Checkout

1.1 The exhibitor undertakes to comply with the event-specific requirements of the Organiser, the Organiser’s technical guidelines, and the general terms and conditions of the exhibition venue, as well as all relevant standards.

1.2 The conclusion of the Contract of Participation ("registration") must be made electronically or in writing if it is to acquire legal force. Amendments to the Contract of Participation and any agreements must be made in writing or electronically if they are to acquire legal force. The general terms and conditions of the exhibitor shall not apply unless the Organiser has explicitly agreed to their applicability either in writing or electronically. Declarations made by the exhibitor to the Organiser must also be made either in writing or electronically.

2.1. This Part A applies where the "Sponsorship" and "Stand" section of the Contract of Participation to which these terms and conditions is attached has been completed in all material respects and for any subsequent stand related amends agreed in writing between the two parties.

2.2 The Exhibitor has agreed to sponsor, and the Organiser wishes to accept such sponsorship, of the Event on the terms and conditions set out in this Agreement.

2.3 The Organiser is willing to grant to the Exhibitor the various sponsorship and other rights as set out in this Agreement

2.4 In this Agreement, (and as defined in Part B below), the following expressions shall have the following meanings:

"Organiser" means Trailblazer Summits GmbH
Papenstraße 33e
D-22089 Hamburg
Germany

"Venue" means :event_location:

"Event schedule" means :event_name_full:: :event_dt_en:

"Exhibitor" means the person or company who has contracted for sponsorship and stand at the Event as identified on the Contract of Participation;

"Exhibitor Marks" means means the trademarks and logos which are the intellectual property rights of the Exhibitor and which are used (in accordance with this Agreement) by the Organiser for the purposes required under the terms of this Agreement

"Inspection Fees" means the fees for inspection of Space only stands as set out on the Contract of Participation;

"Exhibitor Participation Fee" means the fee for an Exhibitor indemnity to ensure compliance with Clause 5 of these term & conditions;

"Contract of Participation" means the form covering these terms and conditions under which bookings for stands, space or sponsorship are made;

"Registration" means the fee for registration as set out on the Contract of Participation;

"Stand Cost" means the cost of the stand as detailed on the Contract of Participation; "Event Marks" means the marks, logos and any other symbols the Organiser shall use to identify the Event which are the intellectual property rights of either the Organiser which are used (in accordance with this Agreement) by the Sponsor for the purposes required under the terms of this Agreement;

"Materials" means all banners, advertisements, posters, publications programmes, brochures, press releases, and other promotional materials associated with the Event whether printed or digital and on the Event website;

"Right" means the sponsorship rights granted to the Exhibitor for the Event as set out in this Agreement;

"Sponsorship Fee" means the sums payable by the Sponsor to the Organiser as set out in this Agreement (in the "Sponsorship" section of the Contract of Participation) . For the avoidance of doubt such sums shall be exclusive of Value Added Tax;

"Force Majeure Event" shall have the meaning given in clause 25 below;

2.5. The Organiser provides the Exhibitor with the services agreed in the Contract of Participation.

2.6. The Exhibitor pays the Organiser the fee that has been agreed in the Contract of Participation.

3.1. Offers made by the Organiser are non-binding and subject to change unless the Organiser explicitly declares otherwise in writing.

3.2. The Exhibitor must register using the registration form provided by the Organiser and must be done in writing or electronically. The registration represents the Exhibitor’s offer to conclude a Contract of Participation.

3.3. The Organiser is entitled to accept registrations that are received after the deadline.

4.1. All prices shown are net and do not include any statutory VAT that may be applicable.

4.2. Following acceptance, the Organiser invoices the Exhibitor for the agreed fee. Usage-based charges will be invoiced after the event has concluded.

4.3. Payment is due 30 days after receipt of the invoice; payment must in any case occur before the start of the event. The invoice shall be issued immediately after conclusion of the contract.

4.4. The Exhibitor is only entitled to offset fees, or exercise a right of retention, insofar as their claim has been confirmed in a court of law.

4.5. Insofar as the Organiser grants the Exhibitor a discount on the applicable list prices, this discount shall be rendered void if the Exhibitor violates their obligation to operate, or if they are in default with- their payment; in such cases the full amount of the applicable list prices shall be deemed to have been agreed.

4.6. Should the Organiser incur damages, including but not limited to arising from chargebacks, as part of the payment process, these shall be reimbursed to the Organiser by the Exhibitor. This shall not apply only if the Exhibitor is not responsible for the origination of such damages.

5.1 It is a condition of this contract that Exhibitors arrange adequate insurance to protect themselves and others attending the show. All Exhibitors will be required to produce, upon request a valid Certificate of Insurance (COI) which at a minimum includes General Liability coverages as outlined below:

5.2 The Organiser accepts no liability in contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of, quality, fitness for purpose or access to or provision of the Indemnity.

6.1. The Organiser will assign the Exhibitor an area. The Exhibitor has no claim to a specific presentation area or time.

6.2. The Organiser reserves the right to change the floor plan and the event specifications at any time if they believe this is necessary and in the best interests of the event, as long as these modifications do not significantly change the character of the event. The Organiser reserves the right to make appropriate changes to the size or position of the stand area assigned to the Exhibitor if compelling organisational reasons make this necessary and the Exhibitor’s interests can be appropriately accounted for. The Organiser will inform the Exhibitor of these changes without delay. Any increase in the stand area and/or improvement of the stand type will not impact the fees agreed in the Contract of Participation.

7.1. The Exhibitor undertakes to comply with the setup and dismantling times.

7.2. The Exhibitor undertakes to occupy the entire stand area they have booked and to actively operate their stand during the opening hours of the event.

7.3. In the event that the Exhibitor has still not occupied their assigned stand or stand area by the time the event begins, the Exhibitor reserves the right to proceed as they see fit.

7.4. Exhibitors must build their booth :event_booth_setup_en: 04:00 pm at the latest and may not take them down before :event_booth_end_en: at 05:00 pm. In case of non-fulfilment of one or more of these conditions, the organizer may charge the Exhibitor a fee of €5,000

7.5. The presentations given by the Exhibitor may not violate any applicable law. The Exhibitor shall also ensure that the contents of the materials published on their part do not breach copyright, trademark, or other intellectual property rights, competition rights, or general personality rights of third parties.

7.6. The Exhibitor shall indemnify the organizer from all damages and claims of third parties arising due to a breach of the Obligations of the Exhibitor set out in 7.5. of this contract at the first request of the organizer. This shall not apply if the Exhibitor is not responsible for the origination of such damages and/or claims.

7.7. Dismantling of the booth must, however, take place by 19:00 PM on the day of the event at the latest, and no materials belonging to the Exhibitor may remain at the venue beyond this point in time. The organizer may charge a fee of €50 per kg per day in removal and storage costs for any materials not completely removed from the venue after 19:00 PM on the day of the event.

7.8. Bringing food or drinks for distribution to visitors is prohibited. Exceptions may be granted, however, in individual cases.

7.9. When the Exhibitor exceeds the booked area with his booth, the organizer is authorized to either bill an additional fee of at least 2,000 EUR or demand the deconstruction of the booth parts exceeding the booked area.

7.10. The Exhibitor is obliged to deliver their company logo in a printable vector format (EPS or similar). This may be used by the organizer unreservedly for promotional purposes.

7.11. If the Exhibitor has booked an appearance as a speaker at a workshop or on the main stage as part of their package, they must deliver the name and a printable photo (min. 1 MB) of the speaker via the Organisers online portal for Exhibitors or via email at least three weeks in advance of the event. If a presentation is necessary as part of the appearance, this must be delivered via the organisers online portal for Exhibitors or via email at least 14 days before the event in 19:6 format as a PDF or PowerPoint file. It is not possible to use your own laptop for presentations. If this deadline is not met, it will either result in the speaker’s appearance being cancelled or a late fee of €850.00.

7.12. If the Exhibitor has booked One-on-One meetings, all required information must be delivered by the Exhibitor up to six weeks before the event, otherwise the guarantee for 50% of the meetings will expire. Four weeks before the event, the guarantee expires for 70% of the meetings. Two weeks before the event, the guarantee expires for all meetings.

7.13 The Exhibitor must provide all relevant information and approved wording for social media promotion at least four (4) weeks prior to the Event. Only where this deadline is met can the Organiser guarantee a social media mention using the Exhibitor’s approved wording. Where information is provided after this deadline, the Organiser cannot guarantee coverage. If, after the deadline, the Organiser elects to feature the Exhibitor, the content shall be drafted by the Organiser and published without prior alignment. In all cases, the Organiser reserves the right to amend or edit content to ensure consistency with its brand and style.

8.1. "Sub-Exhibitors" are all companies that exhibit or appear ("appearance") with their own personnel and/or own products (particularly goods and services) at the stand booked by the Exhibitor; this is also the case if they have close financial or organisational ties to the Exhibitor.

8.2. The appearance of each Sub-Exhibitor requires the prior written consent of the Organiser. The Exhibitor must apply to the Organiser for the acceptance of the appearance of a Sub-Exhibitor by submitting a completed registration form for Sub-Exhibitors.

8.3 The Sub-Exhibitor may terminate the Contract of Participation up to six months before the start of the event by paying 50% of the total costs. This termination must be made in writing. The Sub-Exhibitor is not otherwise entitled to terminate or cancel the Contract of Participation. In the event that the -Sub-Exhibitor is unable to take part in the event due to a reason for which they themselves are accountable, they are still obligated to pay the agreed fees.

8.4. The appearance of Sub-Exhibitors is subject to a fee that must be paid for each Sub-Exhibitor. The Exhibitor and their Sub-Exhibitors are jointly and severally liable for the fees.

8.5. The Exhibitor undertakes to ensure that the Sub-Exhibitor complies with this Terms and Conditions and all relevant requirements. The Exhibitor can be held liable for the acts of the Sub-Exhibitor.

8.6. The appearance and the marketing, advertising or promotion of companies who are not appearing as Exhibitors or Sub-Exhibitors is prohibited.

8.7Where a Sub-Exhibitor exhibits or appears without the prior written consent of the Organiser in accordance with clause 8.2, the Exhibitor shall automatically be liable to pay the full applicable Sub-Exhibitor fee package for each unauthorised Sub-Exhibitor. Such fee shall become due and payable immediately upon receipt of the invoice issued by the Organiser.The Organiser reserves the right to refuse access to, or require the removal of, any unauthorised Sub-Exhibitor.

9.1. The Organiser shall not be liable for services for which their sole involvement is as an intermediary.

9.2. The Organiser shall be liable without limitation in cases of intent or gross negligence.

9.3. The Organiser shall also be liable for minor breaches of its essential contractual obligations (cardinal obligations). Cardinal obligations are duties whose fulfilment is essential to the ability to execute the contract and on whose fulfilment the contracting party should regularly be able to rely and trust. In this case, the Organiser’s liability for damages shall be limited to the typical foreseeable damages.

9.4. In cases covered by Section 9.3, the typical foreseeable damages generally do not exceed the fees to be paid by the Exhibitor. Liability for consequential damages is excluded.

9.5. In the event of the assumption of a guarantee, in cases of fraud, in the event of death or personal injury, and in the case of compulsory statutory liability regulations such as under the compulsory liability under the German Product Liability Act (ProdHaftG), the Organiser shall be liable in accordance with statutory provisions.

9.6. In all other cases, liability on the part of the Organiser shall be excluded.

9.7. The above liability provisions also apply for non-contractual claims against the Organiser, its various bodies, legal representatives, employees and other personnel.

9.8. The Exhibitor shall be liable to the Organiser in accordance with statutory provisions insofar as there are no provisions to the contrary in these Terms and Condition.

9.9. The Exhibitor shall indemnify the Organiser against third-party claims against the Organiser arising from the culpable breach of the Exhibitor’s duties; the Exhibitor undertakes to reimburse the Organiser for the costs entailed by defending such claims.

10.1. The Exhibitor is entitled to terminate the Contract of Participation up to six months before the start of the event by paying 50% of the total costs. This termination must be made in writing.

10.2. The Exhibitor is not otherwise entitled to terminate or cancel the Contract of Participation. In the event that the Exhibitor is unable to take part in the event due to a reason for which they themselves are accountable, they are still obligated to pay the agreed fees; however, the Organiser will reimburse the participant for any expenses saved and for any benefits accruing from putting the stand area rented by the Exhibitor to a different use. As a rule, the Organiser does not save any expenses after the date specified under Section 10.1

10.3. In addition to the reasons arising from statutory law, the Organiser is entitled to terminate the Contract of Participation without notice in the following cases:

• If any invoice issued to the Exhibitor is not paid by the due date;
• If the Exhibitor becomes insolvent, unable to pay its debts, applies for the opening of insolvency proceedings, proposes or enters into any composition, voluntary arrangement or arrangement with creditors, or if a receiver, administrator, manager or similar officer is appointed over all or part of its business or assets;
• If a petition is filed, an order made or a resolution passed for the winding up or dissolution of the Exhibitor, except for the purpose of a bona fide merger or reconstruction;
• If the Exhibitor ceases or threatens to cease to carry on business or claims the benefit of any statutory moratorium;
• If the Exhibitor is an individual and dies, becomes bankrupt, or suffers any incapacity preventing effective participation in the Event;
• If an application for insolvency proceedings has been filed in respect of the Exhibitor’s assets; the Exhibitor must inform the Organiser of this without delay.
• If less than 50% of the event area allocated to Exhibitors has not been booked by the registration deadline;
• If the Exhibitor breaches their obligation to operate.

10.3.1 In the cases listed above, the full price for the booked stand shall immediately become due and payable. The Organiser shall have the right, at its discretion, to cancel, suspend, or continue any contract with the Exhibitor in relation to the Event, without prejudice to the Organiser’s right to recover any loss or damages incurred.

10.3.2 If the termination is based on a breach of contractual obligations by the Exhibitor, termination shall generally only be permissible after expiry of an appropriate grace period or after issuance of a warning, unless statutory law does not require such grace period or warning.

10.4 With the exception of any refund of any Fees with clause 10.2 above, the Organiser shall have no liability in contract, tort or otherwise to the Exhibitor howsoever arising out of or in respect of any cancellation or postponement of the Event or of it being moved to a new venue

The Exhibitor hereby gives their consent to the publication of images of individual exhibits. Information on photographs and the rights thereto pursuant to Article 13 of the General Data Protection Regulation (GDPR) is available online at the website.

12.1. Due to the fact that WiFi networks could interfere with the operations of other Exhibitors if their configuration is not controlled, the Organiser’s rules for the use of Exhibitors’ own radio frequencies must be complied with.

12.2. If the Exhibitor wishes to use their own radio frequencies, before activating these they must submit an application to the Organiser (in writing or electronically) to register this and receive written approval from the Organiser.

12.3. In the event that an unregistered Exhibitor-operated WiFi network disrupts other networks or the venue’s own WiFi network, the venue shall be entitled to demand that the Exhibitor adjust the parameters thereof; if the disruption continues, the venue may demand that the WiFi network be deactivated. In the event that the aforementioned requirements are not observed, the Exhibitor’s entire data line may be temporarily or permanently switched off. The Exhibitor will be invoiced for the cost of this measure.

In consideration of the Sponsorship Fee and the proper performance by the Exhibitor of the Sponsorship Obligations set out in clause 14 below and the observance of the Exhibitor’s warranties in clause 22, the Organiser hereby grants to the Exhibitor the Rights for the duration of the term.

14.1 In consideration of the grant of Rights the Exhibitor hereby agrees:-

14.1.1 to pay the Sponsorship Fee in the amounts and on the dates set out in the Agreement; and

14.1.2 to exercise the Rights at Exhibitor’s sole cost and adhere to and procure that Exhibitor’s staff adhere to any and all of the Organiser’s reasonable instructions in relation to the exercise of the Rights;

15.1 In consideration of the timely and proper performance of Exhibitor’s Sponsorship obligations in clause 14, the Organiser hereby agrees:-

15.1.1 to deliver or procure the delivery of the Rights to the Exhibitor;

15.1.2 to use its reasonable endeavours to procure that the Event is conducted in a first class professional manner;

15.1.3 to uphold the Exhibitor’s good name, image and reputation; and

15.1.4 to comply with all legislation and regulations at the Venue.

16.1 This Part B applies where the "Stand" and "Sponsorship" sections of the Contract of Participation to which these terms and conditions is attached has been completed in all material respects.

16.2 In this Agreement, the following expressions shall have the following meanings:

"Event" means the Event shown on the Contract of Participation

"Event Dates" means :event_dt_en:

"Event Dates" means :event_dt_en:

"Organiser " means Trailblazer Summits GmbH

Registration Number HRB 179100 – Amtsgericht Hamburg

"Venue" means :event_location:

"Grand Total" means the Stand Cost, Sponsorship cost and any other fees payable by the Exhibitor excluding any applicable VAT.

16.3 These terms and conditions shall apply to all arrangements between the Exhibitor and the Organiser relating to the Event.

16.4 No terms and conditions stipulated by the Exhibitor shall apply to this Agreement or the relations between the Exhibitor and the Organiser unless expressly agreed by the Organiser in writing and stated to be a variation to this Agreement.

17.1 The Organiser may at any time, at its sole discretion, cancel, postpone, or move the Event to another venue. The Organiser will notify the Exhibitor as soon as possible if the Event is cancelled, postponed, or moved to another venue. Except where such cancellation is due to a Force Majeure Event, if the Event is cancelled, the Organiser will repay to the Exhibitor (without interest) any Sponsorship Fee paid by the Exhibitor to the Organiser and the booking will be cancelled.

17.2 If the Event is postponed or moved to another venue, this Agreement will remain in force for the new dates and venue provided that the new dates and/or venue are in the reasonable opinion of the Organiser appropriate for the Event.

18.1 The Organiser reserves the right to cancel any Exhibitor’s booking, and should it do so its sole liability shall be to refund all monies paid by that Exhibitor.

18.2 In no circumstances shall the Organiser be liable for any loss (including indirect or consequential loss) or damage suffered by an Exhibitor resulting from such cancellation howsoever the same may be caused. This clause is subject to clause 10 and 18 where applicable.

19.1 Nothing in this Agreement shall exclude or restrict either party’s liability for (a) fraudulent misrepresentations or (b) death or personal injury resulting from the negligence of that party or its employees, agents or subcontractors while acting in the course of their employment or engagement.

19.2 The Exhibitor shall indemnify the Organiser against all liabilities, claims, demands, actions, costs, damages or loss arising out of any breach of this Agreement by the Exhibitor.

20.1 Due to the fact that the Organiser is a subsidiary of CloserStill Media Ltd, the Exhibitors’ data will be utilised within the CloserStill Media Ltd corporate group.

20.2 For the purposes of this Agreement, the following phrases shall have the following meanings:

20.2.1 "Data Protection Laws" means all applicable laws and regulations relating to data protection and the Processing of Personal Data which apply to a party in any territory in which they Process Personal Data including, without limitation, the General Data Protection Regulation 2016/679, the UK GDPR, the Data Protection Act 2018, the EU e-Privacy Directive (Directive 2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and including all law and regulations implementing or made under them, any replacement, amendment, extension or re-enactment of them, any judicial or administrative interpretation of any of them and, where applicable, the guidance and codes of practice issued by the UK Information Commissioner’s Office (or equivalent regulatory body) and/or any industry body, in each case in any relevant jurisdiction(s);

20.3. The Organiser collects the registration data (contact details such as the company, contact persons, address, phone number, email address, URL) and order data, and it uses these for the performance of the contract. Insofar as additional service providers are contracted, these service providers will receive the collected data (company, contact person, address, phone number and email address) for the performance of stand construction or for the provision of additional services. In addition, the name (company, contact person) and address will be used for the purposes of written advertising. The phone number will be used for advertising purposes if express consent is given or if the requirements are met for the presumption of consent. The Organiser uses the email addresses that are collected to provide additional information on similar products and services that they themselves offer. It is possible to object at any time to the use of one’s own data for advertising purposes -such as by sending an email to :event_email:.

20.4. The Exhibitor consents to the transfer of the data collected during registration to CloserStill Media Ltd and its subsidiaries. This involves the following data: company, address (street, postcode, town/city), phone number, URL, name of the owner / marketing director / contact person (and their position) for processing purposes for the trade fair that has been booked / date of the trade fair / scope of services booked for the trade fair.

20.5. The Exhibitor also consents to the company being named as an Exhibitor within the framework of all communication measures related to the trade fair (press releases, print and online publications).

20.6. The Organiser and their partner for data collection cannot provide Exhibitors with any data on the visitors. Should the Exhibitor make use of the Lead Management System they will only be able to access the data provided by visitors in the registration process that they have voluntarily made available to the Exhibitor. The organiser shall not be liable for the correctness or completeness of visitor data.

20.7 If the Exhibitor receives any Personal Data relating to the Organiser and/or the Event (including, but not limited to, Personal Data relating to Event delegates which may include names and email addresses), the Exhibitor agrees:

20.7.1 that it will Process such Personal Data as an independent Controller;

20.7.2 to use and Process such Personal Data in accordance with Data Protection Laws; and

20.7.3 not to do or omit to do anything that could cause the Organiser to breach Data Protection Laws.

20.8 Any Personal Data Processed by the Organiser in relation to the Exhibitor shall be Processed in accordance with the Organiser’s privacy policy available at https://trailblazersummits.com/policy

21.1 All intellectual property rights in the Exhibitor’s Marks shall be the Exhibitor’s sole and exclusive property together with any goodwill and the Organiser shall not acquire any rights in the Exhibitors Marks.

21.2 All intellectual property rights in the Event Marks shall be the sole and exclusive property of the Organiser together with any goodwill and the Exhibitor shall not acquire any rights in the Event Marks.

22.1 The Exhibitor hereby warrants and undertakes to the Organiser that the Exhibitor is the sole unencumbered owner of or controller of all intellectual property rights and any other rights in the Exhibitor’s Marks and that the use by the Organiser of the Exhibitor’s Marks in accordance with the terms of this Agreement will not infringe any third party rights and will not expose the Organiser to any criminal or civil proceedings and the Exhibitor agrees to indemnify the Organiser from any claim inconsistent herewith in accordance with clause 19.2 hereof.

22.2 The Organiser hereby warrants and undertakes to the Exhibitor that the Organiser controls the intellectual property rights in the Event Marks and that any use of the Event Marks by the Exhibitor (if so authorised in the Rights granted herein) (and where the Event Logo is used by the Exhibitor in accordance with the Organiser’s instructions) shall not infringe any third party rights and will not expose the Exhibitor to any criminal or civil proceedings

22.3 The Exhibitor hereby warrants and undertakes to the Organiser that it has full right authority and power to enter into and perform this Agreement and the Exhibitor is not bound by any previous agreements with any third party which adversely affects this Agreement.

22.4 The Organiser hereby warrants and undertakes to the Exhibitor that the Organiser has full right authority and power to enter into and perform this Agreement and are not bound by any previous agreement with any third party which adversely affects this Agreement.

The Exhibitor undertakes that it will not at any time hereafter use, or communicate to any person, except to its professional representatives or advisers or as may be required by law or regulatory authority, any confidential information concerning the business or affairs of the Organiser which may come to its knowledge and it shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters

The Exhibitor grants and the Organiser accepts a worldwide, non-exclusive, perpetual, royalty free, sub-licensable right to use the Exhibitor’s Marks (a) for the promotion of the Event; (b) to promote and exploit the Event in any media whether now known or yet to be invented (including in a computer game, on a website or mobile-device application) and including by use on promotional material and merchandising; and (c) for the promotion of any subsequent events held by the Organiser or an affiliate of the Organiser

25.1 Should the Event be cancelled, moved, curtailed or adversely affected by any cause not within the reasonable control of the Organiser including but not limited to war, fire, national emergency, labour dispute, breakdown of plant or machinery, strike, lockout, civil disturbance, Act of God, pandemic, epidemic or non-availability of the Venue or otherwise for any reason, the Organiser shall not be in breach of this Agreement.

25.2 If the Event is postponed and/or relocated due to a Force Majeure Event, this Agreement shall remain in force and shall be deemed to apply to the rescheduled and/or relocated Event. Any amounts already paid shall be credited against the rescheduled/relocated Event and shall not be refundable.
25.2.1 If the Exhibitor demonstrates that it is objectively impossible for it to participate on the rescheduled date and/or at the relocated venue, the Exhibitor may terminate this Agreement by written notice, in which case the Organiser may retain 25% of the Fees paid or payable as a reasonable cancellation charge. The Exhibitor shall be entitled to prove that the Organiser has suffered lower loss.

25.3 If the Event is shortened or curtailed due to a Force Majeure Event, the Exhibitor shall only be entitled to a pro-rata refund of the Fees where the shortening results in the loss of more than 35% of the originally scheduled Event duration. Any refund shall be limited to the proportion of the Event duration lost beyond that threshold.

25.4 If the Event is cancelled due to a Force Majeure Event, the parties shall be released from their remaining contractual obligations. The Organiser shall be entitled to retain (or, if not yet paid, invoice) compensation for reasonable costs incurred in preparing and partially performing the Event, capped at 50% of the Fees. Any Fees paid in excess of that amount shall be refunded.

25.5 In the circumstances set out in this clause, neither party shall have any further liability to the other for any loss, damage, cost or expense (including indirect or consequential loss), except where such loss arises from wilful misconduct or gross negligence.

Without prejudice to the right to serve notices by any other means any notice served under this Agreement shall be in writing. Any notice which has been sent by first class prepaid post shall be deemed to be received 48 hours thereafter (excluding Saturdays, Sundays and public holidays). For the purposes of this Agreement all notices shall be sent to the parties at the addresses given in the Contract of Participation unless such other address is notified to the other party in writing.

27.Miscellaneous

27.1. Nothing contained in this Agreement shall be deemed to create any relationship of partnership, joint venture or agency between the parties hereto

27.2 All claims or complaints related to the event, the organisation and the presentation of the event (including the venue) must be presented to the organiser in writing within the limitation period of two weeks after the end of the event. Claims by the Exhibitor against the organiser shall be time-barred six months after the end of the month in which the final day of the event falls. Notwithstanding this provision, claims by the Exhibitor pursuant to Section 9.2 and Section 9.5 shall be time-barred in accordance with statutory provisions.

27.3. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, both parties to the agreement undertake to replace any invalid provision with a valid provision that most closely achieves the commercial purpose intended by the invalid provision. This shall also apply in the event of a gap in the provisions.

27.4. The Exhibitor shall not assign, sub-licence, divest or otherwise seek to delegate any of its rights and obligations hereunder without the Organiser’s prior written consent.

27.5. A waiver by either party of a breach of any term or condition of this Agreement in any one instance shall be in writing and shall not be deemed as a continuing waiver or a waiver of any subsequent breach unless so provided for by the written notice.

27.6. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and arrangements (whether written or oral) in relation to such subject matter between the parties.

27.7 No amendments shall be made to this Agreement, or be binding on the parties, unless made in writing (including by email).

28.Governing Law and Jurisdiction

28.1. The law of the Federal Republic of Germany shall apply exclusively to these Terms and Conditions and to all legal relations between the Organiser and the Exhibitor, to the exclusion of the provisions of international private law. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

28.2 Insofar as the Exhibitor is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction (including internationally) for all disputes arising either directly or indirectly out of or in relation to this contractual relationship shall be Hamburg, Germany. This shall also apply if the Exhibitor is an entrepreneur according to Section 14 of the German Civil Code (BGB). However, the Organiser is entitled to proceed against the Exhibitor at their place of general jurisdiction or at any other permissible place of jurisdiction.

28.3. These Terms and Conditions have been compiled in German and translated into other languages. In the case of any doubt or of a deviation between the German version and the foreign language version, the German version shall be definitive for both parties to the contract.