General terms and conditions

 

§ 1 Scope

  1. These general terms and conditions apply to the contractual relationship between the company which attends the IP career (hereafter „fair“) as an exhibitor (hereafter „exhibitor“) and presents the exhibitor to visitors of the fair and the Omega Consulting Group GmbH (hereafter „organizer“).
  2. The offer is strictly limited to exhibitors and excludes consumers in accordance with Section 13 German Civil Code (BGB). The general terms and conditions apply to all services provided by the organizer with regard to the fair. In submitting the registration form, the exhibitor acknowledges the binding acceptance of the general terms and conditions of the organizer. Opposing terms and conditions of the exhibitor shall not become an integral part of the contract, even if those terms and conditions have not been expressly objected.

 

§ 2 Registration and contract

  1. The correct registration for the fair is carried out by using the registration form provided for the respective fair (herafter „registration”). The signing of the registration form represents a legally binding and irrevocable offer for exhibitors in which the exhibitors agree to bind themselves and all the exhibitors´ employees involved in the fair by these general terms and conditions. Amendments, additions as well as cancellations are void and have no legal effect whatsoever for the exhibitors. Participation requires a correct registration and a written confirmation of registration from the organizer together with full payment of the registration fees. Exhibitors do not have any entitlement to participate in the fair.
  2. Exclusion of competing exhibitors cannot be requested.
  3. The organizer is not obliged to accept the registration and reserves the right to decline the registration without giving any reasons. In that case, participation fees that have already been paid shall be refunded.

 

§ 3 Registration fees and conditions of payment

  1. The stated registration fees (as well as cancellation fees) are net prices and exclude the statutory value added tax. Payment must be made to participate in the fair.
  2. Together with the confirmation of registration exhibitors shall receive an invoice stating the amount of the registration fees. Payment is due within 14 days of the exhibitors’ receipt of the invoice. The amount is payable without deduction to one of the bank accounts mentioned in the invoice.
  3. In case of payment default, a charge of 8 % above the ECB’s base rate (§ 247 BGB), however at least 9 %, shall be payable by the exhibitors from the due date.

 

§ 4 Withdrawal

  1. If exhibitors withdraw (hereafter „withdrawal“) from their application for the fair in writing (registered letter) by no later than 100 days before the day of the respective fair, exhibitors shall not be obliged to payment of the registration fees. Organizer shall refund the full registration fees which have already been paid.
  2. If the exhibitor withdraws after the 100th day before the event, the following cost scale applies:
    • Withdrawal between the 100th day and the 60th day before the event: Organiser retains 60 % of the exhibition fee.
    • Withdrawal between the 60th day and the 30th day before the event: Organiser retains 80 % of the exhibition fee.
    • From 4 weeks before the event, the full stand fees will be retained by the organiser.
  3. In the above mentioned cases, exhibitors may suggest a replacement exhibitor. However, the organizer reserves the right to reject a replacement exhibitor without stating any reasons.

 

§ 5 Cancellation

  1. The organizer may cancel the contract for good cause and with immediate effect. Good cause shall, in particular, exist
    • when exhibitors fail to fulfil or grossly violate their contractual obligations. In this case the organizer may exclude exhibitors from the fair with immediate effect combined with all consequences;
    • when the contract is unenforceable;
    • when exhibitors have become bankrupt or insolvency proceedings over the assets of exhibitors have in the meantime been commenced or the filing to start insolvency proceedings has been rejected due to insufficient assets;
    • when allotment of fair stands is based on incorrect information/qualifications provided by exhibitors;
  2. For the cancellation to be effective it has to be made in writing.
  3. In all of the above mentioned cases exhibitors‘ obligations regarding payment of the agreed registration fees shall remain valid.

 

§ 6 Force Majeure

  1. As a result of force majeure or other demonstrably important reasons the organizer may cancel, stop, shorten or postpone the event. In such cases, exhibitors shall not be entitled to make any claims for damages of whatever kind against the organizer.
  2. If the organizer will have to shorten or cancel an event that will already have started as a result of force majeure or administrative order, exhibitors are not entitled to a refund or waiver of the agreed registration fees. In this case exhibitors shall be obliged to fully pay the registration fees as well as all costs incurred by them.

 

§ 7 Photography and Filming

  1. The organizer reserves the right to take photos or to make recordings during the fair. If exhibitors do not consent to this, they shall inform the organizer in writing before the start of the fair.
  2. Exhibitors grant the organizer the right to use their logo and other trademarks for the entire duration of the fair as well as every advertising campaign organized by the organizer. They particularly grant the organizer the right to use logos and other trademarks on all communication media for the purpose of advertising the fair and its following events.
  3. Commercial photography and recording by exhibitors during the event require explicit written consent by the organizer.

 

§ 8 Organizer’s liability

  1. If not stated otherwise in the following, Exhibitors shall have no damage claims towards the Organizer.
  2. The Exhibitor´s attendance to the online Career Fair event is provided on a “networking and information gathering basis” and for this reason, Exhibitors waive their rights to any claim for damages or compensation of any nature resulting from an application process initiates during or after the Career Fair event.
  3. The Organizer shall assume liability within the scope of statutory regulations for damages of Exhibitors only, if these damages were caused intentionally, due to gross negligence or as a result of the breach of an essential contractual obligation by the Organizer. Essential contractual obligations are duties that need to be performed to achieve the objectives of the contract. The liability of the Organizer is limited to the amount and, if applicable, to the extent of a typically predictable damage, however, all substantial and identifiable circumstances must be taken into account.
  4. The Organizer shall not be liable for a certain advertising success.
  5. The Organizer shall not be liable for omissions, print and reproduction errors and design errors as well as errors occurring on any kind of communication carrier regardless of the nature of the communication carrier and the way it is distributed.
  6. In any case the Organizer’s liability is limited to a total amount of EUR 2.500,00.
  7. Exhibitors’ claims against the Organizer that have not been made in writing within 2 weeks from the end of the Career Fair event shall be excluded.
  8. The restrictions of the previous provisions shall also inure to the benefit of the legal representatives and auxiliary persons of the Organizer, if claims are asserted directly against them.

 

§ 9 Exhibitors‘ liability

  1. Exhibitors shall be liable for damages of any kind which are caused by them, their legal representatives or their auxiliary persons.
  2. Furthermore, Exhibitors shall be liable for ensuring that by their representation at the Career Fair no industrial property rights, copyrights and/or trademark rights or any rights of third parties are impaired. In case the Organizer is held liable for infringement of third-party rights, Exhibitors shall release the Organizer from all liabilities and claims resulting from this infringement.

 

§ 10 Data protection

Exhibitors explicitly consent to using and processing (personal) data submitted to the Organizer through Registration for the purpose of administration of the Career Fair. Furthermore, Exhibitors agree that this data shall also be stored and used for commercial, informational and advertising purposes by the Organizer as well as transferred to companies affiliated with the Organizer and Omega Consulting Group GmbH, Landaubogen 3a, 81373 Munich, Germany, for the same purposes. The use and processing of Exhibitors‘ personal data by the Organizer is performed in accordance with applicable regulations of data protection policy.

 

§ 11 Place of jurisdiction

The law of the Federal Republic of Germany shall exclusively apply to the contractual relations between the Organizer and the Exhibitors. The place of jurisdiction is Munich, without prejudice to the right of the Organizer to settle any claim at every other permitted place of jurisdiction.

 

§ 12 Amendments

Provisions which differ from these Terms shall not be valid unless in writing.

 

§ 13 Severability clause

A potential invalidity of one or more provisions of these Terms shall not affect the validity of the remaining provisions. The parties hereby agree that the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic interest in a lawful manner.