Section 1: Scope
(1) These general terms and conditions (GTC) shall apply to all contracts concluded in
relation to the event Wireless IoT tomorrow between
Medienhaus Van Bocxlaer GmbH
Anja van Bocxlaer
Telefone: +49 (4131) 7895290
Fax: +49 (4131) 78952920
Tax ID (Umsatzsteuer ID): DE354447990
(herein after “organizer”)
and the companies exhibiting at this event (“customers” respectively “exhibitors”).
(2) These GTC shall apply only if the exhibitor is an entrepreneur (§ 14 BGB – German
Civil Code), a legal entity under public law, or a special fund under public law.
(3) These GTC shall apply, unless otherwise agreed, in the version that was effective at
the point of time where the exhibitor’s order was confirmed respectively in the most
current version that was communicated to him as a framework agreement also for
similar future contracts without the parties having to refer to them in each individual
(4) The organizer’s GTC shall apply exclusively. Conflicting or deviating general terms
and conditions of the exhibitor only then and insofar become an integral part of the
contract if the organizer explicitly agrees to their application. This consent
requirement applies in any case, also if, for example, the organizer renders services
without reservations while the organizer is aware of the exhibitor’s GTC.
(5) Individual agreements with the exhibitor made for an individual case (including
collateral agreements, supplements, and amendments) shall take priority over these
GTC. The content of such agreements, save for proof to the contrary, must be set
forth in a written contract or in the organizer’s written confirmation.
(6) Legally–relevant declarations and notifications made by the customer with regard to
the contract (e.g. setting deadlines, notice of defects, withdrawal or reduction
declaration) shall be made in writing and thus in written or text form (e.g. letter,
email, telefax). Statutory provisions on form and further proofs in particular when the
legitimacy of the declaring person is doubted remain unaffected.
(7) References to the validity of statutory regulations shall only have clarifying
significance. Even without such clarification, the legal provisions shall apply unless
directly amended or expressly excluded in these GTC.
Section 2: Conclusion of the contract
(1) The organizer’s offers are subject to change and are non–binding. The same applies
if the organizer gives the customer catalogs, technical documentation (e.g.
drawings, plans, calculations, referrals to DIN standards), other product descriptions
and records – also in an electronic form – in which the organizer reserves
ownership, copyright, and usage rights.
(2) The sending of a cost overview by the organizer is not a legally–binding offer for a
contract agreement. The exhibitor’s declaration to agree with the terms of the cost
overview is regarded as a contract offer that can be accepted by the organizer by
sending an order confirmation. Unless stated otherwise in the offer by the exhibitor,
the organizer shall be entitled to accept the contract offer within 10 days after its
(3) The exhibitor participation contract between the exhibitor and the organizer is
entered with the organizer’s order confirmation. If the content of the order
confirmation deviates from the exhibitor’s order, then the exhibitor shall be deemed
to have accepted the contents of the order confirmation, unless the exhibitor
expresses to the contrary in written or text form (letter, email, telefax) within two
weeks. Deviant booth or location allocation as well as non–consideration of special
requests and special characteristics, however, shall not constitute a right to express
to the contrary.
Section 3: Approval
(1) The organizer decides on the approval of exhibitors and their allocation. The offer to
participate in the exhibition constitutes no legal claim to participation. The organizer
has the right to limit the event to certain exhibitors, products, or visitor groups. The
exclusion of competing exhibitors may not be requested under any circumstance.
(2) The exhibition offer in principle follows the description and the title of the event.
Offers that contradict the character or the standard of the event can be – even
during the event – excluded. In this case, the organizer’s claims against the
exhibitor remain unaffected in these cases.
(3) The organizer can deny the approval without stating reasons or make it dependent
on the advance payment of the agreed payment amount.
(4) The catering of the event is exclusively organized by the organizer. Offering
gastronomic products against payment is not permitted. Exceptions hereto are
subject to the organizer’s written consent and must be provided in accordance with
the applicable statutory provisions.
Section 4: Obligation to operate
There is the obligation to operate, in other words, the booths booked by the exhibitor
shall be operated duly with exhibition material and qualified personnel during the
defined opening hours of the event. Removal of exhibits or dismantling of stands before
the end of the event is not permitted. In the event of infringement of this operation
obligation, the organizer is entitled to demand a contractual penalty of 10% of the
agreed payment, but at least € 1,000.00, for each hour on which the operation
obligation was not fulfilled. The claim to contractual penalty shall be asserted when the
obligation to operate was not fulfilled uninterruptedly for more than one hour.
Section 5: Other companies involved/co–exhibitors
(1) Using the booth area by multiple companies is only permissible if all companies
presenting, apart from the exhibitor with whom the exhibition contract was
concluded (main exhibitor), were reported to the organizer as co–exhibitors and are
approved by the organizer.
(2) Companies that, as a co–exhibitor, are present with their own personal and
exhibition material on the booth area that was rented by the main exhibitor shall be
notified to the organizer. The approval of the co–exhibitors depends on the criteria of
these GTC. Any other – even partial – rent or cession of the right to use of the booth
area to third parties is prohibited.
(3) The participation of co–exhibitors shall be, as a matter of principle, subject to a fee.
The costs associated with the participation of the co–exhibitor are charged to the
main exhibitor. For the co–exhibitor, the present GTC apply, insofar as they can be
applied. The main exhibitor shall make available to the co–exhibitors these GTC and
additional stipulations. The main exhibitor shall make the co–exhibitor accept the
obligations to the organizer. The organizer reserves the right to contact the
exhibitors directly or via commissioned third parties.
(4) If the main exhibitor fails to notify the organizer about co–exhibitors or gives
incomplete or incorrect information, the organizer is entitled to charge the co–
exhibitor a fee amounting to 20% of the booth rent according to the organizer’s own
calculations as if there was a duly notification.
(5) If a company rents a booth area as the main exhibitor but contrary to Section 4 does
not operate it itself or contrary to Section 5 paragraph 1 does not operate together
with (an)other exhibitor(s) but instead permits a third party to use the booth area,
the organizer is entitled at any time to exclude the third party from using the booth
area, to withhold the provision of services and/or to terminate the contract without
notice. This applies irrespective of whether the main exhibitor has notified the
organizer about the third party being a co–exhibitor or not.
Section 6: Rental objects, rental furniture
(1) Rental objects, rental furniture (system booths and furniture) must not be nailed,
painted, damaged, or altered in any way.
(2) Rental furniture shall be emptied and returned on the evening of the last day of the
event. The organizer shall not accept any liability for damages of rental furniture and
for any personal or company–related items left behind. The lessee is liable for all
damage and/or loss between delivery and return of the items rented by him/her even
if has he/she has already left the booth. Missing or damaged rental items will be
charged at the cost of replacement.
(3) Ordered rental booths and rental furniture shall be checked by the lessee for proper
assembly and completeness. The ordering party is liable for any loss or damage
after the handover.
(4) Rented furniture is to be returned or prepared for collection( emptying the
booth/cabin) by the booth personnel after the end of the event on the last day of the
event; this applies to rented booths accordingly. The exhibitor shall be liable for any
loss or damage occurring until the furniture is returned or collected. The ordering
party is liable for any loss or damage after the handover.
Section 7: Insurance, guarding, liability, warranty
(1) The general guarding of the area and the halls is upon the organizer or the operator
of the exhibition hall. The exhibitor is responsible for watching and guarding the
booth, also during assembly and disassembly times. The organizer accepts no
obligation for exhibition materials nor exhibits nor booth equipment. The organizer
also accepts no liability for theft or damages, losses, etc. happening during the
event, assembly and disassembly time, or delivery and pickup times.
(2) Every exhibitor is recommended to arrange a legal liability insurance at their own
expense, and, if necessary, arrange stand security and an insurance of the
exhibition materials. The stand security can in any cases only happen upon consent
of the organizer and in conformity with the guidelines and the conditions of the
organizer and the operator of the event location.
(3) The exhibitor shall have the right to a warranty claim, only if the claim arises from
limited fitness or unfitness of the contractual service, and only if in–spite of having
granted the organizer reasonable grace periods to remedy the problem, the
organizer could neither resolve the problem nor provide a replacement/substitute.
Section 8: Additional provisions
Part of this contract are the house rules of the event location and, if so, special
provisions that apply there as well as technical guidelines and regulations the exhibitor
receives before the beginning of the event.
Section 9: Prices and payment conditions
(1) If nothing else has been agreed upon, the prices current at the time of the contract
conclusion plus the statutory value–added tax shall apply.
(2) Prices for services, that are not listed can be requested and are no part of the
contract but require an additional written agreement. For all these orders, these
(3) The renting prices included are understood to apply to the duration of the event.
(4) With the sending of the order confirmation, the exhibitor will be charged with the
agreed fee. The invoiced amount shall be paid within 10 days from the date of
invoice. All invoice amounts are payable in Euros, without deduction and at no cost
to the receiver, to one of the accounts named in the invoice. The organizer is
entitled to provide services in whole or in part only against advance payment. The
organizer declares a corresponding reservation at the latest with the confirmation of
(5) The exhibitor shall be in default upon expiry of the aforementioned payment period.
During the period of default, interest shall be charged on the amount outstanding for
payment at the statutory default interest rate applicable at the time. The organizer
reserves the right to claim additional default damage. The organizer’s entitlement to
commercial maturity interest (§ 353 Handelsgesetzbuch / HGB German Commercial
Code) remains unaffected vis–à–vis merchants. The organizer is eligible in the event
of default to bar the exhibitor and possible co–exhibitors from the booth area until all
due payments have been made as well as to withhold the provision of services. The
organizer’s statutory right to withdrawal from the contract remains unaffected.
(6) The payment of the invoiced amount to the stipulated payment dates shall be
prerequisite to use the allocated exhibition space and to receive the exhibitor
(7) The exhibitor shall only be entitled to a set–off and retention right if the customer’s
counterclaims are finally adjudicated, undisputed, or recognized by the organizer.
(8) If, after entering in a contract, the organizer notices that her entitlement to the
agreed payment is at risk due to the exhibitor’s lack of performance (e.g. opening of
insolvency proceedings), from statutory regulations the organizer shall be entitled to
refuse service and – if applicable, after setting a deadline – to cancel the contract (§
321 BGB). This shall not affect the legal provisions concerning the dispensability of
fixing a time limit.
Section 10: Reservations
Cancellation, interruption, postponement, closure of the event
(1) The organizer shall be eligible to in justified exceptional situations change the time
and/or venue, curtail, abort, interrupt, partly close, or cancel the event. A justified
exceptional situation that warrants such a measure exists if sufficient factual
indications exist that the planned holding or continuation of the event can lead to a
concrete danger for health and life or for possessions of considerable value.
(2) The organizer is also entitled to the right as stipulated in paragraph 1 when due to
force majeure (e.g. official order or urgent official recommendation, labor conflicts,
terror or other danger to health and life, natural events, pandemics, epidemics), the
orderly running of the event is affected or at risk to an extent that the purpose
intended by the holding of the event could not be reached or only with significant
restriction for the exhibitors, visitors, or the organizer.
(3) The organizer makes the decisions according to paragraph 1 and paragraph 2 as
organizer at his own dutiful discretion. In making the decision, the interests of all
affected participants (in particular exhibitors, visitors, conference topics, speakers,
sponsors, etc.) must be taken into account both with regard to the purpose of the
event and with regard to the necessary safety considerations.
Legal consequences of cancellation, interruption, postponement, event
(4) In the case of a cancellation before the beginning of the event, the exhibitor shall
pay a cost contribution to cover the upfront costs incurred by the organizer for the
event amounting to 10% of the previously agreed price. Starting from the point of
cancellation, the organizer shall be released from the organizer’s contractual
(5) In the case of a change to the time and/or venue change or shortening of the
event’s duration before the beginning of the event, the contract shall be deemed
concluded for the new event location or time if not the exhibitor objects to the
organizer in written form immediately or no later than within two weeks after
receiving the notification. If the exhibitor objects, he shall pay a 10% share of the
(6) In the event of premature termination (cancellation, shortening), temporary
interruption or partial closure after the start of the event or in the case of a delayed
start, the obligation of the exhibitor to participate in the not–cancelled part of the
event and the obligation to make the full agreed payment remains. The exhibitor
shall be reimbursed proportionally for costs not incurred as a result of the
cancellation or partial closure (saved expenses).
Cancellation due to economic reasons
(7) The organizer shall be entitled, to refrain from holding the event with exercised
discretion and taking into account the legitimate interest of the exhibitors if the
economic viability is impossible to be met or if the number of registrations makes it
apparent that industry overview intended with the event is not ensured. With the
cancellation, the mutual performance obligation of both contract parties shall not
apply. The organizer shall be obligated to reimburse the exhibitor payments that
already have been made insofar the payed service had not been rendered at the
time of the cancellation. There shall be no claims of the exhibitor for reimbursement
of expenses in connection with the event already done or claims for compensations
due to the cancellation of the event.
Section 11: Assembly
(1) The assembly of the booths is only possible in the stated time slots. The exhibitor is
obligated to finish his booth in this time slot.
(2) In the event of non–compliance with the given assembly times and after one
reminder with fixing of a period to finish the assembly of the booth by the organizer,
he can allocate the booth area to a third party if the assembly is not finished within
the given deadline. This does not relieve the exhibitor from his obligation to pay the
full booth rent and incidental costs. Claims for damages shall be excluded.
(3) The exhibitor must leave the event location when the assembly time slot
communicated by the organizer is over. In case of violation, the thus arising cost
and damages shall be covered respectively reimbursed by the exhibitor.
(4) If an exhibitor does not arrive at the event, all claims to fulfillment of the contract
remain. The organizer reserves the right charge him for the arising additional effort
(relocation, decoration, or similar).
Section 12: Disassembly
(1) The disassembly of the booth must happen after the end of the event and only
within the given time slot for disassembly.
(2) The organizer is entitled to dispose of exhibits that were left behind at the expense
of the exhibitor. Booths or objects that were not removed before the end of the
disassembly time can be removed, destroyed, or stored by the organizer with his
due discretion without taking any liability for loss or damage.
(3) Damages done to the floor or the walls shall be remedied properly, otherwise, this
work is either done by the organizer or by order of the organizer to the expense of
the exhibitor. The same applies to damages done to the event building respectively
its facilities. Further damage claims remain unaffected.
Section 13: Entry tickets
(1) Exhibitors shall receive the agreed number of tickets as a part of the contracted
services. These tickets grant the right to visit the lectures as well as the exhibition.
(2) The exhibitor has the opportunity to purchase voucher codes. With these voucher
codes, third parties can purchase tickets from the ticket shop operated by the
organizer. When the voucher code is redeemed, the exhibitor shall pay the cost of
(3) Via the ticket shop, there is the opportunity to purchase group or name tickets. With
these tickets, an access batch is generated at the event location that grants access
to the event. On top of that, event tickets can be bought on–site at the POS.
(4) The returning of tickets shall not be possible. Name tickets can in principle be
passed on to all employees of the ticket purchasing company.
Section 14: Liability
(1) Unless otherwise results from these GTC and the subsequent provisions, the
organizer shall be liable on violation of the contractual and non–contractual duties
according to the relevant legal regulations.
(2) The organizer shall be liable for damages – no matter for what legal grounds – from
fault–based liability in case of willful intent and gross negligence. In cases of minor
negligence, the organizer is only liable, save for statutory liability limitations (e.g.
diligence exercised for own matters; insignificant breach of duty), for
a) losses arising from the violation of life, body or health,
b) for damages from the breach of an essential contractual duty (obligation, the
satisfaction of which only enables the proper execution of the contract at all and
with which the contractual partner relies and may as a rule rely on its
compliance); in this case, the organizer’s liability is, however, limited to the
reimbursement of the foreseeable, typically occurring damages.
(3) The limitations of liability stated in paragraph 2 also apply to breaches of duty by or
in favor of persons whose culpability the organizer shall take according to the
statutory provisions. They do not apply insofar in those cases in which the organizer
has maliciously concealed a defect or have furnished a guarantee for the condition
of the goods or claims of the buyer according to the Produkthaftungsgesetz
(German Product Liability Act).
(4) In the event of a breach of duty that is not attributable to a defect, the customer is
only entitled to withdraw or terminate if the organizer is responsible for the breach of
duty. A free right of termination for the customer (in particular in accordance with
Sections 650 and 648 BGB (German Civil Code)) shall be excluded. Otherwise, the
legal preconditions and legal consequences are applicable.
Section 15: Applicable law and jurisdiction
(1) For these GTC and the contractual relationship between the organizer and the
customer, the law of the Federal Republic of Germany excluding the international
uniform law, particularly the UN Sales Convention shall apply.
(2) In so far as the customer is a merchant in terms of the Handelsgesetzbuch (German
Commercial Code), or in so far as the customer is a legal entity under public law, or
a or special fund under public law is the exclusive – also international – place of
jurisdiction for all disputes arising from this contractual relationship the organizer’s
registered office at Lüneburg, Germany. This also applies if the customer is an
entrepreneur in the sense of § 14 BGB (German Civil Code). The organizer shall
be, however, entitled in any case to bring an action at the place of fulfillment
according to these GTC respectively a primarily individual agreement or at the
customer’s general place of jurisdiction. Statutory regulations of prime importance,
in particular exclusive jurisdiction remain unaffected.