General Section of the Conditions of Participation Brochure

General Section of the Conditions of ParticipationI Application1. To indicate your intention to take part in the event, you must return to us a completely filled in form with your legally binding signature (Registration).2. By signing and returning the form, you acknowledge that the Generaland the Special Sections of the Conditions of Participation and the TechnicalGuidelines are binding for your company as part of the contract. You candownload the Technical Guidelines from the event's website or fromwww.koelnmesse-service-portal.de. You also always have the option ofrequesting the Technical Guidelines in printed form or on CD-ROM.Within the framework of the fulfilment of contractual duties, the eventorganizer will process and use the information provided in this form via anautomated procedure that takes the regulations stipulated under the FederalData Protection Law of the Federal Republic of Germany into account.3. The registration shall be regarded as legally binding on your part, irrespective of admission; no conditions or reservations may be appended tothe aforesaid registration. Requests for stands at specific locations, in particular, do not represent conditions for participation.II Acceptance/Transfer of stand space1. The organizer shall accept your application in accordance with the conditions which apply to all participants (acceptance/stand area con -firmation).There is no legal claim to acceptance. If the number of registration formscomplying with the requirement profile and received by the organizer priorto the expiration of the registration period exceeds the number of availableexhibition spaces, the organizer shall have the right to make a discretionarydecision regarding the admission of registrants to the exhibition.Your company may be disqualified from admission to the exhibition if youfailed to fulfil your financial obligations to the organizer at any time, or ifyou failed to fulfil such financial obligations within the prescribed period oftime.2. The contract comes into effect at the latest upon receipt of the admis-sion (by post, fax or other electronic means of transmission), which is validwithout a signature. Should the content of the confirmation of acceptancediffer substantially from that of your application, then the contract shall beconcluded under the terms of acceptance if you do not lodge a writtenobjection within 2 weeks of receipt of confirmation of acceptance. The sameshall apply, if it is necessary to postpone the event or to transfer the eventto another location, and the change is deemed to be reasonable withrespect to yourself; in this case, the corresponding notification of changefrom the organizer shall supersede the admission.The acceptance only applies to the respective event, the company applyingand referred to in the acceptance letter, and its registered products and services. Products and services which do not conform to the list of com-modities may not be exhibited or offered at the trade fair.3. The organizer allocates stand space on the basis of which exhibitiontheme at the event your registered products belong to.There is no right to claim the allocation of stand space in a certain form, ina certain size, in a certain hall or in a certain hall area. Deviations from therequested form or placement of the stand do not provide grounds for anobjection to be made under Item II, Paragraph 2 of the General Section ofthe Conditions of Participation.4. In special cases for important reasons, the organizer is entitled to subsequently allocate you stand space other than stated in the confirmationof acceptance, to change the size and dimensions of your stand space, torelocate or close entrances or exits and to undertake structural changes inthe exhibition halls without claims arising on your part. In the event of areduction in stand space size, you will be credited with the difference arisingfrom the correspondingly lower participation fee.You will be notified without undue delay if the stand space becomesunavailable due to reasons which are beyond the organizer's control. In thiscase, you will be entitled to a reimbursement of the participation fee.Any further claims for damages, which will exceed the aforementionedreimbursement, shall be excluded in these cases.5. Any complaints on your part must be submitted in writing immediatelyor at the latest while the event is in progress; complaints submitted at alater date cannot be considered. 6. The organizer is entitled to revoke the acceptance if it was granted on the basis of incorrect statements or if the company fails to meet theconditions of participation after the acceptance was granted.The organizer shall have the right to rescind the contract, if there is a sub-stantial reason or good cause. Such substantial reason exists, in particular, ifan application for opening insolvency proceedings against your assets hasbeen made, such an application has been dismissed due to lack of funds, orinsolvency proceedings have commenced. You must inform the organizer ofthis immediately.7. Prior to receipt of acceptance/stand area confirmation, revocation ofregistration shall only be possible if permitted by the Special Section of theConditions of Participation. In this event, a fee specified in the Special Section of the Conditions of Participation shall be paid.8. Following receipt of acceptance/stand area confirmation, in general,revocation is no longer possible. The organizer can agree to the request forrelease from the contract in exceptional cases if the stand space no longerrequired can be rented to another exhibitor. In this instance, the organizer isentitled to demand general reimbursement of the costs incurred corre-sponding to 25 % of the participation fee without providing proof, unlessotherwise specified in the Special Section of the Conditions of Participation.If the Special Section of the Conditions of Participation stipulate that youmust purchase a Visitor Promotion Package, the specified price has to bepaid in the event that you withdraw from the contract and admission ticketvouchers have been provided.Liability for catalogue costs, stand construction costs and other costs, whichin particular, have been incurred as a result of a claim by a third party or ofservices rendered, is not affected.You shall have the right to provide proof that a damage or loss has not beenincurred or that the extent of the damage or loss incurred is considerablyless. Occupation of a space which becomes available in the form of an exchangeof stand areas by a participant already approved and allotted a space for theevent does not represent an alternate stand area rental.The co-exhibitor fee must be paid in full in the event a company that hasbeen accepted as a co-exhibitor does not participate.9. The following cases will fall solely within your scope of risk as exhibitor:a) if the products which you have stipulated for the presentation cannotbe introduced at the venue of the event due to the legal requirements prevailing there or due to other reasons, orb) if such products do not arrive in due time, do not arrive undamaged ordo not arrive at the venue of the event at all – e.g. as a result of any loss,delay in transport or customs, etc. – orGeneral Conditions of Participation 2c) if your journey, the journey of your employees or your stand or installation personnel should be delayed or should become impossible – e.g. because a visa is not granted.You will remain under obligation to pay all the charges agreed upon.10. Event-related regulations are detailed in the Special Section of the Conditions of Participation.III Construction, arrangement and operation of stands 1. The construction and arrangement of stands must conform to statutoryregulations and be in accordance with the regulations of the Special Sectionof the Conditions of Participation applicable to the event as well as theTechnical Guidelines. As an exhibitor, you are obliged to define your assem-bly measures in advance with the organizer. A stand design which does notconform to the construction regulations of the venue and/or the TechnicalGuidelines of the organizer or rental company of the venue can be removedor changed by the organizer at your expense.Any additional technical services that may be required, particularly theinstallation of electricity, water and safety devices, the recruitment of localauxiliary personnel, etc., can be ordered via the Koelnmesse-Service-Portal(KSP) by means of special order forms against a separate charge. Ordersplaced by third parties (in particular by stand construction companies) inconnection with the construction and design of stand areas are consideredto have been commissioned by the exhibitor and at the exhibitor’s expense.2. For the duration of the event the stands must be staffed by personneland display the products specified in the application and confirmation ofacceptance. Vacating the stand prior to the end of the event represents aserious breach of these Conditions of Participation and shall entitle theorganizer to assert damage claims and exclude your company from futureparticipation in Koelnmesse Group events.3. You will be responsible for ensuring compliance with all the statutoryprovisions of the Federal Republic of Germany. If this is not the case, thenthe organizer shall have the right to demand the removal of exhibited arti-cles or the non-performance of an activity. Should you fail to comply withthis demand immediately, the organizer is entitled to have the products inquestion removed at your expense and risk and to close your stand, withoutit being possible for you to claim against the organizer.4. Products and services may only be presented in the stand area listed inthe acceptance/stand confirmation. You may not distribute products, flyersand other advertising materials in other areas of the exhibition centre with-out first receiving the organizer’s written permission.5. The organizer is entitled to demand that you remove products from yourstand that do not correspond to the List of Goods or, which through theirodour, noises, other emissions or appearance, could constitute a consider-able disruption to the operation of the event or put the safety of exhibitorsand visitors at risk.IV Participation fee and other costs/Terms of payment/Scope of the standardised event services1. The participation fee for the standardised event services covers therental of the stand area for the entire duration of the event and the con-struction and dismantling periods stipulated in the Special Section of theConditions of Participation, a specific number of exhibitor and work passes,the use of technical and service facilities at the exhibition centre, generalhall security, cleaning of the generally accessible hall areas, general halllighting and advice on organization, advertising and public relations work foryour participation. In addition, the participation fee includes services provided by the organizeras part of the general visitor marketing activities. At the organizer’s discre-tion, these activities especially include a selection of the following services:placing of advertisements, provision of advertising materials for theexhibitors’ own communications measures, direct marketing measures (e.g.publication and dispatch of newsletters and other information to potentialvisitors by mail, fax, or other means of electronic transmission), provision ofan online ticket shop and event-related Internet domains. The standardisedevent services also include the provision and supply of energy covered bythe flat-rate energy fee; in this respect, please note the corresponding regulations of the Special Section of the Conditions of Participation. The event services also encompass the inclusion in the list of exhibitors. This is obligatory for each exhibitor, co-exhibitor, group participant andadditionally represented company. Please note the corresponding regulations of the Special Section of the Conditions of Participation. The organizer has the right to request additional payment for certain listedservices.2. The participation fee does not include the provision of stand partitionwalls or other special construction elements.3. The amount of the participation fee and other costs will be calculatedon the basis of the dimensions of the allocated stand space and accordingto the rates specified in the Special Section of the Conditions of Participa-tion. The size of the allocated floor area is calculated without taking projec-tions, pillars, installation connections and other fixed objects into account.Any projecting or overhanging parts, pillars, installation connections andother permanent internal fittings in the stand space do not entitle you toany reduction in the participation fee or other costs.4. For two-storey exhibition stands, the actual allotted area in the upperstorey following the technical inspection is calculated at 50 per cent of theprice per m² of floor area.5. After your admission, you will receive an invoice for the participationfee and the other costs; the invoiced amount is due immediately uponreceipt of the invoice. The rates stipulated at the time of the admission arenet fixed rates plus any accruing value-added tax as well as any comparabletaxes which may be imposed at the venue of the event. Please note the regulations for VAT refunds listed in the Special Section of the Conditions ofParticipation.6. The organizer shall have the right to increase the rates by the amountof the corresponding cost increment in the event of any increase in its ownprime cost, particularly as a result of higher production, purchasing andlabour costs as well as higher fees, taxes and other fiscal charges imposed atthe venue of the event.The payment of all liabilities within the prescribed period shall be a pre requisite for the occupation of the stand space.7. Failure to execute payment on time will result in interest being chargedof 8 % above the base rate according to Art. 247 of the German Civil Code.If the damage incurred by the organizer is greater, he shall be entitled tolodge a claim for these damages. The compensation shall become invalid orbe reduced, if you can provide evidence that the organizer has incurred littleor no damage as a result of the payment default.Should settlement of the invoice not be effected by the deadline or in full,the organizer is, in addition, entitled to dissolve the contract with you andto otherwise dispose of the stand area reserved for your company.General Conditions of Participation 38. Resulting from the organizer's claim in regard to stand space rental,your exhibits are subject to a contractual lien in the organizer's favour.9. Any services that have been provided by the organizer will be invoicedin euros. You are obliged to pay the amount shown on the invoice in thecurrency shown on the invoice ("billing currency"). If the organizer should beprepared, as a courtesy, to accept settlement of the invoice in a currencyother then the billing currency in individual cases, without being under anyobligation to do so, such payment must be based with regard to the conver-sion on the official buying rate of the billing currency on the date the pay-ment is received. Any exchange rate losses in relation to the billing currencyafter the invoice becomes due for payment are, therefore, at your expense.10. Any complaints relating to the invoice are to be submitted in writing,immediately, at the latest 2 weeks after receipt; complaints made at a laterdate cannot be considered.11. The organizer shall also be entitled to the payment of the full amounts,if you fail to fulfil any of your obligations arising from the contractual relationship. This does not affect claims to damages. In the event of thecontract not being fulfilled at all by the organizer, or being fulfilled only in part, you have claims to a proportional reimbursement of any paymentsyou have already made. Claims above and beyond this are ruled out inaccordance with the regulations in Items VII and VIII of these Conditions ofParticipation. The regulations in Item XI of these Conditions of Participationshall remain unaffected.12. In the event of counter claims being made against those claims arisingfrom the contract, you can only set off or assert your right of retention inas far as your claims have been found to be uncontested or legally valid.13. In the event that an invoice is sent to a third party at the request ofthe exhibitor, this does not constitute any waiver of the right to claim theaccount receivable from the exhibitor. The latter remains obliged to payuntil such time as the account receivable has been settled in full.V Co-exhibitors, additionally represented companies,group participations1. In principle, stand spaces shall be hired out only as a whole unit andonly to one contracting party. As an exhibitor, you are not permitted torelocate, exchange, share, or in any other way make the stand space allocat-ed to you completely or partially accessible to third parties, without theprior consent of the organizer.2. A stand area may only be used by several companies at once, if thestipulations of the Special Section of the Conditions of Participation allow the participation of co-exhibitors and/or additionally representedcompanies.3. Use of the stand area by another company with its own products andown staff (co-exhibitor) requires a special application for permission andapproval by the organizer. This also applies to companies who have theirown products at the stand but none of their own staff (additionally repre-sented companies). Companies which are members of a group as well assubsidiaries are considered to be co-exhibitors. The organizer reserves theright to demand a special participation fee and other costs for approvingco-exhibitors for participation. Such charges and costs will be invoiced toyou as the exhibitor. If co-exhibitors and additionally represented companiesare to be accepted, the preconditions laid out in Item II of these Conditionsof Participation apply; these companies are subject to the General and Spe-cial Sections of the Conditions of Participation and the Technical Guidelines. Should you accommodate a co-exhibitor or a company which is additionallyrepresented, without the express permission of the organizer, this shall begrounds for dissolving the contract with you without notice and to have thestand space vacated at your risk and expense. No claims of any kind can bemade against the organizer in this case, especially no claims for damages.Even after confirmation of acceptance has been received, the contract existsexclusively between the organizer and the exhibitor, who is liable for thenegligence on the part of his co-exhibitors/additionally represented compa-nies as well as for his own negligence.4. If several companies wish to participate at the event together on onestand – a group participation – then the existing General and SpecialSections of the Conditions of Participation and the Technical Guidelines arebinding for each individual company. The registration is accomplished by thegroup organizer, who is responsible for the group participants’ adherence tothe Conditions of Participation. Subsequent to acceptance and stand areaconfirmation, a contractual relationship exists exclusively between the grouporganizer and the event organizer. Exceptions exist in the case of individualorders for services by the group participants before or during an event.5. If a stand area is jointly assigned to two or more companies, they arejointly and severally liable to the organizer.VI Domiciliary rights1. The organizer exercises domiciliary rights throughout the exhibitiongrounds. 2. He is entitled to have exhibits removed from a stand if their displaycontravenes statute law, offends good morals or is not in keeping with theevent programme. Promotion of political and ideological ends is prohibited.In the event of serious offences against the Conditions of Participation, theTechnical Guidelines or legal regulations, the organizer is entitled to closeyour stand or have it vacated.3. The house regulations for the Cologne exhibition centre apply in theircurrently valid version.VII WarrantyThe warranty period for deliveries of new articles is 1 year. For used articles,all liability based on warranty is excluded. No warranty claims are availableif the damage is due to normal wear and tear, force majeure, faulty or negli-gent handling, excessive loads or failure to comply with statutory provisionsor operating instructions.VIII Liability/Insurance1. The organizer does not assume any obligation to exercise proper care ofexhibits, stand fittings and objects which are the property of the stand per-sonnel.2. Any liability for property damages and pecuniary damages shall beexcluded, if it is possible to underwrite the risks. This does not affect liabilityon the basis of wilful or grossly negligent misconduct. This exclusion of liability is not restricted by the security measures of the organizer.Within the scope of liability, the statutory burden of evidence regulationsshall continue to apply; they will not be affected by this clause.General Conditions of Participation 43. As a result of the framework agreement concluded by the organizer, theorganizer recommends that you take out exhibition insurance. In addition tothis, you can also order special security measures for your stand.4. As an exhibitor, you will be liable to the organizer for any damageinflicted on the organizer, provided that such damage is attributable to yourculpable action or the culpable action of your personnel, your employees orany third party which you have appointed or any other third parties, whoseservices you are using for the purpose of fulfilling your obligations. It is nec-essary to observe strict compliance with the Technical Guidelines which willbe handed over to you by the organizer, as well as with the informationfrom the organizer's circular letters pertaining to questions on the prepara-tion and implementation of the event.5. Application of Art. 831 Par. 1 Sentence 2 of the German Civil Code isexcluded.6. In accordance with statutory obligations, the organizer shall be liablefor damages caused intentionally or by gross negligence in the event of anydamage claims resulting from fatal injuries, bodily or health injuries. Othercontractual and/or legal damage claims of any type, including damageclaims for consequential damages, shall be excluded, unless the damage wascaused by the intentional or grossly negligent action of the organizer. The foregoing limitations of liability shall apply, to the full extent, to theexecutive organs, employees, legal representatives, persons employed in performing an obligation and vicarious agents, whose services are used bythe organizer for the performance of the contract.Furthermore, the organizer shall be liable for every culpable infringement ofan essential contractual obligation. Essential contractual obligations shallpertain only to those contractual obligations which must be complied withduring the execution of the contract. This applies to all claims which couldarise in connection with this contract. However, damage claims shall berestricted to the payment of typical, foreseeable damages.If the organizer is compelled to temporarily vacate or permanently close theexhibition area or parts thereof, to postpone the event, shorten or extend itdue to force majeure, or for other reasons beyond its control, then you arenot entitled to any rights, in particular, to claims for damages against theorganizer.The responsibility of the event organizer is limited to fault in all cases without prejudice to any limitations of liability under these Conditions ofParticipation. In the event of contracts that provide for the procurement ofcertain items, then, unless otherwise expressly agreed in individual cases,the organizer does not assume the risk of procurement.IX Period of limitation1. Your claims against the organizer – of whatever type – must be submit-ted to the organizer in writing immediately or, in any event during thecourse of the event. The date on which the organizer receives the claim willbe the sole criterion for determining if it has been received by the deadline.Claims which are received at a later date cannot be considered. This doesnot affect the regulations under Item VIII, Paragraph 2 of these Conditions ofParticipation.2. Any of your claims, which may be asserted against the organizer andwhich may arise from the contractual relationship, as well as all otherclaims relating thereto, shall become statute-barred after 6 months, unlessthe liability of the organizer results from an intentional action. The limitation period shall commence at the end of the month, in which theclosing date of the event falls.X Place of fulfilment/place of jurisdiction/applicable law1. The place of fulfilment shall be the principal place of business of theorganizer. The place of jurisdiction, also in a process involving documents,bills of exchange and cheques is, in so far as you are a businessman, legalentity of public law or a separate asset under public law, Cologne. The organizer shall also be entitled, at his option, to lodge his claims at thecourt of the place where you have your place of business or your branch.2. All legal relationships between you and the organizer are subject toFederal German Law as well as to the German text.XI Reservations/Final Provisions1. As an exhibitor, you will be solely responsible for compliance with allthe laws, guidelines, and other regulations which are in force in the hostcountry, even if the content of the organizer's Conditions of Participationdeviate from such regulations. You must obtain information promptly andcomprehensively of the relevant regulations prevailing at the venue of theevent, and obtain the required knowledge.The organizer will not be liable for damages and other losses which could beincurred on your part as an exhibitor.2. The organizer shall have the right to postpone, shorten, extend or can-cel the event, as well as to terminate the event temporarily or definitely, aswell as individually or collectively, if such an action is required due tounforeseen events such as force majeure, natural disasters, wars, distur-bances, strikes, breakdown or obstruction of traffic and communication. Inthe event of any postponement, shortening, extension or termination, youshall not be entitled to the payment of any resulting damages which youmay have incurred. You shall have the right to rescind the contract, if youlose your interest in participating because of such an action, and if youwaive the reservation for the stand space allotted to you as a result of this.Upon obtaining knowledge of the change, the rescission of the contractmust be declared in a written statement and without undue delay. In caseof the cancellation of an event, the organizer shall not be liable for damagesand/or other losses which may be incurred on your part. Upon request ofthe organizer, you will be obligated to defray a reasonable share of theexpenses resulting from the preparation of the event. The amount of theshare to be paid by each exhibitor shall be stipulated by the organizer afterconsultation with the business organizations concerned.3. By signing the application form you recognize the organizer's Con -ditions of Participation (the General and Special Sections) together with allother regulations relating to the contractual relationship, as binding.4. Should these provisions be partially legally invalid or contain gaps, thisshall not effect the validity of the remaining provisions or the contract. Inthis event, the parties shall undertake to replace the invalid provision withsuch a provision or to fill the gap with such a provision, which comes closest to enabling the commercial purpose pursued by the parties to befulfilled.5. All alterations to the contract must be made in writing. The same shallalso apply to any amendment or cancellation of the written-form clauseitself.Status: May 2011