General business terms
1.1. Stand Application
The application for a trade fair or exhibition (event) must be on the form „Application Form” or online via the online form. The form is to be completed carefully and legally binding by signature . In the case of online application, the application is legally binding without a signature. The application is an irrevocable offer to the InnoFairs • Messe GmbH & Co. KG, to which the exhibitor is bound until the start of the event.
Key elements of the contract are
a) The Application Form,
b) The conditions of participation,
c) The regulations contained in the technical manual,
d) The terms and conditions.
In the case of discrepancies, the regulations apply in the order listed above.
1.3. Inclusion of the terms and conditions
By signing the stand application, the exhibitor acknowledges the business and conditions of participation and the rules contained in the technical manual as binding. He is responsible for ensuring that the persons employed by him at the event comply with the entire contract.
2. Joint stand participation
If several exhibitors rent a stand together, they have to appoint an authorized exhibition representative on the application, to negotiate with the InnoFairs Messe GmbH & Co. KG. The authorized representative shall be liable for any fault of his authority and for its own negligence. The participating exhibitors are liable to the InnoFairs Messe GmbH & Co. KG as joint debtors.
3. Conclusion of contract
3.1. Order confirmation
The acceptance of the offer the InnoFairs Messe GmbH & Co. KG decides by a written stand confirmation (approval of the exhibitor and the exhibits) .
3.2. Restrictions on the Exhibitor and Exhibits
The InnoFairs Messe GmbH & Co. KG can by objectively justified reasons, especially when the available space is not sufficient, exclude individual exhibitors from participating and limit the event to specific groups of exhibitors, if this is necessary for the achievement of the organization ‘s purpose. The same applies to exhibits.
3.3. Deviations from the Application
If the InnoFairs Messe GmbH & Co. KG agrees to extensions, restrictions or other changes of the application for space or exhibits, it is bound to the amended offer 2 weeks.
4. Allocation of Stands
The InnoFairs Messe GmbH & Co. KG allocates the stand, taking into account the theme and structure of the particular event and the space available. Stand wishes will be respected wherever possible.
4.2. Changes to Adjoining Stands
The exhibitor must accept that at the beginning of the event, the location of other objects has changed from the time of admission. Claims for compensation are excluded from both parties.
4.3. Exchange, transfer to third parties
Replacement of the allocated stand of another exhibitor or a partial or complete transfer usage to third parties is not permitted without agreement with the InnoFairs Messe GmbH & Co. KG.
5.1. Removal, replacement
It can be showcased only the agreed exhibits but may only by agreement with the InnoFairs Messe GmbH & Co. KG removed from their place. An exchange can be done with the InnoFairs Messe GmbH & Co. KG’s approval an hour before and one hour after the daily opening times only by written agreement.
The InnoFairs Messe GmbH & Co. KG may require that exhibits be removed which were not included in the booth rental contract or prove to be obstructive or dangerous, or are incompatible with the event target. If the request is not complied with, removes the InnoFairs Messe GmbH & Co KG , the exhibits with legal assistance at the expense of the exhibitor.
5.3. Intellectual Property
Copyright and other intellectual property rights are to be ensured by the exhibitor. A six -month protection for patterns (utility models and designs) and trademarks of beginning of an exhibition occurs only if the Minister of Justice has published a notice in the Federal Gazette of Justice (Bundesgesetzblatt) for a specific exhibition.
6.1. Due date
If a registration fee is charged, this is due upon invoicing. The registration fee is non-refundable if cancellation by the exhibitor happens. Further details are set out in the Special Conditions of Participation.
6.2.2. Stand rental
The stand rent according to the order confirmation must be paid to the due dates given in the Special Conditions of Participation appointments quoting the customer number and invoice number on any account written on the invoice of InnoFairs Messe GmbH & Co. KG. Amounts are due upon invoicing. A final invoice may be sent after the event.
6.2. Assignment, offsetting
The transfer of claims against the InnoFairs Messe GmbH & Co. KG to a third party is excluded . The offsetting of receivables is permitted only with undisputed or legally established counterclaims.
Objections to invoices will only be considered if made within 14 days of the invoice issue in writing to the InnoFairs Messe GmbH & Co. KG.
To secure any claims the InnoFairs Messe GmbH & Co. KG reserves the right to exercise the right of lien and freely sell the pledged property upon written notice. The InnoFairs Messe GmbH & Co. KG shall only be liable in cases of intent and gross negligence for damage to seized items.
7. Liability insurance
7.1. The InnoFairs Messe GmbH & Co. KG assumes full liability for damages that were caused by intentional or grossly negligent conduct of InnoFairs Messe GmbH & Co. KG , its legal representatives or senior employees.
7.2. The InnoFairs Messe GmbH & Co. KG is fundamentally liable for damages caused due to gross negligence of its agents. Liability is limited to the amount of damages that are generally associated with this type of contract typically be expected.
7.3. The InnoFairs Messe GmbH & Co. KG basically shall be liable for any injury of the essential contractual obligations. Important are such contractual obligations, which are of particular importance for the fulfillment of the purpose of the contract (cardinal obligations). In case of breach of cardinal duties the amount of liability is limited to damages that are generally associated and typically be expected with this type of contract – – as far as no case of paragraph 7.1.
7.4. The limitations of liability in accordance with paragraphs 1 to 3 shall not apply to liability under the Product Liability Act , and liability for injury of life , body or health.
7.5. The strict liability of InnoFairs Messe GmbH & Co. KG for initial defects in the rented items (guarantee liability) is excluded.
7.6. Mediating function for goods and services as part of the core business of InnoFairs Messe GmbH & Co. KG.
For posted on our website and specially marked products, or services, our legal position is limited only to the role of a facilitator and coordinator. The services requested by our customers , we provide in the name and for the account of our external service provider. A legally binding purchase contract is only concluded between the client and the service provider authorized by us. Any resulting legal consequence is a matter between the client , ie the ordering company and the contractor. The company declines all liability claims, as well as an assumption of liabilities.
7.7. Disclaimer for use of InnoFairs Messe GmbH & Co. KG’s internet websites
InnoFairs is not liable for information set on the websites of the events by the exhibitor or by persons acting on its behalf. This is particularly true for the use of licensed images and documents. The copyright exploitation permits must be ensured by the exhibitor. The liability is up to him.
7.8. The exhibitor is liable according to legal regulations. An exhibitor’s insurance is recommended.
8. Cancellation, non- participation by the exhibitor, the resignation of the InnoFairs Messe GmbH & Co. KG, Cancellation of the event
8.1. Cancellation, non- participation by the exhibitor
The booth rental is also to be paid in full if the exhibitor cancels his participation or does not take part in the event without notification of cancellation. If the exhibitor cancels his participation and the stand is rented to another lessee, the InnoFairs Messe GmbH & Co. KG reserves against the first tenant a cost share in the amount of 25 % of the rental charged. The full stand rental must be paid when InnoFairs Messe GmbH & Co KG GmbH rents the agreed upon stand area, but the total rented area is reduced by the cancellation / non-attendance. The exhibitor retains the right to prove that, these costs are not occured at this level to the InnoFairs Messe GmbH & Co. KG. The assertion of further claims is reserved.
8.2. Resignation of InnoFairs Messe GmbH & Co. KG
The InnoFairs Messe GmbH & Co. KG is entitled to withdraw if
a) The full rent is not paid no later than on the date stated on the invoice date and the issuer does not pay after the expiry of an extension period;
b) The stand is obviously occupied not in time , that is at least 12 hours before the official opening;
c) The exhibitor infringes domiciliary rules, and does not stop his behavior even after a warning;
d) No longer fulfill the requirements for obtaining the admission of the registered exhibitor or InnoFairs Messe GmbH & Co. KG get to know subsequently reasons disclosed earlier which would have justified denial of admission. This is especially true in the case of bankruptcy or composition proceedings and the insolvency of the exhibitor. The exhibitor must inform the InnoFairs Messe GmbH & Co. KG immediately on entry in such circumstances. The InnoFairs Messe GmbH & Co. KG can assert claims for compensation in the cases mentioned above. Section 8.1 shall apply mutatis mutandis.
8.3. Cancellation of the event
The organizer has the right to cancel an event due to low number of exhibitors. He is not liable for expenses, contracts and costs caused to the exhibitor or have been caused by the exhibitor.
9. Force Majeure
9.1. Cancellation of the event
If the InnoFairs Messe GmbH & Co. KG is not able to organize the event due to the occurrence of force majeure, the claim for the stand rental is voided. However, the InnoFairs Messe GmbH & Co. KG may charge the exhibitor for commissioned works at the level of costs already incurred.
9.2. Rescheduling of the Event
If the InnoFairs Messe GmbH & Co. KG will be able to hold the event at a later date, she has to inform the exhibitors immediately. Exhibitors are entitled to cancel their participation in the event within one week after receipt of this notification. In this case, the claim for stand rental is voided.
9.3. Commenced Event
Does the InnoFairs Messe GmbH & Co. KG shorten or cancel a running event due to the occurrence of force majeure , the exhibitor shall not be entitled to any refund or cancellation of the stand rental.
10. Audio and video recordings
The InnoFairs Messe GmbH & Co. KG is entitled to take photographs, drawings, film and video recordings of events taking place, the exhibition, the exhibits and stands to be used for advertising or press releases, without the exhibitor for any reason able to object. This also applies to photographs, the press or television takes with consent of InnoFairs Messe GmbH & Co. KG.
Advertising of any kind is permitted only in the area rented by the exhibitor for his own company and solely for exhibition goods manufactured or distributed by him.
12.2. Require approval
Loudspeaker advertising, slide or film screenings as well as show require the written agreement with the InnoFairs Messe GmbH & Co. KG. The same applies to the use of other equipment and facilities, to achieve to a better optical and acoustic advertising effect. Political advertising is strictly prohibited.
13. Regulatory approvals , Legal Regulations, Technical Guidelines
Official approval basically the exhibitor has to obtain. He is responsible for ensuring that the GEMA regulations and industrial law, police regulations, health regulations and other legal requirements are complied with, in particular the „law on technical equipment” (equipment safety law ) . He also has the “Technical Guidelines” to observe the „Technical Manual“that contain particular provisions on the stand construction and design as well as extensive safety regulations.
14. Other Regulations
14.1. House Rights
The exhibitor is subject to to the house rights in the premises of the event. The instructions of the InnoFairs Messe GmbH & Co. KG and its employees which are legitimized by an official pass, must be complied with.
Parking requirements of the exhibitors at the exhibition grounds will be considered where possible. A claim to a parking lot does not exist.
14.3. Access to the exhibition area
During the event, vehicles that do not have a license, entitling them to park in the inner terrain are not allowed to enter the terrain. The delivery of goods and other items is governed by the terms and conditions.
14.4. Leaving the Grounds
Within an hour after the daily opening time for visitors, exhibitors and accompanying persons must leave the halls and vehicles have to leave the grounds. Any persons wishing to leave the exhibition with packages have to prove to the security staff that they are entitled to do so.
Animals may not normally be permitted on the Exhibition grounds. Water that is required for use in food and for cleaning of utensils that come into direct contact with food only hygienic water must be taken. Taking water from toilet facilities is not allowed.
14.6. Environmental Protection
The exhibitor is obliged to behave in an environmentally friendly manner.
15. General Regulations, Deadlines
The move in and move out periods will be specified in the Special Conditions of Participation.
15.2. Construction, Exhibitor Service
For the design, construction and the design of system and individual stands the Technical Service Manual contains the services offered by the InnoFairs Messe GmbH & Co. KG.
a) Clearance Passes
Following the close of the exhibition or fair, the presentation of a clearance certificate is a prerequisite for the removal of exhibits. He will only be issued and delivered to the stand occupant if the stand rental invoice is paid in full.
b) Reducing time
Stands may not be cleared until after the event is over. The duration of the degradation time (end of depleting ) is strictly observed. At the end of the dismantling period the InnoFairs • Messe GmbH & Co. KG is entitled to make the dismantling, removal and storage of exhibits at the expense of the exhibitor. Liability for loss or damage to exhibits when taken over by the InnoFairs Messe GmbH & Co. KG only in the case of intent and gross negligence. For the expenses thus incurred is a lien (see paragraph 6.4).
16. Stand design
16.1. Notice of approval
Assuming that the technical guidelines are adhered to in the design and construction of the stand at ground level , without a roof in the halls, it is not required to submit drawings for approval. All other stands, mobile stands, special designs must be approved. Construction plans (floor plan and front view) must be submitted for approval in duplicate to InnoFairs Messe GmbH & Co. KG. Details are given in the Technical Manual.
The exhibition stand must conform to the overall plan of the exhibition. The InnoFairs Messe GmbH & Co. KG reserves the right to prohibit the construction of unsuitable or inadequately designed items.
16.3. Equipment during opening times
The stand must be available throughout the duration of the fair or exhibition to the fixed opening times properly equipped and staffed by qualified personnel.
Should the exhibitor violates the above rules (paragraph 16.2,3 ) , the InnoFairs Messe GmbH & Co. KG can claim after unsuccessful warning a contractual penalty in the amount of € 500.00 per day.
17. Technical Manual
The Technical Manual, which provides information on everything you need to know in terms of technical guidelines, technical standards of equipment, installations, stand, design and furnishing, as well as other trade services of InnoFairs Messe GmbH & Co. KG, insurance, public relations, catalog, room reservations and other services and the contains necessary forms will be provided to all exhibitors in printed form or on the Internet.
18. General Inspection, Cleaning
a) The guard for the halls is oranised by the InnoFairs Messe GmbH & Co. KG . It will only be liable in case of gross negligence. For security cover of the stand the exhibitor shall be responsible. It is recommended to avert damage by a suitable insurance coverage. At night valuable and easily removed items should be kept under lock. Private security staff to guard the stands may only be used after written agreement with the InnoFairs Messe GmbH & Co. KG.
b) InnoFairs Messe GmbH & Co. KG is responsible for general cleaning of the site and the exhibition hall aisles. The cleaning of the stand is the responsibility of the exhibitor and must be completed each day before the event opens to the public.
c) If exhibitors do not use own personnel, the subcontractor company of InnoFairs Messe GmbH & Co. KG must be commissioned with the stand cleaning and security.
d) The exhibitor or his appointed stand builder is responsible for the disposal of waste caused by him. He has to observe the rules of the environmental policies contained in the technical manual.
19. Technical installations
The supply of electricity , water, gas , telephone and other services in the halls is done by the InnoFairs Messe GmbH & Co. KG accredited companies . Further details are explained in the technical manual.
The taking of photographs, films or videos on behalf of the exhibitor have to be approved by the InnoFairs Messe GmbH & Co. KG. Such approved photographer or film and video production companies should be mandated during the daily opening times. Prior to and after the daily opening times only these may be commissioned. Other photographers or production companies do not have access to the exhibition grounds. Information, please contact the InnoFairs Messe GmbH & Co. KG.
21. Catering Services
Catering services is generally provided by the InnoFairs Messe GmbH & Co. KG or the appointed service provider.
The exhibitor agrees that the InnoFairs Messe GmbH & Co. KG stores, processes or transmits personal data – including the use of automatic data processing in accordance with the Federal Data Protection Act for business use. The exhibitor agrees that the InnoFairs Messe GmbH & Co. KG stores, processes or transmits business data – including the use of automatic data processing -, to the extent necessary for the purposes of InnoFairs Messe GmbH & Co. KG , or with the InnoFairs Messe GmbH & Co. KG affiliated companies is required or justified interest exists.
23. Final Provisions
Changes to the contents of this Agreement (Section 1.2 ), and ancillary agreements are only legally binding if they have been confirmed in writing by the InnoFairs Messe GmbH & Co. KG.
23.2. German law
The mutual rights and obligations arising from this contractual relationship and from this contract are subject to the laws of the Federal Republic of Germany.
23.3. The place of performance and jurisdiction
Place of performance is Neuss. If the defendant or a legal person under public law or the defendant has no general jurisdiction in Germany, jurisdiction is the plaintiff’s choice Neuss or the general jurisdiction of the defendant.
23.4. Statute of Limitations
Exhibitor claims against the InnoFairs Messe GmbH & Co. KG expire after 6 months, unless there are cogent legal regulations.
If any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby. The ineffective provision shall be amended or removed until the intended purpose is achieved.