General Terms & Conditions for Fairs/Exhibitions
The contractual relationship between the Operator/Organiser and Exhibitor is governed by the “General Terms and Conditions of Business“ as set out below.
1 Organiser
Concept Heidelberg GmbH, Rischerstr. 8, 69123 Heidelberg, Telephone: 06221 – 84 44 0. The stand contracts shall be concluded solely with Concept Heidelberg GmbH.
2 Registration
2.1 Stand registration Registrations for the exhibition shall be made in writing on the form provided for the purpose, bearing a legally binding signature and company stamp. This shall also apply to stand areas assigned by the Organiser free of charge. The registration is an irrevocable contractual offer to Concept Heidelberg GmbH, which is binding for the Exhibitor up to the commencement of the event. The submission of the registration does not constitute any right to admission. Only a confirmation from the Organiser represents a binding booking.
2.2 Contractual elements
The essential elements of the contract shall be
a) the registration form,
b) additional information specific to the event,
c) the general terms and conditions.
In the event of non-conformance the rules shall apply in the above order of priority.
2.3 Incorporation of the contractual conditions
By signing the stand registration the Exhibitor accepts the terms of business and participation as binding. She/He also has to guarantee that all staff members employed at the event also received the full contract.
3 Joint Exhibitors
If more than one exhibitor wish to hire a stand together, they shall appoint an exhibition representative authorised to represent them in the registration, who will be the sole point of contact for Concept Heidelberg GmbH for negotiations. The authorised agent shall be liable for a fault on the part of his principal as if it were his own fault. The participating Exhibitors shall be jointly and severally liable to Concept Heidelberg GmbH.
4 Conclusion of the contract
4.1 Order confirmation
Concept Heidelberg GmbH shall confirm acceptance of the offer by a written order confirmation (Admission of the Exhibitor and the registered exhibits).
4.2 Admission/restriction of the Exhibitors and exhibits
Concept Heidelberg GmbH shall decide on admission after due consideration taking into account the aims of the event and the capacity available. There is no legal right to admission. The Exhibitor may not invoke participation in previous events. Exhibitors who have failed to meet their financial obligations towards Concept Heidelberg GmbH in the past or have acted in contravention of the contractual conditions or statutory provisions, may be excluded from the admission process. If admission was granted on the basis of false assumptions or information or the conditions for granting admission subsequently cease to exist, Concept Heidelberg GmbH shall have the right to withdraw from the contract.
Deviation from the registration
If Concept Heidelberg GmbH accepts the registration for the exhibition areas or exhibits subject to expansion, restrictions or other amendments, it shall be bound to the amended offer for two weeks.
5 Allocation of stands
5.1 Principle
Concept Heidelberg GmbH allocates the stand in consideration of the theme and structure of the relevant event and the premises available. Specific requests in respect of stands will be considered as far as possible. Places are not allocated on the basis of the chronological order of receiving the registrations. The Organiser shall also have the right to change the allocation of places (size, situation and form) up to the commencement of the event.
5.2 Alteration of adjoining stands
The Exhibitor shall accept the fact that upon commencement of the event the position of the other stands may have changed compared with what it was at the time of admission. Claims for compensation are excluded on both sides.
5.3 Exchange, transfer to third parties
The allocated stand may not be exchanged with another exhibitor nor may the stand be transferred in full or in part to a third party without the relevant approval of Concept Heidelberg GmbH.
5.4 Structure of the stands
The structure of the stands is left to all exhibitors subject to compliance with the terms and conditions of business and the particular conditions of participation. Only mobile stands that are not connected to the floor, wall or ceiling will be accepted. Any damage sustained shall be the responsibility of the hirer of the stand. Emergency exits shall be kept clear at all times. Any nuisance to surrounding stands caused by lack of cleanliness, noise or visual impact is to be avoided and must cease immediately if applicable. Presentations of any kind (e.g. the operation of machinery, films, music or other presentations) shall be agreed with Concept Heidelberg GmbH beforehand. They shall at all times be conducted in such a way that ensures there is no negative impact on neighbouring stands.
6 Fitting of stands/Supply media
You will see the conditions and facilities for fitting of stands and supply media from the additional information specific to the event.
7 Exhibits
Goods that are to be offered for sale at the fair must be specified in the registration. The Organisers reserve the right to limit the range and/or give exclusive rights for individual products or product groups. The Organisers also reserve the right to reject registered participants without giving a reason. If the Exhibitor’s fixtures, fittings or exhibits constitute particular hazards or risks (e. g. damage from the influence of temperature, humidity, vibrations, fall in pressure, power fluctuations etc.), the Exhibitor itself shall be responsible for taking the required precautions. Welding, cutting and soldering demonstrations are prohibited in the halls by order of the fire authorities.
7.1 Removal, Exchange
Only the agreed range of exhibits may be exhibited. It may only be removed from its place by arrangement with Concept Heidelberg GmbH. An exchange may only be permitted by written agreement with Concept Heidelberg GmbH one hour before commencement and one hour after the end of the daily opening hours.
7.2 Exclusion
Concept Heidelberg GmbH may require goods to be removed from the range of exhibits, if they were not included in the contract for the stand hire or if they prove to be a nuisance or a hazard or are not compatible with the event’s concept. If such instructions are not followed, Concept Heidelberg GmbH will take legal action to remove the exhibits at the expense of the Exhibitor.
7.3 Direct sales
Direct sales is not allowed, unless there is express permission. Exhibit items must be marked with clearly readable price tags. The Exhibitor shall in particular obtain and comply with the required approvals from professional and health and safety authorities.
7.4 Industrial property rights
The Exhibitor must secure the copyrights and other intellectual property rights to the exhibits.
8 Payment conditions
Payment of the stand rental charge in full is an unconditional requirement for participation at the event. Payment must be made when due, prior to commencement of the event.
8.1 Payment due date
The payment conditions including deadlines for payment and cancellation rights are stated on the registration form.
8.2 Assignment, Offsetting
The assignment of claims against Concept Heidelberg GmbH is not permitted. Offsetting of claims is only permitted against undisputed counterclaims established with force of law.
8.3 Objections
Objections in respect of invoices can only be considered if they are made to Concept Heidelberg GmbH in writing within 14 days from invoicing.
8.4 Right of distress
Concept Heidelberg GmbH reserves the right to exercise the right of distress in order to secure its claims and to sell the attached goods on the open market after giving written notice. Concept Heidelberg GmbH shall be liable for damage to the attached property only in cases of premeditation or gross negligence.
9 Liability, insurance
The hirer of the stand shall be liable for all damage caused to the lessor, the Organisers or third parties by the stand operator or its representatives. She/He undertakes to take out the required insurance (liability, accident, etc.) her-/himself and shall hold the lessor and the organisers and all companies involved indemnified from third party claims.
10 Cancellation, non participation of the Exhibitor, withdrawal of Concept Heidelberg GmbH
10.1 Cancellation, non-participation by the Exhibitor
The rental charge for the stand shall be paid in full even if the Exhibitor cancels its participation or fails to participate in the event without cancelling in this way.
Withdrawal of Concept Heidelberg GmbH
Concept Heidelberg GmbH shall have the right to withdraw if
a) the full rental payment has not been received by the time specified in the invoice at the latest and the Exhibitor has not paid at the end of an additional period of grace it has been granted;
b) the stand is not visibly manned on time, i.e. 1 hour before the official opening at the latest;
c) the Exhibitor is in violation of the company rules and does not amend its conduct after due warning;
d) the conditions for granting admission in the person of the registered exhibitor no longer exist or Concept Heidelberg GmbH has subsequently become aware of reasons which, had they been known at the time, would have been grounds for rejecting admission. This shall apply in particular in the event of opening of bankruptcy or composition proceedings in respect of the Exhibitor or if the Exhibitor becomes insolvent. The Exhibitor shall inform Concept Heidelberg GmbH immediately should any of these circumstances arise. Concept Heidelberg GmbH may make compensation claims in the aforementioned cases. No 8.1 shall apply accordingly.
11 Cancellation, relocation and change in the duration of the trade exhibition
11.1 Cancellation, relocation and change in duration
Concept Heidelberg GmbH shall have the right to cancel, relocate or postpone the trade exhibition or change its duration on significant grounds, for which it is not responsible, after allowing for the interests of exhibitors. Any relocation or change in time or other alteration will become an element of the contract upon notification to the Exhibitors. Concept Heidelberg GmbH shall also have the right to cancel the fair/exhibition, if it does not receive the minimum number of registrations required and it would not be financially viable to continue without alteration.
11.2 Failure to hold the event
If the trade exhibition should not take place for reasons for which Concept Heidelberg GmbH is not responsible or due to force majeure, Concept Heidelberg GmbH may demand 25 % of the participation fee from the Exhibitor as a contribution to costs. If the Exhibitor has ordered other chargeable services, the Exhibitor may be also be additionally invoiced for these.
11.3 Rescheduling of the event
The Exhibitor is to be informed if, in the event of an essential postponement, Concept Heidelberg GmbH is in a position to hold the trade exhibition at a later date, instead of cancelling the event altogether. The Exhibitor shall have the right to cancel its participation at the altered time within one week from receipt of this notification; in such a case Concept Heidelberg GmbH shall have the right to demand a payment of 25 % of the participation fee from the Exhibitor as a contribution to costs.
11.4 If Concept Heidelberg GmbH is responsible for the failure to hold the fair / exhibition, the Exhibitor shall not be liable to pay the participation fee. The Exhibitor shall not have the right to make any further claims.
11.5 Commenced event
If Concept Heidelberg GmbH is obliged to curtail an event that has already commenced due to an occurrence of force majeure or for another reason for which it is not responsible, the Exhibitor shall have no right to full or partial refund or waiver of the participation fee.
12 Set-up and fair passes
The conditions for the set-up and fair passes are regulated separately in the event-specific additional information for the relevant event. Generally the following shall apply:
12.1 Set up passes
The Exhibitor shall receive set-up passes free of charge for her-/himself and the support staff employed during the assembly and dismantling. These will only be valid during the assembly and dismantling period and do not give the right to enter the exhibition site during the event.
12.2 Fair pass
Exhibitors will receive a limited number of exhibitor passes for themselves and the persons employed by them, giving the right to free entry, for the duration of the exhibition. More specific issues are regulated by the event-specific additional information.
12.3 Common provisions
The passes are not transferable and only valid in connection with an official pass. In the event of misuse the pass will be withdrawn without replacement. In the case of a joint exhibition only the authorised exhibitor will receive the necessary passes. Any additional passes required may be acquired for a charge.
13 Image and sound recording
Concept Heidelberg GmbH shall have the right to have photographs, drawings as well as film and video recordings produced of exhibition events, the exhibition structures and stands, as well as the exhibits and to use them for publicity or press releases, without the Exhibitor being able to raise any objections for any reason whatsoever. This shall also apply to footage that the press or television companies produce with the permission of Concept Heidelberg GmbH.
14 Taking photographs and other image recording
Commercial image recording, whatever its nature, in particular production of photographs, films and image recording is only permitted within the exhibition site by persons who have received permission to do so from Concept Heidelberg GmbH and hold a valid pass issued by Concept Heidelberg GmbH.
Footage of the stands that is to be produced outside the daily opening times and requires special lighting shall require permission from Concept Heidelberg GmbH. Costs arising in this connection shall be met by the Exhibitor, unless they are met by the photographer.
Concept Heidelberg GmbH and – with the permission of Concept Heidelberg GmbH – the press and television companies shall have the right to have footage of the exhibition events, the stands and the exhibits produced and use them for publicity or general press releases free of charge.
15 Publicity
15.1 Scope
Publicity, whatever its nature, is only allowed within the stand hired by the Exhibitor for the Exhibitor’s own business name and only for the exhibits it produces or markets. Permission must be applied for from Concept Heidelberg GmbH for distribution of flyers outside the stand area hired and is only permissible with approval.
15.2 Required permission
Loud speaker publicity, slide or film presentations and show productions must be agreed in writing with Concept Heidelberg GmbH. The same shall apply for the use of other equipment and systems designed to enhance the visual or acoustic effect of publicity.
16 Register of Exhibitors
By submission of a registration every Exhibitor undertakes to allow a company entry to be recorded in the official register of exhibitors. The information for the entry will be taken from the written registration. No legal claims may be derived from incorrect or incomplete entries or entries that have not been made.
17 Official approvals, statutory provisions, technical guidelines
It is basically the responsibility of the Exhibitor to obtain the official approvals. She/He shall be responsible for ensuring that the GEMA (Performing Rights) provisions as well as the industry standards, police, health and safety and other statutory provisions are complied with, including in particular the “Act concerning technical working equipment“(Equipment Safety Act). She/He shall also meet the conditions set out in the event-specific additional information for the relevant trade exhibition.
18 Regulatory provisions
18.1 Company rules
During the event the Exhibitor shall be subject to the company rules of Concept Heidelberg GmbH over the entire site. The instructions of its employees, who identify themselves with a pass, are to be followed.
18.2 Other
Animals may not in principle be brought onto the exhibition site. Water that is required for the preparation of food and to clean requisite items that come into direct contact with food may only be drawn from hygienic water taps. Water from toilet areas is not to be used for this purpose.
18.3 Protection of the environment
The Exhibitor is obliged to act in an environmentally responsible manner.
19 General provisions, dates, contractual penalties in the event of premature dismantling, timely assembly
19.1 Dates
The assembly and dismantling dates will be established by the event-specific additional information.
19.2 Timely assembly
The Exhibitor shall be obliged to assemble an exhibition stand (stand) on the hired stand area. The stand is to be visibly assembled in good time before commencement of the event. More specific matters are regulated in the event-specific additional information for the event. If the stand is not set up by the Exhibitor in time, Concept Heidelberg GmbH may levy a contractual penalty of 500 €.
19.3 Contractual penalty for premature dismantling, dismantling period
Prior to commencement of the dismantling period specified in the particular conditions of participation the Exhibitor shall have no right to remove exhibits from the stand area, nor to start taking the stand down. If this rule is contravened Concept Heidelberg GmbH shall be entitled to demand a contractual penalty of 500 € per day. The duration of the dismantling period (end of dismantling) must be adhered to without fail. After the end of the dismantling period Concept Heidelberg GmbH shall have the right to carry out the dismantling, removal and storage of the exhibits or arrange for this to be done at the expense of the Exhibitor. Concept Heidelberg GmbH only accepts liability for loss or damage of the exhibits in the case of premeditation and gross negligence. It shall have a right of distress for costs incurred (No. 8.4).
20 Structure of the stand area
20.1 Stand area
All stand areas and other fair/exhibition areas will be measured and marked by Concept Heidelberg GmbH; Concept Heidelberg GmbH shall have a right of specification (§ 315 BGB [Civil Code]) in case of doubt.
20.2 Assembly, Exhibitor service
The rules for the planning, the construction and the configuration of stand systems and individual stands can be found in the particular conditions of participation.
20.3 Note concerning approval
On the assumption that the relevant specifications of the event sites listed in the event-specific additional information are complied with in the structure and construction of the stand, it is not necessary to submit designs for approval in ground level, single-storey stand structures without a roof. All other stand structures, mobile stands, special constructions and designs require approval. Construction plans (ground plan and image) are to be submitted to Concept Heidelberg GmbH for approval. Any other aspects are regulated by the event-specific additional information.
20.4 Visual appearance
The exhibition stand must fit in with the overall plan for the exhibition. Concept Heidelberg GmbH reserves the right to refuse the construction of inappropriately or poorly designed stands.
20.5 Equipment during opening times
The stand must be properly equipped during the entire duration of the fair or exhibition and manned by professionally competent staff during the established opening hours.
20.6 Contractual penalty
If the Exhibitor culpably contravenes the aforementioned provisions (No. 20.3, 4, 5), Concept Heidelberg GmbH may assert a contractual penalty of 500 € per day in the event of failure to act after warning.
21 General supervision, cleaning
a) Security surveillance services for the trade exhibition shall be provided by Concept Heidelberg GmbH or their agents. It shall only be liable for damage in the event of gross negligence. The Exhibitor shall be responsible for surveillance of the fair stand. It is recommended that provision should be made for losses by appropriate insurance cover. During the night, valuable, easily removable objects are to be kept under lock and key. Private guards to guard the stands may only be employed by written agreement with Concept Heidelberg GmbH.
b) Concept Heidelberg GmbH shall provide the general cleaning of the site and the hall passageways. The Exhibitor shall be responsible for cleaning the stand. This must be performed every day before the event is open.
c) If the Exhibitor does not employ its own staff, Concept Heidelberg GmbH’s relevant contractor shall be contracted to clean and guard the stand.
d) The Exhibitor and/or the stand constructor it has contracted shall be responsible for the removal of waste it has produced. It shall comply with the regulations laid down in environmental directives.
22 Technical Installations
Supply of electricity, water and telephone and other services to the relevant stand is to be provided by companies approved by Concept Heidelberg GmbH. More specific details are regulated by the event-specific additional information.
23 Catering
Catering shall basically be provided by Concept Heidelberg GmbH.
24 Data protection
We shall collect, use and process your personal data for the establishment, progression and handling of your contractual relationship with Concept Heidelberg GmbH.
25 Final provisions
25.1 Legal form
Deviations from the content of this contract (No. 2.2) and ancillary agreements shall only be legally binding if they have been confirmed by Concept Heidelberg GmbH in writing.
25.2 German Law
The reciprocal rights and obligations arising from this contractual relationship and on account of this contract shall be subject to the Law of the Federal Republic of Germany.
25.3 Place of performance and jurisdiction
The place of performance and jurisdiction for all reciprocal obligations, including all payment obligations, shall be Heidelberg, provided that the Exhibitor is a trader, public law entity or fund subject to public law or has no general place of jurisdiction in Germany. Concept Heidelberg GmbH however reserves the right also to bring legal proceedings at the general place of jurisdiction of the Exhibitor.
25.4 Statute of limitations
Claims of the Exhibitor against Concept Heidelberg GmbH shall be statute-barred in 6 months, unless there are compelling legal provisions to the contrary.
25.5 Severability clause
Should individual provisions of these general terms and conditions of business be ineffective this shall not affect the validity of the remaining regulations. The ineffective provision is to be altered in such a way as to ensure the intended purpose is achieved.