- § 1. General information and scope of application
These General Terms and Conditions of Business apply to all contracts between labigne dolmetscherdienste GmbH (hereinafter referred to as DolmetscherExperten.de
) and its clients, insofar as they are merchants or legal entities under public law.
- § 2. Services provided by DolmetscherExperten.de
- DolmetscherExperten.de provides the client with consultant interpreters or project managers. The consultant interpreter or project manager is a conference interpreter who advises the client before an event on the specialist requirements of an interpreting team, the type of interpreting and the interpreting equipment required.
- The consultant interpreter or project manager organises the required interpreting service and to this end coordinates with the team of interpreters and, if applicable, the chef d’équipe and suppliers of technical equipment.
- The preparatory documents provided by the client are forwarded to the interpreting team exclusively by the consultant interpreter or project manager.
- The chef d'équipe is a conference interpreter who acts as on-site team leader and is responsible for dealing with all matters concerning the interpreters and for communicating with the client or the organiser. If the consultant interpreter or project manager also works as a conference interpreter at the event in question, he/she will also act as chef d'équipe.
- Every interpreter assigned to an event organised by the client or the organiser is designated a "conference interpreter".
- § 3. Obligations to maintain confidentiality
- The consultant interpreter or project manager shall be obliged to treat all information that comes to his/her knowledge during the performance of this contract as strictly confidential and, in particular, not to derive any unlawful benefit from it.
- The obligation to maintain confidentiality does not extend to information and documents that are generally known and/or have been publicly disclosed by third parties.
- § 4. Remuneration and expenses
- The client shall pay DolmetscherExperten.de the remuneration for the services used as stated in the acceptance of the offer.
- Furthermore, the client shall reimburse DolmetscherExperten.de any expenses to be borne by him/her as listed in the invoice received.
- § 5. Duties of the client to cooperate
- The client shall be obliged to inform the consultant interpreter or project manager of specialist terminology in writing or in text form upon conclusion of the contract.
- The client is aware that the team interpreters must prepare for the event with the help of the relevant documents to be provided by the client (e.g. work programme, agenda, reports, speeches, proposal, etc.) in order to ensure a faultless performance. A minimum of 5 hours preparation time per interpreter shall be guaranteed. For conferences on technology and medicine, a minimum of 10 hours preparation time per interpreter shall be guaranteed.
The client shall therefore be obliged to provide the consultant interpreter or project manager with a complete set of all relevant documents in a standard file format as soon as possible, but no later than 5 working days before the start of the event.
- The consultant interpreter or project manager shall be given a copy of all documents and manuscripts to be read out during the event no later than 5 working days before the start of the event, and, unless expressly agreed otherwise, these may be retained or destroyed by him/her or the team interpreters after the end of the event.
- The consultant interpreter or project manager must also be given any film clips to be shown in a standard file format 5 working days before the start of the event. In addition, the consultant interpreter or project manager shall receive a copy of the spoken text.
- § 6. Interpreter's working conditions and right to refuse performance
- The client is aware that a faultless performance by the interpreting team can only be guaranteed subject to the availability of the following working conditions. If the client concludes a contract with the supplier of technical equipment without consulting the consultant interpreter or project manager, it must be noted that the following working conditions are imperative. The interpreters require an interpreting booth for simultaneous translation. Permanent simultaneous interpreting booths and equipment must meet the requirements of DIN EN ISO 2603 for permanent booths and DIN EN ISO 4043 for mobile booths. Furthermore, ISO 20108 (Simultaneous interpreting - Quality and transmission of sound and image input - Requirements) and ISO 20109 (Simultaneous interpreting - Equipment - Requirements) apply.
- The interpreter must have an unimpeded view from the booth of each speaker, the meeting room and any projection screens used. The use of television monitors is only possible as an emergency solution and the team must be informed of this in advance. The client/organiser must ensure that the interpreter can hear the texts to be interpreted as clearly as possible.
- Video conferences: The client is obliged to involve the consultant interpreter or project manager in the planning of a video conference from the outset and to clarify with him/her the conditions under which such a conference is feasible. The working conditions must comply with ISO standards 2603 and 4043 as well as CEI 914. The sound quality must be in the range of 125-150 Hertz. High-resolution monitors are essential.
- The client is aware that simultaneous interpreting assignments require at least 2 interpreters.
- Maximum working time per interpreter: Depending on the subject matter, up to 8 hours per day, unless otherwise agreed by the parties.
- Where interpreters work a full-day of up to 8 hours between the beginning and the end of the assignment, each interpreter in the team shall be allowed a 30-minute break in the morning, a minimum 60-minute lunch break and a further 30-minute break in the afternoon, depending on the subject matter, unless otherwise agreed by the parties.
- The client is aware that the team interpreters and consequently the consultant interpreter or project manager are entitled to refuse to perform the agreed service if the working conditions specified above are not provided and that the entitlement to remuneration is not affected by such refusal. This applies in particular if the chef d'équipe is of the opinion that a simultaneous interpreting system provided by the client or the operation of such is inadequate.
- § 7. Warranty and liability
- The consultant interpreter or project manager shall be obliged to provide the services to the best of his/her knowledge and belief.
- If the working conditions specified in Section 6 above are not available upon commencement of the services and, notwithstanding this, the consultant interpreter or project manager and/or the team of interpreters perform the service, the client cannot assert any rights arising from poor performance which is due to the inadequate working conditions. In particular, any reduction of the fee shall be excluded in this case.
- If the consultant interpreter or project manager provides the interpreting equipment, Section 7 (2) shall apply subject to the proviso that the interpreting equipment falls within the consultant interpreter's or project manager's area of responsibility. However, other working conditions (possible location of booths, visibility conditions, etc.) shall remain the responsibility of the client.
- DolmetscherExperten.de shall be liable for cases of wilful intent and gross negligence as well as for the violation of essential contractual obligations. In all other respects DolmetscherExperten.de shall not liable for negligence. However, claims for damages based on simple negligent breaches of essential contractual obligations shall be limited to the foreseeable damages typical for the contract, unless the claims ensue from injury to life, body or health.
- The provisions of the preceding paragraph shall extend to compensation in addition to performance, compensation in lieu of performance and the claim for reimbursement of futile expenses, irrespective of the legal grounds, including liability for defects, delay or impossibility of fulfilment.
- The provisions above do not entail any shift in the burden of proof to the detriment of the client.
- § 8. Changes in the execution of the order
Should the consultant interpreter or project manager selected to carry out the order be prevented from fulfilling the order for an important reason, DolmetscherExperten.de
shall make every reasonable effort to provide the client with another qualified specialist colleague in good time in order to ensure the performance of the order.
- § 9. Placing of order and deadline
- After the order is placed, the consultant interpreter or project manager will start organising the agreed event, putting together a team of interpreters and making further professional preparations.
- If the client withdraws from the contract before or during the event for reasons that do not fall within the scope of responsibility of DolmetscherExperten.de or if the client terminates the contract without good cause, the agreed cancellation fee of 80% or 100% of the coverage of the total costs shall apply.
- The interpreting services are provided by the consultant interpreter or project manager and the team of interpreters exclusively for immediate listening, unless otherwise expressly agreed in the contract.
- The interpreting services may only be recorded subject to prior written agreement. This agreement shall in particular also regulate which rights of use are transferred to the client for the use of the recording.
- Any further use (e.g. direct transmission; transmission via the Internet, web streaming etc.) requires a separate contractual agreement.
- DolmetscherExperten.de guarantees its clients smooth order processing. However, this also means that it is inevitable that some data provided by the client/organiser must be stored using technical media. When accepting an order, DolmetscherExperten.de collects some basic personal data which are required in order to be able to execute the order smoothly. Only data that is absolutely necessary for the fulfilment of the contract are stored. DolmetscherExperten.de collects and uses personal data of the client/organiser exclusively within the framework of the provisions of the applicable data protection laws of the Federal Republic of Germany. DolmetscherExperten.de collects, processes and uses the following information:
Salutation, first name, surname, a valid e-mail address, postal address, telephone number (landline and / or mobile), as well as other information required for the processing of any existing performance or warranty claims and the assertion of any claims against the client. The data are collected in order to be able to identify the client/organiser as a customer, to provide the ordered service properly and promptly, for invoicing purposes, and for processing and asserting mutual claims. The data processing is carried out at the request of the client and is necessary for the above-mentioned purposes within the meaning of Art. 6 (1) sentence 1 lit. b GDPR.
- The personal data collected for order processing will be stored until the expiry of the statutory retention period and then routinely deleted if they are no longer required for the fulfilment or initiation of a contract and/or if the company has no legitimate interest to justify the continued storage. If deletion is required on the basis of rights of intervention, the data concerned shall be deleted immediately.
- Where necessary for the processing of the order pursuant to Art. 6 (1) sentence 1 lit. b GDPR, personal data of the client/organiser will be passed on to third parties. In particular, this includes forwarding data to the DolmetscherExperten.de project manager. The data forwarded may be used by the third party exclusively for the purposes stated.
- The client/organiser shall have the right
pursuant to Art. 7 (3) GDPR, to withdraw his or her consent at any time vis-à-vis Dolmetscher-Experten.de.
This means that DolmetscherExperten.de
may, in the future, no longer continue to process the data based on this consent; pursuant to Art. 15 GDPR to obtain information about the personal data processed by DolmetscherExperten.de. In particular, the client/organiser may request information about the purposes of the processing, the categories of personal data being processed, the recipients or categories of recipient to whom the personal data have been or will be disclosed, where possible the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period, the existence of a right of rectification, erasure, restriction of processing or objection to such processing, the existence of a right to lodge a complaint with a supervisory authority, any available information as to the source of personal data if they were not collected from the consultant interpreter, and the existence of automated decision-making, including profiling and, if applicable, meaningful information about the logic involved; pursuant to Art. 16 GDPR to demand the immediate rectification of inaccurate or incomplete personal data stored by DolmetscherExperten.de
; pursuant to Art. 17 GDPR to demand the immediate erasure of personal data stored by DolmetscherExperten.de,
unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims; pursuant to Art. 18 GDPR to demand the restriction of the processing of personal data if the accuracy of the personal data is contested by the data subject, the processing is unlawful and the data subject opposes the erasure, DolmetscherExperten.de
no longer needs the data for the purposes of the processing, but they are required by the client for the establishment, exercise or defence of legal claims, or if the client has lodged an objection to the processing pursuant to Art. 21 GDPR; pursuant to Art. 20 GDPR to receive the personal data that he/she has provided to DolmetscherExperten.de in a structured, commonly used and machine-readable format or to demand that they be transmitted to another controller; pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority. As a rule, in this case the client/organiser may contact the supervisory authority in his/her habitual residence, the headquarters of his/her company or the headquarters of DolmetscherExperten.de
. If the client's/organiser's personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, the client shall have the right to object to the processing of his/her personal data pursuant to Art. 21 GDPR, on grounds relating to his or her particular situation.
- If the client/organiser wishes to exercise his/her right of objection, it suffices to send an e-mail to: email@example.com.
- DolmetscherExperten.de has implemented technical and organisational security measures to protect data, especially against loss, manipulation or unauthorised access. DolmetscherExperten.de regularly updates its security measures in line with the latest technical developments.
A booking platform initiated by labigne dolmetscherdienste GmbH
Alt-Tempelhof 9 12099 Berlin Germany
Contact Tel: 00 49 171 773 25 13 Email: admin@DolmetscherExperten.de