## II.23.8. Image rights and sound recordings 

If natural persons appear in a result or their voice or any other private element is recorded in a recognisable manner, the contractor must obtain a statement by these persons (or, in case of minors, by the persons exercising parental authority) giving their permission for the described use of their image, voice or private element and, on request, submit a copy of the permission to the contracting authority. The contractor must take the necessary measures to obtain such consent in accordance with the applicable law. 

## II.23.9. Copyright notice for pre-existing rights 

When the contractor retains pre-existing rights on parts of the results, reference must be inserted to that effect when the result is used as set out in Article II.23.2 with the following disclaimer: ‘© — year — EMSA. All rights reserved. Certain parts are licensed under conditions to EMSA’, or with any other equivalent disclaimer as the contracting authority may consider appropriate, or as the parties may agree on a case-by- case basis. This does not apply where inserting such reference would be impossible, notably for practical reasons. 

## II.23.10. Visibility of the contracting authority’s funding and disclaimer 

When making use of the results, the contractor must declare that they have been produced under a contract with the contracting authority and that the opinions expressed are those of the contractor only and do not represent the contracting authority’s official position. The contracting authority may waive this obligation in writing or provide the text of the disclaimer. 

## II.23.11. Trade secrets 

Under observance of the limitations, if any, provided by the applicable law, the contracting authority shall have the right to disclose trade secrets which are incorporated in the results and/or pre-existing material to a third party who is modifying the results and/or pre-existing material in the name of the contracting authority provided that the trade secrets are used solely in connection with the modification of the results and/or the pre-existing material on behalf of the contracting authority. The contracting authority shall ensure that the third party is bound by the confidentiality obligations contained in the FWC or by essentially corresponding confidentiality terms. 

## II.24. REIMBURSEMENTS 

II.24.1 If provided for in the special conditions or in the tender specifications, the contracting authority must reimburse expenses directly connected with the delivery of supplies or provision of the services either when the contractor provides it with supporting documents or on the basis of flat rates. 

II.24.2 The contracting authority reimburses travel and subsistence expenses on the basis of the shortest itinerary and the minimum number of nights necessary for overnight stay at the destination. 

II.24.3 The contracting authority reimburses travel expenses as follows: 

(a) The shortest and most economical normal route by rail (first class) between the seat of the contractor and the place where the task is to be executed. 

(b) If the journey includes at least six hours of night travel between 22:00 and 7:00, the cost of accommodation in a double sleeper. 

(c) Seat reservations and transport of necessary luggage, and supplements for high-speed trains. 

(d) Expenses arising for journeys by sea are reimbursed on presentation of the supporting documents. The cost of transporting a car by sea is not reimbursed. 

