General Terms

General Terms and Conditions

The services provided by Connect-Sprachenservice GmbH are subject to the following General Terms and Conditions. The German version, which you can download here, applies exclusively in case of doubt.

Section I – Translations

1. Scope of the service

1.1 Unless otherwise agreed in writing, the following conditions apply for the scope of the service.

1.2 The Client undertakes to inform us as to how he/she intends to use the translation, e.g. whether

1.2.1 only for information purposes,
1.2.2 for publication and advertising purposes,
1.2.3 for legal or patent procedure purposes,
1.2.4 or for any other purposes, for which a special translation of the texts by the translator commissioned with the work is of importance.

1.3 The Client may only use the translation for the purpose indicated. In the event the Client uses the translation for a purpose other than that for which the order was placed and delivered, the Client has no right whatsoever to claim compensation from Connect-Sprachenservice GmbH, hereinafter referred to as the Contractor.

1.4 If the Contractor is not notified of the purpose of the translation, the Contractor shall execute the translation to the best of his/her knowledge for the purpose of information (see Point 1.2.1.).

1.5 Unless otherwise agreed, translations shall be transmitted by the Contractor in electronic form.

1.6 Unless otherwise agreed, the provisions of the ISO 17100 shall apply for the formal layout.

1.7 Should the Client require the use of a specific terminology, he/she must notify the Contractor of such and at the same time transmit the relevant documentation. This also applies to linguistic variants.

1.8 The Client bears sole responsibility for the content and linguistic correctness of the source text.

1.9 The Contractor is entitled to pass on the assignment to equally qualified third parties. However, in such cases, Connect-Sprachenservice GmbH shall remain the sole Contractor.

1.10 The Contractor's name may only be added to the published translation if the entire text was translated by the Contractor and no changes or modifications were made to the translation without the prior approval of the Contractor.

1.11 The subject matter of the contract does not include checking whether the choice of vocabulary within the framework of the translation is suitable for bringing about the envisioned legal consequences or for excluding any undesired legal consequences. Such a task can only be carried out by a legal adviser versed in the legislation alluded to in the translated text. We recommend requesting your local foreign trade office for support in selecting a competent legal adviser.

2. Fees

2.1 The rates (prices) for translations are calculated in accordance with the rates (price lists) of the Contractor applicable to the individual types of the translations. Unless otherwise agreed, the prices for non-sworn translations are calculated on the basis of the number of words in the source text. Prices for sworn translations are calculated on basis of the number of lines (1 standard line = 55 characters incl. punctuation and spaces) of the translated text (target language).

2.2 Services whose execution exceeds that of simple text processing are charged for as per separate agreement (e.g. source documents are provided in special file formats; the Client demands a special graphic form that requires a specific software).

2.3 If the agreed service is not rendered due to reasons for which the Client is responsible, e.g. because he/she does not provide the text, or he/she violates other obligations of cooperation, the Client is obliged to pay at least 50% of the order fee due for the service or partial service not rendered. The abatement provision according to § 1168 of the General Austrian Civil Code (ABGB) is therefore expressly excluded.

2.4 Any cost estimate given is binding only if submitted in writing.

2.4.1 A cost estimate given in any other form serves only as a non-binding guideline.
2.4.2 Although the cost estimate is drawn up with the utmost care and diligence, no liability can be assumed for its correctness. In the event that the cost estimate is exceeded by more than 15% after order placement, the Contractor undertakes to notify the Client thereof without delay. In the event of an unavoidable price increase of up to 15%, separate notice to the Client shall not be required and the increased costs may be invoiced as usual.

2.5 Cost estimates given without having the source documents to hand shall serve only as non-binding guidelines. Unless a new cost estimate is submitted by the Contractor, the Client shall be obliged to pay the actual costs of the translation in accordance with item 2.1 even if not notified as stipulated in item 2.4.2.

2.6 Unless otherwise agreed, changes or additions to the order may be charged at appropriate rates.

2.7 Wage or salary increases deriving from collective agreements entitle the Contractor to subsequent price adjustments.

2.8 Value stability of the claims and incidental claims apply. The Consumer Price Index published monthly by the Austrian Statistical Office or an equivalent index shall be used to calculate the value stability. The index number calculated for the month of the contract conclusion shall serve as the reference value. Upward and downward fluctuations in the index number by up to 2.5% exclusively shall not be taken into account. Any upward or downward exceeding this margin requires recalculation, whereby the first index number outside the respective margin must form the basis for both re-establishing the claim amount and for calculating the new margin. The resulting amounts must be rounded up to one decimal place.

2.9 The full fee for an initial translation can be charged for the proofreading of external translations.

2.10 Appropriate surcharges can be charged for express and weekend work.

3. Delivery

3.1 Delivery deadlines and/or periods for the services to be performed by the Contractor are only deemed binding if agreed in writing and are contingent upon the timely fulfilment of the Client’s obligations to cooperate, in particular the timely provision of the translation documentation and necessary background information and fulfilment of the agreed terms of payment, and result in the Client being entitled to withdraw from the contract after explicitly setting a reasonable extension (always at least 14 days). In the event the Client asserts its right to withdrawal, the Client is obliged to remunerate the Contractor for all expenses incurred up until the time of the withdrawal. Any claims for damage on the part of the Client are excluded, with the exception of damage caused by wilful misconduct or gross negligence.

3.2 An agreed delivery deadline or delivery period is only deemed as fixed if this is expressly indicated as such in the agreement in writing.

3.3 Delivery deadlines and/or periods are extended even in the case of a fixed data agreement for all events provided the Client is behind with his/her obligation to cooperate.

3.4 If delivery by the deadline stated in 3.1 or within the delivery period is not possible due to a computer problem on the side of the Contractor, the Client will be informed of such immediately and advised of the next possible deadline. A withdrawal for delays caused by this reason is only possible in compliance with the setting of an extension provision laid down in 3.1. if the substitute deadline is also not upheld.

3.5 All documents provided to the Contractor by the Client shall remain in the possession of the Contractor after the conclusion of the translation unless otherwise agreed. The Contractor shall have no obligation to keep or otherwise handle these documents. The Contractor is, however, obliged to ensure that these documents cannot be used in any way contrary to the terms of the contract.

4. Cancellation of the contract by the Client

In the event the translation contract is cancelled by the Client, compensation must be made for the expenses incurred up to the time of cancellation, in particular for any text parts already translated.

5. Force majeure

5.1 In the event of force majeure the Contractor shall advise the Client immediately. Force majeure entitles the Contractor, as well as the Client to withdraw from the contract. However, the Client shall compensate the Contractor for all expenses incurred or services already rendered.

5.2 The following in particular are deemed to be force majeure events: accidents; industrial disputes; acts of war; civil war; the occurrence of unpredictable hindrances that can be proved to significantly impede the Contractor in completing the order in accordance with the contractually agreed terms.

6. Liability for Defects (Warranty)

6.1 Any claims regarding the quality of the translation shall be asserted within two weeks after the delivery (posting, date of email) of the translation by registered letter. Defects must be explained sufficiently and proven in writing by the Client.

6.2 The Client shall grant the Contractor an appropriate period within which to rectify these defects and the opportunity to do so. In the event of the Client refusing to do so, the Contractor is exempted from any liability of defects. If the defects are remedied within said appropriate period by the Contractor, the Client shall not be entitled to any price reduction.

6.3 In the event the Contractor allows the appropriate period to elapse without remedying the defect, the Client shall be entitled to terminate the contract or to demand a price reduction. In the case of minor defects, the Client shall not be entitled to terminate the contract termination or demand a price reduction.

6.4 Warranty claims shall not entitle the Client to withhold or set off any agreed payments.

6.5 In the case of translations used for printing, liability for defects shall only be applicable if the Client has expressly informed the Contractor of his/her intention to publish the text and if the Contractor is provided with the galley proof (author’s proof), including the final version of the text to which no further changes are to be made. In this case, the Client shall pay an appropriate reimbursement for proofreading or an appropriate hourly rate to be charged and invoiced by the Contractor.

6.6 There is no liability whatsoever for defects in relation to poorly legible, illegible or incomprehensible source material. This shall also apply to the proofreading of translations in compliance with Point 2.9 and 5.5.

6.7 Stylistic corrections or the adaptations of specific terminology  (especially industry-specific, internal company terminology and the like) shall not be deemed translation defects.

6.8 There is no liability for defects involving order-specific abbreviations that were not indicated or explained when the order was placed.

6.9 The Contractor shall not be liable for the correct transliteration of names and addresses from source materials that are not written in Latin characters. In such cases it is recommended that the Client  include a separate document with the correct spelling of names and other  words in capital Latin characters. This shall also apply to illegible names and numbers in birth certificates and other documents.

6.10 Numbers are reproduced as they appear in the source text  (manuscript). No liability is assumed for the conversion of numbers, measurements, currencies and the like.

6.11 Unless they are returned to the Client at delivery of the translation, the Contractor shall be liable for manuscripts, original documents and the like provided by the Client as a safekeeper in accordance with the Austrian Civil Code for a period of four weeks after order completion. No insurance obligation shall apply. Point 3.5  applies to the return of such documents analogously.

6.12 The Contractor shall bear no liability for the provision of  translators and interpreters, with the exception of damages resulting from intent or gross negligence in the selection process.

6.13 The Contractor shall bear no liability for proofreading services in compliance with Point 2.9 if the source text is not provided.

6.14 The Contactor shall bear no liability for any defects or impairments (such as virus infections, the violation of non-disclosure agreements, etc.) resulting from the delivery of translations by electronic means (e-mail, modem, etc.) except in cases of gross negligence on the part of the Contractor.

7. Damages

7.1 Any claims for damages to be paid by the Contractor are limited to the (net) amount invoiced, unless otherwise stipulated by binding  law. This limitation shall not apply to cases of gross negligence or intentional acts. There is no liability for lost profit or consequential losses.

7.2 In the event the Contractor has taken out liability insurance for financial losses, claims for compensation shall be limited to the amount that is covered by the insurance company in the specific case.

7.3 The Contractor undertakes to obligate its staff to keep secret the  contents of the translations. The Contractor bears no liability for violation of this obligation on the part of its staff.

8. Payment

8.1 Unless otherwise agreed, payment shall be made in cash upon handing over of the translation, or immediately after invoicing. The Contractor shall be entitled to demand an appropriate advance payment.  Advance payment of the full order amount may be demanded from private  persons and foreign Clients. If collection by the Client is agreed and  the translation is not collected on the agreed date by the Client, the Client’s payment obligation shall come into force on the day that the translation is ready for collection.

8.2 In the event of delay in payment, the Contractor shall be entitled to withhold documents provided for translation (such as manuscripts for  translation). In the event of a delay of payment, interest on late payments amounting to 12% p.a. will be charged.

8.3 In the event that the terms of payment agreed upon by the Client and the Contractor are not met, the Contractor shall be entitled to cease  work on unfinished assignments until such time as the Client meets his/her payment obligations. This also applies to assignments for which a  fixed date of delivery has been agreed upon (see Point 3.1). If the  value of the payment obligation is significantly less than the value of  the document, the Contractor shall only be entitled to retention up to the value of the payment obligation. In the event the Client ceases working on the order, the Client shall be entitled to no claims whatsoever, while the rights of the Contractor shall be prejudiced in no way whatsoever.

The Client is  liable for payment of all bank transfer fees and bank charges.

9. Obligation of secrecy

The Contractor shall be obliged to secrecy. The Contractor shall take  the necessary precautions to ensure that all subcontractors are also obligated to maintain secrecy. However, the Contractor shall not be liable for non-compliance with this obligation on the part of subcontractors except in the event of fault in the selection of the subcontractors. The Contractor assumes no liability for the security of the electronic transmission. The Contractor must be notified at the time of the placing of the order should the Client desire any special form of encryption.

10. Exclusivity

For a period of 12 months after completion of an order the Client agrees  not to enter into any kind of business relationship with the external subcontractors used by the Contractor.

11. Indemnification and holding harmless by the Client / Copyright

11.1 The Contractor shall not be obliged to check whether the Client has the right to translate the source texts or have these translated, but is entitled to assume the Client has all the relevant rights in relation to third parties necessary for performance of the order. The Client expressly assures the Contractor that he/she is in possession of such rights.

11.2 In the case of translations protected by copyright, the Client is obliged to declare the purpose for which he/she intends to use them. The Client gains only the rights that correspond to the declared purpose for which the translations are to be used.

11.3 The Client is obliged to indemnify the Contractor against all claims by third parties arising from breach of copyright, related rights or other industrial property rights or rights to the protection of privacy. This shall also apply in cases where the Client does not declare the intended purpose or uses the translation for purposes other than those declared. The Contractor must notify the Client of any such claims immediately and give third-party notice of a dispute in the event of legal proceedings. In the event the Client does not join the  Contractor in the proceedings after having been given third-party notification, the Contractor shall be entitled to recognise the claim of the plaintiff and claim indemnity from the Client regardless of the legitimacy of the claim recognised.

12. Place of jurisdiction

The place of performance for all contractual relationships subject to these General Terms and Conditions shall be the registered place of business of the Contractor. In the event of disputes regarding the existence or non-existence of such a legal relationship and disputes arising from such legal relationships, suits filed by the Contractor shall be settled at the discretion of the Contractor either at the  competent court of the Client or at the competent court of the  Contractor; suits filed against the Contractor shall be settled  exclusively at the competent court of the Contractor. Austrian law shall  apply.

13. Binding nature of the contract

The legal invalidity of individual provisions of this contract shall have no effect on the validity and binding nature of the remaining provisions of this contract.

14. Privacy Policy

All personal data of the client received in connection with the business  relationship are processed by Connect-Sprachenservice GmbH or its  associated companies in compliance with the legal regulations.

15. Other matters

Every statement, piece of information or confirmation of receipt sent by the Contractor by email is deemed as having reached the Client at the  time of sending if the email is sent to the last known email address given by the Client (pursuant to § 12 ECG).

All subsidiary agreements, changes and/or amendments to these provisions require the written form if they are to be valid.


Section II – Interpretation

Unless otherwise agreed in writing, the following conditions also apply for our interpreting services.

1. Obligations of the Client

The Contractor shall organise the interpreters for events of the Client based on the requirements submitted by the Client. The Client is obliged to inform the Contractor in writing at the time of conclusion of the contract of the exact requirements with regard to the desired language  combination(s), team composition arrangements or any special requirements over and above those usually expected of experienced conference interpreters. Any changes made at a later date require the written counter-confirmation of the Contractor if they are to become  valid.

Furthermore, the Client is obliged to provide the Contractor with sufficient info material and documents for each interpreter at the latest one week before the start of the event, as the quality of the interpretation depends to a great extent on the preparation of the  interpreter and therefore also on the info documentation provided by the organiser of the event (presentation manuscripts, programmes,  invitations, agendas, reference material from earlier events, a list of websites relevant for the events such as general websites to the topic, websites of companies/institutions/associations participating in the event, glossaries etc.); this applies in particular to any texts to be read or videos/films to be shown during the event.

The Contractor is released from any liability whatsoever with regard to  the quality of the interpreter service in the event that documents are not provided by the Client in good time or not in a sufficient quantity. The Contractor is entitled to reproduce itself any reference material not provided by the Client in the sufficient numbers and to invoice the Client for any costs this involves.

2. Obligations of the Contractor

As Contractor, Connect-Sprachenservice GmbH undertakes to work together exclusively with experienced, well-qualified interpreters. It makes every effort to select interpreters in accordance with the specialist fields of each individual interpreter. Should the Client make any complaints with regard to the quality of the interpretation service, the Client is obliged to prove the deficiency specifically without delay indicating the interpreter concerned (for example by means of audio tapes). Liability claims on the part of the Client with regard to complaints concerning the quality of the interpreting service may be asserted by the Client solely against the individual interpreter, not however against Connect-Sprachenservice GmbH.

Connect-Sprachenservice GmbH is at the disposal of the Client with  regard to the order before, during and after the event as the sole contact partner and offers its services either as a complete package or individually. It should be noted that interpreters and translators of Connect-Sprachenservice GmbH are expressly forbidden to work directly with the Clients of Connect-Sprachenservice GmbH or offer their services to these Clients (e.g. by handing out business cards etc.). For this reason Clients of Connect-Sprachenservice GmbH agree to notify the company without delay of any such incident or to appear as a witness for Connect-Sprachenservice GmbH in the event of legal action in the case of a violation by an interpreter and/or translator of Connect-Sprachenservice GmbH in which they as the Client are involved.

3. Interpreter fees

The fees for interpreter services are determined in compliance with the rates of Connect-Sprachenservice GmbH or in compliance with its written cost estimates. Cost estimates are only valid if given in writing. Cost estimates given in any other form serve only as non-binding guidelines.

Cost estimates dating back more than 1 year before the date of the event are subject to a value stability provision, whereby an increase in the  applicable rate of up to 5% p.a. is permissible (applies to interpreter services and equipment).

The organiser of the event is liable in full for any extra costs that  arise in the event higher rates than envisaged for the ordering of  interpreters become unavoidable due to reasons for which Connect-Sprachenservice GmbH is not responsible or that arise due to extra expenses (e.g. late placing of the order on the part of the organiser of the event).

Interpreter rates are usually calculated on a half-day or full-day basis. A half-day’s rate covers the attendance of the interpreter at the venue for maximum 4 hours; a full day’s rate covers the attendance of  the interpreter at the venue for 8 hours. Overtime rates per interpreter and per hour will be charged if the agreed attendance time is exceeded. Full or half-day rates and overtime will be calculated from the time the interpreter is expected at the venue of the conference by the organiser of the event and that he/she has indicated in writing. Should the event start later than planned, this shall not be taken into account. Each hour started will be charged for as a full hour. Offsetting of remaining hours on a short conference day against the duration of another day is expressly excluded or rather requires a clear, written agreement prior to the start of the conference.

4. Interpreters’ travel expenses to and from the venue / other expenses

All expenses (hotels, transfers, accommodation, etc.) are charged to the Client.

Any other possible expenses or costs are calculated on the basis of the  written agreements. Should these agreements prescribe a specific form of transport to be used by the interpreters/technicians to travel to the venue and should this be impossible to comply with due to circumstances  for which the Contractor is not responsible (e.g. agreed form of  transport not possible due to a railway strike), the Contractor is entitled to organise another form of transport and to charge for the respective costs (e.g. travel to the venue by car instead of the agreed form of transport and invoicing of the official kilometre allowance plus any necessary road tolls). Should the distance between the venue, station/airport or hotel of the interpreters/technicians be longer than 500 m, the Contractor is obliged to provide transport for the journeys necessary during the event and travel to or from the venue or to pay for a taxi for these journeys.

Should it be necessary to travel to/ from the event 1 day before / after the event, a half day’s rate will be charged for travelling times unless otherwise agreed. The generally applicable hourly rates shall apply for the travelling times.
Unless expressly otherwise agreed in writing, the Client is obliged to organise and pay for the accommodation of the interpreters/technicians should it be necessary for them to stay overnight. A sufficient number of single rooms must be provided in accordance with the number of team members.

Bookings must be made in the name of “Connect-Sprachenservice GmbH”. Should the special circumstances of a specific event make it necessary to begin installing the equipment more than 1 day before the start of the event, the Client is obliged to pay the costs of accommodation for the technicians as of this date or as of the respective evening before.

The Client is obliged to pay for the meals taken by the interpreters/technicians. This can be effected by means of a) provision of meals, b) reimbursement of submitted receipts, c) agreement of a per diem allowance for meals. The organiser of the event undertakes to provide a sufficient supply of drinks for the technicians/interpreters during their work in the cabin at his/her own expense. 

Meals taken during the journey can be charged to the Client for journeys of more than 4 hours each way to or from the event.

5. Cancellation

The following cancellation fees apply in the event the order is cancelled:

a) 6 to 4 weeks before the start of the conference: 30% of the order amount
b) 4 to 2 weeks before the start of the conference: 50% of the order amount
c) less than 2 weeks before the start of the conference: 100% of the order amount

Expenses already paid (purchase of tickets, hotel reservations, already booked flight tickets etc.) and already incurred administrative costs (e.g. for bookings of interpreters already undertaken, briefings etc.) are invoiced for in full in the case of a cancellation.

In the case of cancellations made in the peak months of the conference season (May, June, September and October), the cancellation fee of 100% applies for all cancellations made later than 6 weeks before the start of the conference.

6. Force majeure

In the event of force majeure the Contractor is obliged to advise the Client of such immediately. Force majeure entitles the Contractor, as well as the Client, to withdraw from the contract. However, the Client shall compensate the Contractor for all expenses already incurred or services already rendered. The following in particular are deemed to be force majeure events: industrial disputes; acts of war; civil war; the occurrence of unpredictable hindrances that can be proved to significantly impede the Contractor in completing the order in accordance with the contractually agreed terms, happenstance, illness, accident, death.

7. Recordings

The making and publication of audio tape or video recordings of the interpretation is only permitted with prior written approval. Unless otherwise agreed, a half-day’s rate is charged for the compilation of audio tape and/or video recordings per interpreter.

8. Payment

In the event of a default of an agreed payment before the start of the event, the Contractor is entitled to refuse performance of the agreed service, whereby the agreement is deemed cancelled in this case and the cancellation provisions shall become effective. Any additional work/overtime shall be invoiced for after the event. The Client is liable for payment of all bank transfer fees and bank charges.


Section III – Rental of interpreter and conference equipment

1. General

Upon request, Connect-Sprachenservice GmbH (referred to in the following as Rental Company) will assume the organisation of the technical equipment needed for congresses and interpreter orders. The following conditions apply for all individual rental agreements for conference  equipment, discussion systems, interpreter systems (incl. mobile guidance systems) and voting systems.

The party renting the equipment acknowledges these conditions as binding. Every deviating agreement requires the written confirmation of the Rental Company.

The party renting the equipment waives the right to assert his/her own General Terms and Conditions. These shall not become the subject matter of the agreement either through silence on the part of the Rental Company or its performance.

The costs for the conference equipment depend on the type of equipment  and the facilities in the room. For this reason the prices quoted are a  non-binding guideline. A final offer cannot be made until we have  received detailed information (room layout, photos, information concerning acoustics etc.) about the room in which the conference is to be held or have had an opportunity to view it.

The offer of the Rental Company is without engagement. The individual rental agreement comes into effect with the order confirmation of the Rental Company.

2. Installation, handover

The party renting the equipment is obliged to ensure that the premises,  room facilities and supply installations are available in good time before the installation as agreed with the Rental Company. The costs incurred for this shall be born by the party hiring the equipment. Unless otherwise agreed, the Rental Company shall organise the transport  and connection of the system on the premises of the party renting the  equipment and the installation of the system ready for operation. The  costs incurred for this shall be born by the party renting the  equipment. Any additional expenses – e.g. arising as a result of  additional services, obstacles to performance, working on Sundays and  public holidays as well as night work and additional work – shall be  borne by the party renting the equipment. The parties to the agreement  are released from their contractual obligations in the event the Rental  Company is prevented from delivering and installing the system in good  time without being guilty of gross negligence. In compliance with these  conditions (see Chapter III, Point 10), any claims for damages on the  part of the party renting the equipment towards the Rental Company are  excluded.

3. Rental period

The respective individual rental relationship begins on the day the  equipment or systems are handed over ready for operation and ends on the  date contractually agreed for the return of the equipment or systems.

4. Rental fee

4.1. Unless otherwise indicated by the Rental Company, the party renting  the equipment shall pay the specified rental fee on receipt of the  invoice without deductions and free of charges for the Rental Company.
In the event of a delay in payment on the part of the party renting the  equipment, the Rental Company is entitled to charge default interest to  the amount of 12% p.a. The party renting the equipment is only entitled  to exercise a right of retention for claims arising from the same rental  agreement. The party renting the equipment is only entitled to offset  claims against the Rental Company if the Rental Company has acknowledged  the counterclaim of the party renting the equipment or this has been  upheld by a court of law.

4.2. Should an overnight stay be necessary for the technicians, the costs incurred for this shall be borne by the party renting the  equipment. See Chapter II, Point 4 above.

4.3 In the event of a default of an agreed payment before the start of the event, the Rental Company is entitled to refuse performance of the agreed service, whereby the agreement is deemed cancelled in this case and the cancellation provisions shall become effective. Any additional  work/overtime shall be invoiced for after the event. The party renting  the equipment is liable for payment of all bank transfer fees and bank charges.

5. Deposit

A deposit may fall due for payment with the handing over of the rental  equipment to the party renting the equipment. 

This shall be paid back to  the party renting the equipment after the rental equipment has been  returned, provided the rental equipment is in an orderly and proper  condition. 

If this is not the case, the deposit shall first be retained  by the Rental Company and offset against the respective claims.

6. Withdrawal from the rental agreement

Cancellations must be submitted in writing.

In the event the party renting the equipment withdraws from the  agreement before transfer for use of the subject matter of the  agreement, he/she is obliged to pay: a) in the case of withdrawal up to 4  weeks before the start of the event: 50 %, b) in the case of withdrawal  at a later date: 100 % of the rental fee, plus VAT. Costs incurred for  external services (e.g. transport costs, device modifications etc.) are  to be paid additionally. Withdrawal of the party renting the equipment  is only permitted in the case of a hindrance without fault.

7. Property and ownership relationships

The rented system remains the property of the Rental Company. Without  the prior approval of the Rental Company, the party renting the  equipment is not permitted to move the system or any parts of it to a  location other than that specified in the individual rental agreement.  The party renting the equipment is not entitled to pass on the subject  matter of the agreement to any third parties either against payment or  without payment or allow third parties to use it.

8. Receiver handout

The party renting the equipment is responsible for handing out the  receivers with headsets. He/she must provide the necessary helpers for  this. Upon request, the Rental Company will undertake handing out the  receivers in exceptional cases. The costs incurred for this shall be  borne by the party renting the equipment. The handout procedure shall in  no way affect the liability provision pursuant to Chapter III, Point 9.

9. Liability of the party renting the equipment

The party renting the equipment shall handle the system with all due  care, keep it safe from damage and theft in rooms that can be securely  locked (!) and only use it for its intended purpose.

No changes, interventions, repair work may carried out on the rented  equipment without the approval of the Rental Company. In particular the  party renting the equipment is obliged to observe the instructions for  use for the rented equipment (e.g. charging of a battery).

The party renting the equipment is liable for the risk of damage or loss  of the equipment for the duration of the rental relationship. In the  event of damage, the Rental Company and the party renting the equipment  shall compile a report together on site. If this has not been  undertaken, the Rental Company shall document the inventory or condition  of the system either at the place of installation or after it has been  returned. The Rental Company may at its discretion have damage to the  system components for which the party renting the equipment is liable  rectified by means of repair or replacement at cost price.

The party renting the equipment will be charged for any system  components not made available to the Rental Company immediately on  conclusion of the rental period.
In the event of a delay in returning the rented equipment, the party  renting the equipment is obliged to reimburse the Rental Company for any  incurred damage (e.g. additional rental fee to fulfil the next order).  However, he/she will be invoiced for at least the amount of the agreed  rental fee.

Unless otherwise agreed, the original price will be charged as the  replacement value should the rented equipment be lost, provided the  party renting the equipment does not him/herself provide a replacement  within 7 days.

10. Liability of the Rental Company

The Rental Company is not liable for any damage incurred by the party  renting the equipment during the rental period due to a breakdown or  malfunction of the rented equipment or connected with proper operation  of the rented equipment. In the event of liability of the Rental Company  due to delay or impossibility of performance, the amount of the claims  for damages is limited to the agreed rental fee for the period the  rented equipment was not available for the party renting the equipment.  Otherwise the Rental Company is liable only in cases of wilful intent or  gross negligence, provided there is no liability for injury to life,  body or health or for breach of cardinal contractual obligations.  However, the claim for damages arising from the breach of cardinal  contractual obligations is limited to usual foreseeable damage typical  for this type of agreement.

11. Return of the system

The party renting the equipment undertakes to return the rented  equipment including all accessories to the Rental Company at his/her own  cost and risk complete, intact and on time, and shall be liable for any  damage or losses.

In the event of a delay in returning the rented equipment, the rental  period shall be extended proportionately to the length of time of the  delay. In this case the fees specified in the offer shall apply  accordingly. Acceptance of the returned rented equipment on the part of  the Rental Company in no way constitutes confirmation that this has been  handed over free of defects. The Rental Company reserves the right to  thoroughly examine the rented equipment with regard to damage and  function. The party renting the equipment is obliged to point out to the  Rental Company any damage to the equipment without being requested to  do so, at the latest when the equipment is returned.

Last updated October 2017