General Terms and conditions of Contract

1. Scope of application

These terms and conditions shall apply to contracts between interpreters and their clients, unless otherwise expressly agreed or required by law.  The client’s general terms and conditions shall only be binding on the interpreter if the interpreter has expressly recognised them.

2. Scope of the interpreting assignment

The interpreting assignment shall be carried out carefully in accordance with the principles of good professional practice.  The interpreter shall be obliged to work to the best of his/her knowledge and belief.  The interpreter shall not have any further obligation.

The product of the interpreting service is solely for on-the-spot listening.  It may only be recorded with the prior consent of the interpreter.  Any further use (e.g. direct transmission) shall require a separate contractual agreement.  The relevant payment for such use shall be half the agreed interpreting fee (plus VAT). 

The interpreter’s copyrights shall be reserved. The client shall also be liable for unauthorized recordings by third parties.

3. Replacement

Should the interpreter be prevented from fulfilling the contract for good cause, he/she shall ensure to the best of his/her ability and insofar as this can be reasonably expected of him/her that a colleague takes over the duties arising from this contract in his/her place. This obligation shall require the consent of the client.

4. Client’s obligation to co-operate and provide relevant information

The client shall inform the interpreter in good time of the particular circumstances in which the interpreting assignment is to be carried out, whereby more difficult conditions or specific services – by agreement – may be invoiced separately (audio recordings, film screenings, etc.).

The client shall provide information and documents necessary for the interpreting service (glossaries, illustrations, drawings, tables, abbreviations, etc.) in good time and unrequested. The interpreter shall not be responsible for errors resulting from non-compliance with these obligations.

5. Simultaneous interpreting equipment

The client shall provide the necessary simultaneous interpreting equipment and standard interpreting booths.  The booths must allow a direct view of the speaker(s), meeting room and projection screens.

6. Liability

The interpreter shall only be liable in cases of gross negligence and wilful intent.  Liability shall be limited to the amount of the agreed fee.  Liability for consequential damages shall be excluded.

7. Professional Secrecy

The interpreter shall treat all information that becomes known to him/her during the execution of this contract as strictly confidential and not derive any benefit from it.

8. Remuneration

The remuneration shall be payable without deduction and subject to statutory VAT.  It shall become due upon fulfilment of the order.

In addition to the agreed fee, the interpreter shall be entitled to reimbursement of the expenses actually incurred and agreed with the client.  

In the case of contracts with private clients, VAT shall be included in the final price, listed separately.  In all other cases, it shall be charged additionally where required by law.  

In the case of extensive assignments, the interpreter may request an advance payment that is objectively necessary for the fulfilment of the assignment.

9. 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 shall not apply to payment obligations that have already arisen.  The client shall otherwise be obliged to reimburse the interpreter for costs already incurred and to pay for services already rendered.

10. Cancellation

If the contract is cancelled by the client or if the client waives the interpreter’s services for the date agreed in the order or under the conditions stipulated therein, the interpreter shall be entitled to the agreed fee and reimbursement of the costs demonstrably incurred by the interpreter.  If the interpreter receives another assignment for the date of the cancelled contract, he/she may deduct the remuneration paid for this from the fee for the cancelled assignment.

11. Applicable law

The contract and all claims arising from it shall be governed by German law.

Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions.  The place of jurisdiction shall be Berlin.