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General Terms and Conditions |
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The General Terms and Conditions of Koelnmesse GmbH
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I
Applications |
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| You declare your wish to take part in the event by returning the fully completed and signed application form to us. We store the data on that form in an automatic process, in compliance with Article 33 of the German Data Protection Act. The application is binding upon you: it cannot be made subject to any conditions or reservations. |
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II
Admission, provision of stand space and enforceability of the contract
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| The organiser decides on your participation in accordance with the provisions applicable to all participants in the event (admission). There is no legal entitlement to admission. The contract comes into effect on written notification of admission at the latest. Should the contents of the admission notification deviate from those of your application, the contract comes into effect on the terms of the admission notification if you fail to object in writing within 2 weeks of its receipt. The same applies in the case that the event has to be rescheduled or relocated: in such a case, the admission notification is deemed to be replaced by the corresponding notification of rescheduling or relocation from the organiser. The admission notification applies to the relevant event, the company applying and the registered products and services only. Products which are not entered in the list of goods may not be exhibited.
Koelnmesse does not wish to have any exhibitors who, by the manufacture, dissemination, sale, possession or advertising of their products in the broadest sense, infringe laws on the protection of intellectual property or industrial property rights in the broadest sense.
Should it be apparent from an enforceable court verdict that an exhibitor has infringed laws of the kind described in paragraph 1 in connection with an event organised by Koelnmesse, Koelnmesse shall be entitled to exclude that exhibitor from the next event of the same kind following delivery of the enforceable verdict if there is sufficient suspicion of a new and repeated infringement of laws on the protection of intellectual property or industrial property rights.
Stand space is assigned by the organiser on the basis of the correspondence between the exhibits you have registered and one of the exhibition topics within the event.
There is no entitlement to assignment of stand space in a particular hall or in a particular area of a hall. The organiser is entitled in individual cases and for good cause to assign a different stand space from that detailed in the notification of admission, to alter the size and dimensions of the stand space, to relocate or close entrances and exits and to make structural modifications to the trade fair halls without such action giving rise to any rights on your part. On reduction of the stand size, the difference in the participation fee will be refunded. Complaints must be raised in writing without delay, and in all cases within the duration of the event. No subsequent objections will be accepted. Withdrawal from the contract is not possible after a firm application has been submitted and a notification of admission issued.
The organiser may in exceptional cases agree to release an exhibitor from the contract if the stand space thus released can be let to another exhibitor. In such cases, the organiser is entitled to require lump-sum compensation for the costs incurred in the amount of 25% of the participation fee, without being obliged to demonstrate those costs. This shall not affect the exhibitor's liability for catalogue fees and other costs, in particular those incurred for the services of third parties. |
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III
Structure and design of the stands |
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| The stand construction and design must comply with the statutory regulations and the rules specific to the event which can be found in the special section of the terms and conditions for participation.
Stand construction companies require a special approval to assemble the stands in the hall. This approval is issued by the Engineering and Organisation Department of Koelnmesse.
For the duration of the event, the stands must be decorated with the registered and approved exhibits, and must be staffed.
The organiser may require the removal of exhibits which could cause a serious disruption to the progress of the trade fair by odour, noise or other emissions, or by their appearance, or which could endanger the safety of exhibitors or visitors. Should you fail to comply with such a request without delay, the organiser is entitled to have the exhibits in question removed at your cost and risk and to close your stand, without giving rise to any entitlements vis-à-vis the organiser on your part. Special regulations concerning individual events can be found in the special section of the terms and conditions for participation. |
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IV
Participation fee and other costs; terms of payment |
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| The participation fee and the lump-sum fee for energy costs are calculated in accordance with the scales presented in the special section of the terms and conditions for participation.
The calculation is based on the assigned floorspace without consideration of projections, pillars, service connections and other fixtures. Following your admission to the event, you will receive an invoice for the participation fee and the other costs. Please pay the invoice amount in full by 10 weeks before the start of the event at the latest. Invoices which are issued 10 weeks before the start of the event or later are due for payment immediately. Prompt payment is a condition for occupation of the stand space.
In cases of default, interest will be charged in the amount of 3% above the current discount rate of the Deutsche Bundesbank. On failure to pay the invoice by the due date, the organiser is also entitled to cancel the contract with you.
The organiser's receivables for the rental of the stand space are secured by a lien on the objects you deposit there.
We would request you to notify us of any objections to the invoice in writing without delay, and at the latest within 2 weeks of its receipt. We are unable to consider any later objections. Projections, pillars, service connections and other fixtures on the rented stand space shall not give rise to an entitlement to a reduction in the participation fee or other costs. Counter-claims may only be offset against payments due under the terms of the contract or sums withheld when such counter-claims are undisputed or have been recognised by declaratory judgement. The organiser is also entitled to the sums in full if you fail to discharge your obligations under the terms of the contract, without prejudice to any claims for damages. Should the organiser be unable to fulfil the contract or part thereof, you will be entitled to a proportional refund of the sums you have paid. Further claims are excluded under the terms of section VII. |
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V
Co-exhibitors, additional companies represented, group and communal stands |
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| As an exhibitor, you may not relocate, exchange or divide the stand space made available to you without the prior consent of the organiser, nor make it accessible to third parties in whole or in part in any other way.
A separate application and approval by the organiser are required for the use of the stand space by a further business with its own exhibits, its own sign and its own staff (co-exhibitor). This also applies to businesses which do not fulfil one of the above conditions (additional companies represented).
The organiser is entitled to charge a participation fee and other costs for the admission of co-exhibitors, which are to be paid by you as the exhibitor.
For the rest, the admission of co-exhibitors and additional companies represented is subject to the conditions stated in section II. Those companies shall comply with the conditions of participation inasfar as they are applicable. Should you take in a co-exhibitor or additional company represented without the express consent of the organiser, the organiser shall be entitled to terminate the contract with you without notice and have the stand space cleared at your risk and cost. Even after admission, the only contractual relationships are those between the organiser and the exhibitor, who is liable for the actions of his co-exhibitors or additional companies represented as he is for his own actions.
When several companies wish to take part in the event at a joint stand, these terms and conditions of participation are binding on each individual company. In addition, you are obliged to nominate a joint representative as your contact in your application. The provisions of section IV apply accordingly. When joint use of the trade fair stand is permitted, all the firms involved shall be jointly and severally liable to the organiser for payment of the participation fee and other costs, and for fulfilment of all other obligations irrespective of the legal basis on which they arise.
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VI
Domestic authority
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| The organiser exercises the domestic authority of an owner within the trade fair site. He is entitled to have exhibits removed from stands if their display conflicts with the law, public policy or the exhibition programme.
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VII
Insurance and liability |
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| The organiser does not take on any duty of care for exhibits brought onto the site, for standard equipment or for objects owned by the persons working on the stands. No liability for loss or damage is accepted, provided that the risks can be insured. This does not affect liability for malicious intent or gross negligence. This exclusion of liability is not limited in any way by security measures implemented by the organiser.
We recommend you to take out an exhibition insurance policy, which can be ordered as part of the service package. In addition, you can order special security arrangements using the relevant form in the service package. Should you, your staff, staff of the stand construction firms you employ or other third parties acting on your behalf on the trade fair site cause damage to the organiser, you as the exhibitor will be held liable for compensation.
The organiser is only liable for malicious intent and gross negligence of his staff: all further liability is excluded. This applies to all claims which could arise on the basis of or in connection with this contract. If the organiser is obliged as a consequence of force majeure or for other reasons beyond his control to clear the exhibition area or part thereof temporarily or permanently, or to reschedule, shorten or lengthen the event, this shall not create any rights on your part, and in particular shall not create any entitlement to damages from the organiser.
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VIII
Limitation |
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| Your claims against the organiser arising from the contractual relationship and all associated legal relationships shall lapse by limitation within 6 months.
The limitation period starts at the end of the month in which the closing day of the event falls. |
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IX
Place of performance and venue for disputes |
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| The place of performance is Cologne. Any disputes between the parties shall be settled by a competent court in Cologne. The organiser is however entitled to pursue his claims before the courts at a location where you as the exhibitor have your registered office or branch.
All legal relationships between you and the organiser shall be governed by German law and the German text of these conditions of participation. The house regulations and the provisions of the special section of the conditions of participation are an integral part of the contract. |
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X
Concluding provisions |
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By signing the application form, you accept and are bound by the organiser's conditions of participation (general and special sections) and all further provisions concerning the contractual relationship.
Koelnmesse GmbH, Messeplatz 1, D-50679 Cologne, P.O. Box 210760, D-50532 Cologne
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