Terms & Conditions

General Terms and Conditions of Business

1. Scope

These general terms and conditions of business apply for all business relations between trade fair organiser EMZ Messeveranstaltungs UG (limited liability), Alpenveilchenstr. 39, 80689 Munich, Germany (the Organiser) and people or companies attending trade fairs arranged by the Organiser (Exhibitors). No conflicting or contrary general terms and conditions of business are recognised by the Organiser and such shall take no effect unless the Organiser expressly agrees in writing to their (partial) validity. By sending the participation application, the exhibitor and the personnel of the same attending the trade fair accept the full content of the present GTCT. Deviating terms and conditions formulated in the application by the participation applicant are not valid and are not recognised by the organiser.

2. Selection Process

Selection of the exhibitors is at the discretion of the organiser. No entitlement to participation exists before contract formation.

3. Application Process

The exhibitor applies by means of the application form that is provided by the organiser, which is completed truthfully and signed. Receipt of the application form will be confirmed by the organiser. A legal obligation is not yet created by this.

4. Participation Agreement

The exhibitor’s application form received represents the offer of the same to participate in the event. The organiser accepts this offer by sending an advance invoice under the condition precedent that the exhibitor pays the advance invoice. The agreement is created on receipt of the invoice sum in the account of the organiser. On request by the exhibitor, the organiser will inform the exhibitor of receipt of the payment. Subsequent orders for exhibiting area or stand equipment, such as furniture, electricity etc., which are received within four weeks before the fair opens and after invoicing, will incur late surcharges amounting to 20% of the list prices.

5. Space Allocation

The exhibitor becomes entitled to participate in a trade fair of the organiser only on receipt of the payment. However, the exhibitor acquires no entitlement to a specific space. The organiser is solely responsible for the allocation of the spaces and stands at the trade fair. The organiser is entitled to amend the allocation of a specific space even after assignment if a significant and justified interest exists for the organiser.

6. Cancellation, termination or alteration of the fair due to force majeure or justified exceptional situations

a) For reasons of force majeure or a justified exceptional situation for which the Organiser is not responsible, the Organiser may cancel, terminate, temporarily interrupt, partially close or postpone the trade fair. In this case, the Exhibitor cannot demand compensation from the Organiser or reimbursement of expenses already incurred.

b) If the trade fair is cancelled before the start of the trade fair for the reasons stated under a), the Organiser may demand 25% of the stand rental plus any third-party costs already incurred from the Exhibitor in the event of cancellation more than six weeks before the planned start of the trade fair. In the event of cancellation within six weeks of the planned start of the fair, the Organiser may demand 50% of the stand rental plus any third-party costs already incurred from the Exhibitor.

c) If the trade fair is cancelled or terminated after the start of the trade fair for the reasons stated under a), or can only take place in a shortened time frame, the stand rental owed shall remain due in full.

d) In the event of a postponement of the trade fair for the reasons stated under a), the Exhibitor’s obligation to participate shall remain in force under the same conditions as long as the Exhibitor does not withdraw from the contract within 2 weeks of the announcement of the postponement. In the event of a withdrawal, the Exhibitor shall pay a cost contribution of 25% of the stand rental.

7. Rights and Obligations of the Organiser and Exhibitors

a) The Exhibitor must settle the Organisers advance invoice by the specified payment date. Timely and full payment of the advance invoice by the payment deadline is a prerequisite for the issue of exhibitor passes and occupation of the stand area. It the Exhibitor cancels the attendance after invoicing, a cancellation fee must be paid.

Staggering of cancellation fee at a glance:

50% of the invoice amount after the date of invoice issuing and for cancellations 4 weeks before the beginning of the fair;
100% of the invoice amount for cancellations within the 4 weeks before the beginning of the fair.

b) The organiser is entitled to withdraw from the agreement at any time in the case of an objectively justified reason. An objective reason exists specifically if the exhibitor breaches the duties set out in these GTCT. The right to terminate the participation agreement for cause is not affected.

c) The Exhibitor undertakes to comply with regulations and guidelines for health protection issued by official authorities and institutions.

d) Exhibitors must observe the current tax regulations — particularly the respective regulations concerning import sales and value added tax. The Exhibitor has an obligation to occupy the rented area with the range of goods specified in the application. All items displayed and (advertising) materials must be related to this in the context of the trade fair theme. Any material may be distributed to visitors to the fair only on the stand and under no circumstances outside of the stand area. At the end of the trade fair, the Exhibitor must remove any advertisements affixed to the walls of the area and ensure that no trace of such is left. The Organiser may have any dirt accumulated as the result of adhesion removed at any time, at the expense of the Exhibitor and for a minimum fee of 20.00 Euro.

e) Trade in cultural objects, e.g. such as archaeological finds, is permitted only in observance of international and national law and only if proof of legal provenance is documented for each cultural object. The advertisement, exhibition or sale of objects displaying the swastika or similar is not permitted, if such symbols are visible. This also applies for symbols that may be mistaken for the originals. It is prohibited to offer coins, that have been modified by some other means than a usual circulation.

f) Without the agreement of the Organiser, the Exhibitor may execute no alternative arrangements in the rented areas and buildings. This applies particularly for unapproved stand (usage) types or extensions to stand areas. On demand by the Organiser, such changes are to be removed within one hour, otherwise the Organiser is entitled to do this at the expense of the Exhibitor or, if necessary, to close the stand entirely with the forfeit of the rental fees. The organiser‘s stand markers are to be changed in terms of neither location nor content and they must be clearly visible to visitors for the entire duration of the trade fair.

g) The exhibitor shall be liable tor any damages to his rented commodities. The liability remains beyond the opening hours of the fair for exhibitors. This shall also apply it the exhibition stand is not occupied.

h) The following are not permitted: subletting of exhibition areas; cession of Business the exhibition area to third parties; receipt through to execution of orders and business for third parties by the Exhibitor; and the transfer of Exhibitor entry tickets to people not employed on the stand. Power connections hired by the Exhibitor are not to be conveyed to neighbouring stands; otherwise the Exhibitor must additionally pay double the power connection hire fee for each conveyance.

i) The stand must be kept open with at least one person present during visitor opening times. The stand may be closed for a total of no more than 1/2 hour during visitor opening times. l.e. if the stand is open continuously, it may be closed no earlier than 1/2 hour before the end of the visitor entry time on the last day of the trade fair. In cases for which there is sufficient justification, the Organiser may allow the Exhibitor a different option for closing. If the Exhibitor exceeds the 1/2 hour closing time, e.g. by leaving the trade fair early, this shall be in breach of the general terms and conditions of business and appropriate sanctions should be expected.

j) The Exhibitor undertakes to carry out any business transacted in the context of the trade fair correctly in terms of both content and form (e.g. invoicing) under the relevant laws. In particular, the Exhibitor must not offer imitations or counterfeits as real in a misleadingly deceptive manner. The Exhibitor may also carry out no obstructive or disruptive actions and make no statements of the same nature that are targeted towards the Organiser or the event. If grievances or complaints with respect to the goods offered or the methods of the Exhibitor are indicative of violation of one of the above obligations of if there are any obvious, unlawful incidents within the area of the Exhibitor, the Organiser is entitled to exclude the Exhibitor from the trade fair with immediate effect, with the forfeit of the rental fees and with a report to the police. The exclusion includes the immediate termination of the participation agreement. The right to exclude the exhibitor from the trade fair also remains in place in all other cases in which there is an objectively justified reason for withdrawal or termination for cause. The right to termination for cause exists specifically in cases in which the exhibitor is in breach of duties and secondary duties from the participation agreement and in which the organiser cannot be expected to continue the agreement.

k) The Organiser accepts no liability for (consequential) damages or the loss of stand materials or stand goods. The Exhibitor him/herself is responsible for the supervision and custody of the stand from the start of stand construction until leaving the trade fair. Proper insurance of exhibition goods against any damages during transit, assembly, dismantling, storage and the sale presentation is solely the responsibility of the Exhibitor. The Organiser shall not be liable for injuries to people or damages to property or for the loss of property of the Exhibitor (e.g. due to theft) — whether on delivery or return to the forwarding area or during the trade fair itself — for damages due to failure of technical supply equipment or for other damages caused as a result of external influences unless, through gross negligence, the Organiser has verifiably breached an obligation incumbent upon the same. The organizer does not assume any responsibility for the interpersonal communication between exhibitors and between exhibitors and visitors. The organizer is not obliged to bring about mediation (procedure to the constructive settlement or avoidance of a conflict).

I) The Exhibitor shall be liable to the Organiser for any damages caused to third parties as a result of the Exhibitor‘s attendance. This includes damages to the trade fair building and its facilities. The Exhibitor explicitly exempts the Organiser from any rights of recourse of third parties arising as a result of such damages unless, through gross negligence, the Organiser has breached an obligation incumbent upon the same.

m) After the end of the trade fair, own stand structures not dismantled without trace by the Exhibitor may be removed by the Organiser at the expense of the Exhibitor and stored without liability for damage or loss through slight negligence. Removal or collection respectively of the exhibition materials from the exhibition halls shall be made on the last day of the exhibition until midnight latest. Otherwise the objects will be removed or stored by the organizer at the expense of the exhibitor.

n) Exhibitors who provide incorrect staff data or who fail to inform the Organiser of a change to such data must themselves bear any damages resulting from this and/or compensate the Organiser for such if applicable. Notifications to the last address given to the Organiser by the Exhibitor shall be considered to have been delivered effectively, irrespective of whether the Exhibitor is (still) based there.

8. Severability clause

If one or more provisions of these terms and conditions of business are or become wholly or partially invalid, the validity of the remaining provisions will not be affected. The invalid provision(s) shall be replaced by a valid regulation which comes as close as possible to the economic purpose and meaning of the invalid provision(s). The same applies in case the terms and conditions of business contain a legal gap.

The place of fulfilment and place of jurisdiction is Munich.

October 2024