The term remote interpreting refers to all types of interpreting where one or more participants or interpreters are not in the same place as the other participants. The remotely connected interpreter can be in another room, city or on another continent. To ensure smooth interpretation, appropriate information and communication technology solutions must be used so that the interpreters can work flawlessly on the one hand and the participants can talk to each other confidentially without interference or technical obstacles on the other. If the remote interpreting mode is simultaneous, this is called Remote Simultaneous Interpreting (RSI).
When placing the order, the parties agree on the technical design of the remote interpreting assignment and whether simultaneous or consecutive interpreting is required.
Prior to the conclusion of the contract, both parties shall expressly agree on the languages into and from which the interpreter shall work during the assignment. Appropriate technical arrangements shall be made. If the interpreting takes place via a platform solution, the client shall indicate which platform will be used before placing the order. The platform must meet the requirements of ISO/PAS 24019:2020 Simultaneous interpreting delivery platforms - Requirements and recommendations.
The client shall grant the interpreter sufficient time to access the platform before the start of the event/assignment so that the interpreter can test it. It is strongly recommended to test the platform together with all participants at the latest the day before the event.
The client shall provide professional technical support during the entire event to ensure that the interpreting runs smoothly.
Real-time communication must be guaranteed within the interpreting team, which is only visible to the respective interpreters.
The client is aware that the interpreter has no influence on the Internet speed, the availability of the necessary lines or the operation of the platform used. The interpreter is therefore not liable for a malfunction or failure of the technology used, unless the malfunction is exclusively and demonstrably due to a malfunction of the interpreter's own computer.
If the malfunction is not demonstrably attributable to the interpreter's computer, the interpreter's fee claim shall remain unaffected in the event of a malfunction or failure of the system/technology.
Maximum working time per interpreter: Depending on the subject matter, a maximum of 5 hours per day, unless the parties have agreed otherwise.
The interpreter has the right to refuse the agreed service if he/she does not find the working conditions specified above.
With regard to copyrights and rights of use, Point 12 of these General Terms shall apply accordingly to remote interpreting.
7. CONFIDANTIALITY
The interpreter is obliged to treat any information he becomes aware of during the execution of this contract as strictly confidential and not to derive any benefit from.
8. SUBSTITUTION
If the interpreter is prevented from fulfilling the contract for good cause, he shall do his utmost to ensure that a colleague of his profession assumes the duties arising from the contract in his place, insofar as this can reasonably be expected of him. The latter's obligation requires the client's consent.
9. LIABILITY
The interpreter is obliged to work to the best of his knowledge and belief. The interpreter does not assume any further obligation. The interpreter shall only be liable for gross negligence and intent. Any further liability for slight negligence is expressly excluded. The claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage typical for the contract. Liability for consequential damages is excluded.
10. FORCE MAJEURE
In the event of force majeure, the parties shall be released from their obligations insofar as these obligations are affected by the force majeure. This does not apply to payment obligations that have already arisen. The client is also obliged to reimburse costs already incurred by the interpreter and to pay for services already rendered.
11. CANCELLATION POLICY
In the event of termination of the contract by the Client or if the Client renounces the services of the interpreter for the date agreed upon in the contract or under the conditions stipulated herein, the interpreter shall be entitled to the agreed fee as well as reimbursement of the costs demonstrably incurred by him. If the interpreter receives another assignment for the date of the cancelled contract, he may deduct the remuneration paid for this from the fee for the cancelled assignment.
12. COPYRIGHT
The copyright of the interpreter remains reserved. The interpreter's product is intended exclusively for immediate hearing. It may only be recorded with the prior consent of the interpreter. Any further use (e.g. direct transmission) requires a separate contractual agreement. The client is liable for unauthorised recordings by third parties. Recording and/or direct transmission of the interpreting service shall be invoiced separately.
13. APPLICABLE LAW
German law shall apply to the assignment and all resulting claims. The place of jurisdiction is the interpreter's place of residence or the registered office of his professional branch.
14. SEVERABILITY CLAUSE
If one of the above provisions should be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic result or the intended purpose. Amendments and supplements to these GTC are only valid if they have been agreed upon in writing. This also applies to changes to the written form requirement itself.
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