General Terms and Conditions of
Messe & Marketing GmbH, 25840 Friedrichstadt, Witzworter Str. 5–9
1. Contractual basis and supplementary provisions
1.1 These conditions of participation apply to all events, trade fairs / exhibitions (hereinafter: trade fairs / exhibitions) including the surrounding open spaces or parking spaces of the organiser Messe & Marketing GmbH.
1.2 The organiser is Messe & Marketing GmbH, Witzworter Str. 5–9, D-25840 Friedrichstadt, Tel.: 04881 93 01 40, E-Mail: firstname.lastname@example.org.
1.3 These general conditions of participation apply in addition to the exhibition conditions (page 3 of the registration for the trade fair) and the house rules. Regulations in the exhibition conditions take precedence over these general conditions of participation.
2.1 Admission to participation in an event as an exhibitor requires a legally valid and timely registration. This can be done analogously by sending the fully completed and signed registration form valid for the event or digitally (online) at www.nordpferd.de or www.horsica.com by sending the registration form electronically. The online registration is also valid without a signature by sending it from the online portal.
2.2 Sending the registration form or the online registration does not justify any entitlement to admission or to a specific size and location of the area. Registrations submitted with conditions or reservations will not be considered. A competition exclusion request is generally not granted. The return of the completed and signed registration form to Messe & Marketing GmbH or the online registration is a contractual offer by the exhibitor that needs the acceptance of Messe & Marketing GmbH. Registration is binding from receipt by Messe & Marketing GmbH until notification of admission or non-admission, irrespective of Section 8.1.
2.3 By registering, the exhibitor accepts all of the contractual terms and conditions mentioned in Section 1.3 as well as the exhibition terms and conditions and the house rules. He must also inform and instruct the persons employed by him at the event, the co-exhibitors registered by him or additionally represented companies and his other vicarious agents.
2.4 If companies exhibit through their general agencies or national agencies, the sending of the registration simultaneously declares that the registering general agency or national agency is entitled to rent a stand on behalf of this company and to advertise its products or services.
2.5 The personal data of the exhibitor will be processed by Messe & Marketing GmbH (if necessary with the help of service providers) for the purpose of processing the contract. Messe & Marketing GmbH also uses the data for customer care purposes, in particular to provide the exhibitor, by email or letter, with event-specific information on the events he has attended. This is done in strict compliance with the current data protection laws.
The exhibitor has the right to of disclosure, amendment, deletion or blocking toward his personal data. If he wishes the personal data stored by Messe & Marketing GmbH to be deleted, this request will be complied with immediately, provided that deletion does not conflict with documentation or retention obligations. He can object to the use of his data at any time for the purposes specified above or revoke any consent given.
Further information on data protection is available at https://nordpferd.de/impressum-datenschutz/ or https://horsica.com/kontakt/impressum/.
3. Admission, placement
3.1 Manufacturers and companies whose products and services to be exhibited correspond to the product groups of the trade fair / exhibition can be admitted as exhibitors, as can specialist publishers with an appropriate topic. Other companies can be permitted to participate by Messe & Marketing GmbH, provided that their exhibits represent an essential addition to the offer. The confirmation of the rented stand space by Messe & Marketing GmbH is also the admission.
3.2 The exhibitor undertakes to provide Messe & Marketing GmbH with all necessary information about his company and the products to be exhibited. The exhibitor assures that the exhibits he/she has registered are subject to his/her unrestricted power of disposal and that he/she has any necessary official approvals or permits for operation or sales.
3.3 Upon admission, the contract between Messe & Marketing GmbH and the exhibitor is concluded. Messe & Marketing GmbH decides on admission at its due discretion, taking into account the purpose of the event and the available capacity. In addition, there is no legal entitlement to admission. In particular, there is no entitlement to admission if Messe & Marketing GmbH has outstanding claims against the exhibitor. Messe & Marketing GmbH is entitled to withdraw from the contract and to demand compensation if the admission was granted on the basis of incorrect conditions or information or the requirements for admission do not apply later or if the exhibitor is in default of payment at the time of the declaration of withdrawal.
3.4 Messe & Marketing GmbH is entitled to restrict the registered exhibits and to change the registered area. The admission applies only to the registered exhibits, the exhibitors specified in the admission and the area specified therein. Objects other than those registered and permitted may not be exhibited.
3.5 If the exhibitor has applied for a specific area in the registration and it can be allocated to him, he will receive the respective admission in good time before the start of the trade fair / exhibition.
3.6 If the desired area cannot be allocated or the exhibitor has not requested a specific area, Messe & Marketing GmbH will submit a placement proposal to the exhibitor. The exhibitor has the opportunity to object to this placement proposal at least in text form (e.g. letter, fax, e-mail) within the period specified there. If he does not contradict the placement proposal, the silence counts as approval of the placement proposal. The exhibitor will then receive a written admission based on the placement proposal. When sending the placement proposal, Messe & Marketing GmbH will specifically inform the exhibitor of the importance of remaining silent as confirmation of the placement proposal.
3.7 The placement is carried out by Messe & Marketing GmbH, taking into account the topic and structure of the respective event as well as the available space. Requests for space expressed in the registration will be taken into account whenever possible. If there is a valid reason, Messe & Marketing GmbH is entitled to change the size, shape and location of the allocated area, provided this is not unreasonable for the exhibitor. Messe & Marketing GmbH will notify the exhibitor immediately of the need for such a measure, allocating him an equivalent other area if possible. Claims for damages are excluded on both sides. The exhibitor must accept that, at the beginning of the trade fair or exhibition, the location of the other areas has changed compared to the time of admission, and cannot derive any claims from this.
4. Unauthorised use of the space, co-exhibitors / sub-exhibitors
4.1 An exchange of the allocated area with another exhibitor as well as a partial or complete transfer or subletting of the area to third parties is not permitted without the consent of Messe & Marketing GmbH. Upon a violation, Messe & Marketing GmbH is entitled to terminate the contractual relationship for an important reason with immediate effect. If several exhibitors rent a stand space together, each of them is a joint and several debtor.
4.2 The exhibitor can accept co-exhibitors and / or additionally represented companies with the prior consent of Messe & Marketing GmbH. Co-exhibitors are all companies that, apart from the applicant, have their own staff on the area. They are also considered co-exhibitors if they have close economic or organisational ties to the applicant. Additionally represented companies are all companies that, apart from the applicant, are represented with their own products but without their own staff. All companies must be named by the exhibitor when registering. Companies not named in the registration may not exhibit on the exhibitor’s stand area.
4.3 A participation fee is charged for each participating co-exhibitor, which is invoiced with the participation fee plus the legally applicable sales tax. 4.4 Co-exhibitors will be included in the trade fair media provided by Messe & Marketing GmbH for a fee and can advertise in the list of goods.
4.5 In all cases, the admitted main exhibitor is liable for compliance with the exhibitor’s obligations by the co-exhibitor(s) and the additionally represented company.
5. Fees / Down payments
5.1 The participation fee is calculated from the net prices per m² shown in the registration form, multiplied by the number of square metres of the floor space of the area (without deductions for any pillars or other existing facilities).
5.2 The minimum size of an area results from the exhibition conditions. Every commenced square metre of the floor space is charged in full; the stand area is calculated as a right-angled addition without taking into account the stand shape.
5.3 In addition to the fees listed above, a down payment can be charged for expected additional costs (e.g. technical service, advertising material).
5.4 The fees (rent, ancillary stand costs) as well as down payments and media contribution are net prices, in addition to which the sales tax is calculated in the amount legally stipulated for page 3 at the time of the trade fair / exhibition.
6. Payment terms and conditions
6.1 Unless otherwise regulated, the fees / down payments are due immediately after receipt of the invoice (also in electronic form). The payment deadlines are to be observed. Complaints about the invoice will only be considered if made in writing within 14 days after receipt of the invoice. The prior and full payment of the participation fee is a prerequisite for using the trade fair and exhibition space, and for entries in the trade fair media provided by Messe & Marketing GmbH and for the issuing of exhibitor passes. Any deviation from this rule does not indicate a deferral. Subsequent bills for any ancillary costs or services incurred on site (e.g. technical service, advertising material) will be sent to the applicant or exhibitor after the trade fair / exhibition has ended, taking into account the payments made in advance. It is to be paid by him immediately upon receipt.
6.2 All invoice amounts are to be transferred free of charge and in euros to one of the accounts specified on the invoice without any deduction, stating the customer and invoice number. If the exhibitor defaults on payment, Messe & Marketing GmbH is entitled to charge interest at a rate of nine percentage points above the respective base rate. The right to assert statutory maturity interest (§ 353 Commercial Code), further damage caused by default, and other rights from these conditions of participation are reserved. In the event of payment default, any special price and discount agreements lose their validity and the regular prices become due immediately.
6.3 If the exhibitor does not meet his payment obligations on time, Messe & Marketing GmbH reserves the right to terminate the contractual relationship with immediate effect for good cause, according to clause 20, after setting a reasonable deadline, taking into account the circumstances and the remaining time.
6.4 If an exhibitor does not meet its payment obligations, Messe & Marketing GmbH can exercise its landlord’s lien, retain the exhibits and the superstructures and surface facilities and have them publicly auctioned at the expense of the exhibitor, in each case after prior announcement, or, provided they have a stock exchange or market value to sell them over the counter.
6.5 Messe & Marketing GmbH reserves the right to pass on its exhibitor claims—after an unsuccessful dunning process—to its debt collection service provider for collection. Debt collection by the debt collection service provider takes place electronically.
7. Stand design, construction and dismantling
7.1 All stand areas and other trade fair / exhibition areas are measured and marked by Messe & Marketing GmbH or their vicarious agents or authorised persons. In case of doubt, Messe & Marketing GmbH has the right of decision (§ 315 German Civil Code).
7.2 The exhibitor is obliged to set up a trade fair or exhibition stand (stand) on the area permitted for him. The stand must be visibly occupied in good time, at the latest by 6pm on the day before the opening of the trade fair / exhibition. If the exhibitor does not move into the stand on time, Messe & Marketing GmbH can terminate the contractual relationship with immediate effect for an important reason and immediately occupy the stand elsewhere or use the area differently at its discretion.
7.3 The stand must be properly equipped and manned by qualified personnel for the entire duration of the trade fair / exhibition specified in the exhibition conditions.
7.4 Exhibition stands, stand partition walls and stand structures can be ordered through Messe & Marketing GmbH. The design and equipment of the stand is fundamentally left to each exhibitor; however, the typical exhibition criteria of the trade fair / exhibition and all provisions of Messe & Marketing GmbH as well as the house rules must be taken into account in the design and equipment.
The name or company and the address or registered office of the exhibitor must be clearly visible on the stand. Messe & Marketing GmbH must be informed of the companies commissioned with the design or construction.
7.5 Two-storey exhibition and trade fair stands or stand structures with a particular height of over 2.50m are only permitted after consultation and approval from Messe & Marketing GmbH, otherwise generally not permitted.
If a stand does not meet the relevant requirements in terms of its design and / or equipment, Messe & Marketing GmbH can request that the stand be changed or removed accordingly by the exhibitor. The costs for this will be borne by the exhibitor. If this request is not met immediately, Messe & Marketing GmbH is entitled to effect a change at the exhibitor’s expense or to terminate the contractual relationship with immediate effect for good cause.
7.6 During all construction work, existing supply lines, distribution boxes, etc. must be taken into account. Insofar as these are located within individual stand areas, they must be accessible at all times. Construction elements, stand signs and flags must be positioned in such a way that they do not cause any unreasonable impairment of the neighbours. Misleading company signs must be removed on request.
7.7 The construction must be completed by the end of the construction times stated in the exhibition conditions at the latest.
7.8 Exhibition items, stand equipment and / or other items that were not mentioned in the registration or that have an unreasonably disruptive or annoying effect on the smooth running of the trade fair / exhibition due to their appearance, smell, poor cleanliness, noises or other properties otherwise prove to be unsuitable must be removed immediately upon request by Messe & Marketing GmbH and its assistants / stewards. If the exhibitor does not comply with the request immediately, Messe & Marketing GmbH can remedy the situation at the exhibitor’s expense and terminate the contractual relationship for an important reason with immediate effect. 7.9 The storage, demonstration and distribution of items that are classified as dangerous or that can generally endanger people and other objects requires the prior approval of the organiser. It is to be requested together with the registration. 7.10 Before the start of the stated dismantling times, the exhibitor is neither entitled to remove exhibits from the stand area, nor to start dismantling the stand. In case of violation of this rule, the organiser is entitled to demand a contractual penalty of up to 1,200 euros per day.
7.11 The exhibitor is solely responsible for clearing the stand area on time. After the dismantling period stated in the exhibition conditions, all obligations assumed by Messe & Marketing GmbH end. The organiser is not liable for goods that are still in the fair / exhibition area—including those that were sold to a third party during the fair / exhibition.
Messe & Marketing GmbH is entitled to charge a reasonable storage fee for goods that are not dismantled and removed on schedule; it is also entitled to have the removal and storage of goods carried out or disposed of immediately by a suitable company at the expense and risk of the exhibitor.
8. Cancellation, withdrawal and non-participation
8.1 Registration can be cancelled until admission (contract conclusion). Messe & Marketing GmbH is entitled to charge the exhibitor a fee (processing fee) for the cancellation. The amount to be paid, if applicable, can be found in the registration documents and the exhibition conditions.
8.2 After approval has been granted, withdrawal by the exhibitor is excluded. The exhibitor’s non-participation does not principally release him from his contractual obligations. In particular, he remains obliged to pay the contractually owed fees. Messe & Marketing GmbH is not obliged to accept a replacement exhibitor provided by the exhibitor. This does not affect the right to terminate for an important reason.
8.3 In the event of non-participation, the participation fee is due immediately if the due date was not justified in accordance with Section 6.1. In the event of non-participation, Messe & Marketing GmbH can use the stand space for other purposes or assign it to others without this giving rise to a credit claim for the exhibitor who did not show up.
8.4 In order to ensure a coherent appearance of the trade fair / exhibition, Messe & Marketing GmbH is entitled, if the exhibitor does not take part, to reassign the stand space not used by the exhibitor. In the event that the organiser’s efforts to allocate the stand space other than by swapping it with the stand space of another exhibitor for a fee and without a discount, the exhibitor only has to pay an administrative fee of 25% of the participation fee, but at least 400 euros, plus the legally applicable sales tax.
If there is no interested party who would like to book the stand space, Messe & Marketing GmbH is entitled to design the stand space at the exhibitor’s expense. If it is only possible to allocate the stand space as a remaining stand at a reduced price, the exhibitor who wishes to return the stand space is liable for the difference.
8.5 If a co-exhibitor does not take part, the obligation to pay the registration fee (see Section 4.3) remains in full.
8.6 If the exhibitor wishes to change the size of the space allocated to him and / or his co-exhibitors after approval has been granted, this requires the consent of Messe & Marketing GmbH, which it is not obliged to grant. The reduction in size does not lead to a reduction in the stand rent. Messe & Marketing GmbH reserves the right to charge an additional and appropriate administration fee if the area is reduced, but at least €200 plus VAT.
9. Security and Service
9.1 The escape and rescue routes as well as the fire extinguishing equipment must always be kept free and fully accessible.
9.2 The exhibitor must comply with the relevant noise protection regulations. In the event of a violation of the noise protection regulations, the organiser reserves the right to interrupt the event. The exhibitor is responsible for any claims for damages.
9.3 It is the exhibitor’s duty to maintain safety of circulation with regard to the areas provided during the term of the contract.
9.4 For reasons of safety and coordination, the use of pallet trucks, wheel loaders, power-operated forklifts with driver’s seat and similar indoor vehicles for loading and unloading as well as for assembly and dismantling is only permitted to the persons named by Messe & Marketing GmbH.
9.5 Suspensions from the ceilings and the provision of fastening points may only be attached and carried out with the approval of Messe & Marketing GmbH and the operator renting out the hall. The same applies to changes to the suspension structure.
The costs for this will be borne by the exhibitor.
9.6 Supply facilities for electricity, water / wastewater and LAN must be ordered from Messe & Marketing GmbH. The installation of the supply facilities is carried out on the basis of the technical guidelines at the expense of the ordering exhibitor. The
consumption will be billed to the exhibitor according to the conditions of the respective price list or according to a separate agreement.
9.7 Telecommunications connections (including internet access and WLAN) must be ordered from Messe & Marketing GmbH and will be billed according to the applicable conditions. 9.8 Night watch, cleaning of the sanitary facilities, corridors and traffic areas as well as the conference and meeting rooms is the responsibility of the organiser. The exhibitor is responsible for cleaning within the stands.
9.9 Applications for technical equipment can only be considered if they are received on time using the forms provided by Messe & Marketing GmbH.
10. Forwarder / Delivery
Deliveries of goods and required goods to the trade fair are possible from the first day of construction; collection must be made by 12am on the Monday after the trade fair at the latest (see exhibition conditions).
11. Sales regulations
11.1 Selling is permitted provided a regular exhibition stand with a sales permit has been booked. Sales are not permitted at presentation stands.
11.2 Over-the-counter sales of goods for consumption on the spot are generally not approved by Messe & Marketing GmbH, as this is in the hands of the trade fair catering of the respective hall operators.
The sale or delivery of beverages in bottles or similar containers as well as the serving of coffee, tea and beverages is strictly prohibited.
11.3 The right to gastronomy rests with the hall operators.
12. Hall supervision, cleaning, waste disposal
12.1 The trade fair management recommends keeping valuable, easily removable items under lock and key, and covering the stand at night with the help of tarpaulins, covers or the like. Messe & Marketing GmbH ensures general hall supervision of the trade fair and exhibition grounds outside the opening times of the trade fair / exhibition and arranges night security for the halls. Services for the custody, safekeeping or other protection of the interests of the exhibitors are not provided.
12.2 The organiser ensures the general cleaning of the site and hall aisles. The exhibitor is responsible for cleaning the stand / stand area; It must be completed every day before the event opens.
12.3 The exhibitor undertakes to avoid waste and / or to follow the organiser’s existing disposal concepts. All objects, structures and decorations brought in by the exhibitor or by third parties on his behalf must be completely removed by the exhibitor by the agreed end of use, the area must be cleaned and left free of residues or rubbish. After the dismantling period has expired, any remaining objects, structures and decorations can be removed by the organiser at the expense of the exhibitor. The exhibitor must ensure that no waste is left on the event site. Waste is to be completely and properly disposed of by the exhibitor. Otherwise the organiser is entitled to dispose of the waste at the exhibitor’s expense and to invoice him for the costs.
12.4 Changes to the event site, the introduction of heavy or bulky objects and the affixing of decorations, signs and posters are
subject to a charge and require the prior examination and written consent of Messe & Marketing GmbH. With the application for approval (registration documents), Messe & Marketing GmbH must be presented with any clearance certificates from the responsible authorities. This applies in particular to permanently attached signs, posters, advertising media and routes in the premises as well as substitute measures that have to be taken when the smoke extraction / ventilation system is deactivated. This may only be done by service providers authorised by the rental hall operators. The sticking and nailing of the exhibition partition walls, facades, doors, interior and exterior walls as well as parts thereof is not permitted.
13. Demonstrations and advertising
13.1 All types of demonstrations require the consent of Messe & Marketing GmbH, which, despite prior approval, is entitled to restrict or prohibit those demonstrations that cause noise, dirt, dust, smell or exhaust fumes or otherwise lead or may lead to impairment of third parties.
13.2 Advertising for goods or companies that are not named in the admission is not permitted on the stand.
13.3 Political advertising and / or political statements are inadmissible. In the case of political statements or political advertising that is likely to disrupt trade fair peace or public order, Messe & Marketing GmbH is entitled to demand immediate cessation and removal of the contested objects.
In the event of non-compliance with the request, Messe & Marketing GmbH is entitled to terminate the contractual relationship for an important reason with immediate effect.
13.4 Messe & Marketing GmbH is itself entitled to prevent and remove or have removed any kind of advertising of any kind without the involvement of judicial or police assistance. The exhibitor must bear the costs of removing unauthorised advertising material. Already issued permits can be restricted or revoked in the interest of maintaining orderly trade fair operations.
13.5 The timely registration and payment of the fees for the performance or reproduction of works protected by ancillary copyright law at GEMA (Society for Musical Performance and Mechanical Reproduction Rights) – or at GVL (Society for the Utilisation of Ancillary Rights Ltd) are the sole obligations of the exhibitor. Messe & Marketing GmbH can request written proof of registration of the performance or reproduction or written proof of payment of the fees from the exhibitor in good time before the trade fair / exhibition. If the exhibitor is not ready or unable to provide evidence of payment of the fee, Messe & Marketing GmbH may, at its discretion, request the exhibitor to provide a security deposit for the fees prior to the trade fair / exhibition.
13.6 Addressing and questioning visitors as well as the sale or distribution of advertising material outside the stand are strictly prohibited. In the event of a violation, Messe & Marketing GmbH is entitled to terminate the contractual relationship for an important reason with immediate effect.
14. Media levy (marketing package)
14.1 By registering, the exhibitor gives his consent to make a company entry for himself and the co-exhibitor in the trade fair media provided by Messe & Marketing GmbH. The exhibitor agrees that information about his participation will be disseminated via electronic media including the internet
. These entries as well as a lump-sum participation in the respective event will be invoiced to the exhibitor with a media fee, the amount of which is specified in the registration documents. The insertion options can be found in the registration documents and on the organiser’s website created for the respective event.
14.2 If the information for the mandatory entries is not available by the date specified by the exhibitors, these will be made by Messe & Marketing GmbH on the basis of the available documents, in particular the registration forms.
14.3 Legal claims from incorrect, incomplete or not made entries can only be asserted in the event of wilful intent or gross negligence on the part of Messe & Marketing GmbH, its bodies or its managerial staff and its vicarious agents.
15. Force majeure and other compelling reasons, reservations
15.1 Messe & Marketing GmbH is entitled, if there are compelling reasons, in particular in the event of force majeure, taking into account the interests of the exhibitors in the implementation, to close the contractual event (trade fair, exhibition, etc.) in whole or in part (“interrupt”) and / or to cancel, to relocate in terms of location and / or time (“postpone”) and / or to change its duration and / or to modify the event in any other way. Force majeure exists in particular if it is an event that is beyond the control of the contracting parties. For example, there is force majeure in the event of war, civil war, war-like events, acts of terrorism, political unrest and / or the use of chemical, biological, biochemical substances and / or nuclear energy. Force majeure also applies in the case of pandemics, epidemics, plagues or similar risks of illness and / or in the case of natural disasters (storms, hurricanes, earthquakes or floods, etc.) or any consequential effects. Furthermore, force majeure is also present if there are state, official or other public law interventions and measures such as orders, general directives, etc. that are not the responsibility of the contracting parties and which are in conflict with the implementation of the event. Compelling reasons, in particular force majeure, are to be assumed both when a corresponding event has occurred and when such an event is reasonably likely to be imminent in relation to the time of the event. The assessment of whether a corresponding event has occurred or is imminent is made by Messe & Marketing GmbH at its reasonable discretion, in particular taking into account the interests of the exhibitors.
15.2 The event management can cancel or reschedule the event or change the duration of the exhibition and opening times if it deems this necessary, without recognizing any liability for damages or legal obligations towards the exhibitors or visitors. If the event is cancelled without a mandatory official order, the exhibitor bears his own costs and / or expenses incurred up to then, the organiser can claim or withhold a reasonable amount of the participation fee up to 25% of the invoice amount as a general reimbursement of costs.
If the event is cancelled due to force majeure in accordance with No. 15.1 (e.g. storms, hurricanes, earthquakes, floods, epidemics, terror, etc.) there is no entitlement to reimbursement or claims for damages. Force majeure also applies if state, official or other public law interventions,
orders or directives prevent the event from being carried out. In the event of a trade fair being cancelled or postponed, the media fee is not reimbursable, because the measures financed with it have already taken place.
15.3 If the event is modified in any way other than by cancelling or closing (breaking off) in accordance with Section 15.1 (e.g. by postponing or relocating), the exhibitor is bound by this. The contract is deemed to have been concluded for the modified event. In particular, the exhibitor cannot request a withdrawal nor a reduction in price. However, he can refrain from participating if he can prove that it would be unreasonable for him. In all other respects, section 15.2 shall apply, respectively.
15.4 Messe & Marketing GmbH has the right to cancel the event if the required minimum number of registrations is not received and the unchanged implementation is economically unreasonable.
15.5 If Messe & Marketing GmbH is responsible for the cancellation of an event, no participation fee is owed. A claim for damages against Messe & Marketing GmbH is excluded in the event of simple negligence. The same applies to claims for reimbursement of expenses, reimbursement of costs or similar claims.
16. Exhibitor passes
After full payment of the invoice amounts (see section 6), each exhibitor will receive exhibitor passes for his stand (see exhibition conditions).
By accepting co-exhibitors / additionally represented companies, the number of exhibitor passes increases by three more if the co-exhibitor is formally registered.
Additional exhibitor passes are available from Messe & Marketing GmbH for a fee. The exhibitor passes are intended for the stand personnel, to be completed in accordance with the requirements on the pass and may not be passed on to third parties, especially in the event of non-participation.
17. Photography, recordings (audiovisual)
17.1 Messe & Marketing GmbH is entitled to have photographs and drawings as well as film and video recordings made of the exhibition, of the exhibition structures and stands as well as the exhibits and to use them for advertising or press publications, unless the exhibitor objects. This also applies to recordings made by the press or television with the consent of Messe & Marketing GmbH.
17.2 Photography and filming within the exhibition objects is generally permitted. However, Messe & Marketing GmbH is not liable for the freedom from third-party rights to the photographs. Incidentally, exhibits and stands from other exhibitors may only be photographed or filmed with the consent of the exhibitor concerned.
Photography and filming of the show programmes and the publication of these recordings is generally not permitted; Messe & Marketing GmbH can issue special permits for this (e.g. for exhibition photographers).
17.3 Commercial photographs, film and / or video recordings on the exhibition grounds require the prior consent of Messe & Marketing GmbH. If approval
is given, the recording activity must not hinder or disrupt the course of the event.
17.4 All persons entering or staying on the exhibition grounds during an event organised by Messe & Marketing GmbH are made aware of the possibility of photos, films and video recordings being taken there, by means of a clearly
visible written notice of the house rules with the relevant note. By entering the exhibition grounds, these persons consent to recordings of them,
including portraits, as part of reporting on the trade fair / exhibition in question, both on television and in privately produced films, in print and online media, in particular websites and in social networks as well as on video portals, unless you expressly object to this use (in writing) before entering. If a visitor has not yet entered the fair and does not agree to this regulation, he can return his ticket.
18. Complaints / impairments
18.1 Any complaints about defects in the stand area or the standing area must be reported to Messe & Marketing GmbH in writing immediately after occupancy, but no later than the last day of construction, so that the organiser can remedy any deficiencies for which it is responsible. Later complaints cannot be considered and do not lead to any claims against Messe & Marketing GmbH.
18.2 In the event of any construction work, Messe & Marketing GmbH will endeavour to keep the resulting adverse effects on the exhibitor as low as possible. If the usability of the stand or the stand area is significantly impaired by the construction work, the participation fee can be reduced. This only applies if the use of the stand or the stand area is made considerably more difficult. In the case of irrelevant impairments, the reduction is excluded. Irrelevance is given, for example, if the impairment can be remedied quickly, easily or inexpensively, or if it is of low intensity or short duration. Impairments caused by measures to avert danger do not entitle to reduction. Messe & Marketing GmbH shall determine the reduction for the future in each individual case at its own discretion and without prejudice. The maximum amount is 25% of the participation fee.
19. Protection of intellectual property
19.1 The titles and logos of the trade fairs / exhibitions of Messe & Marketing GmbH are legally protected. Their use by exhibitors in an identical or similar form generally requires the prior express and written consent of Messe & Marketing GmbH, which can make this consent dependent on the payment of a usage fee. The use of the original logos to announce the participation of the exhibitors in the trade fair / exhibition is permitted without separate consent.
19.2 The exhibitor is responsible for ensuring copyrights or other industrial property rights to the exhibits. An exhibition protection from the beginning of a trade fair / exhibition, based on the law on the legal protection of design of 12/03/2004, the utility model law in the version of the announcement of 28 August 1986 and the law on the protection of trademarks and other signs of 25/10/1994, in the currently valid versions, only occurs if the Federal Minister for Justice and Consumer Protection has published a corresponding announcement in the Federal Gazette for a specific trade fair / exhibition.
If necessary, Messe & Marketing GmbH will inform exhibitors about the court responsible for violations of industrial property rights. Attention is drawn to the possibility of border seizure proceedings.
19.3 Each exhibitor is obliged to observe the industrial property rights of the other exhibitors and to refrain from infringements. The legal provisions of the Federal Republic of Germany must be observed
when presenting and selling products and services. If products are not approved for worldwide distribution,
appropriate country-specific labelling is required. Goods that demonstrably violate industrial property rights, in particular trademark rights, design rights, utility models and / or patents are not permitted at the trade fair / exhibition. Infringing goods must be removed immediately and future participation in the trade fair / exhibition is prohibited. The violation is proven when it has been confirmed by a final judicial judgment. In the event of proven infringements of industrial property rights for which the exhibitor is responsible, Messe & Marketing GmbH is entitled to terminate the contractual relationship for good cause in accordance with Section 20 with immediate effect.
20. Breaches of duty, right of termination, contractual penalty
20.1 Culpable violations of the exhibitor’s obligations arising from the contractual relationship or of the arrangements made within the framework of house rules entitle Messe & Marketing GmbH to terminate the contractual relationship for good cause with immediate effect if the violations are not stopped immediately upon request. An important reason to terminate the contractual relationship with immediate effect exists in particular if the exhibitor violates the obligations set out in Clauses 4.1, 6.3, 7.2, 7.5, 7.8, 13.3, 13.6 and 19.3.
20.2 In the event of termination for good cause, Messe & Marketing GmbH is entitled to close the exhibitor’s stand immediately and to request that the exhibitor dismantles the stand and vacates the stand area without delay.
20.3 If the exhibitor is in arrears with dismantling the stand or clearing the stand area, Messe & Marketing GmbH is entitled to either dismantle the stand and / or clear the stand area itself or have it done by third parties at the exhibitor’s expense.
20.4 In the event that the stand space cannot be rented or can only be rented for a fee by exchanging it with the stand space of another exhibitor, the exhibitor shall be obliged to pay the participation fee owed as minimum compensation for the remaining duration of the trade fair / exhibition.
20.5 If no substitute exhibitor can be found for the stand area of the terminated exhibitor, Messe & Marketing GmbH is entitled to design the stand area at the exhibitor’s expense in order to ensure a coherent appearance of the trade fair / exhibition.
20.6 Messe & Marketing GmbH is entitled to demand a contractual penalty from the exhibitor, to be determined in each individual case at its reasonable discretion by the organiser and, in the event of a dispute, to be reviewed by the Regional Court of Flensburg if the exhibitor culpably violates his obligations.
21. Liability and Insurance
21.1 Messe & Marketing GmbH is liable (a) for any deliberate or grossly negligent cause of damage; (b) in the event of wilful or grossly negligent injury to life, limb or health; (c) for claims under the
Product Liability Act; and (d) insofar as the defect of an item has been fraudulently concealed or an express written guarantee has been given for the quality of an item.
Messe & Marketing GmbH is only liable for the negligence of its legal representatives and managerial staff, unless there is a breach of essential contractual obligations (cardinal obligations) or wilful or grossly negligent injury to life, body or health.
21.2 Messe & Marketing GmbH is only liable for slight negligence in the event of a breach of essential contractual obligations. Liability is limited to foreseeable damage, the occurrence of which must typically be expected. As far as Messe & Marketing GmbH is liable for slight negligence, the liability is limited to 10,000 euros. Insofar as liability is excluded or limited according to these provisions, this also applies to the performing and vicarious agents of Messe & Marketing GmbH.
21.3 The strict liability of Messe & Marketing GmbH for already existing defects according to § 536 a paragraph 1 of the Federal Code is expressly excluded. In this respect, Messe & Marketing GmbH is, in particular, not liable for the exhibits, the structures or surface facilities or any consequential damage suffered by the exhibitor.
21.4 Messe & Marketing GmbH must be notified immediately in writing of any damage.
21.5 In the event of damage, Messe & Marketing GmbH only pays compensation in the amount of the current value upon submission of written evidence of the acquisition costs. Compensation for damages is excluded if a late notification of damage caused by the exhibitor results in Messe & Marketing GmbH’s insurance company refusing to accept the damage.
21.6 The exhibitor is liable to Messe & Marketing GmbH for damage for which he is responsible, regardless of whether it is caused by himself, his employees, agents or exhibition objects and facilities. In the case of flat-rate claims for damages, Messe & Marketing GmbH’s right to prove higher damage to the exhibitor remains unaffected. The exhibitor is entitled to prove that the damage was not caused or was significantly lower than that stated in the lump sum.
21.7 The exhibitor is obliged to take out appropriate insurance for himself, his company and his vicarious agents to compensate for such damage with a German insurer.
22. Domiciliary right, park regulation
During trade fairs / exhibitions, the exhibitor is subject to the domiciliary right of Messe & Marketing GmbH (house rules) as well as the park regulation of the hall operator renting out the hall. The orders of their employees, who prove their identity with an ID card, must be obeyed.
23. Data connections
23. Within their services, the respective hall operators offer data connections according to the current state of the art. These services are secured by service contracts with leading providers. The booking can be made through Messe & Marketing GmbH.
23.2 A completely uninterrupted provision of individual services in connection with mobile electronic connections, in particular the establishment of connections at any time or the constant preservation of a certain data throughput cannot be guaranteed, in particular as this depends on factors that are not within the operational sphere of the respective hall operations or the organiser.
23.3 Messe & Marketing GmbH does not guarantee the functionality of a mobile electronic connection or a specific transmission speed.
23.4 Unforeseeable events such as force majeure, official measures, failure of telecommunications connections and other unavoidable disruptions and events beyond the control of the organiser and for which the organiser is not responsible release Messe & Marketing GmbH for their duration from the obligation to provide timely performance. This does not affect any claim for compensation by Messe & Marketing GmbH.
23.5 Messe & Marketing GmbH is not responsible for the information and services transferred by exhibitors, co-exhibitors and additional companies via electronic connections / telecommunication services and assumes no liability for this. Reference is made to § 8 of the Telemedia Act.
24. Severability clause, limitation period
24.1 Should any provision of these General Conditions of Participation be or become invalid or unenforceable, this shall not affect the effectiveness of the General Conditions of Participation. In such a case, the parties undertake to agree on an effective and feasible provision that corresponds as closely as possible to the purpose of the provision to be replaced within the meaning of the General Conditions of Participation; the same applies to any gaps in the General Conditions of Participation.
24.2 The limitation period for claims against Messe & Marketing GmbH is six months, unless this is contrary to mandatory statutory provisions. The limitation period begins at the end of the month in which the final day of the event falls.
24.3 The exhibitor is only entitled to a right of retention with undisputed or legally established claims. The exhibitor can only charge up against receivables that are undisputed or legally ascertained.
25. Place of performance, place of jurisdiction, applicable law
25.1 The place of performance and jurisdiction for all mutual obligations, including all payment obligations, is Husum. However, Messe & Marketing GmbH also reserves the right to take legal action at the exhibitor’s general place of jurisdiction.
25.2 German law applies, to the exclusion of international private law and UN trade law. The European Commission provides a platform for out-of-court online dispute resolution (the so-called OS platform) at: http://ec.europa.eu/consumers/odr/. Messe & Marketing GmbH does not participate in an alternative dispute settlement procedure.
Status: May 2020