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Components of the Contract of Participation and amendments thereto
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The exhibitor undertakes to comply with the event-specific requirements of the organiser, the organiser’s technical guidelines, and the general terms and conditions of the exhibition venue, as well as all relevant standards.
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The conclusion of the Contract of Participation (“registration”) must be made electronically or in writing if it is to acquire legal force. Amendments to the Contract of Participation and any agreements must be made in writing or electronically if they are to acquire legal force. The general terms and conditions of the exhibitor shall not apply unless the organiser has explicitly agreed to their applicability either in writing or electronically. Declarations made by the exhibitor to the organiser must also be made either in writing or electronically.
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Event-specific information
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Organiser
Trailblazer Summits GmbH
Papenstraße 33e
D-22089 Hamburg
Germany
Email: info@trailblazer.de -
Location of the event
Schuppen 52, Australiastraße 52, 20457 Hamburg
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Event schedule
Service Summit: 20th and 21st November 2024
The organizer is entitled to change the date and location of the event at any time, but no later than 8 weeks before the start of the event.
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Scope of services
The organiser provides the exhibitor with the services agreed in the Contract of Participation.
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Fees
The exhibitor pays the organiser the fee that has been agreed in the Contract of Participation.
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Conclusion of a contract through registration and acceptance
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Offers made by the organiser are non-binding and subject to change unless the organiser explicitly declares otherwise in writing.
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The exhibitor must register using the registration form provided by the organiser and must be done in writing or electronically. The registration represents the exhibitor’s offer to conclude a Contract of Participation.
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Terms of payment
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All prices shown are net and do not include any statutory VAT that may be applicable.
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Following registration, the organiser invoices the exhibitor for the agreed fee. Usage-based charges will be invoiced after the event has concluded.
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Payment is due 30 days after receipt of the invoice; payment must in any case occur before the start of the event. The invoice shall be issued immediately after conclusion of the contract.
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The exhibitor is only entitled to offset fees, or exercise a right of retention, insofar as their claim has been confirmed in a court of law.
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Insofar as the organiser grants the exhibitor a discount on the applicable list prices, this discount shall be rendered void if the exhibitor violates their obligation to operate, or if they are in default with- their payment; in such cases the full amount of the applicable list prices shall be deemed to have been agreed.
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Should the organiser incur damages, e.g. arising from chargebacks, as part of the payment process, these shall be reimbursed to the organiser by the exhibitor. This shall not apply only if the exhibitor is not responsible for the origination of such damages.
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Stand allocation
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The organiser will assign the exhibitor an area. The exhibitor has no claim to a specific presentation area or time.
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The organiser reserves the right to change the floor plan and the event specifications at any time if they believe this is necessary and in the best interests of the event, as long as these modifications do not significantly change the character of the event. The organiser reserves the right to make appropriate changes to the size or position of the stand area assigned to the exhibitor if compelling organisational reasons make this necessary and the exhibitor’s interests can be appropriately accounted for. The organiser will inform the exhibitor of these changes without delay. Any increase in the stand area and/or improvement of the stand type will not impact the fees agreed in the Contract of Participation.
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Exhibitor’s obligations; obligation to operate
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The exhibitor undertakes to comply with the setup and dismantling times.
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The exhibitor undertakes to occupy the entire stand area they have booked and to actively operate their stand during the opening hours of the event.
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In the event that the exhibitor has still not occupied their assigned stand or stand area by the time the event begins, the exhibitor reserves the right to proceed as they see fit.
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Exhibitors must build their booth by 04:00 PM on 19th November 2024 at the latest and may not take them down before 05:00 PM on 21st November 2024. In case of non-fulfillment of one or more of these conditions, the organizer may charge the exhibitor a fee of €5,000
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The presentations given by the exhibitor may not violate any applicable law. The exhibitor shall also ensure that the contents of the materials published on their part do not breach copyright, trademark, or other intellectual property rights, competition rights, or general personality rights of third parties.
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The exhibitor shall indemnify the organizer from all damages and claims of third parties arising due to a breach of the Obligations of the exhibitor set out in 6.5. of this contract at the first request of the organizer. This shall not apply if the exhibitor is not responsible for the origination of such damages and/or claims.
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Dismantling of the booth must, however, take place by 19:00 PM on the day of the event at the latest, and no materials belonging to the exhibitor may remain at the venue beyond this point in time. The organizer may charge a fee of €50 per kg per day in removal and storage costs for any materials not completely removed from the venue after 19:00 PM on the day of the event.
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Bringing food or drinks for distribution to visitors is prohibited. Exceptions may be granted, however, in individual cases.
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When the exhibitor exceeds the booked area with his booth, the organizer is authorized to either bill an additional fee of at least 2,000 EUR or demand the deconstruction of the booth parts exceeding the booked area.
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The exhibitor is obliged to deliver their company logo in a printable vector format (EPS or similar). This may be used by the organizer unreservedly for promotional purposes.
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If the exhibitor has booked an appearance as a speaker at a workshop or on the main stage as part of their package, they must deliver the name and a printable photo (min. 1 MB) of the speaker via email at least three weeks in advance of the event. If a presentation is necessary as part of the appearance, this must be delivered by email at least 14 days before the event in 19:6 format as a PDF or PowerPoint file. It is not possible to use your own laptop for presentations. If this deadline is not met, it will either result in the speaker‘s appearance being canceled or a late fee of €850.00.
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If the exhibitor has booked One-on-One meetings, all required information must be delivered by the exhibitor up to six weeks before the event, otherwise the guarantee for 50% of the meetings will expire. Four weeks before the event, the guarantee expires for 70% of the meetings. Two weeks before the event, the guarantee expires for all meetings.
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Sub-exhibitors
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“Sub-exhibitors” are all companies that exhibit or appear (“appearance”) with their own personnel and/or own products (particularly goods and services) at the stand booked by the exhibitor; this is also the case if they have close financial or organisational ties to the exhibitor.
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The appearance of each sub-exhibitor requires the prior written consent of the organiser. The exhibitor must apply to the organiser for the acceptance of the appearance of a sub-exhibitor by submitting a completed registration form for sub-exhibitors. It is possible to cancel the appearance of a sub-exhibitor without charge up until the time at which the catalogue entry is published on the website. The application, the completed registration form for sub-exhibitors, and any cancellation of their appearance/registration must be made either in writing or electronically.
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The appearance of sub-exhibitors is subject to a fee that must be paid for each sub-exhibitor. The exhibitor and their sub-exhibitors are jointly and severally liable for the fees.
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The exhibitor undertakes to ensure that the sub-exhibitor complies with this Terms and Conditions and all relevant requirements. The exhibitor can be held liable for the acts of the sub-exhibitor.
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The appearance and the marketing, advertising or promotion of companies who are not appearing as exhibitors or sub-exhibitors is prohibited.
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Liability
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The organiser shall not be liable for services for which their sole involvement is as an intermediary.
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The organiser shall be liable without limitation in cases of intent or gross negligence.
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The organiser shall also be liable for minor breaches of its essential contractual obligations (cardinal obligations). Cardinal obligations are duties whose fulfilment is essential to the ability to execute the contract and on whose fulfilment the contracting party should regularly be able to rely and trust. In this case, the organiser’s liability for damages shall be limited to the typical foreseeable damages.
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In cases covered by Section 8.3, the typical foreseeable damages generally do not exceed the fees to be paid by the exhibitor. Liability for consequential damages is excluded.
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In the event of the assumption of a guarantee, in cases of fraud, in the event of death or personal injury, and in the case of compulsory statutory liability regulations such as under the compulsory liability under the German Product Liability Act (ProdHaftG), the organiser shall be liable in accordance with statutory provisions.
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In all other cases, liability on the part of the organisers hall be excluded.
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The above liability provisions also apply for non-contractual claims against the organiser, its various bodies, legal representatives, employees and other personnel.
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The exhibitor shall be liable to the organiser in accordance with statutory provisions insofar as there are no provisions to the contrary in these Terms and Condition.
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The exhibitor shall indemnify the organiser against third-party claims against the organiser arising from the culpable breach of the exhibitor’s duties; the exhibitor undertakes to reimburse the organiser for the costs entailed by defending such claims.
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Termination of the contractual relationship
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The exhibitor is entitled to terminate the Contract of Participation up to six months before the start of the event by paying 50% of the total costs. This termination must be made in writing.
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The exhibitor is not otherwise entitled to terminate or cancel the Contract of Participation. In the event that he participant is unable to take part in the event due to a reason for which they themselves are accountable, they are still obligated to pay the agreed fees; however, the organiser will reimburse the participant for any expenses saved and for any benefits accruing from putting the stand area rented by the exhibitor to a different use. As a rule, the organiser does not save any expenses after the date specified under Section 9.1.
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In addition to the reasons arising from statutory law, the organiser is entitled to terminate the Contract of Participation without notice in the following cases:
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If an application for insolvency proceedings has been filed in respect of the exhibitor’s assets; the exhibitor must inform the organiser of this without delay.
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If less than 50% of the event area allocated to exhibitors has not been booked by the registration deadline;
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If the exhibitor breaches their obligation to operate. If the reason for termination is based on the breach of an obligation arising from the Contract of Participation, the termination is generally not permitted until the expiration of an appropriate grace period allowed for remedial action to be taken or following the issuance of a warning. This does not apply in cases were providing a deadline or issuing a reminder is not required under the law. This is without prejudice to the organiser’s right to demand the payment of damages in the event of an extraordinary termination if statutory requirements are met.
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Consent to data transmission
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Due to the fact that the organiser is a subsidiary of CloserStill Media Ltd, the exhibitors’ data will be utilised within the CloserStill Media Ltd corporate group.
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The organiser collects the registration data (contact details such as the company, contact persons, address, phone number, email address, URL) and order data, and it uses these for the performance of the contract. Insofar as additional service providers are contracted, these service providers will receive the collected data (company, contact person, address, phone number and email address) for the performance of stand construction or for the provision of additional services. In addition, the name (company, contact person) and address will be used for the purposes of written advertising. The phone number will be used for advertising purposes if express consent is given or if the requirements are met for the presumption of consent. The organiser uses the email addresses that are collected to provide additional information on similar products and services that they themselves offer. It is possible to object at any time to the use of one’s own data for advertising purposes –such as by sending an email to info@servicesummit.de.
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The exhibitor consents to the transfer of the data collected during registration to CloserStill Media Ltd and its subsidiaries. This involves the following data: company, address (street, postcode, town/city), phone number, URL, name of the owner / marketing director / contact person (and their position) for processing purposes for the trade fair that has been booked / date of the trade fair / scope of services booked for the trade fair.
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The exhibitor also consents to the company being named as an exhibitor within the framework of all communication measures related to the trade fair (press releases, print and online publications).
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The organiser and their partner for data collection cannot provide exhibitors with any data on the visitors. Should the exhibitor make use of the Lead Management System that is included in the ZP Service Package, they will only be able to access the data provided by visitors in the registration process that they have voluntarily made available to the exhibitor. The organiser shall not be liable for the correctness or completeness of visitor data.
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Audio and video recordings
The exhibitor hereby gives their consent to the publication of images of individual exhibits. Information on photographs and the rights thereto pursuant to Article 13 of the General Data Protection Regulation (GDPR) is available online at the website. -
Radio frequencies
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Due to the fact that WiFi networks could interfere with the operations of other exhibitors if their configuration is not controlled, the organiser’s rules for the use of exhibitors’ own radio frequencies must be complied with.
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If the exhibitor wishes to use their own radio frequencies, before activating these they must submit an application to the organiser(in writing or electronically) to register this and receive written approval from the organiser.
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In the event that an unregistered exhibitor-operated WiFi network disrupts other networks or the venue’s own WiFi network, the venue shall be entitled to demand that the exhibitor adjust the parameters thereof; if the disruption continues, the venue may demand that the WiFi network be deactivated. In the event that the aforementioned requirements are not observed, the exhibitor’s entire data line may be temporarily or permanently switched off. The exhibitor will be invoiced for the cost of this measure.
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Final provisions
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All claims or complaints related to the event, the organisation and the presentation of the event (including the venue) must be presented to the organiser in writing within the limitation period of two weeks after the end of the event. Claims by the exhibitor against the organiser shall be time-barred six months after the end of the month in which the final day of the event falls. Notwithstanding this provision, claims by the exhibitor pursuant to Section 8.2 and Section 8.5 shall be time-barred in accordance with statutory provisions.
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Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, both parties to the agreement undertake to replace any invalid provision with a valid provision that most closely achieves the commercial purpose intended by the invalid provision. This shall also apply in the event of a gap in the provisions.
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The law of the Federal Republic of Germany shall apply exclusively to these Terms and Conditions and to all legal relations between the organiser and the exhibitor, to the exclusion of the provisions of international private law. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
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Insofar as the exhibitor is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction (including internationally) for all disputes arising either directly or indirectly out of or in relation to this contractual relationship shall be Hamburg, Germany. This shall also apply if the exhibitor is an entrepreneur according to Section 14 of the German Civil Code (BGB). However, the organiser is entitled to proceed against the exhibitor at their place of general jurisdiction or at any other permissible place of jurisdiction.
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These Terms and Conditions have been compiled in German and translated into other languages. In the case of any doubt or of a deviation between the German version and the foreign language version, the German version shall be definitive for both parties to the contract.
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Trailblazer Summits GmbH | Hamburg, 29. April 2024