General Terms and Conditions

A. Interpreting

Area of application, provider

These General Terms and Conditions (hereinafter referred to as "GTC") apply to the legal relationship between Guido Winter, Poststraße 14, 83435 Bad Reichenhall (hereinafter referred to as "we" or "us") and the customer (hereinafter referred to as "customer" or "you" or "you") in connection with our following services:

Attending appointments as an interpreter (hereinafter referred to as "event(s)"), online and/or in personAny terms and conditions of the customer that deviate from and/or go beyond these terms and conditions shall not become part of the contract.

Distinction between entrepreneurs and consumers

Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically indicated at the relevant point in these GTC.

"Consumer" within the meaning of these GTC is, in accordance with the legal definition in Section 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

In accordance with the legal definition in Section 14 of the German Civil Code, "entrepreneurs" within the meaning of these GTC are natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.

Cancellation of orders by the customer and non-arrival

You may cancel your booking for the event up to the end of the event if there is an important reason for doing so.

In the event of cancellation, we are entitled to charge you the difference between the agreed remuneration and that which we have saved in expenses as a result of the cancellation of the contract or have acquired through other use of our labor or have maliciously failed to acquire.

Instead of a specific calculation of the difference in the sense of the above paragraph, we can charge a flat-rate cancellation fee in the following amount:

Cancellation up to 7 days before the event: 0 % of the fee

Cancellation up to 3 days before the event: 20 % of the fee

Cancellation at a later date and no-show: 100 % of the fee

If you can prove that the difference within the meaning of the previous paragraph is lower, this lower amount shall apply.

Limitation of liability

The following applies to our liability for damages:

In the event of intent and gross negligence, including on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.

In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical for the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

Any further liability on our part is excluded, regardless of its legal basis.

The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favor of our vicarious agents.

Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4)

Choice of law, place of jurisdiction

German law shall apply exclusively. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.

The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we are entitled, at our discretion, to sue at the customer's registered office.

B. Translations

Subject matter, scope of application

The subject of these General Terms and Conditions is the creation of translation(s) for the client.

The provider is Guido Winter, Laufenerstraße 40, 83395 Freilassing (hereinafter referred to as "we" or "us")

The following applies to entrepreneurs: Our offers and services are subject exclusively to these General Terms and Conditions. Any terms and conditions of the user that deviate from and/or go beyond these terms and conditions shall not become part of the contract.

Services

Unless otherwise agreed, our service comprises exclusively the translation of the text provided by you into the target language. Proofreading, subsequent text design or formatting, creation and/or provision of data sets of translated texts for further use in translation programs or similar shall be charged on a time basis, unless otherwise agreed.

When preparing the translation, we are free to use translation software of any kind, including generally accessible online translation services. Our approach may be, for example, that we have a text translated completely automatically in order to then check and, if necessary, adapt the translation produced in this way, or that we supplement texts translated by us in places with automated translations that we then check and, if necessary, adapt.

Distinction between entrepreneurs and consumers

Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically indicated at the relevant point in these GTC.

Obligation to cooperate, indemnification obligation of the customer

The client is obliged to provide all necessary cooperation, in particular to deliver the text to be translated in a form or quality suitable for the translation without delay and to provide all other information, documents and data required for the service without delay on request.

In particular, the customer undertakes to provide the text to be translated in a format that can be processed with a standard word processing program (Microsoft Word) so that the text can be read into any translation program used by us.

The customer is solely responsible for materials and content provided by the customer. We do not assume any obligation to check the content; in particular, we are not obliged to check the content for possible infringements of third-party rights. The customer is solely responsible for ensuring that the content provided by him does not violate any laws or third-party rights.

Should third parties assert claims against us due to possible legal violations, the customer undertakes to indemnify us against any liability and to reimburse us for any expenses and damages incurred by us as a result, including reasonable costs of legal defense.

The customer shall ensure that personnel authorized to make decisions are named to us for necessary coordination meetings and shall guarantee their availability.

5. copyright

Unless otherwise agreed, the customer shall be granted the right, unlimited in time and space, to reproduce, edit or otherwise modify the translation for the purposes of the contractually intended use, or to use it in any other way within this framework. We shall grant the customer all other possible performance and property rights required for this use.

The above claims (or possible claims) shall only arise upon fulfillment of all payment obligations of the customer.

6 Defect rights, obligation to inspect and give notice of defects

The statutory warranty provisions apply to consumers.

This applies to entrepreneurs:

We undertake to provide the translation free of material defects and defects of title in accordance with the statutory provisions and the following provisions. Defect rights are excluded insofar as they are based on materials provided by the customer or other specifications of the customer.

If the translation is defective, the customer may demand subsequent performance. The customer shall only be entitled to reduce the remuneration or withdraw from the contract if the subsequent performance has failed. Claims for damages shall only exist under the additional conditions of clause 7.

The customer must inspect the translation immediately after delivery by us, insofar as this is feasible in the ordinary course of business. Defects recognizable during the inspection must be reported immediately. Defects not recognizable during the inspection must be reported immediately after discovery of the defect. The complaint is deemed to be immediate if it is made within 14 days. The timely dispatch of the notification shall be sufficient for timeliness. If the customer fails to give notice, claims for defects shall be excluded.

Warranty claims and rights expire one year after delivery. By way of derogation, the statutory limitation periods shall apply to claims for damages due to injury to life, limb or health. The statutory limitation periods shall also apply to claims for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents.

7. exclusions and limitations of liability

The following applies to our liability for damages:

Any further liability on our part is excluded, regardless of its legal basis.

The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favor of our vicarious agents.

Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).

8 Applicable law, place of jurisdiction

As at 18.12.2024