Terms and Conditions
These General Terms and Conditions (“GTC”) shall apply to contracts between Nadja Schmidt (hereinafter referred to as “Contractor”) and her clients, unless the Contractor and the Client have expressly agreed otherwise in writing or the law requires otherise. Any general terms and conditions of the Client are only binding for the Contractor if they have been expressly accepted by the Contractor in writing. Amendments and supplements to these GTC must be made in writing. This shall also apply to the amendment of the written form requirement itself. The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Hanau. These GTC have been drawn up in German. Any translations are for information purposes only. In case of deviations from the German original, the German version shall prevail. The following services are – as long as not explicitly mentioned – not part of a contract and will be charged separately if necessary: Additional work beyond normal working hours (see item 4), consecutive or accompanying interpreting at events outside the actual conference program (e.g. tours, dinners), services under difficult conditions (e.g. lack of view of the speaker; see item 10c), translation services on the sidelines of the conference (see item 10m), interpreting of recorded films or sound recordinds (see item 10k).
The Contractor shall prepare a written offer for the Client based on the information provided by the Client. The conditions of the offer expire upon the expiry of the validity date of the offer.
Upon acceptance of the offer in text form (email), a contract shall be concluded between the Contractor and the Client under the terms and conditions stated in the offer.
4. Scope of the interpreting assignment
The interpreting assignment shall be carried out carefully in accordance with the principles of proper professional practice. The Contractor is obliged to work to the best of her knowledge and belief. She does not assume any obligation beyond this. The daily working time of the interpreter is a maximum of 3 hours in the morning and 3 hours in the afternoon with a break of at least 1.5 hours. If this working time is expected to be exceeded, the Client shall approve an increase in the interpreter team prior to the start of the conference in order to ensure a consistenly high quality of the interpreting service.
5. Client’s duty to cooperate and provide information
The Client shall inform the Contractor in due time about the special scope of the interpreting assignment, whereby more difficult conditions or certain services – after consultation – may be invoiced separately (recording, film screenings, etc.). Information and documents necessary for the performance of the interpreting service shall be made available to the Contractor by the Client without being requested and in due time (as a rule 14 days prior to the beginning of the event). This includes organizational information on the event (e.g. program, agenda, information on speakers, lists of participants, etc.) as well as content-related information (minutes of past meetings, speech manuscripts, presentations, conference folder, terminology and glossaries, internal terms, brochures, illustrations, drawings, tables, abbreviations, etc.). Errors resulting from non-compliance with these obligations shall not be borne by the Contractor. The Contractor shall a receive a copy of all documents and manuscripts read out during the conference no later than the day before the reading out, which shall remain with the Contractor up to and including the reading out and handling of the document or manuscript. If this deadline is not met, the Contractor shall be released from her obligation to perform. All preparation materials shall be treated as absolutely confidentidal by the Contractor and shall not be used for any purpose other than the preparation for the assignment, nor shall they be passed on to third parties. After the end of the interpreting assignment, these can be destroyed at the request of the Client.
6. Working conditions
The following working conditions are to be considered and guaranteed by the Client:
a) Team size:
In simultaneous interpretation, an interpreter never works for more than 20 to 30 minutes at a time. This is followed by a 20 to 30 minute break. A longer break is required at least every three hours. Simultaneous interpreting with a net interpreting time of more than one hour is always carried out by at least a team of two interpreters per language pair. If it can be foreseen or assumed before the event that the net interpreting time will exceed six hours per day, the Client shall approve an increase in the interpreting team before the start of the conference in order to ensure a consistently high quality of the interpreting service. In the case of consecutive interpreting, a single interpreter may occassionally be used, depending on the nature of the assignment.
b) Sound quality:
The Client is obliged to ensure that the Contractor can hear the texts to be interpreted with the best possible quality. This applies both to simultaneous interpreting without technical aids for a maximum of two recipients of the interpreting service (“chuchotage”) and to simultaneous interpreting with the aid of interpreting technology (mobile guide system or booth). The requirements for fixed and mobile booths and simultaneous interpreting equipment are specified in DIN 56 924 Parts 1 and 2 (or ISO Standards 2603 and 4043) and in IEC 914. If the interpreter is of the opinion that the quality of the sound, booths and technical equipment does not allow for a satisfactory performance or endangers the health of the interpreter, they are released from their obligation to perform until the deficiencies are remedied.
c) Visual contact:
The interpreter must have a direct view of the speaker being interpreted, of the meeting room and of any projection screens. The use of television monitors does not replace the direct view. If interpreting equipment is used, the interpreter can only interpret speakers who use a microphone whose sound is transmitted to the interpreter’s headphones.
The interpreting fee applies only to the interpreting time specified in writing in the offer. Any additional interpreting or attendance time requested by the Client will be charged as overtime.
e) Arrival the day before:
If the times of an event mean that the interpreter would have to leave their professional domicile before 06:30 a.m. in order to arrive at the event location at least half an hour before the start of the event, the interpreter has the right to an overnight hotel stay for the night before the start of the event at the event location at the expense of the Client. A travel fee may be charged for this (see item 10g).
f) Departure the following day:
If the times of an event require that the interpreter does not arrive back at their professional domicile until after 10:00 p.m., the interpreter has the right to an overnight hotel stay for the night after the end of the event at the event location at the expense of the Client. A travel fee may be charged for this (see item 10h).
In case of a travel time of more than three hours to the event location (door to door) or in case of a necessary overnight stay before arrival, the interpreter is entitled to a compensation (“approche”). The amount of the approche depends on the travel time. For a travel time of three to five hours, it is usually half a day’s fee per interpreter; for a travel time of more than five hours, it is a full day’s fee per interpreter.
In case of a travel time of more than three hours to their professional domicile (door to door) or in case of a necessary overnight stay before departure, the interpreter is entitled to a compensation (“déproche”). The amount of the déproche depends on the travel time. For a travel time of three to five hours, it is usually half a day’s fee per interpreter; for a travel time of more than five hours, it is a full day’s fee per interpreter.
i) Travel expenses:
The interpreter will be compensated for the travel expenses incurred. Travel will be by cab, train (1st class), plane, own car or rented car, depending on the agreement and accessibility of the venue.
j) Read-out texts:
If texts are read out, they must be available to the interpreter in due time before the event. The reading speed for a text to be interpreted should be a maximum of 100 words per minute (i.e. at least three minutes for one page DIN A4 with about 1,600 characters), otherwise an interpretation is not possible. The interpretation of read-out texts that have not been provided to the interpreter or have been provided at too short a notice cannot be guaranteed.
k) Recorded videos/sound recordings
Videos or sound recordings can only be interpreted if the videos have been made available to the interpreter in one of their working languages in due time before the event and the interpreter has confirmed after viewing that an interpretation is possible and in what form. An interpretation can only take place if commentary is spoken at normal speed, the sound is transmitted directly into the interpreter’s headphones and the interpreter can see the video.
l) Poetry or musical performances:
Poems or musical performances will not be interpreted. Under certain circumstances, an oral summary is possible if this has been discussed with and confirmed by the interpreter in advance.
m) Written translation services:
Written translation services are not included in the scope of the interpretation. If a written translation is required, a separate order must be placed for it. Any translations made by the interpreter for the purpose of preparation are the intellectual property of the interpreter and do not have to be handed over to the Client. If the documents are confidential documents of the Client, the Client may request that they be destroyed.
7. Video conferences
The Client is obliged to involve the Contractor in the planning of a video conference from the very beginning and to clarify with the Contractor the conditions for feasibility of such a conference. The sound quality must be in the 125-150 hertz range. High-resolution monitors are essential. So-called teleinterpreting (interpreting booths in the next room) is not permitted.
Fees as well as per per diem and accomodation allowances shall be determined by mutual agreement. The remuneration shall be payable without deduction and shall be subject to statutory value added tax. Unless otherwise expressly stated, it shall be due 14 days after the invoice date without deductions. Unless otherwise expressly agreed, all prices are in euro. Exchange rate risks shall be borne by the Client. Payments shall be made to the account specified in the invoice. Any bank or other transaction fees shall be borne by the Client. In addition to the agreed fee, the Contractor shall be entitled to reimbursement of expenses actually incurred and agreed with the Client. In the case of extensive interpreting assignments, the Contractor may demand an advance payment which is objectively necessary for the execution of the assignment. Overtime shall be remunerated in accordance with the agreed rate.
In the event of termination of the contract by the Client, in the event of a significant change to the contract by the Client (e.g. rescheduling of the date or relocation of the venue to a location more than one hour additional travel time away from the original venue), or in the event of a complete or partial waiver by the Client of the services of the Contractor for the date agreed in the offer or below the conditions set forth herein, the Contractor shall be entitled to the full agreed fee as well as reimbursement of the costs demonstrably incurred by it.
If the Contrcctor is prevented from fulfilling the contract for good cause, they shall ensure to the best of their ability and insofar as it can reasonably expected to do so, that a colleague assumes the obligations under this contract in their place. The contracting of the latter shall require the consent of the Client.
11. 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 already incurred. The Client is otherwise obliged to reimburse costs already incurred by the Contractor and to pay for services already rendered.
The product of the interpreting service is intended exclusively for immediate hearing by the recipient(s) of the interpreting service on site. Its recording is only permitted with the prior consent of the Contractor. Any further use (e.g. direct transmission) requires a separate contractual agreement. For recording or transmission of an interpreting service, half of a daily fee per interpreter is charged. In the event that a recording or transmission has taken place at the event without prior contractual agreement, the Contractor shall be entitled to charge the aforementioned fee. The Client is also liable for unauthorized recordings by third parties. Recording and/or direct transmission of the interpreting service will be charged separately. The copyright for interpreting services remains with the Contractor even after payment of the invoice.
The Contractor shall be obliged to treat all information and materials handed over to them in the course of the execution of this contract as strictly confidential, not to derive any benefit from them and not to use them for purposes other than the preparation and execution of the order or to pass them on to third parties without the written consent of the Client. Excluded from this is information that is public knowledge.
The Contractor is obliged to work to the best of their knowledge and belief. They do not assume any obligation beyond this. The Contractor shall only be liable for gross negligence and intent. Any further liability for slight negligence is expressly excluded. Liability is limited to the amount of the agreed fee. Liability for consequential damages is excluded.
15. Applicable law
German law shall apply to the order and all claims arising therefrom. The place of jurisdiction shall be the Contractor’s place of residence or the location of their professional domicile.
16. Severability clause
Should any of the above provisions 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 econimic result or the intended purpose.