General Terms and Conditions

General Terms and Conditions (GTM)

Note: The English translation of the privacy policy is for information purposes only. In the event of any discrepancies, the original German version shall apply.

§1 General and scope of application

The following General Terms and Conditions apply to all contracts between Laura Bischoff (hereinafter referred to as the "Interpreter") and her clients, insofar as they are companies or legal entities under public law.
Deviating or supplementary general terms and conditions of the client shall only become part of the contract if the interpreter has recognised them in writing or by e-mail.
The contract language is German. German law shall apply exclusively.

§ 2 Interpreter's services and duty of confidentiality

The interpreter shall provide the services in accordance with the order/contract.
Services that are not expressly regulated in the order/contract must always be remunerated separately.
The interpreter is obliged to treat all information that comes to her knowledge during the execution of the order/contract as strictly confidential and, in particular, not to derive any unlawful benefit from it.
The duty of confidentiality does not extend to information and documents that are generally known and/or have been made public by third parties.

§ 3 Obligations of the client to co-operate

The client is aware that the interpreter must prepare for the event with the help of the relevant documents to be provided by the client (e.g. work programme, agenda, reports, presentations, proposals, etc.) in order to be able to guarantee an error-free service. The client is therefore obliged to provide the interpreter with a complete set of all relevant documents in a common file format in the languages into and from which the interpreter is to interpret in accordance with the order/contract as soon as possible, but no later than 8 working days before the start of the event.
The interpreter shall receive a copy of all documents and manuscripts read out during the event no later than 8 working days before the start of the event, which - unless expressly agreed otherwise - may remain with the interpreter or be destroyed after the end of the event.
The interpreter must also be provided with film recordings in a standard file format 8 working days before the start of the event.

§ 4 Working conditions and the interpreter's right to refuse services

§ 4a General regulations

The client is aware that a flawless performance by the interpreter can only be guaranteed within the framework of the following working conditions:

Unless the parties have expressly agreed otherwise, the interpreter requires an interpreting booth for simultaneous interpreting services. Fixed simultaneous interpreting booths and equipment must meet the requirements of DIN EN ISO 2603 for fixed booths and DIN EN ISO 4043 for mobile booths. ISO 20108 (Simultaneous interpreting - Quality and transmission of audio and video input - Requirements) and ISO 20109 (Simultaneous interpreting - Equipment - Requirements) also apply. The interpreter must have a direct view from the booth of the respective speaker, the meeting room and any projection screens that may be used. The client is also obliged to ensure that the interpreter can hear the texts to be interpreted with the best possible quality.
In the case of consecutive assignments and assignments with PFA (see § 4a, para. 7), the working conditions must be such that the interpreter can see and understand the speakers perfectly (e.g. no background noise from machines, echo, positioning too far away from the speaker, etc.).
At least 2 interpreters are required for simultaneous interpreting assignments.
Maximum working time per interpreter: 5-7 hours per day, depending on the subject area, unless the parties have agreed otherwise.
In the case of a daily assignment lasting 5 to 7 hours, the interpreter shall be granted a break of 30 minutes in the morning, at least 60 minutes at lunchtime and a further 30 minutes in the afternoon, depending on the subject area, unless the parties have agreed otherwise.
The interpreter is entitled to refuse the agreed service if she does not fulfil the abovementioned working conditions. Her entitlement to a fee remains unaffected by this.
Further conditions for working with a personal guide system (PFA) are negotiated separately. This technology is only used if the requirements of the assignment make traditional simultaneous interpreting in a booth impossible and only for an appropriately limited number of participants.

§ 4b Remote interpreting

The term remote interpreting refers to all types of interpreting in which one or more participants or the interpreter are not in the same location as the other participants. It is of secondary importance whether the remote interpreter is in a different room, in a different city or on a different continent. To ensure smooth interpreting, appropriate information and communication technology solutions must be used so that, on the one hand, the interpreters can work flawlessly and, on the other hand, the participants can speak to each other without disruption, confidentially and without technical hurdles. If remote interpreting takes place simultaneously, this is referred to as remote simultaneous interpreting (RSI).
When placing the order, the parties shall agree on the technical version of the remote interpreting and whether simultaneous or consecutive interpreting is to be provided.
Before concluding the contract, both parties must expressly agree on the languages in and from which the interpreter is to work during the assignment. Appropriate technical arrangements must be made. If the interpreting is provided via a platform solution, the client shall inform the interpreter of the platform to 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 access time to the platform used before the start of the event/order so that it can be tested by the interpreter. It is strongly recommended that the platform be tested together with all participants no later than the day before the event.
The client shall provide professional technical support throughout the event to ensure that the interpreting runs smoothly.
Real-time communication must be guaranteed within the interpreting team. This must only be 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 any disruption or failure of the technology used, unless the disruption is exclusively and demonstrably due to a malfunction of the interpreter's own computer.
Insofar as 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 area, a maximum of 5 hours per day, unless the parties have agreed otherwise.
The interpreter is authorised to refuse the agreed service if she does not find the working conditions specified above. § Section 4a (6) applies accordingly

With regard to copyrights and rights of use, § 7 of these GTC shall also apply accordingly to remote interpreting.

§ 5 Warranty and liability

The interpreter is obliged to work to the best of her knowledge and belief.
If the interpreter provides her services even though she does not fulfil the working conditions stipulated in § 4 at the start of the service, the client cannot assert any rights arising from poor performance due to inadequate working conditions. In particular, a reduction of the fee is excluded in this case.
The interpreter's liability in cases of wilful intent or gross negligence shall be governed by the statutory provisions. Liability for guarantees is independent of fault.
The interpreter shall only be liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. An essential contractual obligation is an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. However, claims for damages for the slightly negligent breach of material contractual obligations shall be limited to foreseeable damage typical for the contract, unless liability is based on injury to life, limb or health. Typical contractual, foreseeable damages are those that fall under the protective purpose of the respective breached contractual or legal standard. The interpreter shall be liable to the same extent for the fault of vicarious agents and representatives.
The provisions of the preceding paragraph extend to compensation for damages in addition to performance, compensation for damages instead of performance and the claim for reimbursement due to futile expenses, regardless of the legal grounds, including liability due to defects, delay or impossibility.
A change in the burden of proof to the detriment of the client is not associated with the above provisions.

§ 6 Contract amendments

Should the interpreter be prevented from fulfilling the contract for good cause, the interpreter shall be prepared to ensure, to the best of his/her ability and insofar as this can reasonably be expected of him/her, that a specialist colleague takes over the duties arising from this contract in his/her place. This must be agreed with the Client.

§ 7 Rights of use and copyrights

Unless expressly agreed otherwise in the contract, the product of the interpreting service is intended exclusively for immediate consultation.
A recording of the interpreting service is only permitted after prior written agreement. In particular, this agreement shall also regulate which rights of use are transferred to the client for the utilisation of the recording. If the parties fail to make a sufficiently clear provision regarding the rights of use and copyrights to the recording, the recording may only be utilised for any purpose whatsoever with the written consent of the interpreter.
Any other use (e.g. direct transmission; transmission via the Internet, web streaming, etc.) requires a separate contractual agreement. Section 7 (2) of these terms and conditions also applies in this respect.

§ 8 Remuneration and terms of payment

Unless the parties have expressly agreed otherwise, the interpreter shall invoice the client for the agreed service immediately after the event. The invoice shall be due for payment without deduction within 14 days of receipt of the invoice.
If the order volume exceeds € 6,000.00, 30 % of the agreed fee shall be due when the order is placed. Section 8 (1) of these GTC shall apply with regard to the remaining amount.

§ 9 Data protection provisions

This data protection information applies to data processing by the interpreter. Responsible person: Laura Bischoff, Reimser Str. 45, D-52074 Aachen, e-mail: kontakt(at)bischoff-languages.de
The interpreter's client can expect the order to be processed smoothly. It is unavoidable that certain data of the client will be stored using technical aids. When an order is accepted, the interpreter collects a range of personal data as so-called basic data, which is required in order to be able to fulfil the order smoothly. Only data that is absolutely necessary for the fulfilment of the contract is stored. The interpreter collects and uses the client's personal data exclusively in accordance with the provisions of the applicable data protection laws of the Federal Republic of Germany. The interpreter collects, processes and uses the following information: Title, first name, surname, a valid email address, address, telephone number (landline and/or mobile), as well as other information required for the processing of any existing fulfilment or warranty claims and the assertion of any claims against the client. The data is collected in order to be able to identify the client as a customer, to be able to provide the commissioned service properly and promptly, to issue invoices and to process and assert reciprocal claims. The data processing is carried out at the request of the client and is necessary for the purposes mentioned within the meaning of Art. 6 para. 1 sentence 1 lit. b GDPR.
The personal data collected by the interpreter for order processing will be stored until the expiry of the statutory retention period and then routinely deleted, provided they are no longer required for contract fulfilment or contract initiation and/or the interpreter continues to have a legitimate interest in further storage. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately.
Insofar as this is necessary for the processing of the order in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, personal data of the client will be passed on to third parties. This includes, in particular, the disclosure to a subcontractor of the interpreter. The data passed on may only be used by the third party for the stated purposes. Otherwise, data shall only be passed on to third parties with the consent of the client.
The client has the right,
in accordance with Art. 7 para. 3 GDPR, to revoke the consent once given to the interpreter at any time. As a result, the interpreter may no longer continue the data processing that was based on this consent in the future;
to request information about the personal data processed by the interpreter in accordance with Art. 15 GDPR. In particular, the client may request information about the purposes of the processing, the category of personal data being processed, the recipients or categories of recipients to whom your data has been or will be disclosed, if possible the planned storage period or, if this is not possible, the criteria for the storage period: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 the right to request rectification, erasure, restriction of processing or objection, the existence of the right to lodge a complaint with a supervisory authority, where the personal data are not collected by the interpreter, available information as to their source and the existence of automated decision-making, including profiling and, where applicable, meaningful information about the logic involved. request meaningful information about its details;
in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by the interpreter;
in accordance with Art. 17 GDPR, to demand the immediate erasure of personal data stored by the interpreter, 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;
in accordance with Art. 18 GDPR, to demand the restriction of the processing of personal data if the accuracy of the data is disputed by him/her, if the processing is unlawful but he/she refuses to delete it, if the interpreter no longer needs the data but the client needs it for the assertion, exercise or defence of legal claims or if he/she has lodged an objection to the processing in accordance with Art. 21 GDPR;
in accordance with Art. 20 GDPR, to receive the personal data provided to the interpreter in a structured, commonly used and machine-readable format or to request transmission to another controller;
to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, the client can contact the supervisory authority of his/her usual place of residence, workplace or the interpreter's registered office.
If the personal data of the client is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, he/she has the right to object to the processing of his/her personal data pursuant to Art. 21 GDPR, provided that there are reasons for this arising from his/her particular situation.
If the client wishes to exercise the right to object, simply send an e-mail to: kontakt(at)bischoff-languages.de
The interpreter has implemented technical and organisational security measures to protect data, in particular against loss, manipulation or unauthorised access. The interpreter regularly adapts the security precautions to ongoing technical developments.