General Terms and Conditions Trade Fairs Exhibitions
General Terms and Conditions for Trade Shows and Exhibitions Organized by Kernwasser Wunderland GmbH
1. Registration
1.1.
Registration to participate in a trade show/exhibition organized by
Kernwasser Wunderland GmbH
Trade Show Department
Griether Str. 110-120
47546 Kalkar
is completed by submitting the fully completed and legally binding signed registration form/registration confirmation or confirmation from the trade show organizer.
1.2.
The registration is considered an offer by the exhibitor to rent exhibition space plus any additional services (structures, etc.), which is subject to acceptance by the trade show organizer. Submission of the registration form does not constitute a guarantee of admission to participate in the trade show. The registration is binding, even if admission has not yet been granted by the trade show organizer. Receipt of the registration will be confirmed in writing.
1.3.
The rental price for the exhibition space as well as the prices for additional services (structures, electricity and water connections, etc.) are specified on the registration form. By signing, the registrant bindingly accepts the General Terms and Conditions for Trade Fairs/Exhibitors, as well as those applicable to hotel room reservations (available at www.wunderlandkalkar.eu/allgemeine-geschaftsbedingungen), and the current prices.
1.4.
If registration for participation occurs shortly before the respective event, surcharges will be applied to the base booth rental fee. These surcharges amount to 15% of the rental fee if registration occurs 15 days prior to the start of the setup period for an event.
1.5.
The registrant agrees that the information provided may be stored for the purposes of trade show administration and, if necessary, may also be disclosed to third parties. At the same time, the exhibitor agrees to participate in electronic visitor and evaluation programs and further consents to the dissemination of information regarding their participation via media, including the Internet.
1.6.
The exhibitor is liable for any damages resulting from inaccurate, incomplete, or incorrect responses on the registration form.
2. Confirmation / Rental Agreement
2.1.
Admission to the trade fair with the registered exhibition parameters will be confirmed in writing by the trade fair organizer. This concludes the rental agreement between the trade fair organizer and the exhibitor for the use of exhibition space and any additional services. There is no legal entitlement to admission.
2.2.
Ifthe exhibitor requests changes after the binding booking, a processing fee will be charged on a case-by-case basis.
2.3.
Thetrade fair organizer is entitled to revoke admission if the exhibitor is in default of payment of the participation fee, even if only partially, despite a reminder, if admission was granted on the basis of false information provided by the exhibitor or if this information subsequently ceased to apply, or if the exhibitor fails to comply with the conditions of participation, technical guidelines, or other legal provisions. In such cases, the trade fair organizer reserves the right to assert claims for damages.
3. allocation of the exhibition stand
3.1.
The division and allocation of the rented exhibition space is carried out by the trade fair organizer, taking into account the theme and structure of the respective event as well as the available space. There is no entitlement to a specific location. However, placement requests made in the application will be taken into account as far as possible. The chronological order in which registrations are received is not solely decisive for placement. The trade fair organizer is entitled to change the size, shape and location of the allocated space. The exhibitor shall be informed immediately of the necessity of such a measure and shall be notified of the changes with regard to the location, type or dimensions of the stand. Furthermore, it cannot be ruled out that the location of the other stands may change from the original plan at the start of the event.
3.2.
The possible changes mentioned under 3.1 do not justify any claims for compensation against the trade fair organizer. Likewise, the exhibitor is not entitled to withdraw from the contract for these reasons. Should the rented stand space be reduced as a result of a change, any overpayment made will be refunded accordingly.3.3.
It is not possible to exchange the allocated space with another exhibitor without the consent of the trade fair organizer.
4. transfer of participation / joint stands
4.2.
Applications for the inclusion of co-exhibitors must be submitted in writing to the trade fair organizer. The same conditions apply to co-exhibitors as to the main exhibitor. They are jointly and severally liable for the fees due for the exhibition stand and for any claims for damages resulting from the joint operation of the exhibition stand. The jointly exhibiting companies/organizations shall name a joint representative in the application.
4.3.
In the case of a jointly operated exhibition stand, a surcharge of 25 % will be levied on the stand rental fee for each additional exhibitor.
5 Terms of payment
5.1.
The stand rental and other services (registration form) must be paid to the trade fair organizer without deduction 4 weeks before the first set-up day of the respective event. Otherwise, the payment amount is due 8 days after the invoice date.
5.2.
If the invoice is issued to a third party on the instructions of the exhibitor, the exhibitor nevertheless remains the debtor of the claim. Payments, stating the invoice number, are requested to be made to the bank account stated on the invoice.
5.3.
In the event of late payment, the statutory default interest (§ 288 Para. 2 BGB) will be charged. The trade fair organizer further reserves the right to charge a processing fee of €5 per reminder letter from the 2nd written reminder. Furthermore, in the event of default, the organizer may refuse to execute the contract and withdraw the space allocated to the exhibitor. In this case, a cancellation fee of 25% of the stand rental will be charged.
5.4.
To secure all unfulfilled obligations of the exhibitor, the fair organizer can assert a lessor's lien on the equipment and exhibition goods brought in by the exhibitor. If the exhibitor fails to pay amounts due despite a reminder, retained items may be sold on the open market after written notification and a period of one week.
5.5.
We reserve the right to cancel the entire event due to the Corona regulations. Only in the event of an official government ban on holding the fair will we refund any amount paid.
6. withdrawal and non-participation
6.1.
Withdrawal from the application by the exhibitor is due up to the confirmation of admission by the trade fair organizer (before conclusion of the contract) against payment of a cancellation fee amounting to 100% of the rental price. This amount shall also be payable if the exhibitor cancels his participation after receipt of the confirmation of admission (after conclusion of the contract) and corresponding compensation can be achieved by renting the stand to another exhibitor. In the event of only partial compensation, a corresponding offset shall be made. Reference is made to § 537 para. 1 BGB.
6.2.
The trade fair organizer is entitled to terminate the contract without notice if insolvency proceedings have been applied for against the exhibitor's assets. The cancellation fee specified under 6.1. shall be charged.
7. stand equipment and operation
7.1.
All stand areas and other event areas shall be measured and marked by the trade fair organizer, who has the right of determination in case of doubt (§ 315 BGB). The stand boundaries must be observed. The prescribed stand height may only be exceeded with the express written permission of the organizer. The same shall apply to the display of particularly heavy exhibits. Anchors in the hall floor are not permitted.
7.2.
To ensure a good overall impression, the organizer may issue guidelines for stand design and furnishings that contain binding requirements. However, the design of the stand is the responsibility of the exhibitor.
7.3.
The exhibition stand must be adapted to the overall plan of the exhibition. The construction of unsuitable or inadequately equipped stands may be prohibited. The relevant statutory provisions and administrative regulations are binding for exhibitors and their clients.
7.4.
The stand must be appropriately occupied in good time, at the latest before the start of the event. If the exhibitor fails to occupy the stand in good time, the contractual relationship may be terminated with immediate effect. This does not apply to important reasons that excuse the failure to move in on time, provided that this is communicated immediately. The stand must be properly equipped and manned by competent personnel for the entire duration of the trade fair/exhibition within the specified opening hours. Premature departure from the exhibition stands is only permitted with the approval of the trade fair organizer. If an exhibitor leaves a stand prematurely without authorization, a contractual penalty of EUR 500.00 shall be forfeited.
7.5.
Demonstrations of any kind on the stand must not interfere with the stand operations of the neighbors. Demonstrations with unreasonable noise, dust, exhaust, dirt or odor nuisance are not permitted. If, in agreement with the fair organizer, the exhibitor wishes to play music on his stand, he is responsible for registering this himself and for paying the fees due (GEMA). The serving of food and beverages for a fee is generally prohibited.
7.6.
The exhibition area must be vacated within the specified time after the end of the exhibition. Any exhibits that are still there after the dismantling deadline may be removed at the exhibitor's expense.
8. exhibitor passes
8.1.
Two exhibitor passes are issued per stand for the duration of the exhibition or trade fair, entitling the holder to free admission. The passes are issued in the respective name and must be signed by the holder. They are non-transferable, may not be passed on to third parties and are only valid in conjunction with an official ID. In the event of misuse, the ID card will be confiscated without replacement. Any additional passes required are available for a fee.
8.2.
The trade fair organizer reserves the right to issue work passes to each exhibitor for auxiliary staff employed during set-up and dismantling, which they must carry with them during work. These are only valid during the set-up and dismantling periods and do not authorize access to the exhibition grounds during the event.
9. Advertising at the trade fair
9.1.
Advertising of any kind is only permitted within the exhibition stand for the exhibitor's own company and only for products manufactured or distributed by the exhibitor, insofar as these have been registered and approved.
9.2.
Stickers may only be affixed to the walls and floor within the rented stand area after consultation with the trade fair organizer. Illegally affixed stickers will be removed at the expense of the person responsible. Furthermore, the exhibitor is prohibited from attaching material to the walls or floor using rivets or staples. Visual, moving and acoustic advertising materials and product presentations are permitted, provided they do not cause a nuisance to neighboring stands and do not disturb or drown out the fair's own public address systems in the halls.
9.3.
Tombolas, competitions, quizzes, prize draws, etc. may not be held either in return for payment or for donations. The trade fair organizer is entitled to report on trade fair stands and exhibits at the trade fair in words and pictures and to use the recordings for event advertising.
9.4.
Carrying or driving around advertising media on the event grounds and distributing printed matter and samples outside the rented trade fair stand is only permitted with the express permission of the trade fair organizer. This also applies to approaching and questioning visitors outside the stand. Advertising of a political nature is generally not permitted.
9.5.
If permits have already been issued for advertising measures, these may be restricted or revoked by the trade fair organizer in the interests of maintaining orderly event operations.
10. direct sales
Direct sales at the event are only permitted if they are expressly authorized by the event-specific Conditions of Participation. Special arrangements for exhibitors are possible, but must be applied for and approved in writing. If, in consultation with the trade fair organizer, written permission is granted for the hand sale of goods and beverages for consumption on site, the exhibitor shall bear the fees due and undertakes to comply with all general statutory provisions. The sale of products that contradict the character of the trade fair is not permitted. Catering stands are generally not permitted.
11. liability / commercial legal protection
11.1.
The trade fair organizer does not assume any duty of care for exhibitors' exhibition goods and furnishings, regardless of the security measures it carries out. In this respect, liability for damage or loss is excluded.
11.2.
With the exception of personal injury and claims under the Product Liability Act, the trade fair organizer shall only be liable in the event of slight negligence in the event of a breach of material contractual obligations. In all other respects, reference is made to the statutory provisions.
11.3.
The exhibitor shall be liable for damage culpably caused to persons or property by him, his employees, his agents or his exhibits and equipment. It is recommended that exhibitors take out appropriate exhibition insurance.
11.4.
The trade fair organizer must be notified immediately of any damage.
11.5.
The trade fair organizer does not guarantee any special protection for inventions, samples and brands during the trade fair event.
12. security, cleaning and waste disposal
12.1.
Stand security and supervision during the daily opening hours of the event is generally the responsibility of the exhibitor, including during set-up and dismantling times. Outside the opening hours of the event, general supervision of the halls is carried out by the trade fair organizer without liability for loss or damage. At night, valuable, easily removable objects must be locked up by the exhibitor.
12.2.
If an exhibitor wishes to have additional security for his stand, he is obliged to engage the security company appointed by the fair organizer at his own expense. Employees of the exhibiting company or the exhibitor may not be on the stand at night.
12.3.
The trade fair organizer is responsible for the general cleaning of the grounds and hall aisles. The exhibitor is responsible for the daily cleaning of the stand. The cleaning work must be completed by the time the exhibition facilities open each day. If the exhibitor does not have the stand cleaned by his own staff, only companies approved by the fair organizer may be commissioned by the exhibitor to clean the stand.
12.4.
In the interests of environmental protection and environmentally friendly exhibitions, the exhibitor is generally obliged to reduce packaging and waste; this also applies to the use of brochure material. If separate waste disposal systems are used, the exhibitor must participate in this and also bear any waste costs incurred as a result on a pro rata basis in accordance with the polluter-pays principle. If the exhibitor has left behind waste or other objects after vacating the stand area, the trade fair organizer is entitled to have these removed and destroyed at the exhibitor's expense.
13. technical management
13.1.
The trade fair organizer is responsible for the general heating and ventilation of the halls. All installations may only be carried out by it or by companies commissioned by it.
13.2.
Within the stand, installations may also be carried out on behalf of the exhibitor by other specialist companies, which must be named to the trade fair organizer on request. The exhibitor is liable for damage caused by faulty installations and machines and equipment that do not comply with the relevant regulations or whose consumption is higher than reported.
14. domiciliary rights
14.1.
The trade fair organizer exercises domiciliary rights throughout the exhibition grounds during the set-up, running and dismantling periods of the event. It is entitled to issue instructions. Bringing pets and taking photographs is only permitted with the approval of the trade fair organizer.
14.2.
The trade fair organizer is entitled to have photographs, drawings and film recordings made of the exhibition, the exhibition structures and stands and the exhibits and to use them for advertising and press publications without the exhibitor being able to object to this. This also applies to photographs taken by the press with the consent of the trade fair organizer.
15. reservation / force majeure
The organizer shall be entitled to postpone, shorten, extend or temporarily close or cancel the trade fair in whole or in part for compelling reasons for which he is not responsible, taking into account the interests of the exhibitors. In such justified exceptional cases, as in all cases of force majeure, exhibitors shall not be entitled to cancel or reduce the participation fee or to claim compensation.
16. general provisions
16.1.
If the contractual partner is a merchant, a person without a general place of jurisdiction in the Federal Republic of Germany, a legal entity under public law or a special fund under public law, the place of performance for all mutual performance obligations shall be the registered office of the trade fair organizer and the place of jurisdiction for all disputes shall be 47533 Kleve. However, the trade fair organizer is at liberty to assert claims against the contractual partner at his general place of jurisdiction.
16.2.
The legal relationship between the parties shall be governed exclusively by the law of the Federal Republic of Germany. Regulations of international sales law are not applicable.
16.3.
The exhibitor expressly grants the trade fair organizer his consent to store and process his data electronically, insofar as this is done within the limits of data protection regulations and is expedient for participation in the trade fair.
16.4.
Amendments, supplements and cancellations must be made in writing to be effective. Verbal collateral agreements do not exist.
16.5.
Should a provision of the GTC be invalid, this shall not affect the validity of the other provisions.
17. Terms and Conditions for Room Reservations
17.1.
The accommodation contract (rental agreement) is deemed concluded as soon as the room has been booked, confirmed, or—if a written confirmation was no longer possible due to time constraints—made available.
17.2.
Cancellations can only be accepted in writing. In the event of changes or cancellations of reserved hotel rooms, the following cancellation fees will be charged:
a. 90 to 60 days prior to arrival: 10% of the booked service
b. 59 to 30 days prior to arrival: 40% of the booked service
c. 29 to 14 days prior to arrival: 70% of the booked services
d. 13 to 7 days prior to arrival: 90% of the booked services
e. 6 to 0 days prior to arrival: 100% of the booked services
17.3.
Kernwasser Wunderland GmbH will endeavor, where possible, to reallocate unused rooms to other guests in order to avoid losses. Until the booked rooms are reallocated, the guest remains liable for the duration of the contract, subject to the above-mentioned cost provisions.
17.4.
The guest is obligated to pay Kernwasser Wunderland GmbH the agreed-upon prices for the services.
17.5.
Kernwasser Wunderland GmbH is entitled to demand a reasonable advance payment at any time. If this payment is not made by the requested date, Kernwasser Wunderland GmbH is immediately released from any agreements made.
17.6.
If the period between the conclusion of the contract and the provision of services exceeds 120 days, Kernwasser Wunderland GmbH reserves the right to adjust prices. Changes to the value-added tax rate shall be borne by the guest, regardless of the date the contract was concluded.
17.7.
The booked rooms are available from 3:00 p.m. on the day of arrival and until 10:00 a.m. on the day of departure. If the guest remains in the room past 10:00 a.m. on the day of departure without consulting the front desk, additional charges will apply.
17.8.
The guest has no right to be provided with specific rooms or facilities. Should agreed-upon rooms not be available, Kernwasser Wunderland GmbH is obligated and entitled to endeavor to provide an equivalent replacement on the premises or at other locations.
17.9.
Lost and found items will be held for a maximum of 14 calendar days. Shipping costs to the owner are at the owner’s expense.
17.10.
Invoices without a due date are payable without deduction within 10 days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The organizer reserves the right to prove lower damages, and Kernwasser Wunderland GmbH reserves the right to prove higher damages.
17.11.
Furthermore, the provisions listed under “General Provisions” apply. In cases of force majeure, there is no right to cancel, reduce the participation fee, or claim damages.
Kalkar, 2024
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