- Scope of the General Terms and Conditions for Trade Fairs Exhibitions and Events of Einstieg GmbH
- These are the General Terms and Conditions of Einstieg GmbH (hereinafter referred to as „Einstieg“) in relation to trade fairs, exhibitions and events offered by Einstieg. The subject of these General Terms and Conditions is the regulation of the legal relationship between Einstieg and the customer in relation to the trade fairs, exhibitions and events offered by Einstieg.
- The offer of trade fairs, exhibitions and events is aimed exclusively at customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code) or legal entities, tradesmen and self-employed persons or freelancers.
- These General Terms and Conditions for Trade Fairs, Exhibitions and Events shall apply exclusively to the contractual relationship. Conflicting or more extensive terms and conditions of the customer shall not become part of the contract. They also have no effect if Einstieg has not objected to them in individual cases.
- Individual agreements between Einstieg and the customer take precedence over these General Terms and Conditions for Trade Fairs, Exhibitions and Events in the area of the respective individually agreed contractual condition (cf. § 305b BGB) and are then supplemented by these General Terms and Conditions for Trade Fairs, Exhibitions and Events. The order documents, such as in particular the order form, the offer, the online form, the e-mail history or the order confirmation as well as the invoice shall be deemed to be individual agreements that take precedence over these General Terms and Conditions for Trade Fairs, Exhibitions and Events. Individual agreements must be made in text form to be valid.
- General terms and conditions of third parties used by Einstieg to fulfill the service owed only apply insofar as their validity has been explicitly pointed out. In the event of contradictions between the General Terms and Conditions of third parties and these General Terms and Conditions for Trade Fairs, Exhibitions and Events, the provisions of these General Terms and Conditions for Trade Fairs, Exhibitions and Events shall prevail in case of doubt.
- Amendment to the General Terms and Conditions for Trade Fairs, Exhibitions and Events
- Einstieg is entitled to amend the General Terms and Conditions for trade fairs, exhibitions and events after conclusion of the contract, provided that this does not affect essential provisions of the contractual relationship and this is necessary to adapt to such developments that could not be foreseen at the time of conclusion of the contract and whose non-consideration would not insignificantly affect the balance of the contractual relationship. Material provisions are, in particular, those relating to the type and scope of the contractually agreed services as well as to the term and termination.
Furthermore, adjustments or additions may be made insofar as this is necessary to eliminate regulatory gaps that have arisen after conclusion of the contract. This may be the case in particular if case law changes and one or more clauses of these General Terms and Conditions for Trade Fairs, Exhibitions and Events are affected.
- Amendments to these General Terms and Conditions for Trade Fairs, Exhibitions and Events shall be notified to the customer in text form in time before they are scheduled to take effect. The customer has the right to object to the notified amendments. If the customer does not object to the amendments in text form within a reasonable period of notice specified by Einstieg in the individual case after receipt of the notification of amendment, the amendments shall take effect at the scheduled time and become part of the contract. The customer shall be specifically informed of this consequence in the notification of change. If the customer objects in due time, the previous terms and conditions shall remain valid. If the customer objects to the amended General Terms and Conditions for Trade Fairs, Exhibitions and Events, Einstieg has a special right of termination with one month’s notice. Einstieg must exercise this right of termination in text form within 4 weeks of the customer’s objection.
- Change of the contractually owed services and the price
- The services ordered can be changed after conclusion of the contract if this is necessary for good cause, the customer is not placed in a worse position as a result and there is no significant deviation from the original product to the disadvantage of the customer. A valid reason exists in particular if third parties from whom Einstieg obtains the necessary preliminary services for the execution of the contract change their range of services and if official requirements make it impossible to provide the service or make it considerably more expensive.
- Einstieg is entitled to increase the agreed prices after conclusion of the contract to the extent that there are price increases by third parties from whom Einstieg obtains the necessary preliminary services for the execution of the contract. The agreed prices will also increase to the extent that this is caused by an increase in value added tax or mandatory statutory levies.
- Changes to the services owed and the price shall be notified to the customer in text form in time before they take effect. The customer has the right to object to the notified changes. If the customer does not object to the changes in text form within a reasonable period of time specified by Einstieg in the individual case after receipt of the change notification, the changes shall take effect at the planned time and become part of the contract. The customer will be specifically informed of this consequence in the notification of change. If the customer objects to the change in the services owed or the price, Einstieg is entitled to terminate the contract with one month’s notice. Einstieg must exercise this right of termination within 4 weeks of the customer’s objection.
- Conclusion of contract
- The customer usually places a binding order for the desired service using the order form or online order form provided for this purpose. This order can also be placed by digital signature of the customer. The order is placed on the basis of the order documents (offer, e-mail history, online form, order form, order confirmation), the price stated on the order documents and these General Terms and Conditions for Trade Fairs, Exhibitions and Events.
- If the order is concluded by telephone, verbally or online, a confirmation letter in text form is required from Einstieg. Likewise, other verbal agreements require confirmation in text form by Einstieg.
- The contract is concluded upon receipt of an order confirmation from Einstieg in text form, or implied upon performance of the service by Einstieg.
- With the order the customer assures to be entrepreneur in the sense of § 14 BGB, legal entity, trader or self-employed person or freelancer.
Furthermore, the customer assures that he has completely and truthfully provided all information regarding contractual data that is collected upon conclusion of the contract. Such contract data are in particular information about the customer’s company, legal form, name of the person authorized to represent the customer, postal address, e-mail address, telephone and fax number and account details as well as billing address.
Furthermore, the customer assures that he has all rights necessary for the execution of the order. These include in particular, but are not limited to, rights relating to professional rights, competition rights, trademark rights, copyrights, personal rights, data protection rights and rights to a name. Separate reference is made at this point to the customer’s indemnification obligation and liability pursuant to Section 8 of these General Terms and Conditions for Trade Fairs, Exhibitions and Events.
- Einstieg is entitled at any time to reject orders at its own discretion or to withdraw from the contract without the customer incurring any claims for damages if it becomes apparent that the content or form of the service owed violates changed legal regulations.
- Furthermore, Einstieg has the right to withdraw from the contract if there are reasonable doubts about the customer’s creditworthiness.
- Subject of the contract
- The contract documents, in particular the order form or order confirmation and these General Terms and Conditions for Trade Fairs, Exhibitions and Events, form an integral part of the contract. Individual agreements require confirmation by Einstieg in text form to become effective.
- The subject matter of the contract is the service ordered by the customer in each case. Einstieg offers the customer services in two categories: On the one hand, these are services in the context of a live trade fair, exhibition or event, such as the provision of an exhibition stand at a trade fair organized by Einstieg.
In addition, Einstieg also offers the customer services in the context of trade fairs, exhibitions or events held online, such as the opportunity for the customer to present itself to visitors to a virtual trade fair via a virtual event platform and to establish contacts. In addition to the services in the individual areas, Einstieg also offers combination packages from both areas.
- The individual service components are set out in the order documents.
- Services in the area of live trade fair
- Stand allocation
- Stands will be allocated by entry according to content-related aspects specified by the event theme. The date of receipt of the registration is not decisive for the stand allocation. Special wishes of the customer will be taken into account as far as possible. Complaints must be made in text form within seven days of receipt of the stand allocation, otherwise it is deemed to have been approved.
- There is no entitlement to the allocation of a stand area in a specific hall area. Furthermore, Einstieg is entitled to make changes to the location and size of a stand, taking due account of the customer’s concerns, if technical and spatial conditions, official requirements, requirements imposed by the trade fair company or requirements imposed by the event manager make this necessary.
5.4.2 Design and equipment of the exhibition stands
Stand construction and design must comply with the statutory regulations and the special regulations of the respective trade fair, in particular fire protection, building regulations and other safety regulations. Einstieg may demand the removal of exhibits that could cause a significant disruption to trade fair operations or endanger the safety of customers and/or visitors. If the customer fails to comply with this request without delay despite a reminder, Einstieg is entitled to have the offending exhibits removed at the customer’s expense and risk. In the case of rented stands or equipment, the exhibitor must satisfy himself of the proper condition, roadworthiness and completeness of the rented items upon delivery and must notify Einstieg of any complaints without delay. If the stand is not manned at the time of delivery, the rented items shall be deemed to have been properly handed over when they are placed on the stand. The part of the exhibition stand over 2.50 m facing the neighboring stands must be designed with neutral visible surfaces (white or gray). If the construction height of 3.50 m is exceeded, either a neighboring zone of 1.0 m must be maintained or the written consent of Einstieg must be obtained. This also applies to banners and advertising structures. In addition, we refer to the technical guidelines of the respective trade fair companies.
5.4.3 Construction of the exhibition stands
The customer is obliged to complete the stand within the set-up times notified to him and exclusively on the stand areas allocated to him. Escape routes must be kept clear, fire protection equipment such as fire extinguishers must not be blocked and warning signs must not be covered. All materials used for assembly must be flame-retardant.
5.4.4 Stand supervision and application
The customer is obliged to staff the stand with competent personnel for the entire duration of the event. The demonstration of machines, acoustic devices, or of photographic equipment, as well as the use of other acoustic, visual and/or radio wave emitting devices (in particular WLAN or mobile radio access points, directional radio, etc.), including for advertising purposes, may be restricted or prohibited in the interest of maintaining orderly trade fair/exhibition operations. Einstieg reserves the right to use a public address system for announcements and announcements.
The success of the event depends, among other things, on all exhibitors maintaining the operation of their stands for the entire duration of the event. Therefore, customers are prohibited from dismantling or clearing their stands in whole or in part before the end of the event. In the event of culpable infringement, the customer undertakes to compensate Einstieg for the damage incurred, but at least for a contractual penalty in the amount of the stand rental fee. The trade fair and exhibition stand must be returned in its original condition, at the latest by the date set for the completion of dismantling. After this date, the customer is automatically in default of return, unless he is not responsible for the delayed dismantling. After the end of the date set for dismantling, stands that have not been dismantled or trade fair/exhibition goods that have not been removed will be removed by Einstieg without further reminder at the customer’s expense, excluding liability for loss and damage, unless Einstieg is guilty of intent or gross negligence.
5.4.6 Electricity, gas, water and wastewater connections
If the customer wishes to have utility connections, they must be ordered in time at the time of entry at the customer’s expense. Connections and equipment must comply with the relevant statutory provisions and may otherwise be removed from the event or put out of operation at the customer’s expense. The customer is liable without limitation for all damage caused by the use of connections that have not been reported or by installers not commissioned by Einstieg. Einstieg is not liable for interruptions or fluctuations in the performance of the gas, water or electricity supply, insofar as they are not due to its fault or the fault of its vicarious agents.
Complete or partial subletting of the stand and the offering of goods and services by third parties require the prior written approval of Einstieg. In the event of unauthorized subletting, other transfer of stand space to third parties or unauthorized offering or sale of goods or services, the customer undertakes to rectify the disruptive situation immediately upon request. In this case, the customer must also compensate the damage incurred, at least a contractual penalty in the amount of the agreed stand rent. In the event of unauthorized subletting or passing on to third parties, unless Einstieg demands that the subtenant vacate the stand, the exhibitor must pay the damage incurred, but at least an additional 50 percent of the stand rent.
- Services in the field of online events
- Einstieg also offers various services in the area of online events. Einstieg has – in cooperation with a service provider – an online platform that enables Einstieg to map various trade fairs and events online via a conference platform. Einstieg offers various trade fairs, events and meetings exclusively online; other events are offered live and are also supplemented by an online event.
5.5.2 We offer comprehensive opportunities for customers to present themselves and their own company at our online events. The contact options for the target group depend on the event platform used and can be found in the booking materials.
5.5.3 The customer is responsible for the necessary technical requirements. This includes, in particular, a stable Internet connection, functioning necessary hardware (e.g. PC, camera, microphone, etc.) and the use of a browser in its most current version. Einstieg is not liable for problems in this area.
5.6.1 Joint and several liability in the case of several exhibitors
If several customers and co-exhibitors rent a stand together, each of them is liable as joint and several debtor. The contact person for entry is the person whose full address appears on the application form as the customer. Correspondence will be conducted exclusively via this customer. He/she is authorized to receive and deliver on behalf of all contractual partners, and is also authorized to issue declarations of intent. Notifications to the representative named in the application shall be deemed to be notifications to all other customers and co-exhibitors. This also applies in particular to declarations of termination as well as acceptance and submission of offers to amend the contract.
5.6.2 Acknowledgement of the event conditions
By registering, the exhibitor acknowledges these General Terms and Conditions for the respective event (trade fair, exhibition, congress, festival, conference, etc.), the fire protection, building regulations and other safety regulations of the respective trade fair, as well as any special trade fair and exhibition conditions that may have been issued and the respective house rules as binding for himself and all persons employed by him at the event. The texts may be inspected upon entry and made permanently available upon request. Attention is drawn to the applicability of the Ordinance on Places of Assembly (Versammlungsstätten-Verordnung) of the respective federal state in which the event takes place. The domiciliary rights are exercised by Einstieg at the respective event. The statutory labor and trade regulations must be complied with.
- (Cooperation) Duties of the Customer
- The customer is aware that the provision of the contractually agreed services and their quality may be crucially dependent on its cooperation. For this reason, the customer is obliged to support Einstieg in the provision of the agreed services to the best of its ability, to create the necessary conditions for the proper execution of the order that lie within the customer’s sphere of operation and risk and, in addition, to fulfill the obligations imposed on it in accordance with this clause in a timely and complete manner.
- These duties include, but are not limited to, the following:
6.2.1 Contract data
The customer is obligated to provide all contract data requested upon conclusion of the contract completely and truthfully. The contractual data shall include, in particular, details of the customer’s company, legal form, name of the person authorized to represent the customer, postal address, e-mail address, telephone and fax numbers and bank account details.
In addition, the customer must inform Einstieg immediately in text form of all changes to the contract data and all essential circumstances that are required for the execution of the contract. This includes, in particular, notification of changes to contact persons, business address and bank details.
6.2.2 Legal issues
6.2.3 Inadmissible contents
The customer is further obliged not to publish or disseminate any inadmissible content through the use of the contractual services.
In principle, inadmissible content is content that violates statutory provisions or the provisions of these General Terms and Conditions for Trade Fairs, Exhibitions and Events. This is the case in particular if the content
– violates legal regulations – in particular the German Basic Law (GG), the German Criminal Code (StGB), the Unfair Competition Act (UWG), the Copyright Act (UrhG), the Trademark Act (MarkenG) the Narcotics Act (BtMG) as well as the Youth Protection Act (JuSchG),
– contains racist or inhuman statements,
– is not religiously or politically neutral
– is pornographic or sexually offensive,
– has a character glorifying violence,
– violates the DSGVO and applicable data protection law,
– violates the rights of third parties – of any kind, in particular the right of personality.
– sets references to other Internet pages (hyperlinks) on which inadmissible content within the meaning of this section 8.2.3 is published and
Einstieg is under no contractual or other obligation to check the content and data entered by the customer. However, Einstieg will investigate any indications that content is illegal and, if necessary, take appropriate measures to put an end to this situation. If content entered by the customer is illegal or violates these General Terms and Conditions for Trade Fairs, Exhibitions and Events, Einstieg has the right to block and/or delete this content at its own discretion. In addition, Einstieg exercises domiciliary rights at the respective event and thus has the right to temporarily or permanently expel customers who publish or disseminate unlawful content as defined in this clause.
Special reference is made at this point to the customer’s obligation to indemnify and liability pursuant to Clause 10.
6.2.4 Maintenance of the exhibitor profile
The customer must maintain his exhibitor profile and the associated data via the online exhibitor service provided free of charge by Einstieg. Only by properly maintaining the data requested therein is it possible to properly display the customer’s event offers.
6.2.5 Legal consequences of a breach of (cooperation) obligations
Reference is made to the customer’s obligation to indemnify or liability in the event of a claim being made against Einsteig by third parties in the event of a breach of (cooperation) obligations pursuant to Item 10 of these General Terms and Conditions for Trade Fairs, Exhibitions and Events.
In addition, Einsteig shall not be in default with the performance of its obligations to perform insofar as delayed performance or failure to perform an obligation to inform, cooperate or other obligation on the part of the Customer is the (co-)cause thereof. In the event of delays in the provision of individual contractual services due to the customer’s failure to cooperate or delayed cooperation, Einstieg’s claim to remuneration and its due date remain unaffected.
- Granting of rights
- The customer irrevocably grants Einstieg the simple, but transferable right of use, unrestricted in terms of time, content and territory, to the extent necessary for the fulfillment of the contract with regard to the content provided and the results created as a result of the provision of the service.
- The customer agrees that Einstieg may use the results or parts thereof produced as a result of the service provision for reference purposes for its own advertising.
- Liability of the customer and indemnification
The customer shall indemnify Einstieg and Einstieg’s vicarious agents against all claims asserted by third parties against Einstieg or Einstieg’s vicarious agents on the basis of a breach of one of the above obligations. This also includes compensation for any resulting damage, including the costs of an appropriate legal defense.
- Warranty and liability of Einstieg
- The service is partly provided by means of software. The customer is aware that the use of software cannot be completely error-free. Therefore, Einstieg cannot guarantee error-free and uninterrupted service provision under all hardware and software constellations. However, Einstieg will endeavor to provide the service as free of defects and disruptions as possible.
- In particular, Einstieg does not guarantee the uninterrupted availability of the service or the quality of the services.
- Einstieg has no influence on the transport of data via the Internet. Therefore, Einstieg does not guarantee that messages sent will reach the recipient correctly.
- A specific performance result or even a specific success are generally not owed. If the provision of a specific service result has been expressly agreed and Einstieg is unable to provide the service result owed at the agreed time for whatever reason, Einstieg is entitled to make up for the service result owed.
- The customer is obligated to inspect the contractual services without delay and to notify Einstieg in writing of any obvious defects within 14 days of becoming aware of them, stating the defect.
- In the event of wholly or partially defective performance for which Einstieg or its partner is responsible, the customer has a claim against Einstieg for rectification of the defect. If the rectification is unsuccessful, the customer has the right to choose between a reasonable reduction in payment (abatement) or withdrawal from the contract. The rectification shall be deemed to have failed after the second unsuccessful attempt. Further claims of the customer are excluded.
- In accordance with the statutory provisions, Einstieg is liable for damages to life, limb and health that are based on a culpable breach of duty by Einstieg, Einstieg’s legal representatives, employees or vicarious agents, as well as damages that are covered by liability under the Product Liability Act.
- Unforeseeable events, such as force majeure, strikes, official measures, failures of means of transmission or other disruptions for which Einstieg is not responsible, release it from its obligation to perform and warranty. In such a case, Einstieg’s liability is also excluded in its entirety.
- Einstieg assumes no liability for the customer’s materials, content and services (e.g. provided logos, claims, advertisements, images, texts, product-, company-related and other information) that the customer makes available to us for the purpose of executing the contract or that the customer publishes or disseminates as a result of the services owed by Einstieg.
- For other damages not covered by the above paragraphs, liability on the part of Einstieg, regardless of the legal grounds, is excluded to the extent permitted by law, unless Einstieg is guilty of intent or gross negligence. In addition, liability in the event of slight negligence is not excluded if Einstieg is charged with the breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract (so-called cardinal obligation). In the latter case, liability shall be limited to the foreseeable damage typical for the contract, but no more than the sum of the annual order value.
- All claims of the customer against Einstieg are subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to the limitation of claims based on an intentional or grossly negligent breach of duty.
- Insofar as the liability of Einstieg is limited or excluded, this also applies to its service providers, legal representatives, employees or other vicarious agents.
- Except in cases prescribed by law, the customer may only withdraw from the concluded contract with the written consent of Einstieg. Einstieg can make the granting of consent dependent on whether the service owed can be awarded to another customer. In this case, the new placement is deemed to be the granting of consent; however, the original customer must bear the difference between the price agreed with him/her and the price achieved through the new placement, as well as the costs incurred by Einstieg as a result of the new placement.
- If the customer withdraws from the contract in a case not prescribed by law, Einstieg may, without prejudice to the possibility of claiming higher, actual damages, claim at least 30% of the agreed remuneration for the costs incurred in processing the order and for lost profit. This percentage increases to up to 100% in the event of withdrawal by the customer during the following periods:
– 6 months before the start of the event 50%
– 4 months before the start of the event 75%
– 3 months before the start of the event 100 %.
- The customer retains the right to prove a lesser loss, while Einstieg retains the right to claim a higher loss. Should it not be possible to arrange the service elsewhere, Einstieg is entitled, in the interests of the overall image of the event, to relocate another exhibitor to the unoccupied stand or to use the stand in another way. In this case, the customer has no right to a reduction in the stand rental fee.
- Einstieg is entitled to withdraw from the contract if the customer fails to pay outstanding invoice amounts despite two reminders. In this case, the customer remains obligated to pay the stand rental.
- Special agreements due to the COVID 19 pandemic
The parties authoritatively anticipate that any extension of the currently existing event bans will depend significantly on how the COVID-19 pandemic develops in the coming weeks and months. Having said this, the parties agree as follows:
If the event cannot be held on the agreed event date as a result of a general order, a prohibition order or as a result of an official order that includes the period of the contractually agreed event date, Einstieg is entitled to reschedule the event. The contract between the customer and Einstieg will also be valid for the new event date, provided that it is not unreasonable for the customer to be bound by the amended contract. In the event that it is unreasonable for the customer to be bound by the contract or in cases where it is not possible to reschedule the event, the cancellation fees stipulated by Einstieg in Clause 10.2 will be due. Claims by the customer for damages due to non-performance, in particular damages due to lost profits, are excluded insofar as the non-performance is based on the factual situation described above.
- Payment / Offsetting / Retention
- The price results from the order form or the order confirmation. All prices in introductory offers, price lists and other documents are net prices plus the statutory value added tax applicable at the time of performance.
- Invoices may be issued by Einstieg prior to performance of the service. Unless otherwise agreed in individual cases, the invoice amount is payable without deduction within 14 days of the invoice date to a specified bank account of Einstieg, quoting the order and customer number. The payment made is a mandatory prerequisite for participation in the trade fair.
- The contractual partner and thus the invoice recipient is the customer. A division of the invoice to several sub-exhibitors as well as subsequent invoice changes will be charged with a lump sum of 20 Euros per invoice.
- For each unpaid or returned direct debit, the customer must reimburse Einstieg for the resulting costs in the amount of a flat rate of 15 euros per transaction, insofar as the customer is responsible for these costs.
- Interest on arrears will be charged at a rate of 8 percentage points above the prime rate for claims for payment and at a rate of 5 percentage points p.a. above the prime rate for all other claims, cf. Section 288 of the German Civil Code (BGB). If Einstieg can prove higher damages caused by default, Einstieg is entitled to claim these. The customer reserves the right to prove that no damage or less damage has been incurred in the individual case.
- If the customer defaults on a payment, Einstieg can immediately call due the entire outstanding invoice amount for the remaining term of the contract.
- Einstieg reserves the right to charge reminder costs for reminders issued (in non-commercial business transactions only from the 2nd reminder). From 30 days after the due date at the latest, Einstieg may charge interest at the statutory default interest rate applicable at the time.
- Even during the term of the contract, Einstieg is entitled to make the further provision of services dependent on the settlement of outstanding invoice amounts in the event of objectively justified doubts about the customer’s ability to pay.
- The customer is only entitled to set-off and/or retention if the counterclaims have been legally established or are undisputed.
- For the purpose of fulfilling the contract, personal data of customers may be collected, stored and processed by Einstieg. This is done exclusively for the purpose of fulfilling the contract and in compliance with the regulations of the Federal Data Protection Act (BDSG) and the General Data Protection Regulation.
- In particular, Einstieg uses a secure transmission method for the transfer of exhibitor data.
- The place of performance and jurisdiction for both parties is the registered office of Einstieg, unless otherwise stipulated by law.
- All legal relationships arising from the use of the services shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
Melatengürtel 131 B
Telephone 0221 / 39 809 – 30
Limited liability company with registered office in Cologne
Commercial register: Cologne Local Court, HRB 31258
VAT ID No.: DE199669100
Managing directors: Dima Beitzke