§ 1 Scope
1) These general terms and conditions (hereinafter referred to as the „Terms“) apply to the contractual relationship established in the context of attending the career fair (hereinafter referred to as „IP career“) organized by Dennemeyer & Co. GmbH (hereinafter referred to as „Organiser“) as an exhibitor (hereinafter referred to as „Exhibitor“).
2) The offer is strictly limited to Exhibitors and excludes consumers in accordance with Section 13 German Civil Code (BGB). The Terms apply to all services provided by Organiser with regard to the IP career. In submitting the registration form, Exhibitor acknowledges the binding acceptance of the Terms of the Organiser. Opposing terms and conditions of 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 registration to the IP career is carried out by using the online registration form, in which the style and size of the stand are defined (hereinafter referred to as “Registration”). Online submission of the registration form represents a legally binding and irrevocable offer in which the Exhibitors agree to bind themselves and all the Exhibitors´ employees to these Terms and the fees accepted in the Registration. Participation requires a correct Registration and a confirmation of Registration from the Organiser together with full payment of the Registration fees.
2) Exclusion of competing Exhibitors cannot be requested.
The Organiser is not obliged to accept the Registration and reserves the right to decline the Registration without providing any reasons. In that case, participation fees that have already been paid shall be refunded.
§ 3 Set-up and dismantling, Style of the fair stand
1) The Organiser reserves the right to change the fair stand’s style and size differing from the Exhibitors’ registrations as stated in the Registration form in consideration of local and material conditions of the event. Furthermore, the Organiser reserves the right to set requirements regarding the set-up and style of the fair stand, if an objectively justified reason exists.
2) Fair stands are assigned by the Organiser in agreement with the Exhibitors. The specific spot of the fair stand will be assigned in the confirmation of Registration. Exhibitors will receive a site plan and a stand number of their fair stands (hereinafter referred to as “Site Plan”) within reasonable time before the beginning of the IP career. Objections must be submitted in writing (including emails) to the Organiser within 5 days of receipt of Site Plan. Exhibitors agree to set up as well as dismantle the fair stands within the times stated in the Registration form. If Exhibitors do not comply with the stated set-up time, they shall lose admission to exhibit without substitution or compensation. Before the end of the IP career Exhibitors must not, fully or partly, dismantle the fair stand.
3) Exhibitors are obliged to bring their own decoration for the fair stands (except for furniture, such as tables and chairs). Stand elements must not exceed measures defined in the Registration form. Exceptions require explicit written permission by the Organiser.
4) Only flame resistant decoration materials are to be used for the set-up of the fair stands.
5) The Organiser has the right to bill Exhibitors in order to fulfil obligations according to § 3 2) – 4), if Exhibitors do not comply with those obligations. Exhibitors are liable for any incurring costs for the Organiser in this case. Claims for damages by Exhibitors shall be invalid in this case.
§ 4 Subletting to third parties
1) Fair stands are assigned by the Organiser by name and shall not be transferred or sold to third parties other than the Exhibitor.
2) Without previous written consent by the Organiser, Exhibitors shall not sublet, share or switch with other Exhibitors or companies or, fully or partly, transfer to other Exhibitors or companies the fair stands allocated to them by the Organiser.
§ 5 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 or the Registration fees if a mandatory requirement to participate in the IP career.
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.
§ 6 Withdrawal
1) If Exhibitors withdraw (hereinafter referred to as „Withdrawal“) from their application for the IP career in writing (registered letter) by no later than 8 weeks before the day of the respective IP career, Exhibitors shall not be obliged to payment of the Registration fees. Dennemeyer shall refund the full Registration fees which have already been paid. If notice of Withdrawal is received up to 4 weeks before the event, 75 % of the Registration fees shall be refunded. If notice of Withdrawal is received later than that or in default of appearance on the day of the event, the obligation to pay the full Registration fees remain.
2) In the above mentioned cases, Exhibitors may suggest a replacement Exhibitor. However, the Organiser reserves the right to reject a replacement Exhibitor without stating any reasons.
§ 7 Cancellation
1) The Organiser may cancel the contract for good cause and with immediate effect. Good cause shall, in particular, exist
a) when Exhibitors fail to fulfil or grossly violate their contractual obligations. In this case the Organiser may exclude Exhibitors from the IP career with immediate effect combined with all consequences;
b) when the contract is unenforceable;
c) 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;
d) 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.
§ 8 Force Majeure
1) As a result of force majeure or other demonstrably important reasons the Organiser 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 Organiser.
2) If the Organiser 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.
§ 9 Fair Insurance
No insurance is included in the Registration fees for any items brought into the stand and all other items brought by Exhibitors. The Organiser does not provide any insurance for Exhibitors for the above mentioned case. Exhibitors are obliged to take sole responsibility for ensuring insurance policies for items brought to the IP career and to comply with their legal duty to maintain safety. Exhibitors are advised to take out their own liability insurance. Exhibitors are solely responsible for supervision and surveillance of their fair stands.
§ 10 Photography and Videotaping
1) The Organiser reserves the right to take photographs or to make video recordings during the IP career. Exhibitors consent to the use of logos, brands, persons and items at a stand visible on these photographs and video recordings for commercial, advertising and editorial purposes. If Exhibitors do not consent to this, they shall inform the Organiser in writing before the start of the IP career.
2) Exhibitors grant the Organiser the right to use their logo and other trademarks for the entire duration of the IP career as well as every advertising campaign organised by the Organiser. They particularly grant the Organiser the right to use logos and other trademarks on all communication media for the purpose of advertising the IP career.
3) Commercial photography and videotaping by Exhibitors within the fair site require explicit written consent by the Organiser.
§ 11 Organiser’s liability
1) If not stated otherwise in the following, Exhibitors shall have no damage claims towards the Organiser.
2) The Organiser shall assume no liability for items and materials brought to the fair site by Exhibitors.
3) The Organiser 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 Organiser. Essential contractual obligations are duties that need to be performed to achieve the objectives of the contract. The liability of the Organiser 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 Organiser shall not be liable for a certain advertising success.
5) The Organiser 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 Organiser’s liability is limited to a total amount of EUR 2.500,00.
7) Exhibitors’ claims against the Organiser that have not been made in writing within 2 weeks from the end of the IP career 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 Organiser, if claims are asserted directly against them.
§ 12 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 IP career no industrial property rights, copyrights and/or trademark rights or any rights of third parties are impaired. In case the Organiser is held liable for infringement of third-party rights, Exhibitors shall release the Organiser from all liabilities and claims resulting from this infringement.
3) Exhibitors shall take over the venues the way they found them and shall also leave them in the same state.
§ 13 Data protection
Exhibitors explicitly consent to using and processing (personal) data submitted to the Organiser through Registration for the purpose of administration of the IP career. Furthermore, Exhibitors agree that this data shall also be stored and used for commercial, informational and advertising purposes by the Organiser as well as transferred to companies affiliated with the Organiser and Omega Consulting Group GmbH for the same purposes. The use and processing of Exhibitors‘ personal data by the Organiser is performed in accordance with applicable regulations of data protection policy.
§ 14 Place of jurisdiction
The law of the Federal Republic of Germany shall exclusively apply to the contractual relations between the Organiser and the Exhibitors. The place of jurisdiction is Munich, without prejudice to the right of the Organiser to settle any claim at every other permitted place of jurisdiction.
§ 15 Amendments
Provisions which differ from these Terms shall not be valid unless in writing.
§ 16 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.
§ 17 Miscellaneous
1) During the whole duration of the IP career Exhibitors must not distribute promotional items, advertisements and flyers outside of the fair stand reserved for them.
2) Exhibitors must not sell food or drinks on the fair site.
3) On the entire premises of the fair site it is prohibited to play music on any kind of sound carrier.