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Terms and conditions for translations

The translation service proposed by International Translators is brought to you by the translation department of City Tours Europe. Any contracts stipulated with the translator team of International Translators are subject to the following terms and conditions (extract from the general terms and conditions of City Tours, containing the "General provisions" which apply to all contracts with City Tours and the "Chapter 4" which applies to translations ordered with the translation department of City Tours):

General provisions: Company details and definition of the fields of activity

Art. 1: Compulsory information in accordance with the Austrian e-commerce code art 5.1

Company name: City Tours GmbH / Partners: Katarina Bachner, Alexander Ehrlich / Address: Rosaliagasse 19/6 A-1120 Vienna, Austria / Telephone: +43 1 966 02 61 (office hours) / Fax: +43 1 253 30 33 - 77 92 / Website: www.citytours-europe.com / Head office: Rosaliagasse 19/6 A-1120 Vienna, Austria / registered in the companies record at the Commercial Court of Vienna with the registration number: 355042x (HG Wien) / Competent Court: Vienna / Bank address: Erste Bank, Gudrunstrasse 122, A-1100 Vienna, Austria, national transactions: sort code 20111, account number 29513769500, international transactions: IBAN = AT04 2011 1295 1376 9500, BIC = GIBAATWW / Registered commercial activities: tour operator, ticket office services, translation services, event agency, talent agency / member of the Vienna Chamber of Commerce; travel agencies department, leisure services department, printing department.

Art. 2: City Tours fields of activity

City Tours is a "Gesellschaft mit beschränkter Haftung" (i.e. a Limited) with six fields of activity: tour operator, ticket office, translation service, event agency, guides agency, and talent agency. For each one of our fields of commercial activity, different conditions of sale shall apply, in accordance with the particular needs of the corresponding field. The general terms of sale of City Tours are divided into general provisions and five chapters dealing with the company's economic fields of activity (contracts signed with City Tours for the tourguide service are subject to the tour operators' general terms of sale). The general provisions shall apply to every contract signed with City Tours; the relevant chapter depends on the service required.

Art. 3: Applicability of the general terms of sale and of their chapters

For any offer provided by City Tours to its customers, it is clearly specified which one of the chapters in the general terms of sale applies to the contract. Moreover, the customer shall receive along with the offer, an up-to-date extract of City Tours general terms of sale including the relevant chapter in force at the time of contracting. The full text can be sent on request. By signing the contract, the customer acknowledges he has read and accepted the general terms of sale relevant to the contract.

Art. 4: Applicability of the translated versions of the general terms of sale.

City Tours uses German as its official language. In order to communicate more easily with its non-German-speaking customers on commercial matters, City Tours can provide translations of its general terms of sale. These were written and thoroughly checked by City Tours. Nevertheless, in case of a disagreement over a difference between the German version and the translated version of the general terms of sale, the German version shall prevail as the only legally binding text.

Art. 5: Offer and legal meaning

Offers sent by City Tours to its customers are non-binding offers. They can be valid without any limit of time or be subject to the deadline of an option. For the offers which are not subject to a deadline, City Tours reserves the right to add any later modification to the original service and its price. The necessity to make these modifications will be justified individually with the customer and it will lead to a new readjusted offer. In case of offers subject to a deadline, City Tours shall voluntarily maintain the fares and services of the offer until the deadline of the option. However, receiving an offer does in no way give rise to mutual rights and duties between City Tours and the customer.

Art. 6: Conclusion of the contract

Concerning the conclusion of the contract, the following rules apply for each one of the five fields of activity of City Tours: if a booking confirmation form is enclosed with the offer sent by City Tours, it can be used by the customer to order the required services. To confirm the booking, it has to be filled in completely, dated and signed, and sent back to City Tours by fax or post. This will be considered as a legally binding declaration of intention to conclude the contract in question with City Tours. City Tours can accept or reject this proposal. If City Tours accepts the contract, it will be considered effective when a reconfirmation is sent back to the customer. If City Tours rejects the proposal, no contract will be concluded. If within seven working days, no confirmation or refusal has been sent by City Tours, the proposal is automatically considered as being rejected.

Art. 7: Choice of the enforceable law

Only the Austrian law in force applies to the present general terms of sale, as well as to every contract signed with City Tours. In case a disagreement might arise between City Tours and one of its contracting parties, the case shall be settled before a court of law with appropriate territorial jurisdiction in Vienna, Austria.

Art. 8: Saving clause

If some of the provisions in the present terms and conditions were to be null and void or impossible to carry out, or if they became null and void or impossible to carry out after the conclusion of a contract, the validity of the whole contract would remain intact. The null and void or impossible to carry out provisions have to be replaced by an effective feasible provision whose effects are the closest to the economic aim that the contracting parties had looked for in the aforesaid null and void or impossible to carry out provision. The same shall apply in case of loopholes in the contract.

Art. 9: Period of validity

The present version of the general terms of sale of City Tours applies to every contract signed with City Tours after October 1, 2011. City Tours reserves the right to modify without notice its general terms of sale, particularly to be in line with modifications in the legal framework. In such circumstances, we would do our best to update as quickly as possible the version available on our website. During the period when two versions would overlap, leading to ambiguities between these two, it will then be the version of the general terms of sale sent to the customer with the offer that will be admissible and will prevail on every previous version, including the present one.

Art. 10: Privacy and data protection

The contracting parties agree on a strict confidentiality concerning the information about commercial activities, even after the end of the contract period. We draw attention to the fact that within the framework of the contract realization, the data related to the customer is recorded by City Tours and will only be processed and used in accordance with the Privacy Declaration of City Tours. The Privacy Declaration of City Tours represents an integral part of the entire contract signed with City Tours and it is sent to the customer with the order form before the conclusion of the contract. By signing the contract the customer agrees to the terms and conditions of the Privacy Declaration of City Tours and to the above-named conditions of processing and use of data related to himself or his company.

Chapter 4: General terms of sale of City Tours as a translation agency

Article 1: Scope of service

Unless agreed otherwise in writing, the following terms and conditions shall apply to the whole service:

1. The customer undertakes to inform the agency about the intended purpose of the translation, e.g. whether it is used:
• for information only,
• for publication and advertising,
• for legal purposes or patent proceedings
• or for any other purpose where specific translational care is required.
2. The customer cannot use the translation for any other purpose than the one he previously specified. If the customer uses the translation to another end than the one stated in the order and for which it was realized, the customer shall not claim for damages from the translation agency City Tours.
3. If the translation agency City Tours is not notified about the purpose of the translation, City Tours shall conscientiously produce the translation for the purpose of information.
4. Unless agreed otherwise, the translation agency City Tours sends the finished translations in PDF (Adobe Acrobat) to the customer via email.
5. Unless agreed otherwise, the translation agency City Tours shall use the best of its technical knowledge and equipment to faithfully reproduce the layout of the initial text.
6. If the customer requires the use of a specific terminology, he has to inform the translation agency City Tours when sending the necessary documents. This equally applies to regional linguistic differences.
7. The translation agency City Tours is entitled to delegate the order to another party with the same qualifications. Nevertheless, in this specific case, City Tours remains the customer's unique contractor.
8. The name of the translation agency City Tours may only be affixed to the translation if the whole text was translated by the translation agency City Tours, or if no modification was made without the agreement of the translation agency City Tours.

Article 2: Fees

1. The fees (prices) for translations are set in accordance with the rates (price lists) of the translation agency City Tours, which apply to the respective type of translation. Fees for translations of legal documents are calculated per page. Charges for all other types of translations are calculated on the basis of a standard line of the initial text. 1 line = 50 to 55 characters, 1 standard page = approx. 25 typewritten lines (DIN A4). The translation agency City Tours can translate any kind of texts, including short texts, but it does charge a minimum fee for small-length translations.
2. For translations requiring a particular effort, i.e. more than word-processing, fees are directly agreed with the customer (for instance if documents are provided in a specific file format, or if the customer needs particular graphics requiring a specific software).
3. Unless agreed otherwise, the invoice is calculated according to the initial text (document to be translated). This practice differs from the traditional calculation methods peculiar to this field in the sense that a translation fee is usually calculated according to the length of the target translation (translation result), but it cannot be precisely calculated in advance. The translation agency City Tours decided to calculate its fees according to the initial text to provide a better price transparency, and in order to give an accurate price for a translation to the customer in advance.
4. Before signing the contract, the translation agency City Tours provides the customer with an accurate price for the translation, and whatever happens, it commits itself to respect this fixed price, even if the eventual translation cost exceeds the estimated one. This practice does also differ from the traditional translation market rules and is intended to enable the customer to include the translation cost into his calculations in advance.
5. To be able to act as described in Article 2.d, the translation agency City Tours needs to dispose of the initial text (text to be translated) as well as of all the information regarding the ordered translation, in particular its future use and the type of translation needed. If one of these conditions isn't met, the translation agency City Tours cannot calculate a binding price offer, but just an unbinding estimate. Between such an estimate and a consequent final offer, changes could occur. In this case, City Tours will explicitly attract the customer's attention to these changes before the signing of the contract.
6. Later contract modifications such as change of use, type or length of translation are possible, but they absolutely have to be written down (post or fax) and will be charged according to the applicable rate at the moment of the modification. If the price came to a lower total due to a contract modification, the price difference shall not be reimbursed to the customer. Nevertheless, City Tours allows its customers to use the remaining money for other translations or services proposed by City Tours (for instance to purchase vouchers for our public city tours or for other touristic services).
7. Fees for proofreading can be the same as translation fees. However, for this type of service, the translation agency City Tours takes into account the estimated work time by examining the initial text (text to be translated). Besides, in this situation, the provisions of Articles 2.d and 2.e can also apply.

Article 3: Delivery

1. Concerning the delivery date of the translation, the mutual written declarations shall apply. If the delivery date is an integral part of the order accepted by the translation agency City Tours, the customer shall clearly state this fact in advance. To enable City Tours to respect the delivery period, the customer needs to provide in due time all the required documents, for instance initial texts and all necessary background information, and to respect the terms of payment and any other contractual obligations. If these prerequisites are not duly fulfilled, the delivery period will be extended accordingly.
2. Failure to meet the delivery deadline shall only entitle the customer to rescind the contract if the delivery deadline was clearly agreed upon as definite (see Article 3.a) and if the customer fulfilled all conditions of Article 3.a. The customer cannot claim for damages except for damage caused by intent or gross negligence.
3. Unless agreed otherwise, the delivery shall be made by email in PDF (Adobe Acrobat) file format. See also Article 1.d. The customer shall bear the risk for loss or damage for each delivery (transfer).
4. Unless agreed otherwise, the documents given by the customer to the translation agency City Tours are kept by the translation agency City Tours after the end of the contract. The translation agency City Tours is not required to keep the documents but it has to make sure that they are only used according to the contract terms and agreement.

Article 4: Force majeure

The translation agency City Tours shall notify the customer of any cases of force majeure without delay. Force majeure situations shall entitle both the customer and the translation agency City Tours to rescind the order. The customer shall compensate the translation agency City Tours for any expenses incurred or services already carried out. Force majeure situations shall be for instance: accidents, labour conflicts, acts of war, civil war, occurrence of unforeseeable events which decisively impair the abilities of the translation agency City Tours to complete the order as agreed.

Article 5: Liability for deficiencies (Warranty)

1. Any complaint about the quality of the translation has to be made within a period of four weeks after delivery of the translation. Evidence of such deficiencies must be notified by the customer in writing.
2. In order to correct these deficiencies, the customer shall grant the translation agency City Tours a reasonable period to remedy to the deficiencies. If the customer refuses the grant of such reasonable period, the translation agency City Tours shall be discharged from assuming any responsibility for such deficiencies. If the deficiencies are corrected within the reasonable period, the customer shall not be entitled to a reduction of the price.
3. If the translation agency City Tours allows the reasonable period to pass without remedying to the deficiencies, the customer can rescind the contract or demand a reduction of the price. There is no right of rescission or price reduction for minor deficiencies.
4. Claims for warranty shall not entitle the customer to withhold the agreed payments or to reduce them as a compensation.
5. There shall only be liability for translations used for publication if the customer expressly notified the translation agency City Tours in writing beforehand that he intends to publish the text and that the translation agency City Tours is provided with the proofs for proofreading (author's correction) until receiving the unmodified final version. In this case, the translation agency City Tours shall be paid a reasonable remuneration for the correction and the customer shall pay the hourly rates as charged by the translation agency City Tours for such a service.
6. The translation agency City Tours shall not be held responsible for deficiencies in the translation of documents that are illegible or incomprehensible. The same condition shall apply for proofreading of translations described in Articles 2.g, and 5.e.
7. Stylistic improvements and use of specific terminologies (particularly those specific to sectors of activity or to a company), etc. shall not be recognized as deficiencies in the translation.
8. The translation agency City Tours shall not be held responsible for deficiencies concerning the translation of abbreviations specific to the project if these were not mentioned or explained by the customer when ordering.
9. The representative shall not assume any responsibility for the correct reproduction of names and addresses which are not in Latin letters. The same applies for illegible names and numbers on birth certificates and other legal documents. In such circumstances, the customer is advised to provide the proper names and designations in Latin capital letters on a separate sheet of paper. The same shall apply mutatis mutandis for translations from a language using another alphabet into a language using the Latin one.
10. The reproduction of numeric data is only made according to the manuscript. No liability is assumed by the translation agency City Tours for the conversion of figures, measurements, currencies, etc.
11. The translation agency City Tours shall be liable to the customer for any manuscripts, original documents, etc. provided by the customer and shall act as a custodian within the terms of the Austrian Civil Code ("Allgemeines Bürgerliches Gesetzbuch", ABGB) for a period of four weeks after the end of the contract unless the documents are returned to the customer upon delivery. There is no insurance obligation. Mutatis mutandis, Article 3.d shall apply for the return of the documents.
12. No liability shall be assumed by the translation agency City Tours for the provision of translators and interpreters except in case of intent or gross negligence in the selection of the service providers.
13. No liability shall be assumed by the representative for proofreading described in Article 2.g, if the original text is not provided along with the text to be proofread.
14. No whatsoever liability shall be assumed by the translation agency City Tours for deficiencies or deterioration (virus, violation of confidentiality, etc.) arising during translation data transfers (email, modem, etc.), except in case of intent or gross negligence from the translation agency City Tours.

Article 6: Damages

All claims for damages against the translation agency City Tours shall be limited by the invoiced amount (net), unless stated otherwise by the law. This limitation of damages does not apply to cases of gross negligence or intent. There is no liability assumed by the translation agency City Tours for lost profits or indirect damage.

Article 7: Copyright

1. The translation agency City Tours is not required to ensure that the customer is entitled to translate - or ask for the translation of - the initial text, he is trusted to have all rights necessary to the carrying out of the contract. The customer clearly ensures that he is entitled to do so.
2. As for translations protected by copyright, the customer is required to specify the future use of the translations. The customer obtains a copyright only for the use he previously specified.
3. The customer is required to pay a compensation to the translation agency City Tours for any claim made by a third party in case of violation of copyright, service protection, company property rights or intellectual property rights. The same shall apply if the customer does not specify the use of his translation or if he uses it for any other purpose. The customer has to immediately inform the translation agency City Tours of any such claims and legal actions. If the customer does not, in case of a legal action, take part in the legal proceedings alongside the translation agency City Tours, the latter is entitled to accept the plaintiff's claims and to be compensated by the customer, whether the claim is legitimate or not.

Article 8: Payment

1. Unless agreed otherwise, the total price of the service shall be paid when ordering, either in cash at the office of the translation agency City Tours or via a bank transfer or by credit card. This procedure differs from the market customs in that Austrian companies usually do not ask for payment until delivery. This difference is necessary for entrepreneurial reasons, and is the prerequisite for other differences from the market customs established in the interest of the customer as set forth in Article 2.c, d, and e.
2. Different payment conditions from those above can be possible for specific reasons subject to the view of the translation agency City Tours; nevertheless, such agreements have to be made in writing (post or fax).
3. If the terms of payment as agreed upon between the translation agency City Tours and the customer are breached, the representative is entitled to suspend work on the pending orders until the customer fulfils all payment obligations. This shall also apply to orders for which a fixed delivery period was agreed upon (see Article 3.a).
4. If delay in payment occurs, the translation agency City Tours shall be entitled to withhold any documents (e.g. manuscripts to be translated) that accompany the order. Moreover, interests on overdue payments of 2 % above the EURIBOR's ("Euro Interbank Offered Rate") current rate shall be charged in the event of any delay in the payment. If the amount of the payment obligation is negligible compared to the value of the documents, the translation agency is only entitled to partially withhold the documents up to the worth of the customer's debt. The cessation of work shall not entitle the customer to any legal claims, and the translation agency City Tours on the other part shall not be prejudiced in its rights in any way.

Article 9: Professional secrecy

The translation agency City Tours is bound by professional secrecy. It has to ensure that its potential subcontractors do also respect this professional secrecy. No liability shall be assumed by the translation agency City Tours in case of breach of this liability by its potential subcontractors, except in case of intent or gross negligence during the subcontractors' selection.

Article 10: Reminder

The main part of the general terms of sale of City Tours is also an integral part of the present general terms of sale of City Tours as a translation agency; it comprises general provisions about the competent court of law, the enforceable law, the validity period and the applicability of each chapter of the general terms of sale.

How to order a translation

Those who are interested in ordering a translation with "International Translators", the translation service of tour operator City Tours Europe, are always welcome to write us to . To get a quote for your individual translation as soon as possible, please have a look at our "how to order" page and include all the required information into your translation request. We will then get back to you in the shortest possible delays and provide you with a detailed offer for your translation from one language to another. To learn more about the available language combinations with "International Translators", please visit our language combination list.

 

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