Special
Business Conditions of participation for the events of Projekt 20drei10 GmbH or
Projekt 20drei10 S.L. (Last update: January 2021)
1. Assembly planning
date:
two months before the start of the event.
2. Opening
hours/start and end of setup:
Please
check the special dates on the official website of each event.
Usually:
start of
setup: 24 hours before the start of the event, end of the setup: two hours
before the start of the event.
NOTE: The
booth material must only be stored on the surface area of the actual exhibition
booth, empty packaging must be removed immediately, and the aisles must be kept
clean and free of packaging.
Dismantling: six
hours after the official end of the show.
In some cases,
an extension of the construction or dismantling period shall be allowed at
extra charge. The organization team has to be consulted which decides about
possibilities. Extra efforts and expenses for the organizer shall be beared by
the causer.
Opening hours:
Please
check the special dates on the official website of each event.
3. Booth
setup:
If exhibitors
do not use a system booth or a pre-assembled booth, the booth area will be
equipped in a ready-to-use manner by the organizer if required. This means a
standard booth with white Octanorm-walls and a fireproof carpet. For this, the
organizer charges EUR 45,00/sqm per rented exhibition area.
Setting up and
presenting exhibits or any kind of advertising materials in the aisles and in
front of (emergency) exits shall be prohibited.
If, during
setup, deviations regarding the booth dimensions confirmed by the management of
the trade fair are detected, the trade fair management must be informed
immediately. The organizer of the trade fair shall reserve the displacement of
entrances, exits, emergency exits, and passageways on the basis of constraining
technical reasons, particularly due to reasons of safety.
4.
Participation charges:
Please
check the prices on the official website of each event.
For booths
with accessible first floor, an additional participation charge of 50% of the
basic charge shall be invoiced for the built-over area. The minimum size of a
booth is 12 sqm. The rectangular external surface area of the booth shall form
the basis for measuring and calculating the size. Projections, columns, fire
extinguishing facilities, and girders shall not be subtracted.
The assignment
of booth surface areas can only be implemented in full meters (front width and
depth). If any further walls, pillars or the like are required for the
construction of the walls, the exhibitor has to bear all expenses.
5. Promotional
fee, index of exhibitors, internet
For each main
exhibitor there will be one entry in the exhibition index on the official
websites of the event as well as one in the printed exhibitor brochure. Additionally
2 free Exhibitor IDs are included. For this an obligatory remuneration to the
amount of 195.00 EUR will be charged. This is obligatory and cannot be waived.
Co-exhibitors
or companies represented additionally and their exhibits must be registered by
the exhibitor. These shall be shown as exhibitors in the official exhibition
catalogue and as an entry on the internet. If you do not want to mention the
company represented additionally within the catalogue, please explicitly
mention this within the framework of the registration form.
The promotional
fee charged to the account of the main exhibitor shall amount to EUR 275.00 per
co-exhibitor/company represented additionally.
The organizers can and is allowed to exclude non-registered companies / brands.
The exhibitor has to deal with all additional costs arising herefrom. Claims
for damages are excluded.
Despite
processing all documents received within the prescribed time limit in a
diligent manner, we cannot guarantee complete and correct entries. Any claims
of compensation for damages regarding erroneous or incomplete or missing
entries and advertisements within the catalogue shall be excluded.
6. Booth
activities
Lottery
drawings, auctions, and vendues, irrespective of whether for ideal or commercial
purposes, and musical presentations on the booths of the exhibitors, as well as
propagandistic activities shall be prohibited as a matter of principle.
Certificates of exemption shall require the written consent of the trade fair
management.
Imposed obligations (e.g. maximal volume) concerning this agreement have to be
followed strictly. Contraventions can also lead to short-term deprivation of that
agreement. Claims of damages against the organizer are due to non-compliance of
obligations excluded.
The distance between projection screens and monitors for the presentation and
the aisles must be so large that interested parties must access the booth
surface area to contemplate these, in order to not to interfere with the
visitor traffic in the aisles.
7. Direct and
cash sales
Cash sales
(direct sales) to visitors are allowed except for food and beverages of any
kind. The legal requirements for this have to be observed. It is pointed out
that smoke offers may only be served to adults (over 18 years). The exhibitor
himself is alone responsible for the control and compliance by the laws. The
fair management assumes no liability and takes no responsibility.
8. Exhibitor’s
passes and setup and/or disassembly passes
Each exhibitor
shall be provided with two exhibitor’s passes at no charge. For each 10sqm
stand area - exceeding 12sqm - an additional exhibitor’s pass shall be provided
at no charge. The passes shall be collected by the exhibitor at the Info Point
during the construction day as soon as the booth rental has been paid
completely. Further required exhibitor IDs can be ordered in return for the
payment of the entry fee. Regarding the processes of setup and disassembly no
special passes are required.
9. Animals
Bringing along
animals to the exhibition shall be prohibited for reasons of hygiene and
security requirements.
10.
Value-added tax
Considerations
and remunerations mentioned within the framework of these Special Business
Conditions of participation shall also exclude the value-added tax to the
respective statutory amount, except where express provision is made to the
contrary by law.
11. Terms and
conditions of payment
The organizer
of the trade fair shall be entitled to hinge the approval on an appropriate
advance payment or surety, e.g. in form of a credit card guarantee or a down
payment. Any advance payments made shall be forfeited, if the exhibitor cancels
his participation or does not appear. It is irrelevant, if the organizer
resells the offered stand space to other interested parties. Advance payments
shall be considered security payments. 25% of the amount of the invoice, but at
least 1 500,00 EUR within 7 working days.
12. Protection
of trademarks
The exhibitor
guarantees that all logos, brand names or any other kind of trade mark labels,
sent to the organizer are in the ownership of the exhibitor or in his power of
disposition. There is no obligation of the organizer to examine this. If any
trademark violations occur in advance, during or after the trade show, the
exhibitor assumes full liability for this and exempts the organizer from any
liability. In particular, this guarantee is valid in case of an advertising
partnership. In any cases of trademark violations, the exhibitor shall be
liable to occur all expenses and damages caused to the organizer.
General
Business Conditions of participation for the events of Projekt 20drei10 GmbH or
Projekt 20drei10 S.L. (Last update: June 2019)
Principle
In the case of
contradiction, the following shall apply in the order listed for the participation
in Trade Fairs and Exhibitions of Projekt 20drei10 GmbH or S.L.
1. Individual
Contract Agreements with the Organizer,
2. Special
Business Conditions of Participation and
3. the
following General Business Conditions of participation.
A. Participant
1. A
Participant in the event can be an Exhibitor, a Co-exhibitor or an Additionally
Represented Company. They
are hereinafter referred to as the ‘Participant’.
2. An
Exhibitor is a party that registers for participation in an event with its own
stand, own personnel and own offer.
3. A
Co-exhibitor is a party that attends a stand of an Exhibitor with its own
personnel and own offer. This includes group companies and subsidiaries. Third
parties are also Co-exhibitors or Additionally Represented Companies if they
have a close business or organizational relationship with the Exhibitor. The
participation by a Co-exhibitor or an Additionally Represented Company must be
entered in the registration form by stating all information needed. If an
Exhibitor is a manufacturer, every other company that has its goods or services
offered by the Exhibitor is an Additionally Represented Company. If an
Exhibitor is a sales company that exhibits not only products of one
manufacturer but also additional goods or services of other companies, such
companies are Additionally Represented Companies.
4. Co-exhibitors
and Additionally Represented Companies must be registered by the Exhibitor.
Co-exhibitors and Additionally Represented Companies that are not registered
may not exhibit on the stand space of the Exhibitor. The Organizer is entitled
to refuse Admission of Co-exhibitors and Additionally Represented Companies if
it deems they give reason to make an Admission unacceptable. The Organizer is
entitled to make the Admission subject to a separate fee, even retroactively.
The Exhibitor is always jointly and severally liable with the Co-exhibitors and
Additionally Represented Companies for their compliance with their obligations.
5. Contract
partner of the Organizer is only the Exhibitor.
6. If
several Exhibitors want to jointly rent a stand space, they must authorise one
of them in the registration form to make and receive all
statements/declarations arising from or in connection with this contract on
their behalf. They are jointly and severally liable for all claims arising from
this contract.
7. If
an invoice is issued to a third party after its issuance at the request of the
issuer, the issuer nevertheless remains the debtor.
B. Registration, Contract Conclusion
1.
The
registration for the event must be sent, in writing, email or by fax, to the
Organizer by using the registration form. The registration form must be
completely filled out, legally bindingly signed and contain complete and
applicable information on the legal form and representative relationships of
the Participant(s). The registration is a contract offer of the Exhibitor and
does not create an entitlement to Admission. A registration can also be made
via an individually submitted offer. These special terms and conditions apply
accordingly.
2. The
Exhibitor is bound by the registration until eight weeks after the Assembly
planing date shown in the Special Business Conditions of Participation. Any
registrations arriving after the start of layout planning commit the Exhibitor
for eight weeks.
3. By
submitting the registration form, the Exhibitor/Participant accepts these
General Business Conditions of Participation and, if available, the “Special
Business Conditions of Participation” applicable for the event, the “House
Rules”, the “Technical Rules” and the provisions of the “Service Documents” .
The Participant is responsible for their compliance by the persons employed by
him at the Event and by the other Participants registered by him.
4. The
contract on the participation is concluded by means of the Admission, i.e. the
Organizer accepts the contract offer.
5. The
Exhibitor is obliged to comply with all relevant statutory and official
regulations, including such of labour or trade law nature and such concerning
environmental protection, fire protection and accident prevention regulations.
The Exhibitor shall continuously monitor their compliance by the persons he
employs at the Event, the other Participants he has registered and other
vicarious agents and intervene in the event of a violation and/or inform the
Organizer about the violations.
6. If
personal data is collected, it will be treated confidentially and in compliance
with the data protection law. Personal data is only collected and used to the
extent it is necessary for the contents or performance of the specific
contract. The owner can, at any time, demand to be informed about his stored
personal information. He can also demand the deletion of his stored personal
data if the contract has been completely performed and the retention is not required
by law.
C. Admission, Permitted Exhibits
1. The
Organizer shall inform the Exhibitor about the acceptance of his offer in
writing (email possible) by notification of Admission to the event and the
space assignment. Complaints by the Participant must be notified in writing to
the Organizer within one week after receipt. If the Admission differs from the
Exhibitor‘s registration, the contract is concluded in accordance with the
Admission unless the Exhibitor objects in writing within one week after receipt.
2. The
Organizer shall take a decision, if necessary in agreement with the respective
committees, regarding the admission of the Exhibitor and registered exhibits to
the event via a written confirmation of admission. A contract shall come about
with the admission of the Exhibitor .
3. The
Organizer may exclude individual Participants from taking part in the event for
factually justified reasons, especially if the amount of space available is
insufficient. The Organizer may also restrict the event to certain groups of
Participants if this is necessary to attain the purpose of the event. The
Organizer shall also be entitled to impose restrictions on the registered
exhibits and change the amount of registered space. Participants may only
exhibit, offer and take orders for, the exhibits stated in the Admission
confirmation and only at the location stated therein. Not permitted items can
be removed by the Organizer at the Participant’s cost, and in the case of
emergency without prior warning. Goods and services, for which a use,
possession or utilisation is not permitted in Germany must be legibly marked in
the German language.
4. Participants
must have full power of disposal of the registered exhibits and possess any
necessary official permissions and approvals. Descriptions and brochures
relating to the goods or services to be exhibited shall be submitted by the
Participant on request.
D. Space Assignment
1. The
Organizer shall personally assign space in accordance with the subject and
structure of the event and the actual amount of space available. Space
assignment wishes of the Participant are not binding and will only be
considered if possible. The order in which applications are received shall not
be the sole decisive factor in assigning space.
2. The
allocation of a form of stand (e.g. row instead of corner stand, head instead
of block stand) at variance with the registration does not entitle the
Participant to withdraw.
3. The
Organizer is entitled, even after Admission, to relocate the stand in the hall
within a reasonable and acceptable scope without such entitling the Participant
to rescind the contract or demand a reduction in the participation fee.
E.
Unauthorized Transfer of Stand Space
The assigned
stand space may not be exchanged with another Exhibitor. Partial or complete
transfer of the stand space or subletting of the stand space to third parties
shall also not be permitted without the approval of the Organizer.
F. Fees,
Payment Deadlines and Terms
1. The
participation fee can be inferred from the registration form and the Special
Business Conditions of Participation; the amount will be invoiced to the
Exhibitor by the Organizer. Complaints about the invoice can only be considered
if they are received by the Organizer in writing within 14 days after receipt
of the invoice.
2. The
Organizer is entitled to demand a reasonable payment in advance or security for
anticipated additional charges, e.g. for electricity consumption or other
services.
3. The
participation charges are payable without deduction immediately on receipt of
the bill.
4. The
Organizer is entitled to make the occupation of the stand space or issue of
Exhibitor ID cards dependent on the prior, timely and full payment of the
invoice.
5. All
invoice amounts shall be transferred in Euro without any bank charges or deductions
quoting the customer number and invoice number to the account shown on the
invoice.
6. If
the Participant culpably fails to comply with his payment obligations on time,
the Organizer shall reserve the right, after granting a reasonable period of
grace with consideration of the circumstances and the remaining time, to
terminate the contract with immediate effect for good cause.
7. Should
a Participant fail to comply with his payment obligations, the Organizer may
exercise his right of lien, retain the exhibits and the stand fittings, and
have them auctioned at the expense of the Participant, each time after prior
written notification, or to sell them privately if they have a stock exchange
price or a market price.
8. All
charges and fees stated in the Registration Form, these General Business
Conditions of Participation and the Special Business Conditions of
Participation are plus VAT at the statutory rate, if nothing different is
legally stipulated.
G.
Non-participation by the Participant
1. Cancellation
of the participation is possible until confirmation of the organizer. In
such a case, the Participant shall owe the Organizer a fee of EUR 499.00 for
the to-date services of the Organizer. The confirmation is valid with sending
the invoice or confirmation email.
2. A
non-participation by the Participant despite admission does not release the
Participant from his contractual obligations. The Participant shall be obliged,
in particular, to pay the contractually due fees in full. The Organizer shall
not be obliged to accept a replacement participant nominated by the
Participant.
3. In
the case of a non-participation, the Organizer shall be entitled to let the
stand space not used by the Participant to a third party or redesign the stand
layout at the cost of the Participant in order to ensure a gapless appearance
of the event.
4. The
Participant will also not be released from his obligation to pay the
participation fee if the assigned stand space is otherwise sold.
5. If
a Co-exhibitor and/or Additionally Represented Company does not participate,
the obligation to pay the fee for their Admission will remain.
H.
Cancellation through the Organizer, relocation and change in the duration of
the Event
1. The
Organizer shall be entitled to cancel the event for good cause, change its date
and location, change its duration or – if necessitated by space conditions,
police instructions or other compelling reasons – move the stand space assigned
to the Participant, change its dimensions and/or limit the stand space. Any
change in regard to the venue or its time or any other change shall become an
integral part of the contract when the Participant is notified accordingly. In
this case, the Participant shall be entitled to withdraw from the contract
within 14 days after receipt of the notice of change. Compensation claims
against the Organizer shall be excluded in this case, unless the change was due
to gross negligence or intent on the part of the Organizer or his agents.
2. In
cases of force majeure that partly or completely prevent the Organizer from
fulfilling his obligations, the Organizer shall be released from his
obligations to perform the contract until such force majeure ceases. The
Organizer shall immediately notify the Exhibitor of the force majeure case
unless he is also unable to do so due to a force majeure case. The
unavailability of sufficient supplies, such as electricity or heating etc., as
well as strikes and lockouts, are also cases of force majeure unless they are
of a short duration or caused by the Organizer. If the Event cannot take place
due to force majeure, the Organizer shall be entitled to charge the Participant
for his services rendered to date, and the amount shall be determined at the
reasonable discretion of the Organizer (Section 315 of the German Civil Code -
BGB), unless the Organizer is responsible for the cancellation of the Event.
3. The
Participant shall be informed if the Organizer is able to stage the evnet,
which was cancelled due to force majeure, at a later date. The Participant
shall be entitled to withdraw from the contract within 14 days after receipt of
this notification. Compensation claims against the Organizer shall be excluded
in this case, unless the change of date was due to gross negligence or intent
on the part of the Organizer or his agents.
4. If
the Organizer is forced to shorten the event already in progress on account of
the occurrence of force majeure or for other reasons for which he is not
responsible, the Exhibitor shall not be entitled to claim full or partial
reimbursement or waiver of the participation fee.
5. Force
majeure includes, but is not limited to: Terror warnings, bomb threats, terror,
sabotage, strikes or strike-like activities, war or war-like conditions,
pandemics or epidemics, natural disasters such as earthquakes or floods, laws
or legislative enactments (ordinances, measures, ... ) who prohibit an event,
restrict its basic features or recommend a cancellation.
I. Stand
construction, fittings and design
1. All
exhibition stands and other event areas shall be measured and marked by the Organizer.
In case of doubt, the Organizer shall have the right to make a final decision
(§ 315 of the German Civil Code).
2. The
Participant is obliged to construct a Trade Fair / Exhibition stand on the
rented stand space and to timely occupy his stand before the time/date
mentioned in the Special Business Conditions of Participation. If the stand is
not timely occupied, the Organizer shall be entitled to terminate the contract
with immediate effect for an important reason.
3. Exhibits,
stand equipment and/or other items, which were not shown on the application
form or whose appearance, smell, lack of cleanliness, noise or other
characteristics create an unreasonable nuisance or disturbance affecting the
smooth running of the event or which otherwise turn out to be unsuitable shall
be removed immediately at the request of the Organizer. If these items are not
removed at once, the Organizer may dispose of them at the Participant’s expense
and terminate the contract immediately for good cause.
4. The
Participant shall be responsible for the design and equipping of the stand.
However, all specific criteria of the event and all rules and regulations of
the Organizer, particularly the ‘Technical Rules’, the ‘Special Business
Conditions of Participation’ and the provisions of the ‘Service Document’ must
be complied with. The Organizer shall be entitled to request the Participant to
submit plans and stand descriptions that are true to dimensions. The name or
the company and the address or head office of the Participant shall be clearly
marked on a stand sign. The names of the companies commissioned to design and
build the exhibition stand shall be notified to the Organizer.
5. The
stand shall be properly equipped and occupied by knowledgeable personnel at the
fixed opening times throughout the duration of the Event stipulated in the
Special Business Conditions of Participation.
6. If
the design and/or equipment of a stand do not comply with the relevant
specifications, the Organizer may request that the stand be changed or removed
accordingly by the Participant. The costs in this case shall be borne by the
Participant. If the Participant fails to comply with this request straightaway,
the Organizer shall be entitled to change the stand at the Participant’s
expense or terminate the contract immediately for good cause.
7. The
Participant shall not be entitled to remove exhibits from the stand or start
dismantling the stand before the beginning of the stand dismantling times
stipulated in the Special Business Conditions of Participation. The stand
dismantling and the restoration of the original condition must be completed no
later than by the end of the dismantling time/date stated in the Special
Business Conditions of Participation.
8. Any
exhibits exceeding the fixed height limits for the stands shall require the
permission of the Organizer. This provision shall also apply to the
presentation of very heavy exhibits for which foundations or special equipment
are required.
9. The
Organizer has no responsibility for the items or goods left on the event site
by the Participant or for such that were sold to a third party during the event.
The Organizer shall be entitled to charge a reasonable storage fee for goods
which are not dismantled and taken away on time. The Organizer shall also be
entitled to remove and store goods immediately at the Participant’s expense and
risk.
J. Advertising, Stand Activities
1. Advertisement
areas and activities must be requested separately with the “Advertising Form”
in the Service Documents and require a written approval of the Organizer.
2. The
Participant shall only be entitled to use any kind of advertising on his stand
for his own company and solely for the goods which he produces or sells,
provided they have been registered and admitted to the event.
3. Loudspeaker
advertising, other acoustic measures and slide, film, video or computer
presentations and other noisy measures shall require the written approval of
the Organizer. This provision shall also apply to the use of audio or visual
equipment for the purpose of attaining a better advertising impact. This also
applies if the presentation of exhibits produces noise or other emissions or is
annoying.
4. The
Organizer is entitled to prevent, remove or have removed unauthorised measures
of the aforementioned type at the cost of the Participant without recourse to
the help of a court or the police. Licences that have already been issued may
be subjected to restrictions or revoked in the interest of maintaining an
orderly event if no other remedial measures are possible.
5. If
the Participant plays back mechanically reproduced music, he shall be obliged
to obtain the necessary public performance licence and pay the fees in this
respect.
6. The
carrying or driving around of advertising aids on the Event site and the
distribution of printed material or samples off the stand are only allowed with
the express and written permission of the Organizer.
7. The
Participant shall be strictly forbidden to approach and interview visitors
outside the stand. In the event of an infringement of this provision, the
Organizer shall be entitled to terminate the contract immediately for good
cause.
8. Political
advertising and/or political statements shall not be permitted, unless the
political statement forms part of the Fair. In the case of political statements
or political advertising which are capable of disturbing the smooth running of
the Fair or public order, the Organizer shall be entitled but not obliged to
request the Participant to stop showing the offending items and to remove them
from his stand. If the Exhibitor fails to comply with this request, the
Organizer shall be entitled to terminate the contract immediately for good
cause.
K. Direct and
Cash Sales
Direct and
cash sales shall not be permitted, unless it is expressly permitted in the
event-related “Special Business Conditions of Participation”. If direct selling
is permitted according to the “Special Business Conditions of Participation”,
the items for sale shall be marked with clearly legible price tags according to
the Price Quotation Ordinance.
L. Exhibitor
ID Cards
After paying
the invoice amounts in full, every Exhibitor shall receive for his stand
Exhibitor ID cards entitling him to free admission to the Event. The number of
Exhibitor ID cards shall not be increased through the inclusion of other
Participants. Additional Exhibitor ID cards can be requested, at a charge, from
the Organizer. The Exhibitor ID cards are intended for the stand personnel
only, must be filled out in accordance with the instructions on the ID card and
may not be given to a third party.
M. Security, cleaning, waste disposal
1. Stand
security and supervision during the daily opening hours of the event shall
normally be the responsibility of the Participant, also during the stand
construction and dismantling periods. The Organizer shall only be responsible
for general supervision of the halls and the trade fairgrounds outside the
opening hours of the event. No services shall be provided in connection with
custody, safekeeping or protection of interests of the Participants. Valuable,
easy-to-remove items belonging to the Participant shall be placed under lock
and key at night-time.
2. The
Organizer shall pay the costs for general cleaning of the trade fairgrounds and
the exhibition hall aisles. The Participant shall be responsible for cleaning
his stand/stand area. Cleaning of the stand shall be completed each day before
the event starts. The Participant can also hire the cleaning company employed
by the Organizer for the cleaning of his stand.
3. In
the interest of environmental protection and environmentally-friendly trade
fairs, the Participant shall be obliged in principle to reduce the amount of
packaging and waste; this obligation shall also include the use of brochures.
The waste disposal solely through the Organizer necessary for compliance with
the statutory regulations must be requested with the ‘Waste Disposal Form’ in
the Service Documents. If separate waste disposal systems are used, the
Participant shall utilize them and also pay his share of any waste disposal
costs according to the “polluter principle”.
4. If
the Participant leaves waste or other items behind after vacation of the stand
space, the Organizer shall be entitled to dispose of such at the Participant’s
cost, and after the end of the dismantling period also without prior warning.
N. Photography
and other visual recordings
1. All
types of commercial visual recordings, especially photography and film/video
recordings, on the trade fairgrounds may only be carried out by persons who
have been authorized to do so by the Organizer and are in possession of a valid
pass issued by the Organizer. Stand photographs, which are to be taken outside
the daily opening hours and require special lighting, shall be subject to the
approval of the Organizer. Any resulting costs shall be borne by the
Participant, unless they are paid by the photographer.
2. The
Organizer – and with consent of the Organizer – the press, radio and TV
stations, are entitled to have photographs, drawings and sound, film, video and
other pictures of the event happening, of the exhibition constructions and
stands and the exhibits taken or be made and to use such free of charge for
advertising or press releases.
O. Laws,
Regulations and Industrial Property Rights
1. The
Participant is solely responsible for the compliance with all statutory and
official regulations and the obtainment of all permissions and approvals
required pursuant to trade and health or other laws/regulations. The same
applies for the compliance with, and protection of, copyrights or other industrial
property rights in respect of the exhibits and services of third parties. The
so-called ‘exhibition protection’, i.e. a 6-month protection starting from the
beginning of an Event as a result of the German Act on the Protection of
Designs and Exhibits dated 18 March 1904 (Reich Gazette p. 141) and the German
Trademark Law Reform Act dated 25 October 1994 (Federal Gazette p. 3082) only
applies if the Federal Minister of Justice published such a notification for
the specific Event in the Federal Gazette.
2. In
the event of a proven breach of industrial property rights by the Participant,
the Organizer shall be entitled to terminate the contract with immediate effect
for an important reason.
P. House Authority, Smoking Ban
1. The
Participant shall comply with the Organizer’s house authority throughout the
trade fairgrounds during the event. The Participant shall follow the
instructions of the Organizer’s employees, who shall identify themselves by
means of an official pass.
2. The
length of stay on the trade fairgrounds for Participants and their employees or
authorized representatives shall be limited to one hour before and after the
daily opening hours of the event.
3. Stands
of other Participants may not be visited outside the daily opening times
without the permission of the stand owner.
4. The
Organizer reserves the right to enforce a general ban on smoking in all rooms
accessible to members of the public and the Participants if this is ordered by
legal or official regulations, or if the Organizer views such a regulation to
be appropriate according to due discretion.
Q. Violations
of Duty by the Participant, Right to terminate the Contract, Contractual
Penalty
1. Should
the Exhibitor contravene the General Business Conditions of Participation, the
Special Business Conditions of Participation or the Technical Guidelines, the
Organizer is entitled, after prior warning, to impose a contract penalty of EUR
500.00 for each case of contravention. In cases of repetition, to impose a
penalty of EUR 1000.00 where the Exhibitor is a merchant. The right of the
Organizer according to these conditions to eliminate the contraventions in
another manner at the expense of the Exhibitor or to close the stand remains
not with standing intact.
2. The
Organizer has the right to withdraw the use of supply points and conduction
from the electricity network from any Exhibitor who is arrears with due
payments and/or infringed against the General and Special Business Conditions
of Participation particulary Advertising and Stand Activities.
3. Culpable
breaches of the duties and obligations of the Participant arising out of the
contract or culpable breaches of the ‘House Rules’ entitle the Organizer to
immediately terminate the contract with immediate effect for an important
reason if such breaches do not immediately cease after request.
4. If
the contract is terminated for good cause, the Organizer shall been titled to
close down the Participant’s stand immediately and request the Participant to
dismantle the stand straight away and vacate the stand space.
5. If
the Participant does not dismantle the stand or clear the stand area on time,
the Organizer shall be entitled to either personally dismantle the stand and/or
clear the stand area or have this work carried out by third parties at the
expense of the Participant.
6. The
Participant shall be obliged to pay the due participation fee for the rest of
the event if the stand area cannot be hired or can only be hired for a
consideration through exchange with the stand area of another Participant.
7. The
flat-rate fee for the redesign in such a case is 25% of the net participation
fee, but at least EUR 400.00.
8. The
Organizer shall be entitled to request the Participant to pay in every
individual case a maximum contractual penalty of EUR 10,000, which is to be
fixed by the Organizer according to his fair judgement and judicial revisable
in the event of dispute, if the Participant culpably violates his obligations
from: the exhibition of unpermitted items, unauthorized transfer of stand
space, the stand construction, non-removal of annoying objects, the missing
equipping or manning of the stand, the stand design / equipping, the premature
stand dismantling and/or timely vacation, the unauthorized
approaching/interviewing of visitors, the ban on political advertising, breaches
of the cleaning obligations, the infringements of industrial property rights.
If the Organizer is also entitled to compensation on account of the culpable
infringement of obligations by the Participant, the contractual penalty shall
be offset against the compensation claim.
R. Liability and insurance
1. In
the case of gross negligence, the Organizer shall only be liable for the
actions of his legal representatives and managers, except in the case of
material contractual obligations (cardinal obligations) or in the event of loss
of life, physical injury or damage to health.
2. In
the case of slight negligence, the Organizer shall only be liable for the
violation of material contractual obligations or in the event of loss of life,
physical injury or damage to health.
3. The
Organizer shall only be liable, irrespective of the legal reason, for
foreseeable damage which can typically be expected to arise.
4. In
the case of slight negligence and except for cases of bodily injury, damage to
health and death, the liability of the Organizer is limited to EUR 5,000.00.
5. The
Organizer’s liability without fault for already existing defects in accordance
with § 536 a (1) of the German Civil Code (e.g. stand equipping) and for any
subsequent losses of the Participant shall be expressly excluded.
6. For
property damage, the Organizer shall only pay compensation at the current
value, provided that written proof of the purchase cost is submitted.
7. If
damage occurs during the event, such must be immediately reported to the
Organizer and if caused by a third party and/ or deliberately also to the
police.
8. A
compensation for damage is excluded if a late damage reporting for which the
Participant is responsible results in compensation payment being refused by the
Organizer’s insurance company or a third party liable for compensation payment.
9. The
Participant shall be liable to the Organizer for the damage caused by the
Participant himself, his employees, authorized representatives or exhibits and
stand fittings.
10. If
the Participant is an Event Organizer as defined by the German Ordinance on
Places of Public Assembly as amended (Versammlungsstättenverordnung) he has the
responsibility resulting from such. In this case, the Participant is obliged to
indemnify the Organizer and his vicarious agents, regardless of their duties
pursuant to Section R..1 against all claims of recourse and fines due to their
liability as operator.
11. The
Organizer has not taken out any insurance cover for the Participant. The
Organizer expressly points out the Participant’s own insurance possibilities.
S.
Consolidation into a Lump Sum, Saving Clause, Statutory Limitation, Right of
Retention
1. In
all cases of lump-sum damages and fees, the right of the Organizer to prove a
higher loss or cost to the Participant remains unaffected. The Participant is
entitled to prove that no loss or cost was incurred or that a loss or cost much
lower than the lump sum was incurred.
2. If
one of the clauses of the General and Special Business Conditions of
Participation is or becomes invalid or unenforceable, the validity of the
contract and/or the other clauses of the Conditions shall not be affected. In
such a case, the Organizer and the Participant undertake to agree on a valid
and enforceable clause that is deemed applicable from the start and comes as
close as possible to the purpose of the clause to be replaced. This
analogously applies for the filling of any gaps.
3. The
limitation period for claims against the Organizer shall be one year, unless
they are due to gross negligence or intenton the part of the Organizer or the
claims are subject to a statutory limitation period of more than three years.
The period of limitation begins with the last day of the event.
4. The
Participant can only offset counter-claims that have become res judicata, are
undisputed or acknowledged by the Organizer against the Organizer’s claims.
This provision shall also apply to rights of retention if the Participant is a
registered trader, a legal person under public law or a special public asset.
If the Participant does not belong to this group of persons, he shall be
entitled to exercise a right of retention in so far as his counterclaim is
based on the same contractual relationship.
T. Written
Form, Place of Performance, Place of Jurisdiction, Applicable Law
1.
All
claims on the part of the Exhibitor against the Organizer are to be submitted
in writing. Agreements subject to alteration or addition, with respect to
either supplementary conditions or changes to existing written clauses only
take effect if submitted in writing.
2. The
entire legal relationship between the Organizer, his employees and vicarious
agents on one side and the Participant, his employees and vicarious agents on
the other side is subject to the laws of the Federal Republic of Germany. The
German texts of the contract conditions are solely decisive and legally
binding.
3. For
both contracting parties, the place of performance and place of jurisdiction
(also for legal proceedings for dishonoured cheques or bills) shall be the
domicile of the Organizer, provided the Participant is a registered trader, a
legal person under public law or a special public asset, or if there is no
general place of jurisdiction in Germany. However, the Organizer shall reserve
the right to take legal action at the general place of jurisdiction of the
Participant.
