General terms and conditions

Last update: 4/11/2025

General Terms and Conditions of Vogel Event Solutions GmbH for advertising customers, exhibitors, and sponsors

Part A. General terms for all types of commission

1. GTC scope of application

1.1. These general terms and conditions (GTC) apply to any and all declarations of will, contracts, and contractual, or contractual-like actions of Vogel Event Solutions GmbH, Max-Planck-Straße 7/9, 97082 Würzburg (hereinafter “VES“), with its contracting parties and clients (hereinafter “CP“), particularly as part of commissions by advertising customers, and commissions by exhibitors and sponsors (hereinafter “commission”, business divisions advertising customers, and exhibitors and sponsors hereinafter jointly “business division sales“).

Part A of these GTC contains general conditions that also apply to the special conditions for exhibitors and sponsors in part B, and for organizers in part C. The special conditions in parts B. and C. are independent of each other ins terms of validity.

1.2 These GTC exclusively apply to entrepreneurs within the meaning of § 14 sec. 1 BGB (German Civil Code).

1.3 CP is any natural or legal entity or judicable partnership that sends VES a request, commissions VES, or acts in any other way for VES.

1.4 Terms and conditions of the CP that deviate from or contradict these GTC shall only apply if accepted in writing by VES. This also applies if VES performs services without any reservation in full knowledge of said GTC.

1.5. VES may change these GTC for good cause, whereby this right to change does not apply to essential contractual obligations. The CP shall be notified electronically or in writing of any changes. The CP may object to the updated version within two (2) weeks after said notification. Continuing the contractual relationship without objection after receiving said notification shall count as acceptance of the changes. An unjustified objection to the GTC may constitute grounds for termination without notice in individual cases.

1.6 These GTC are valid in their most recently updated form at the respective point in time of the legal transaction being concluded or the contractual-like relationship being entered. Unless agreed otherwise, they shall also apply to any future legal transactions or contractual-like relationships, even if not expressly agreed upon again. The respectively applicable version of these GTC can be found at https://legal.vogel.de/legal-cockpit/ves/agb/

2. Conclusion of contract

Offers from VES constitute a request to the CP to themselves make an offer for the conclusion of a commission. A commission between the parties is concluded when the CP has presented VES with a binding offer for the conclusion of a contract at least in writing and the acceptance of the services offered at the included conditions and subject to these GTC has been declared binding by VES and received by the CP.

3. Contractual relationships and contents

3.1. VES is an event agency for customized on- and offline B2B event solutions with own event locations in Würzburg.

3.2 The CP may commission VES with the planning, organization, and coordination of (on- and offline) events and related services. For this, the CP provides VES with all required information. Furthermore, the CP and VES designate a person that acts as the respective contact person of each party.

3.3 Additionally, as an exhibitor or sponsor, the CP can book services and content of VES’s respective event service packages for one or more events, in particular, CP may commission VES with the provision of exhibition space (in the case of in-person or hybrid event format) or with the provision of virtual presentation space and digital activities on the respective online event platform (in the case of hybrid and digital event format). The CP has no claim to admission to an event.

3.4 The services owed by VES according to sections 3.2 and 3.3 are hereinafter also uniformly referred to as the “subject of performance“. VES does not guarantee any commercial success.

3.5 Details of the event (date, location, schedule, technical details, etc.) shall be agreed by the parties in the commission in writing and binding. Duties and performance obligations VES also arise from the commission and its appendixes. VES does not owe the verification of the legal admissibility of advertising (in particular competition law, labeling law, food law, and pharmaceutical law), if this has not been expressly agreed otherwise in writing.

3.6 VES is entitled, at its own discretion, to perform the services itself, to use competent third parties as proxies for the performance of services under the contract, and/or to substitute such services (hereinafter “external services“). Any commission of third parties for performance of an external service is conducted by VES and VES will invoice the CP for the incurred costs.

3.7. Unless agreed otherwise, invoices are due for payment without deduction within thirty (30) calendar days of invoicing. CP shall reimburse travel expenses incurred by VES in connection with the provision of services. Travel expenses include in particular the costs for transportation (airplane, cab, rental car or, train), and accommodation. For flights, the costs are only reimbursable for the use of economy class, for train travel only for second class, and for accommodation only for a four-star hotel

3.8 The contractual agreements between the parties correlate as follows:

  • Commission including potential attachments,
  • these GTC, respective up to date version,
  • legal provisions.

In the event of any contradictions, the contractual bases shall apply in the order listed.

4. Warranty

If VES’s services have the character of a contract for services, the following provisions shall apply:

4.1. The CP has to notify VES immediately in writing of any defective service. As far as a rectification of defects is possible and feasible with reasonable effort, VES has the right to rectify defects for which it is responsible.

4.2. A defect exclusively exists if the subject of performance does not have the contractually agreed quality or is not suitable for the contractually required use. Negligible deviations shall not constitute a defect.

4.3. In the event of refusal, impossibility, failure, or unreasonable delay in the rectification of defects, the CP may, at their discretion, demand the rescission of the contract or the reduction of the remuneration.

4.4. Warranty claims of the CP shall become time-barred within a period of six (6) months after completion of the respective services.

4.5. The CP’s right of self-remedy is excluded.

4.6. VES shall be liable for consequential harm caused by a defect only in accordance with the liability provisions set forth in these GTC. This exemption from liability shall not apply if a warranty of quality was given which covers the consequential damage caused by a defect and if the damage caused by the defect stems from the lack of such quality.

5. Liability

5.1. If not differently regulated in the other provisions, VES shall be liable to the CP for damages due to breach of contractual or non-contractual obligations only in case of intent and gross negligence.

5.2 VES is only liable for slight negligence in the event of a breach of an essential contractual obligation (cardinal obligation), whereby liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are obligations which are essential to be fulfilled for the proper performance of this contract and on the observance of which the other party may regularly rely.

5.3 The liability for breaches of duty, which occurred neither intentionally nor grossly negligent, is limited to the sum of the contractual fees, which the CP has paid to VES for the period of two years prior to the occurrence of the damaging event within the scope of the specific contractual relationship. In the case of consequential damages and loss of profit, liability shall be limited to the foreseeable damage typical for the contract.

5.4 The limitations of liability also apply to legal representatives, executives, and proxies of VES. 

5.5 The limitations specified in sections 5.1 to 5.4 do not apply to liability for injuries to life, body, or health.

5.6 VES shall not be liable for the factual information about the CP’s products contained in the subject matter of the performance or the protectability under copyright, design, trademark, or brand law of the ideas, proposals, concepts, drafts, etc. delivered within the scope of the commission, unless this protectability was expressly agreed in writing as part of the contract.

6. Confidentiality and data protection

6.1. The parties shall treat as confidential all documents, information, and data they receive for the realization of the contractual relationship, and which are designated to them as confidential and shall use them only for the realization of the respective commission. In particular, commissions concluded between the parties shall also be deemed confidential. The parties shall impose a corresponding obligation on their employees and third parties involved in the commission, in particular subcontractors. Independent of the reason for a potential termination, these obligations shall remain in effect even after the termination of the respective commission for two (2) years from the end of the contract.

VES will treat data transmitted to the CP as confidentially as state-of-the-art technology allows; however, for electronic data transmission, VES cannot guarantee 100% confidentiality.

6.2. VES declares that its employees and proxies are bound by strict confidentiality and compliance with data protection, and that VES has taken all necessary technical and organizational measures to ensure the execution of the provisions of applicable data protection laws. If the subject of performance requires the conclusion of an order processing contract in terms of data protection law, an order processing contract can be requested.

7. Cession and offset

The CP may only transfer the rights and obligations arising from this contract given express written consent of VES. The CP may only offset claims of VES against undisputed or legally established claims.

8. Force majeure or other occurrences

Force majeure or other unforeseeable, inevitable, or unavoidable events for which VES is not responsible, and which make it substantially more difficult or temporarily impossible to provide the contractual services, including pandemic, strike, lockout, and regulatory actions, shall allow VES to postpone the performance of their services for the duration of the hindrance plus a reasonable start-up period. VES will immediately inform the CP of the occurrence of such hindrances to performance. If the delays resulting from an event in accordance with sentence 1 above exceed the period of six (6) weeks, and if an adjustment of the contract is not possible and not reasonable for either party, both parties are released from their performance obligations agreed upon in the commission. Services delivered by VES are to be remunerated by the CP according to their share. Damage claims are excluded in such a case.

9. Form

Text form is required for all agreements between VES and the CP, unless otherwise agreed in the respective order or in these GTC.

10. Data-Mining

VES expressly reserves the right to use its content for commercial text and data mining within the meaning of section 44b UrhG (Act on Copyright).

11. Self-promotion

VES as well as its affiliated companies within the meaning of §§ 15 AktG (Stock Corporation Act) are permitted to use work results or excerpts from the commissions, and also the name and brand of the CP, free of charge for the purpose of self-promotion, particularly for the purpose of reference advertising, also after the end of the contract term.

12. Place of execution, place of jurisdiction, and severability clause

12.1. Place of execution is Würzburg.

12.2. Place of jurisdiction for any arising legal disputes between VES and CP is Würzburg.

12.3. Solely the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

12.4. Should one or more provisions of these GTC be or become invalid or void, the validity of the remaining provisions of these GTC and the validity of the rest of the commission shall remain unaffected. This applies accordingly to the filling of a gap in the contract.

Part B. Special conditions for exhibitors and sponsors

These special conditions apply in addition to the provisions of part A. for the CP commissioning VES regarding the provision of exhibition space for in-person and hybrid events or, additionally for hybrid and digital events, if need be, with the provision  of virtual presentation options and the access to the online event platform for their exhibitor and sponsor activities according to their event service package of choice.

13. Participation

13.1. The admission to an exhibition space or online space at an event by VES communicated to the CP refers only to the registered CP and to the exhibition goods, presentation materials, and services confirmed in the note according to the event service package chosen by the CP.

13.2. The approval may be revoked by VES if it was granted on the basis of false or incomplete information, or if the requirements for approval subsequently cease to apply. The CP has no claim to admission.

14. Special conditions for in-person events, for in-person services as part of hybrid event formats

14.1 Space allocation

14.1.1. VES shall provide the exhibition space in the registered offer area in accordance with the specifications of the event service package booked in each case and in accordance with the provisions of this Part B. For hybrid event formats, VES shall additionally provide the CP with access to the online event platform in accordance with the respective event service package booked, and in accordance with the provisions applicable to digital events (sec. 15).

14.1.2. Special wishes of the CP (e.g. placement, neighborhood, stand design, competition exclusion, etc.) will only be bindingly taken into account if they are expressly confirmed by VES in the admission.

14.1.3. If it is reasonable for the CP, VES shall be entitled to allocate the CP an exhibition area in a different location from the exhibition area, to change the size of the exhibition area, to relocate or close entrances and exits to the exhibition grounds, if compelling technical or organizational reasons require it.

14.1.4. Without the prior consent of VES, the transfer of the CP’s rights stemming from the surrender contract, in whole or in part, to third parties is not permitted. The same applies to a transfer of the exhibition space allocated to the authorized CP, in whole or in part, to third parties.

14.2. Technical services, services

14.2.1. VES provides basic heating, cleaning, and lighting for the exhibition hall.

14.2.2. Installations of supply and disposal connections may only be ordered via VES or via a service provider commissioned by VES.

14.2.3. The CP shall be separately charged for the costs for installation and consumption of water, electrical and telecommunication connections of the individual stands, and any other services.

14.2.4. In addition to these GTC, the contractual basis for the participation of the customers in the events are the house rules of the operator of the respective event location as well as the organizational, technical and other provisions that are sent to the CP before the start of the event.

14.3. Cleaning, waste disposal

VES is responsible for cleaning the grounds, halls, and aisles. The CP is responsible for cleaning the exhibition area and waste disposal. Cleaning must be completed daily before the start of the event. If the cleaning and waste disposal is not done in a proper manner, VES, after setting an appropriate deadline, may hire a specialized company at the expense of the CP.

14.4. Guarding

The CP is obligated to guard their property themselves. VES shall not be liable for loss of and/or damage to the property of the CP, unless the damage was caused by VES intentionally or by gross negligence.

14.5. Operation and return of the exhibition stands

14.5.1. The stand must comply with technical and legal guidelines. If necessary, official permits and regulations, and construction and operational requirements must be obtained and fulfilled by the CP at their own expense. In case of non-compliance, VES is entitled to have changes made at the expense of the CP and, if necessary, to impose a stand block.

14.5.2. The CP is solely responsible for traffic safety on their stand, including all access points.

14.5.3. During the opening hours of the event, the stand must be made accessible to visitors. If the stand is not operated in accordance with the contractual agreements, VES may remove the stand at the expense of the CP and allocate the exhibition space otherwise. The CP shall not be entitled to a refund of the stand fees unless they can prove that VES was able to generate revenue from the alternative allocation of the stand space.

14.5.4. Stand construction and dismantling must be completed at the specified times. Stand construction and dismantling or other changes are not permitted, if it could lead to a disruption of the event. If stand construction and dismantling are not completed within the specified times, a lump-sum compensation regardless of fault of 25% of the rental price plus VAT is payable to VES in addition to the stand rental. This applies in particular to the dismantling of the stand before the start of the official dismantling period on the last day of the event.

14.5.5. After the end of the event, the space must be left in the same condition as it was when it was allocated to the CP. Damage or pollution caused by the CP may be removed at the CP’s expense without prior notice.

15. Online services for hybrid and digital events

15.1. Access to the online event platform, system requirements

15.1.1. Generally, the provision of access to the event platform, and the use of the functionalities of the event platform, and, if applicable, the provision of storage space for the data made accessible by the CP on the event platform to the agreed extent is the subject of booking services in connection with digital events or the digitally conducted part of hybrid events.

15.1.2. VES does not provide the CP with an access software. Generally, access is granted via a browser supported by the event platform and meeting the system requirements of VES. Unless noted otherwise in the specification of services of the respective event service package, these system requirements are:

  • A standard broadband Internet connection;
  • An up-to-date Internet browser;
  • For active participation: Headphones, microphone, and webcam/cam;
  • For passive participation: Speakers and headphone.

The maximum number of participants for digital seminars is five hundred (500) participants. In individual cases, the parties may agree on a higher number of participants.

15.1.3. The system requirements are part of the contract provisions. The CP must check in due time before their participation in the digital or hybrid event whether the connection to the event platform can be established, and, if applicable, quickly solve any technical malfunctions for which they are responsible. If a technical connection to the event platform cannot be established, VES shall be informed in due time.

15.1.4. VES does not owe the CP the provision and/or functionality of the browser.

15.1.5. The CP shall take the necessary precautions to prevent access to the event platform by unauthorized parties.

15.2. Availability of the event platform, additional service levels

15.2.1. VES guarantees the CP availability of the event platform including accessibility and reachability necessary for a successful execution of the respective event.

15.2.2. VES shall not be liable for any malfunctions, interruptions, or failures on the event platform that

a. VES is not responsible for, in particular impairments based on failures and/or malfunctions of technical systems and/or network components outside the area of responsibility of VES; this includes

  • failures caused by incoming cyber-attacks. This does not apply if VES is obligated to use virus protection programs, and these were not up-to-date at the time of the cyber-attack;
  • Failures caused by incorrect use of software or hardware on part of the CP.

b. maintenance work agreed with the CP or unexpectedly required maintenance work for which VES is not responsible or agreed workarounds (e.g. use of another event platform as an alternative).

15.2.3. The CP shall immediately notify the designated contact person of VES or the designated support contact person of VES responsible for the respective event of any disruptions, availability restrictions, or availability failures they notice. In the event of disruptions, VES assures to react within an appropriate and reasonable period of time and to find a solution, given the disruption be within their responsibility.

15.3. Duties of the CP, liability for illegal content, compliance with legal frameworks

15.3.1. The CP shall be liable for ensuring that, within the scope of the functions and digital presentation options available to them on the event platform, no racist, discriminatory, pornographic, youth-protection-endangering, politically extreme, or any other unlawful incident, or incidents violating official provisions or requirements occur, or that corresponding data are created and/or stored on the server of the operator of the event platform. In particular, the following actions on the event platform are forbidden for the CP:

  • Posting, distribution, offering, and advertising of pornographic content, services and/or products that violate the Youth Protection Act, data protection laws, and/or other laws and/or are fraudulent;
  • Use of content that may insult or defame VES or third parties or may damage VES’s reputation;
  • Use, provision and distribution of content, services and/or products that are protected by law or protected by third-party rights (e.g. copyrights) without being expressly authorized to do so.

15.3.2. Furthermore, the following activities are prohibited for the CP irrespective of any possible violation of the law, when posting their own content via the features of the event platform, and when communicating with other participants and/or moderators (e.g. by sending personal messages, by participating in forum discussion, or by writing guestbook entries):

  • Distribution of viruses, Trojans, and other malicious data;
  • Sending junk or spam e-mails and chain letters;
  • Spreading lewd, offensive, sexually oriented, obscene, or defamatory content or communication, and content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence, or illegal acts (both explicitly or implicitly);
  • Harassing other customers, participants, and/or moderators, e.g. by repeatedly contacting them personally without permission or contrary to the reaction of the person contacted, and encouraging or supporting such harassment;
  • Soliciting other customers, participants, and/or moderators to disclose passwords or personal data for commercial or unlawful purposes;
  • Distribution and/or public reproduction of content available on the event platform, unless the CP is expressly permitted to do so by the respective author.

15.3.3. The CP assures to own all rights, in particular all copyrights, rights of use, and ancillary copyrights to the contents posted by them. If the CP is not the author of the posted content, they assure the ownership of the unrestricted right of use to said content. The participant assures the ownership of unrestricted exploitation rights, the non-existence of third-party rights for the submitted content, and that no personal rights have been violated in the representation of people. The CP assures to have acquired the rights of all authors, ancillary copyright owners, trademark owners, and other rights holders mandatory for publication, exploitation, and making available to the public, in particular that people depicted have given their express consent to the exploitation and evaluation of the image as part of the application via the CP’s profile.

15.3.4. Each party shall designate to the other party a contact person authorized to give and receive information and declarations of intent, and who also assumes full responsibility for the orderly performance of the contractual services.

16. Advertising, marketing, press, specialist lectures

16.1. Advertising is admissible within the stand (for in-person or in-person parts of hybrid events). Outside the exhibitor’s stand – in particular on tables, wall surfaces, in stairwells, as well as in the corridors of the exhibition halls – advertising is only permitted for money given VES’s prior consent. The admissibility of advertising measures on the online event platform depends on the event service package booked by the CP.

16.2. Only advertising measures are permitted that do not violate statutory provisions or morality or are of an ideological or political nature. Visual, moving and acoustic advertising media, musical renditions, and product presentations are permitted in compliance with legal/official regulations, provided other customers are not unreasonably impaired. VES is entitled to prohibit the publication, distribution, and display of advertising material that may lead to objections and to seize any stock of the advertising material for the duration of the event. The same applies to making unlawful or otherwise objectionable advertising material or content publicly available on the event platform. In this case, VES may, depending on the severity of the violation and the extent of a complaint, exercise their domiciliary rights and, in particular, exclude the CP from participation in the event or block their access to the event platform, unless this is unreasonable for the CP.

16.3. VES is entitled to use the name and logo of the CP on advertising and marketing materials (e.g. advertisements, websites) for the preparation, advertisement and execution of the event free of charge. The CP is obliged to provide VES with a logo of appropriate quality.

16.4. Photography, video and film recordings of the exhibits are permitted, given the respective CP’s consent. VES is entitled to make or create photographs, film and video recordings, and drawings of the event, the stands and the exhibited goods or to have them made by the press and to use them for advertising purposes or general press publications free of charge. This section 16.4 shall apply accordingly to digital recording options for digital event formats, in particular to screenshots and screencasts, for example of digital presentation areas of the CP.

16.5. The organizer is entitled to restrict or prohibit performances that endanger or significantly impair the execution of the event.

17. Payment maturity

17.1. The agreed fees (rental of the exhibition space, advance payments for ancillary costs, advertising measures, access to the online event platform, etc.) are due upon receipt of the invoice.

17.2. VES is entitled to demand advance payment of the agreed remuneration. If the client fails to meet the payment deadline, VES may exclude them from participation in the event. The obligation to pay the agreed remuneration remains unaffected by this.

17.3. The CP shall bear the costs for travel to and from the event, overnight stays, and comparable costs.

18. Cancellation, changes

18.1. Unless otherwise stated or agreed in the commission or in the commission confirmation, the CP is entitled to cancel the commission in writing. A lump sum compensation shall be paid by the participant to VES in case of cancellation according to the following gradients:

  • Cancellation up to twelve (12) weeks prior to the agreed event: 25% of the agreed remuneration;
  • Cancellation up to eight (8) weeks prior to the agreed event: 50% of the agreed remuneration;
  • Cancellation up to six (6) weeks prior to the agreed event: 75% of the agreed remuneration;
  • Cancellation less than six (6) weeks prior to the agreed event: 100% of the agreed remuneration.

The client is entitled to prove that VES has not suffered any damage at all due to the cancellation or that the damage is lower than the flat rates listed above.

18.2. Furthermore, VES has the right to change the event for important reasons (e.g. changes to the program, the format (in-person, hybrid, or digital), timing, schedule, location, or venue), provided this does not cause the CP an undue disadvantage. VES will notify AG separately in text form of any substantial changes. Any changes shall also be published on the website. Thus, the CP must inform themselves in good time about such changes.

Part C. Special conditions for organizers

These special terms and conditions shall apply in addition to the provisions in part A. for the CP commissioning VES with the planning, organization, and coordination of an event and further related services, the details of which (date, location, sequence, technical details, etc.) are derived from the commission.

19. Obligations to cooperate, approvals, releases

19.1. The CP shall grant approvals and releases detailed in the commission in due time to ensure that workflow at VES and its suppliers and thus the jointly agreed objectives are untouched. Approvals and releases which are not provided or are provided late may cause additional costs which shall be borne by the CP. Approvals and releases are deemed granted if VES does not receive a statement from the CP within a period of seven (7) days after VES has sent the respective subject of performance to the CP. Acceptance shall be deemed granted at the latest upon use or payment of the remuneration.

19.2. The information provided by the CP serves as an essential basis for the services of VES. The CP guarantees VES the correctness of the information and is liable for any legal consequences of incorrect information provided.

19.3. If the CP fails to comply with their duty to cooperate, VES shall request the CP to do so within a reasonable period of time in writing. If the client does not comply with its information obligation despite a deadline to do so, VES shall be entitled, at its own discretion, either to provide its service on the basis of the information already available or to rescind from the contract. VES may also claim compensation for any expenses incurred by VES within the scope of the contractual relationship which were in vain or were additionally incurred as a result of the breach of duty by the CP. Further claims for damages remain unaffected.

19.4. If a concept or other service has to be modified due to the correction of previously provided information or as a result of the subsequent filing of information, this shall always be deemed to be an extension of the scope of services and shall be remunerated subsequently.

19.5. The expected number of participants must be announced no later than five (5) business days before the event. This stated number of participants is binding and must be adhered to.

19.6. If a risk assessment conducted by VES shows that additional safety precautions must be taken (e.g. provision of paramedics, etc.), the CP shall be obliged to take the corresponding precautions or to commission VES to do so.

19.7. The catering of the premises shall be carried out by the approved catering partners. The CP may propose another caterer in coordination with VES. There is no claim to admittance for the proposed caterer.

20. Organizer

20.1. The CP is the sole organizer of the event conducted within the scope of the contractual relationship. Given their role as organizer, the CP assumes sole responsibility for all liability-related matters for the visitors and participants of the event or for third parties.

20.2. The CP themselves shall be obliged to obtain, maintain, and comply with all required permits or conditions under public law that may be necessary for the execution of the event.

20.3. The CP shall be responsible, at their own discretion, for taking out appropriate, at least normal market, organizer’s liability insurance for personal injury and property damage for the period of the event.

20.4. The CP indemnifies VES against any liability for personal injury and property damage arising in the course of the performance of the event in accordance with this contractual relationship.

20.5. On all printed materials, posters, admission tickets, invitations, etc., the CP shall be indicated as the organizer in order to clearly signal a legal relationship being established between the event visitor and the CP.

20.6. When mentioning the name “Vogel Convention Center” (hereinafter “VCC“) on announcements of any kind (including on the Internet) printed materials, posters, and admission tickets, only the original VCC lettering and/or the original VCC logo shall be used. The corresponding templates are provided exclusively for this purpose via VES.

20.7 If the CP rents technical equipment from VES, all equipment must be checked for proper condition on handover. If, on return, equipment is found to be damaged, the CP shall either repair or replace said equipment even if it cannot be determined who caused the damage.

21. Provisions for the rental of premises and objects

21.1. The CP must treat rented furniture with care

21.2. After the event, premises shall be handed over to VES by the CP in clean-swept condition. Attachments of decorations, stages, or similar objects or materials to the walls, floors, and ceilings of the rented premises are not permitted. In particular, adhesive tapes may not be used and drilling or similar may not be carried out. Laminating glass panes of any kind inside and outside is expressly prohibited. The suspension of cross beams on the ceilings may only be carried out under the supervision of the hall master, or after consultation with VES. The electrical connection or any meddling with electrical installations requires the prior consent of VES.

21.3. Commercial image and sound recordings or transmissions require the prior written consent of VES.

21.4. VES provides basic heating and lighting for the exhibition hall.

21.5. Installations of supply and disposal connections may only be ordered via VES or via a service provider commissioned by VES.

21.6. The CP shall be separately charged for the costs for installation and consumption of water, electrical and telecommunication connections, and any other services.

21.7. In addition to these GTC, the contractual basis for the CP renting the premises are the house rules of the operator of the respective premises, as well as the organizational, technical, and other provisions that are made available to the CP before the start of the event.

21.8. The CP is responsible for cleaning the premises and waste disposal. Cleaning has to be conducted immediately after the end of the event. If the cleaning and waste disposal is not done in a proper manner, VES, after setting an appropriate deadline, may hire a specialized company at the expense of the CP.

21.9. The CP is obligated to guard their property themselves. VES shall not be liable for loss of and/or damage to the property of the CP, unless the damage was caused by VES intentionally or by gross negligence.

22. Provisions for booking online seminars

22.1. The subject matter when booking services in connection with online seminars shall generally be the provision of the online seminar software application, and the use of its functionalities, and the provision of storage space for the data provided by the CP to the agreed extent. The data may also include PowerPoint presentations, lists of participants, and other materials used by the CP upon their request. Participants are those users of the online seminar who make use of an offer of the CP, in particular such an offer to participate in an online seminar.

22.2. Here, the contractual relationship shall be established exclusively between VES and the CP. The participants of the online seminar shall not become parties of the existing contractual relationship between VES and the CP.

22.3. VES does not provide the CP with an access software. Access shall be made via a browser supported by the application that complies with VES’s system requirements. The respective system requirements are available via the URL Systemanforderungen – Legal Cockpit These are:

  • A standard broadband Internet connection;
  • An up-to-date Internet browser;
  • For active participation: Headphones, microphone, and webcam/cam;
  • For passive participation: Speakers and headphone.

The maximum number of participants for online seminars is five hundred (500) participants. In individual cases, the parties may agree on a higher number of participants.

22.4. The system requirements are part of the contract provisions. Before conducting an online seminar or participating in an online seminar, the CP needs to check in due time whether the connection to the virtual conference rooms can be established and, if necessary and within their realm or responsibility, remedy any existing technical malfunctions in due time. If a technical connection cannot be established, VES must be informed immediately.

22.5. VES does not owe the CP the provision and/or functionality of the browser.

22.6. The CP shall take the necessary precautions to prevent the use of the online seminar and the API by unauthorized parties.

22.7. The CP shall be liable for ensuring that no racist, discriminatory, pornographic, youth-protection-endangering, politically extreme, or otherwise unlawful incidents or incidents in violation of official regulations or requirements occur within the scope of the online seminars or that corresponding data are created and/or stored on VES’s server. This obligation of the CP shall also apply with regard to the contents posted by the participants of their offers. In particular, the following actions are forbidden for the CP and the participants of the online seminars:

  • Posting, distribution, offering, and advertising of pornographic content, services and/or products that violate the Youth Protection Act, data protection laws, and/or other laws and/or are fraudulent;
  • Use of content that may insult or defame VES or third parties or may damage VES’s reputation;
  • Use, provision and distribution of content, services and/or products that are protected by law or protected by third-party rights (e.g. copyrights) without being expressly authorized to do so.

22.8. Furthermore, the following activities are prohibited for the CP and the participants of the online seminars irrespective of any possible violation of the law, when posting their own content in the context of online seminars and when communicating with other participants and/or moderators (e.g. by sending personal messages, by participating in forum discussions, or by writing guestbook entries):

  • Distribution of viruses, Trojans, and other malicious data;
  • Sending junk or spam e-mails and chain letters;
  • Spreading lewd, offensive, sexually oriented, obscene, or defamatory content or communication, and content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence, or illegal acts (both explicitly or implicitly);
  • Harassing other customers, participants, and/or moderators, e.g. by repeatedly contacting them personally without permission or contrary to the reaction of the person contacted, and encouraging or supporting such harassment;
  • Soliciting other customers, participants, and/or moderators to disclose passwords or personal data for commercial or unlawful purposes;
  • the distribution and/or public reproduction of content available in the online seminars, unless the CP is expressly permitted to do so by the respective author.

22.9. The CP assures to own all rights, in particular all copyrights, rights of use, and ancillary copyrights to the content posted by them and/or the moderators added by them. If the CP is not the author of the posted content, they assure the ownership of the unrestricted right of use to said content. The participant assures the ownership of unrestricted exploitation rights, the non-existence of third-party rights for the submitted content, and that no personal rights have been violated in the representation of people. The CP assures to have acquired the rights of all authors, ancillary copyright owners, trademark owners, and other rights holders mandatory for publication, exploitation, and making available to the public, in particular that people depicted have given their express consent to the exploitation and evaluation of the image as part of the application via the CP’s profile.

22.10. Each party shall designate to the other party a contact person authorized to give and receive information and declarations of intent, and who also assumes full responsibility for the orderly performance of the contractual services.

23. Remuneration, prices, retainer

23.1. The prices stated in the individual commission shall be deemed agreed between the parties, plus the VAT applicable at the time of performance.

23.2. If VES provides additional services at the request of the CP, these shall be remunerated separately. The prices detailed in the commission apply accordingly. If the order does not contain any prices for the additional services provided, the respective VES price list for the corresponding service shall apply.

23.3. When commissioning services with a volume of more than € 10,000.00 net (calculated according to all commissioned services), the CP shall pay a retainer of 35 % of the order value upon conclusion of the contract. Apart from that, VES is entitled to demand an advance payment from the CP at any time.

23.4. Invoices are due thirty (30) days after receipt and payable to VES’s account.

23.5. Prep work, rehearsals, and the installation and removal of items brought in need to be agreed upon in writing, or they shall be added in full tot he duration of the event and shall be subject to remuneration.

23.6. Items brought in that are not removed after the end of the events can be removed against charge and/or be stored at a third party at the organizer’s expense. No liability of any kind shall be assumed for items brought in.

24. Maturity date of VES’s services

24.1. The maturity date of VES’s services shall be based on the joint agreements between VES and the CP who shall agree on a schedule in the commission and adjust it if necessary.

24.2 In the event of delays in performance for which VES is responsible, the duration of the grace period to be legally set by the CP shall be two weeks, given the nature of the services to be provided by VES allowing it and shall begin upon receipt of the written notice of grace by VES.

25. Term, termination, cancellation, change of the event

25.1. The contract term specified in the commission and the notice periods specified therein shall apply. There shall be no ordinary right of termination on the part of the CP in the case of a fixed-term commission.

25.2. In the event of significant violations of the contractual provisions, VES may terminate the contractual relationship without notice after issuing a warning in writing. Termination without notice may also be effected verbally during an event given significant disruption of public safety and order. In this case, the CP shall be obliged to immediately vacate and surrender all rental objects. If the CP fails to comply with this request, VES is entitled to carry out the evacuation at the expense and the risk of the CP.

25.3. The right to extraordinary termination remains unaffected. Serious grounds for termination exist in particular if (i) one party breaches essential obligations or (ii) repeatedly breaches non-essential obligations arising from the contractual relationship and does not remedy the breach within a reasonable period of time after being requested to do so by the other party, or (iii) insolvency proceedings having been instituted or impending against the assets of one party.

25.4. If this agreement is terminated or canceled by the CP prior to the commencement of its performance or prior to the commencement of the event, or if the CP withdraws from the agreement for reasons for which VES is not responsible, or if the event is canceled due to force majeure, VES shall charge a cancellation fee according to the following pattern:

  1. cancellation fee of 50% of the order volume up to six (6) months prior to the event;
  2. cancellation fee of 75% of the order volume between six (6) and three (3) months prior to the event;

Cancellation fee of 90% of the order volume if less than three (3) months prior to the event.

VES reserves the right to assert further claims for damages.

25.5. VES is entitled to withdraw from the contract if:

  1. security deposits and retainer payments are not paid on time;
  2. there is reasonable cause to believe that the event threatens to significantly jeopardize the smooth operation of business, public safety, or reputation of the house,
  3. the required official approvals are missing or are not provided in time;
  4. the CP lies about the purpose and content of the planned event.

25.6. Furthermore, VES has the right to change the event for important reasons (e.g. changes to the program, the format (in-person, hybrid, or digital), timing, schedule, location, venue) if it is reasonable for the CP. VES will notify AG separately in text form of any substantial changes. Any changes shall also be published on the website. Thus, the CP must inform themselves in good time about such changes.