1. SCOPE OF APPLICATION

The following Terms and Conditions apply to all orders placed via our online shop. These also include the subscription terms for the print editions of “SCHULBAU Magazin” and “fassadentechnik” (“SUBSCRIPTION”) and apply to the entire business relationship between Cubus Medien Verlag GmbH (“Provider”, details in the Imprint) and the customer, provided the customer is a consumer within the meaning of § 1 KSchG (Austrian Consumer Protection Act).

2. CONTRACTING PARTNER, CONCLUSION OF CONTRACT

The purchase contract is concluded with Cubus Medien Verlag GmbH.

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

The Provider currently offers the following types of subscriptions:

1. Trial Issue: the customer receives one (1) issue of “SCHULBAU” or “fassadentechnik” free of charge for trial reading.
2. Annual Subscription “fassadentechnik”: Print+Digital or Digital only – this has a term of one (1) year and includes six (6) issues of “fassadentechnik”.
3. Annual Subscription SCHULBAU: Print+Digital or Digital only – this has a term of one (1) year and includes four (4) issues of “SCHULBAU”.
4. Combination Subscription: SCHULBAU and “fassadentechnik”: Print+Digital or Digital only – this has a term of one (1) year and includes four (4) issues of “SCHULBAU” and six (6) issues of “fassadentechnik”.

The subscription contract between the Provider and the customer is concluded as follows:

By placing an electronic / postal / telephone order, the customer submits a binding offer to conclude a subscription contract. The Provider reserves the right to reject offers without stating reasons. The offer is accepted, after full and irrevocable receipt of payment by the Provider, by sending the first issue of the publication to the customer.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language available for concluding the contract is German.

We store your contract data.

4. DURATION, CANCELLATION OF SUBSCRIPTIONS

Trial issues are delivered once and do not constitute a subscription. Annual subscriptions are initially valid for one (1) year from conclusion. If the customer does not cancel six (6) weeks before the expiry of the (extended) term of the respective subscription, it will be extended for the same term as before, under the conditions and prices valid at that time.

5. PRICES, DUE DATE

The prices for the available subscription types are announced and published by the Provider (“SCHULBAU Magazin”, “fassadentechnik”, online shop, printed materials, other media, etc.), and include fees and applicable taxes. Shipping costs within Europe are included in the subscription price (for other countries, shipping costs are calculated separately). The Provider reserves the right to adjust these prices (increase or decrease) if certain parameters outside the Provider’s control change, which influence pricing (taxes, duties, costs for raw materials, printing, personnel, transport, shipping, etc.).

The fee to be paid by the customer for the chosen subscription is due for payment in advance. Payment is considered made when the respective amount has been received / credited in full and irrevocably by the Provider. The Provider reserves the right to withdraw from the contract in case of non-payment or payment default by the customer.

6. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs may apply. You can find more details on the amount of shipping costs with the offers.

We only deliver by shipping. Self-collection of goods is unfortunately not possible.

We do not deliver to packing stations.

The customer must ensure that the provided data is correct and up-to-date at all times. The Provider is entitled to deliver to the customer’s last known postal address with debt-discharging effect.

7. PAYMENT

The following payment methods are generally available in our shop:

Credit Card

By placing the order, you simultaneously transmit your credit card details to us.

After your legitimation as the rightful cardholder, we will immediately request your credit card company to initiate the payment transaction after the order. The payment transaction will be carried out automatically by the credit card company, and your card will be charged.

PayPal

During the order process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we will request PayPal to initiate the payment transaction.

The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information can be found during the order process.

Apple Pay

To pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information can be found during the order process.

Google Pay

To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information can be found during the order process.

8. RETENTION OF TITLE

The goods remain our property until full payment.

9. TRANSPORT DAMAGES

If goods are delivered with obvious transport damage, please report such defects to the delivery person immediately if possible and contact us without delay. Failure to report a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

10. WARRANTY AND GUARANTEES

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The limitation period for claims for defects for used goods is one year from the delivery of the goods.

The above limitations and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents

• for injury to life, body, or health,
• in case of intentional or grossly negligent breach of duty as well as malice,
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is applicable.
• Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

For questions about our subscription, please contact our subscription service: Phone: +49 (0) 40 80 80 57 280, Email: abo@cubusmedien.de, Fax: +49 (0) 40 80 80 57 290

11. LIABILITY

For claims due to damages caused by us, our legal representatives, or vicarious agents, we are always liable without limitation

• for injury to life, body, or health,
• for intentional or grossly negligent breach of duty,
• for guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is applicable.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or vicarious agents, liability is limited in amount to the foreseeable damage at the time of contract conclusion, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

12. OTHER PROVISIONS

These General Terms and Conditions and the contractual relationship are subject to the law of the Federal Republic of Germany, with the exception of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of these General Terms and Conditions be or become unlawful, invalid, or ineffective, this shall not affect the validity of the remaining provisions. As long as the parties have not agreed on a different regulation, a regulation that is effective and that, as far as possible, takes into account the economic purpose of the provision and the intention of the parties when concluding this agreement, shall apply in place of the ineffective provision.

Amendments or additions to these General Terms and Conditions require written form; this also applies to waiving the written form requirement.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission has established a platform for online dispute resolution (OS), which can be accessed via the following link: https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in this dispute resolution procedure.

13. DATA PROTECTION

You can find our data protection declaration on our website.

General Terms and Conditions for Exhibitors

§ 1 SCOPE OF APPLICATION

These conditions apply to the contract between us, Cubus Medien Verlag GmbH, Knauerstraße 9, 20249 Hamburg, as the organizer, and you as the exhibitor.

Your deviating General Terms and Conditions shall only apply if we have expressly agreed to them in writing. We are entitled to amend these GTCs even after the conclusion of the contract for the ongoing contractual relationship in accordance with this provision. We will inform you in writing of the respective amendment and point out that the respective amendment will become part of the contract existing between us if you do not object to this amendment in writing or orally within a period of six weeks from the notification of the amendment. If you do not object within these 6 weeks, your silence shall be deemed consent to the amendment. If you object, the version at the time of the conclusion of the contract shall remain in force. Necessary changes or adjustments to the course of the event, such as adjustments to hygiene regulations or the program, are not covered by this provision.

§ 2 CONCLUSION OF CONTRACT, SUBJECT MATTER OF CONTRACT

The exhibitor contract is concluded only by written agreement. Our offer is contained in the submission of the registration form to you. You accept the offer by returning the completed and signed registration form to us by email within 7 days. The contract is then concluded under the given conditions. The contract is subject to the resolutory condition that no more exhibitors accept the offer than we have available spaces. In this case, we can withdraw from the contract within 5 days of receiving your registration form. The subject matter of the contract is the scope of services resulting from the registration form or the stand confirmation. Additional services can be booked for a fee according to the currently valid catalog. Our employees or freelancers are not authorized to make verbal ancillary agreements or give written assurances that go beyond the actual contract, unless we have expressly designated this person as authorized beforehand.

You cannot derive any claim to participation from a reservation or pre-registration, unless the reservation or pre-registration was expressly made binding by us. If the in-person event is transformed into a digital format, or if it has been agreed from the outset that the event can/will take place entirely or partially digitally, then § 21 applies.

In the mutual interest, you are obliged to observe the requirements of the venue regarding safety, fire protection, and hygiene. In individual cases, the guidelines of the venue take precedence. Furthermore, the terms and conditions, technical regulations, and safety regulations of the respective venue apply, which you acknowledge, submit to, and can obtain from us if required.

§ 3 EXHIBITOR FEES / PAYMENT TERMS

The agreed costs and fees are to be paid in advance immediately upon receipt of the request or invoice, but no later than before the start of construction, unless a different payment date has been agreed. In case of default, we are entitled to claim default interest of at least 5%, as well as actual damages. The receipt of payment in our account is decisive. If payment is not received at the latest 2 weeks after invoicing or 12 weeks before the start of the event, we are entitled to dispose of the stand space otherwise; however, we retain our claim for payment. You bear any costs associated with the payment/transfer. Stated prices are net prices plus legally owed VAT and are in Euros. The agreed stand fees are also to be paid if you do not occupy your stand or the area for reasons for which we are responsible and outside of force majeure. We can ask you to declare whether you will still occupy the stand; if we do not receive an immediate answer, we can assign the stand elsewhere or decorate the vacant stand. We can charge you for the costs of appropriate decoration. In the event of an alternative assignment to third parties, we retain our claim to the fees minus the income from the third party, but plus the costs for the additional effort incurred by us. The exhibitor fees only cover the standard fixed price resulting from the registration form. Additional equipment requests, rental costs, connections for telephone, WLAN, electricity and water, parking fees and other incidental costs, etc. are added. With the registration, you provide us with the texts/logos/data specified there or requested by us, which we need for a smooth exhibition stand. We can, if editorially necessary, change your texts, provided that the core content of the text is not changed. These texts can only be changed retrospectively against a compensation for expenses. For the content, § 9 applies in particular.

The invoice for Denmark can be billed separately via
Salooning Green Future ApS (without discounts and without VAT).

§ 4 STAND LOCATION AND ALLOCATION

We can assign the areas to exhibitors at our own discretion; a claim to a specific area only exists if this has been bindingly agreed in writing. We can relocate the assigned stand area, unless bindingly agreed, if the relocation is reasonable for you and does not impair the purpose of the contract. If changes become necessary due to unforeseen events (e.g., force majeure), it is agreed that changes and adjustments to stand areas and sizes shall always be considered a milder means before a cancellation/termination (cf. § 21 paragraph 1) and both contracting parties will first try to reconcile the necessity with the purpose of the contract. The provision of a stand space is subject to the condition that the exhibition stand, its contents, goods presented there, the manner of presentation, and the personnel do not annoy third parties, in particular do not disturb other exhibitors and do not conflict with the purpose of the event, and that no goods or services or objects are presented at the stand that infringe third-party rights (e.g., trademark rights). As the mildest means, we can have such goods or services or objects removed from the stand at your expense; in the event of serious violations (e.g., in relation to the total number of goods/services and objects, in the case of exceptionally high values that are in dispute, or in the event of repeated unauthorized presentation), we can close the stand or revoke its provision.

Any transfer of the area assigned to you to third parties (including sub-exhibitors) is only permitted with our prior written consent. You are then responsible for ensuring that the third party acknowledges and complies with our conditions. Our consent only releases you from the rights and obligations mentioned here if we have expressly agreed to this in writing.

§ 5 SPEED DATING – ADDITIONAL SERVICE, TERMS OF PARTICIPATION AND REMUNERATION

(1) The “Speed Dating” offered as part of the event is an optional additional service and is not part of the regular stand booking.

(2) The participation fee is EUR 70.00 per event day plus the applicable statutory value-added tax.

(3) Participation in Speed Dating requires registration by the exhibitor. By registering, the exhibitor bindingly declares their interest in participating. There is no right to acceptance of the registration or to the conduct of a certain number of discussions.

(4) The number of participants and the number of available discussion slots are limited for organizational reasons and depend on the organizer’s temporal, spatial, and personnel capacities.

(5) The allocation of participants, the assignment of discussion partners, the determination of discussion duration, and the specific design of the format are carried out by the organizer at their reasonable discretion, taking into account the purpose of the event. There is no right to personal address by the organizer or to a specific form of execution.

(6) The organizer is entitled to adapt the format of the Speed Dating for organizational reasons, in particular to change time slots, divide participants into groups, shorten discussion times, or convert the format into a structured networking format, provided that the essential character of the event is maintained.

(7) If the number of registrations exceeds the available capacities, registrations will be considered according to objective criteria, in particular the order of registration receipt, organizational aspects, or thematic suitability. There is no legal claim to participation.

(8) The participation fee arises upon binding registration for Speed Dating and is owed irrespective of individual economic success or the actual number of discussions held, provided that the exhibitor was given the opportunity to participate within the organizational possibilities.

(9) Should the Speed Dating not take place at all for reasons exclusively attributable to the organizer, the participation fee will be refunded. Further claims by the exhibitor are excluded, as far as legally permissible.

(10) The billing of the participation fee is done separately or together with the stand rental. The invoice amount is due for payment without deduction upon invoicing, unless a different payment term has been agreed.

§ 6 OUR SERVICES

Our specific services result from the individual contract. Unless otherwise agreed, we only provide an empty, ground-level area at the event venue. We can replace individual services with similar services, provided they are reasonable for you and do not impair the purpose of the contract. Services not utilized by you do not lead to a reduction of any agreed participation price, unless the non-utilization is due to our fault.

§ 7 SERVICES AND OBLIGATIONS OF THE EXHIBITOR

General rule: Our failure to control, sanction, or act does not expressly imply tolerance of any violations of these GTCs and agreements, and thus no claim for you to the continuation or protection of actions or omissions that are contrary to contract, law, or otherwise improper.

Unless otherwise agreed, you undertake to provide the following services:

Payment of the participation price and any incidental costs.

Construction, operation, and dismantling of your own stand area.

Disposal of your own waste.

Removal of your own packaging and promotional materials.

Operation of your own stand area, staffing of your own stand area in accordance with these conditions.

Bringing your own promotional material.

Fulfillment of your own payment obligations such as GEMA, Künstlersozialkasse (artists’ social security fund), permits, etc.

Observance of these General Conditions.

You bear the costs incurred for your services yourself.

You must set up and operate your physical stand/area in such a way that it does not exceed the area allocated to you and does not disturb or impair other (co-)exhibitors.

Your stand, stand constructions, and offered services and goods, as well as the conduct of your employees or assistants, must comply with the purpose of the event.

Glorification or trivialization of violence, war, racism, discrimination, extremism, and the like is prohibited and must be refrained from or prevented.

The use of weapons, weapon-like objects, dangerous items, or other content that may be harmful to health is prohibited.

Also prohibited are actions that could cause guests, participants, or other persons to disturb or impair the peaceful course of the event.

You are obliged to keep your area clean and tidy at all times.

You must keep your area fully and continuously staffed with expert personnel and registered (promotional) materials and goods throughout the entire event period. At least one person at the stand must be proficient in German.

You must operate your stand area until the official end of the respective event day. Earlier dismantling or leaving the stand is only permitted with our consent and only for an important reason.

You may only offer the services, products, and goods for which you are registered.

You are responsible for the equipment of the stand yourself, unless otherwise agreed.

You are responsible for the safe operation of the stand. Even an inspection or walkthrough, for example, by us, the operator of the venue, the fire department, or the public order office, etc., does not relieve you of your responsibility.

The location and size of the stand may not be changed or extended.

Any activities by you or your agents outside the stand (e.g., advertising) are only permitted with our prior, express written consent.

You may only carry out any kind of advertising at the event outside your stand with our prior express consent. The distribution of flyers and similar items is generally prohibited outside the area.

Advertising for third parties is also prohibited, unless these third parties are registered and approved co-exhibitors or sub-exhibitors.

You and your employees or your commissioned personnel may not consume alcohol or intoxicating substances, or be under the influence of alcohol or intoxicating substances, while on duty or before duty, during their presence at the event premises.

Drones or flying devices may not be used on the premises and within a radius of up to 500 meters around the premises boundary without our express written, prior permission. Our permission is always subject to any official permits, for the procurement and costs of which you are responsible.

You are obliged to follow our instructions or those of our security personnel. Claims against us arising therefrom are excluded, unless we are responsible for the necessity of the instructions.

We and our authorized personnel have the right to enter the stand and all adjacent areas at any time and to check compliance with the agreements and regulations.

Deliveries during the event:
Goods deliveries or collections and any vehicle access to the stand may only take place outside opening hours or event times. For any necessary subsequent deliveries during opening hours, no motor vehicle or similar means of transport may be used. In any case, traffic regulations and any requirements of the venue operator must be observed.

Expected deliveries of exhibition stands, exhibition materials, materials (brochures, etc.) before your own setup must be communicated to the venue in advance and clearly marked with a reference to the event for delivery and temporary storage. Delivery is possible a maximum of 1 day before the compact fair or 2 days before all other fairs before the start of the event. Earlier delivery is possible in consultation with the venue or us against an additional fee. The conclusion of a storage contract according to § 688 BGB (German Civil Code) is expressly excluded.

Operating hours of the stands correspond to the opening hours of the contractual event and will be communicated by us in advance. During operating hours, stand supervision must be ensured in sufficient form with expert personnel. The setup and dismantling times communicated by the organizer must be strictly adhered to.

Driving on the event area is prohibited during opening hours. You are responsible for the transport to, within, and from the exhibition area. The broom-clean handover to us is decisive for timely dismantling. Exhibition stands rented from the organizer must be handled with care. In particular, nailing, drilling, and gluing on all surfaces are prohibited.

Dismantling or removal is only permitted after the official closing hours of the event. Exhibition stands, exhibits, or other materials must be removed immediately after the end of the event, and the provided area must be handed over broom-clean; temporary storage may be possible after prior agreement and for a fee. The same applies to the temporary storage of any transport containers during the event. The conclusion of a storage contract according to § 688 BGB (German Civil Code) is expressly excluded. The exhibitor must compensate the organizer for damages caused by improper handling of the stand areas, structures, and facilities. In general, you are responsible for the transport of materials brought into the event venue. Driving on the premises is only permitted with our prior express permission. Parking on the event area is prohibited. The times for delivery outside event hours will be communicated by us in advance.

Vehicles that are permitted to enter the premises for loading or unloading must leave the premises immediately once the loading process is complete. Entry permits issued by us must always be filled out and clearly displayed in the vehicle. For this purpose, you must also provide us with the vehicle data. Driving on the premises is only permitted at walking speed. Vehicles and auxiliary machinery (e.g., forklifts) may only be used on the premises within the scope of their intended purpose. Driving on green areas and unpaved paths is not permitted. Any necessary special permits (e.g., for weights over 7.5t, for Sunday driving, etc.) must be applied for and paid for by you and proven to us.

Electricity, water, and other technical connections can be made available to the exhibitor against payment of connection and usage fees. Installations on supply lines may only be carried out by partner companies of the organizer. All equipment, systems, and installations of the exhibitor must comply with the relevant standards and event-related regulations and requirements.

At no time may escape routes, safety equipment, fire protection equipment (e.g., fire extinguishers, hydrants) be wholly or partially obstructed, blocked, covered, or otherwise impaired or misused. All stand components/materials must comply with safety and fire protection regulations and DIN standards and must be flame-retardant. Certificates of flame retardancy or of properly carried out impregnation must be kept ready at all times. All fire extinguishers must have a current inspection certificate not older than two years. The presence of fire extinguishers will be checked by us before the start of the event; regardless of such a check, you remain responsible for their functionality.

§ 8 SECURITY

Outside of event hours, we only provide general security for the event premises. You are solely responsible for securing and/or insuring your furniture, the items you use, and the items provided by us. If you wish to arrange security for your stand or equipment yourself outside of operating hours/opening hours, you must order or register this through us. Even in this case, we or our authorized personnel have the right to enter the stand at any time.

§ 9 SAFETY

Both you and we agree that regulations for the safety of visitors, participants, employees, and other involved persons of an event must be observed with the highest priority. This includes, in particular, accident prevention regulations and occupational safety regulations. This also applies if the contracting parties carry out the actual activity in another territory outside the Federal Republic of Germany where there are no or no comparable protective regulations. You support us in the implementation and enforcement of the safety concept. You will properly instruct your personnel and service providers in the safety concept or in the parts thereof that concern you and participate in any exercises and meetings regarding this. Ordered or generally recognized hygiene rules regarding infection and health protection must be strictly and continuously observed. You will also oblige other service providers commissioned by you, in particular subcontractors, to comply with these.

§ 10 USE OF TRADEMARKS, SIGNS, COPYRIGHTS

Both contracting parties assure that the respective other contracting party may publicly use names, works, titles, signs, and trademarks (hereinafter only: signs) for the purpose of contract execution and thereby each receives a simple right of use, and assure that these rights are free from third-party rights. Both contracting parties undertake not to attack or allow to be attacked existing intellectual property rights or trademark rights of the respective other. Insofar as the contracting parties jointly acquire rights to a sign in the future, the preceding paragraph 1 applies accordingly, with the proviso that both contracting parties are equally entitled rights holders. Both contracting parties also undertake, even after the conclusion of the contract, not to register or have registered the existing signs in Germany or in other countries, or otherwise use or have them used, in order to generate rights there. Registration can take place jointly or by means of a separate agreement. Insofar as the contracting parties or rights holders impose certain requirements on their signs from a legal point of view or from the point of view of corporate identity, this must be communicated to the other contracting party in advance. The pledging of the license rights in this contract is excluded. Documents, graphics, lists, drawings, and sketches and other objects created by the contracting party remain their property, unless the transfer of ownership is the subject of the contract.

If the event takes place entirely or partially digitally and you are given the opportunity to present yourself digitally, you are responsible for ensuring that the corresponding necessary rights are granted for any contractual uses by us. This also applies insofar as personal rights or personal data of your employees or assistants are concerned. Otherwise, § 21 applies. You shall indemnify us from any claims by third parties and costs arising from claims by third parties, insofar as the claim is based on a violation attributable to you of one of the regulations agreed herein, agreements from an individual order, from a later agreement, or against a legal or other regulation or other unlawful conduct.

This indemnification obligation continues within the scope of the statutory limitation period even after the end of the contract if the claim is made only after the end of the contract. This also applies if the contract was terminated prematurely due to force majeure or other events.§ 10 Confidentiality / Protection of Secrets You are obliged to use the contents of this contract exclusively as instructed and, moreover, to maintain confidentiality even beyond the end of the contract.

§ 11 CONFIDENTIALITY / PROTECTION OF SECRETS

You are obliged to use the contents of this contract exclusively as instructed and, moreover, to maintain confidentiality even beyond the end of the contract.

§ 12 RECORDING OF THE EVENT

We are entitled to take photo and/or video recordings at the event, observing the personal rights of guests and third-party rights, and to use these for reference and our own promotional purposes, unless you expressly reject this beforehand for an important reason. In any case, we are entitled to make recordings for documentation and evidence purposes. You are obliged to make corresponding agreements with other involved rights holders within your sphere of influence, in particular employees and subcontractors, from which our permission to record the performances and services according to paragraph 1 arises. You may only record the event with our prior express consent. In the event of consent, you are solely responsible for observing third-party rights (e.g., of the building owner, visitors, etc.).

§ 13 DATA PROTECTION

You are obliged to pass on the data protection information that we provide to you as a contractual partner to the responsible persons, contact persons, and subcontractors to be named by you, so that they are also informed about the data processing operations and data protection measures taking place at our company in connection with the contract. To the extent necessary, you and we will also enter into corresponding data protection agreements after the conclusion of the contract based on the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) (e.g., a joint controller agreement pursuant to Art. 26 GDPR or an order processing agreement pursuant to Art. 28 GDPR).

§ 14 INDEMNIFICATION OBLIGATION BY YOU AS AN EXHIBITOR

You are obliged to indemnify us against any claims by third parties and costs arising from a claim by third parties, insofar as the claim is based on a breach by you of one of the regulations agreed upon here, agreements from an individual order, from a subsequent agreement, or against a statutory or other provision or other unlawful behavior. This indemnification obligation continues to apply within the framework of the statutory limitation period even after the end of the contract if the claim is only made after the end of the contract. This also applies if the contract was terminated prematurely due to force majeure or other events.

§ 15 CONTRACTUAL PENALTY

You are obliged to pay a reasonable contractual penalty for each case of a culpable breach of the contract. In this case, we may determine the amount of the contractual penalty at our own discretion, the appropriateness of which can be reviewed in the event of a dispute by the court competent at our place of business. Any further claim for damages remains unaffected by the contractual penalty. This contractual penalty obligation continues to apply within the framework of the statutory limitation period even after the end of the contract if the reason triggering the contractual penalty only arises after the end of the contract or only becomes known to us after the end of the contract. This also applies if the contract was terminated prematurely due to force majeure or other events.

§ 16 WARRANTY AND LIABILITY BY YOU AS AN EXHIBITOR

The statutory provisions of the law on contracts for work and services apply to our warranty claims against you. Within the scope of your duty of care and diligence pursuant to § 278 BGB, you are responsible for the fault of persons who come into contact with the subject matter of the contract at your instigation (e.g., your employees, guests invited by you, customers, or craftsmen, transporters, technicians commissioned by you), unless these persons caused the damage only on the occasion of their access to the subject matter of the contract and/or fall under our area of responsibility. You bear the burden of proof that the person causing the damage does not fall under your duty of care and diligence pursuant to § 278 BGB.

§ 17 LIABILITY FOR YOUR SUBCONTRACTORS

If a subcontractor commissioned by you causes damage, we have the choice of primarily proceeding against this subcontractor first. In this case, you are obliged to name this subcontractor with a summonable address, to assign all rights or claims you have against this subcontractor to us, and to provide us with all documents and information required to enforce the claim, as well as to name your own employees and persons as witnesses with summonable addresses as far as possible. However, we may hold you liable at any time insofar as you, as the main contractor, commissioned the subcontractor. In this case, we are obliged to re-assign the rights or claims originally belonging to you back to you and to return any original documents provided to us.

§ 18 OUR WARRANTY AND LIABILITY

Guarantee liability is excluded. Likewise, the right to a reduction in price is excluded. However, the exclusion of the right to a reduction does not apply to defects that we have fraudulently concealed or to properties guaranteed by us. Furthermore, this exclusion does not apply to undisputed or legally established claims of the exhibitor. The reduction is also only excluded to the extent that the exhibitor is prohibited from enforcing the reduction by deducting the agreed price. He can/must assert and enforce any claims for recovery himself in accordance with § 812 BGB. Liability on our part for any defects in the subject matter of the contract existing prior to the conclusion of this agreement is excluded, unless these were fraudulently concealed by us or if it concerns property damage caused intentionally or through gross negligence by us, our employees, or vicarious agents, or if it concerns injury to life, limb, or health for which we, our employees, or vicarious agents are responsible as a result of intent or any negligence. We assume no liability for items brought onto the event site by you, unless otherwise agreed in paragraph 6. These items are stored on the event site at the exhibitor’s own risk. § 539 paragraph 1 BGB is excluded. We are liable for property damage and financial loss caused to you by us or our vicarious agents through slight negligence only in the event of a breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely. This liability is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. We are liable without limitation for property damage and financial loss caused to you by us or our vicarious agents through gross negligence or intent. We are liable without limitation for damage to life, limb, and health caused to you by us or our vicarious agents, i.e., for any type of negligence and for intent. The limitations of liability in paragraph 6 do not affect your claims arising from product liability and from mandatory statutory liability facts.

§ 19 CONTRACT DURATION AND TERMINATION

The contract is concluded only for the specifically agreed event and ends when it has been completely processed in the relationship between us and you. We may terminate the contract in the event of an increased and/or unforeseen risk situation or for good cause. The right of both parties to extraordinary termination remains unaffected. Otherwise, termination is excluded. In the case of recurring individual orders, the failure to issue an individual order corresponds to the termination of the framework agreement. In the case of recurring individual orders, the termination provisions mentioned here apply accordingly.

§ 20 FORCE MAJEURE AND (PARTIAL) NON-PERFORMANCE OF THE EVENT

In the event of force majeure leading to a cancellation, abandonment, or interruption of the event, we shall be released from our obligation to perform – in the case of divisible services, as far as reasonable for you, also partially with regard to the affected part (§ 275 paragraph 1 BGB). Insofar as we do not need to perform, our claim to your consideration also lapses (§ 326 BGB). Force majeure that makes the execution of the event impossible also makes the execution of the contract between you and us impossible. Impossibility exists according to § 275 paragraph 2 or paragraph 3 BGB. Force majeure also includes state, official, police, or judicial bans or orders to cease or cancel, unless a contractual partner has culpably caused this order.

§ 21 CANCELLATION

We may charge the agreed amount unless another exhibitor takes your vacated space. You will be released from your payment obligation to the extent that the new exhibitor has paid any fees that may have been newly or differently agreed upon. A new exhibitor is only considered a replacement if this exhibitor has become an exhibitor either exclusively through your actions or if all other stand spaces that were free from the outset are already occupied. If, following the admissions of other exhibitors as well as yourself, more than just your stand space becomes free, the priority principle applies to the subsequent occupancy by new exhibitors (i.e., if an exhibitor A cancels and their space becomes free, and then you cancel and your space becomes free, exhibitor A’s space would be filled first). In the event of a change to another exhibitor, we are entitled to charge for our additional expenditure with a flat rate of 20% of the originally agreed amount. You have the option to prove a lower loss than this flat rate; we have the option to prove a higher loss; in this case, a claim arises for the proven amount.

§ 22 TRANSFORMATION OF THE EVENT INTO THE DIGITAL REALM

As a milder measure before canceling the event due to an event within the meaning of § 18, we may move it entirely or partially to the digital realm, but are not obliged to do so. In the event of a move to the digital realm, the mutual contractual services are to be adjusted appropriately within the meaning of § 313 BGB. You have the right to withdraw from participation in such a digital event if participation is unreasonable for you. The withdrawal must be declared immediately after our announcement of the move to the digital realm.

§ 23 RESCHEDULING OF THE DATE

As a milder measure before canceling the event due to an event within the meaning of § 18, we may reschedule the event in terms of time and/or location. You have the right to withdraw from the contract if the new date and/or new location is unsuitable for you; a different venue in the same city at the originally agreed time is not a ground for withdrawal. The withdrawal must be declared immediately after our announcement of the relocation with the new location and the new date. Otherwise, the original contract is deemed to have been transferred to the new location and new date and is effective. In all other respects, § 19 applies accordingly.

§ 24 MISCELLANEOUS

You may only assign claims from the contractual relationship with us to third parties with our prior express consent. The place of jurisdiction for all claims arising from the relationship with you is our place of business. We are also entitled to choose the place of jurisdiction at your place of business. German law applies. You and we are obliged, if one or more regulations are ineffective/void/unfeasible for reasons other than the provisions concerning the law of General Terms and Conditions according to §§ 305 to 310 BGB or if a regulatory gap arises that needs to be filled, to replace them with an effective regulation or fill the gap that corresponds in its legal and economic content to the ineffective/void/unfeasible regulation and the purpose of the contract. § 139 BGB (partial nullity) is expressly excluded. If the ineffectiveness of a regulation is based on a measure of performance or time (date or deadline) specified in it, this regulation is to be agreed upon with a legally permissible measure that comes closest to the original measure.

General Terms and Conditions for Advertisements

1. An “advertising order” within the meaning of the following General Terms and Conditions is the contract between the publisher and the client regarding the publication of one or more advertisements or other advertising media of an advertiser or other inserter (hereinafter referred to collectively as “advertisers”) in a publication or in an electronic medium for the purpose of distribution.

2. A “contract” is an agreement for the publication of several advertisements or other advertising media, taking into account the discounts to be granted to the advertiser according to the price list, whereby the respective publication takes place on call by the client. Discounts are not granted to companies whose business purpose includes, among other things, placing advertising orders for various advertisers in order to claim a joint discount. In case of doubt, advertisements are to be called for publication within one year after the conclusion of the contract. If the right to call individual advertisements is granted within the framework of a contract, the order must be processed within one year since the appearance of the first advertisement, provided that the first advertisement is called and published within the period mentioned in sentence 3.

3. In the case of contracts, the client is entitled to call further advertisements within the agreed period or the period mentioned in section 2, even beyond the quantity of advertisements specified in the order.

4. If an order is not fulfilled due to circumstances for which the publisher is not responsible, the client shall, without prejudice to any other legal obligations, reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual purchase. The reimbursement does not apply if the non-fulfillment is based on force majeure within the publisher’s risk area.

5. When calculating the purchase quantities, text millimeter lines are converted into advertisement millimeters according to the price.

6. Orders for advertisements or other advertising media that are to be published only in specific issue numbers, specific editions, or in specific positions in the publication or in an electronic medium must be received by the publisher in such good time that the client can be informed before the advertising deadline if the order cannot be executed in this way. Classified advertisements will be printed in the respective category without this requiring an express agreement.

7. Advertisements that are not recognizable as advertisements due to their editorial design will be clearly identified as such by the publisher with the word “Advertisement.”

8. The publisher reserves the right to reject advertising orders or other advertising media – including individual calls within the framework of a contract – due to the content, design, origin, or technical form according to uniform, objectively justified principles of the publisher if their content violates laws or official regulations, if their content has been objected to by the German Advertising Council in a complaint procedure, or if their publication is unreasonable for the publisher. This also applies to orders placed at branch offices, acceptance points, or with representatives. Orders for other advertising media are only binding for the publisher after a sample has been submitted and approved. Other advertising media that create the impression of being part of the newspaper or magazine for the reader due to their format or presentation or that contain third-party advertisements will not be accepted. The rejection of an order will be communicated to the client immediately.

9. The client is solely responsible for the timely delivery of the advertisement text and flawless printing material or other advertising media. When delivering digital templates for advertisements or other advertising media, the client is obliged to deliver proper templates, in particular those corresponding to the format or technical specifications of the publisher, in good time before the start of the placement. The client shall bear the publisher’s costs for changes to the templates requested or caused by the client. The publisher will immediately request a replacement for recognizably unsuitable or flawed advertising material. The publisher guarantees the printing quality customary for the booked title within the scope of the possibilities provided by the printing material, as well as the specified resolution for electronic media. This only applies in the event that the client has met the format specifications and technical specifications of the publisher when delivering the advertising material.

10. In the event of completely or partially illegible, incorrect, or incomplete reproduction of the advertisement, the client is entitled to a reduction in payment or a flawless replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. The publisher has the right to refuse a replacement advertisement if this requires an effort that, taking into account the content of the obligation and the requirements of good faith, is grossly disproportionate to the creditor’s interest in performance or if this would only be possible for the publisher at disproportionate cost. If the publisher allows a reasonable period of time set for this purpose to elapse or if the replacement advertisement is again not flawless, the client has a right to a reduction in payment or cancellation of the order. In the case of insignificant defects in the advertisement or the publication of another advertising medium, cancellation of the order is excluded. The publisher is liable for all damages, whether from contractual breach of duty or from tort, according to the following provisions: In the case of gross negligence, liability in commercial transactions is limited to compensation for the typically foreseeable damage. In the case of simple negligence, the publisher is only liable if a material contractual obligation has been breached and only in the amount of the typically foreseeable damage. This does not apply to the client’s right of withdrawal in the event of a breach of duty that does not consist of a defect in performance and for which the publisher is responsible. Liability for injury to life, limb, or health remains unaffected. Likewise, liability under the Product Liability Act.
Complaints must be asserted within one week after receipt of the invoice and voucher, except in the case of non-obvious defects.

11. Proofs are only delivered upon express request. The client bears the responsibility for the correctness of the returned proofs. The publisher will take into account all error corrections communicated to it by the advertising deadline or within the period set when the proof was sent.

12. If no special size specifications are given, the actual print height customary for the type of advertisement will be used as the basis for the calculation.

13. The invoice is to be paid within the period specified in the price list, unless a different payment period or advance payment has been agreed upon in writing in individual cases. Any discounts for early payment are granted according to the price list.

14. In the event of default of payment or deferment, interest and collection costs will be charged. In the event of default of payment, the publisher may postpone the further execution of the current order until payment is made and demand advance payment for the remaining advertisements. If there are justified doubts about the client’s solvency, the publisher is entitled, even during the term of an advertising contract, to make the appearance of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, regardless of an originally agreed payment target.

15. Upon request, the publisher will provide an advertising voucher with the invoice. Depending on the type and scope of the advertising order, advertisement clippings, voucher pages, or complete voucher issues will be delivered. If a voucher can no longer be obtained, it will be replaced by a legally binding certificate from the publisher regarding the publication and distribution of the advertisement.

16. Costs for the creation of advertising material as well as for changes to originally agreed designs requested or caused by the client shall be borne by the client.

17. In the case of a contract for several advertisements, a claim for a price reduction can be derived from a reduction in circulation if, in the overall average of the insertion year beginning with the first advertisement, the average circulation stated in the price list or in another way or – if a circulation is not stated – the average actually distributed circulation of the past calendar year is fallen short of. A reduction in circulation is only a defect justifying a price reduction if it amounts to 20% for a circulation of up to 50,000 copies.
Furthermore, price reduction claims are excluded for contracts if the publisher has informed the client of the decline in circulation in such good time that the client could withdraw from the contract before the advertisement appeared.

18. In the case of box number advertisements, the publisher applies the care of a prudent businessman for the safekeeping and timely forwarding of offers. Registered letters and express letters for box number advertisements will only be forwarded by normal mail. Responses to box number advertisements will be kept for four weeks. Letters not collected within this period will be destroyed. The publisher will return valuable documents without being obliged to do so.
In the interest and for the protection of the client, the publisher reserves the right to open incoming offers for inspection purposes to eliminate misuse of the box number service. The publisher is not obliged to forward business advertisements and brokerage offers. The publisher may be granted the right by individual contract as a representative to open incoming offers instead of and in the declared interest of the client. Letters that exceed the permissible DIN A4 format (weight 500 g), as well as shipments of goods, books, catalogs, and small packages, are excluded from forwarding and will not be accepted. Acceptance and forwarding may nevertheless be agreed upon in exceptional cases if the client assumes the resulting fees/costs.

19. The place of performance is the publisher’s registered office. In business transactions with merchants, legal entities under public law, or special funds under public law, the place of jurisdiction for lawsuits is the publisher’s registered office. Insofar as the publisher’s claims are not asserted in summary proceedings for payment orders, the place of jurisdiction for non-merchants is determined by their place of residence. If the place of residence or habitual abode of the client, even for non-merchants, is unknown at the time the lawsuit is filed, or if the client has moved their place of residence or habitual abode out of the scope of the law after the conclusion of the contract, the publisher’s registered office is agreed as the place of jurisdiction.

Additional Terms and Conditions of the Publisher

1. Advertising orders can be canceled up to the advertising deadline. The cancellation must be made in writing or in text form (by mail, fax, or email).

In the event of cancellation of advertisements (print, online, or via newsletter) up to the advertising deadline, the publisher charges a processing fee of 50 percent of the advertisement price.

If the advertisement has already gone to print, the client must pay for the advertisement.

2. The publisher provides no guarantee for the loss of individual inserts in the mail.

3. If defects in the printing material cannot be recognized immediately but only become apparent during printing, the client has no claims in the event of insufficient printing.

4. For 4c advertisements, a binding color proof must be delivered.

5. Advertising templates (films, CD-ROMs, cartridges, etc.) will only be returned to the client upon special request. The obligation to keep the advertising material ends three months after the first distribution of the advertisement.

6. Text-section advertisements are advertisements that border the text on at least one side.

7. Placement confirmations – except for appropriately paid and firmly confirmed preferred positions – are subject to change and may be altered for technical reasons. In such cases, the publisher cannot be held liable.

8. All current and future claims of the agency against its client regarding the insertion and any additional costs are assigned to the publisher. The agency is authorized to collect the assigned claim as long as it meets its contractual payment obligation to the publisher. The publisher is fundamentally entitled to disclose the assignment and collect the claim itself.

9. Advertising agencies and advertising intermediaries are prohibited from passing on the intermediary commission granted by the publisher in whole or in part to their clients.

10. The publisher treats personal data confidentially and in accordance with statutory data protection regulations.

11. In the event of changes to advertisement prices, the new conditions also take effect immediately for current orders, unless another agreement has been expressly made.

12. The client alone bears responsibility for the content and legal admissibility of the text and image material provided for the insertion. It is the client’s responsibility to indemnify the publisher against claims by third parties arising from the execution of the order, even if it should be canceled. Furthermore, the publisher is indemnified against the costs of necessary legal defense. The publisher is not obliged to check orders and advertisements to see whether they infringe the rights of third parties, unless the advertisement clearly violates competition law provisions in a gross manner. If canceled advertisements appear, the client shall have no claims against the publisher arising therefrom.

13. The publisher is entitled to additionally publish the placed advertising orders in online services within the scope of its technical and operational possibilities. The publisher reserves the right to adapt the printing material available for print to the requirements of the internet. The online presentation may differ from the printing result in the print edition.