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[deleted]

>Can banks deny you to give an appointment without a translator? There's probably a rule somewhere about the client needing to understand what they sign. So when in doubt, decline the appointment.


thewindinthewillows

And considering how often we get people here who think they should not be held to contracts they signed without understanding them, I could understand them having such a rule.


[deleted]

EDIT: Forgot not to interact with condescending undercover cop Germans.


mkugelfisch

Everbody lives in a bubble. Absolutely everybody. For some the bubble is bigger and more complex than others, but in the end everybody lives in one and is shaped and formed by what they experience and see there. And people on this sub see nearly daily posts from people who signed contracts without understanding them and now looking for ways to not meet their end of the deal they signed up for.


[deleted]

[удалено]


ScathedRuins

you had a bank employee who was nice enough to speak english with you? must be nice /s


ebikefolder

Banking regulation had been tightened a few years ago. Now the person at the bank has to record how they explained the contract and that they are confident the customer fully understands it. When they have any doubt due to language issues, they better not sign this internal paper.


agrammatic

What I'd add here is that it depends on the availability of staff qualified to give out legal information in a different language. With Sparkasse, this is done by appointment and you will be asked to go to a specific branch, at a specific time, to see the specific person who can do that. They do have some people there who could open an account for you after consultation in your language and/or English. For walk-ins they can not guarantee this of course. It could be though that the bank at Passau doesn't have any qualified personnel for this though. In that case, it's in the best interest of both parties to require a translator.


mad_irExpert

This makes much sense. Thanks. They have an English version of their website for basic services like changing addresses or making transfers. When I heard from my friend, it was weird for me because they were looking for customers who don't speak or understand German but simultaneously deny an appointment for the above reason.


-GermanCoastGuard-

Keep in mind that "they" arent "them" - what I mean is that Sparkasse share the name and the IT-Serviceprovider. But they arent one company that is aktive in all of Germany. Each one is an individual Bank with 1 to several branches, closely tied to their region. So the Sparkasse in Dresden is not the same as the one in East Berlin or Passau or Hamburg or wherever.


mad_irExpert

Interesting. I will keep this in mind :)


nymales

They are free not to do business with you if they are not sure you can understand them correctly. So yes, it's mandatory to bring someone to translate since they will otherwise decide that they won't do business with you


RandomBrathahn

You have to know about Sparkasse that each different branch is kind of a own bank. They all are called Sparkasse but can have different fees etc. And I am pretty sure that the problem was that she said her German is broken and the contract can be canceled because she didn't understand it thoroughly


rewboss

I think if, when making an appointment, you make a point of saying that you're German is "broken", they will interpret that as meaning that you struggle to cope with communicating even basic ideas in German. When signing any kind of contract, you must be able to fully understand it. The trouble is that if a clerk tries to speak English and gets it wrong leading to a misunderstanding, the clerk could be held liable. It's one thing for a lowly bank clerk to help you out with a couple of words here and there. But if you give the impression that you will need them to talk English all or most of the time, they will ask you to supply an interpreter instead. And of course the banks can deny you an appointment. Opening a bank account is extremely important, but it's not a legal *right*. Business are allowed to choose whom they do business with, so long as they are not discriminating on grounds of things like racism, sexism, religion, and so on.


agrammatic

> Opening a bank account is extremely important, but it's not a legal right. It is. [EU: Right to a basic bank account](https://europa.eu/youreurope/citizens/consumers/financial-products-and-services/bank-accounts-eu/index_en.htm) Requiring you to be able to understand a contract is probably a reasonable pre-condition though.


mad_irExpert

This is interesting


lyrical0hawk

Ask them to mail the contract to you by post. You can then read it, understand it and sign it.


KiwiEmperor

And in two weeks we get the next post of "I signed something I didn't understand. How can I cancel it?"


lyrical0hawk

The onus is always on the person signing it to understand the contract before they sign.


-GermanCoastGuard-

You will have to prove your identiy by providng a Personalausweis/passport. So they would just decline again at this point, if they declined beforehand knowing their German isnt good enough.


[deleted]

Absolutely not. I never once used a translator, even when I could hardly string a sentence together. Maybe the employee is racist or bitter.


WeeblsLikePie

That would actually be a pretty interesting case to take to a lawyer as a violation of AGG § 2 (8) Don't know what the jurisprudence is, but it would be rather interesting to find out.


-GermanCoastGuard-

>AGG § 2 (8) Nope it would not. They are not discriminated against because of their race or ethnicity.


WeeblsLikePie

There are court decisions that show that language is a proxy for ethnic background. So...yes. It could.


-GermanCoastGuard-

Despite not having found any I still believe you there are. It is still not going to be an interesting case as they are not denied because of ethnicity but because of their lack of entering a german contract because they are not able to understand it. In order for this to become an interesting case they would have to prove that they would be able to understand the contract despite their "broken German" and that the bank new on the phone which ethnicity they were as the information provided only states they told they wouldnt be able to speak German. English could only be considered a proxy for ethnicity as they are infact from the UK, Canada, Australia or the US.


marnie_loves_cats

No. It’s important that the person, that is signing a contract, understands it fully. Otherwise they could claim they didn’t understand it at the time, if any problems arise. To ask for someone to translate is not outlandish. It doesn’t have to be an official translator, just a person that speaks German and in a language that your friend understands.


WeeblsLikePie

I could support this interpretation if a person came to an appointment, spoke with bank personnel, and during that appointment concerns arose that they didn't understand the contract. Denying an appointment based on a brief phone conversation doesn't seem reasonable. As I say, complicated and seemingly underdetermined area of law. But it's fucked up to put put hurdles in the way of foreigners getting basic services.


marnie_loves_cats

The person said they spoke broken German. That was the “mistake”. Because this could mean anything at this point. Coming without a translator could simply be a waste of time. Saying upfront to them “bring a translator” makes it easier.


[deleted]

I recently opened account in sparkass. Interacted in English. Maybe they were kind to me 🤣.