agb engl Techtextil Messe Frankfurt

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					General Terms and Conditions                            (3) Messe Frankfurt shall decide upon accept-           joint stand organiser and the participants sharing
(as of February 2009)                                   ance of exhibitors at its due discretion. Messe         the latter's stand. No additional assignment of
                                                        Frankfurt is entitled to reject applications for        the confirmed stand - wholly or partially, even if
1. Organiser and event venue                            acceptance, basing its decision on the space            free of charge - to third parties or inclusion or
                                                        capacities available for the event and on the tar-      representation of other companies on the stand
(1) The organiser is:                                   get and structure of the event as determined by         is permitted. An exchange of stands is only per-
     Messe Frankfurt Exhibition GmbH                    Messe Frankfurt. The exhibitor may not deduce           missible with the prior written consent of Messe
Ludwig-Erhard-Anlage 1                                  any rights from participation at previous events.       Frankfurt.
D-60327 Frankfurt am Main                                                                                       If this ruling is not observed, Messe Frankfurt is
Phone: ++49 69 7575-0                                   (4) Participants sharing a stand can also be per-       entitled to terminate the contract without notice
Fax: ++49 69 7575-6433                                  mitted to take part in the events. Participants         and to have the stand cleared at the exhibitor's                                  sharing a stand are exhibitors with their own           expense.
                                                        personnel and offering their own products at a
The participation fee will be billed by Messe           joint exhibition stand rented by a joint stand          (3) The Contract of Participation is only applica-
Frankfurt Exhibition GmbH, hereinafter called           organiser. Participants sharing a stand are sub-        ble to the products specified in the registration
Messe Frankfurt.                                        ject to the same participation terms as the joint       form and approved by Messe Frankfurt.
                                                        stand organiser. When joint exhibition stands are       In the event of the exhibitor wishing to alter his
(2) The event will be held on the grounds of            approved, stand confirmation will be sent to the        exhibition range, the exhibitor undertakes to
Messe Frankfurt Venue GmbH & Co. KG, herein-            joint stand organiser only, who is the sole con-        inform Messe Frankfurt of his intention to inclu-
after called the Exhibition Centre.                     tracting partner of Messe Frankfurt.                    de new products and/or omit products in good
                                                        If a participant is allowed to share a stand            time prior to the beginning of the event, to ena-
(3) Location-related services will be rendered by       without the consent of Messe Frankfurt, the             ble Messe Frankfurt to issue its consent after
Messe Frankfurt Venue GmbH & Co. KG and bill-           latter is entitled to terminate the contract with       making any investigations necessary and under-
led to the exhibitor.                                   the joint stand organiser without notice and to         taking any measures required. In the event of
                                                        have the stand cleared at said organiser's              such notification being made to Messe Frankfurt
                                                        expense.                                                less than two months prior to the start of the
2. Registration                                                                                                 event, Messe Frankfurt can no longer guarantee
                                                        (5) Messe Frankfurt shall determine the compo-          being able to make the enquiries necessary for
(1) For acceptance as an exhibitor at the event,        sition of the event, in particular the branches of      acceptance. If the exhibitor alters his product
applicants must register in due time. If exhibitors     industry, the product groups and their make-up,         range or its composition without the consent of
wish to register in writing (print registration),       and is entitled, in deciding upon exhibitor             Messe Frankfurt, contrary to the details stated in
they must submit a duly completed event regis-          acceptance, to take account of the composition          the registration form, Messe Frankfurt is entitled
tration form. This registration form is to be sig-      of exhibitors in respect of international origin,       to terminate the contract without notice. No
ned and stamped by the exhibitor in a legally           company structures, economic stages and other           claims for damages may be made against Messe
binding way. Exhibitors can also register online        objective features. Messe Frankfurt shall not be        Frankfurt by the exhibitor in this connection.
by sending the registration form electronically         bound by decisions taken in the past regarding
(online registration). Online registrations are valid   previous events.                                        6. Terms of payment, termination in the event
without a signature and stamp if sent from the                                                                  of non-payment and insolvency, lien
password-protected portal. Registration must be         (6) If Messe Frankfurt has a substantial interest
received by Messe Frankfurt Exhibition GmbH by          in measures as defined in (5) due to special cir-       (1) In return for the right to participate in the
the date given on the registration form.                cumstances, it has the right to arrange alterna-        event and to use the exhibition space, the exhi-
The registration applies to the dates specified on      ting acceptance of exhibitors.                          bitor shall pay a remuneration (stand rent) to
the registration form.                                                                                          Messe Frankfurt. In calculation of space, figures
Submission of a registration form does not con-         (7) Messe Frankfurt is entitled to refuse accept-       will always be rounded up to the next half or full
stitute a claim to being approved as an exhibitor.      ance to companies which have simply acquired            square metre, depending on the first two deci-
                                                        company assets, such as rights to name or               mal places after the decimal point. From .... 01
(2) Messe Frankfurt shall not be liable for the         brands, from former exhibitors. This does not           to ....50 inclusive, the space will be rounded up
consequences or damages directly or indirectly          apply in the event of legal succession.                 to half the square metre; from ....51 to ....00
ensuing from incorrect, misleading, imprecise or                                                                inclusive, the space will be rounded up to the
incomplete information either contained in the          (8) Messe Frankfurt is entitled at any time to          full square metre. For stand space of up to 50
registration form or based on any other details         exclude from admission, i.e. presentation, any          m², the area occupied by a column will be
furnished by the exhibitor; Messe Frankfurt             exhibition articles which do not conform to the         deducted from the space on which stand rent is
reserves the right to refuse to consider inade-         targets it has set for the event.                       based. Subsidiary costs are not included in stand
quately or not fully completed registration forms                                                               rent. The prices applying to the event are speci-
or registration forms submitted later than the          (9) The exhibitors undertake to adhere to all           fied in the registration form, service folder, price
date specified.                                         regulations relating to species protection and          lists, etc.
                                                        remain legally and substantively responsible for
(3) Receipt of the written registration form will       them during their participation in the exhibition.      (2) The exhibitor will usually receive an invoice
not usually be confirmed. In the event of confir-                                                               for the stand rent together with stand confirma-
mation of receipt being given, this cannot be           4. Stand allocation and alteration of stand space       tion. VAT at the current rate must be added to
considered as stand confirmation as specified                                                                   all prices, which are to be paid in euros. The
under the terms of No. 5. For online registra-          (1) Stands will be allocated on the basis of            invoice is payable two and a half months prior
tions, the exhibitor will receive an electronic         technical exhibition factors. Exhibitors have no        to the start of the event. If, after an invoice has
confirmation of receipt, which does not consti-         right to any particular position, stand size or stand   become payable, an exhibitor applies for and is
tute a stand confirmation as specified under the        type, regardless of any positioning proposal which      allocated a larger space than originally schedu-
terms of No. 5 either.                                  may have been made on the registration form.            led, the additional amount will be payable imme-
                                                                                                                diately. The payment is to be made in due time
                                                        (2) In allocation of stands, account may be             so that Messe Frankfurt can dispose of it in its
(4) The withdrawal of registration, even prior to       taken of the product groups to which the regis-         bank accounts, free of charges, by the date spe-
receipt of stand confirmation, always requires          tered articles are affiliated; Messe Frankfurt shall    cified.
the prior consent of Messe Frankfurt regardless         decide on the product group to which the exhibi-
of the registration date.                               tor is to be allocated. Messe Frankfurt may offer       (3) Objections to invoices must be made in wri-
                                                        the exhibitor a selection of other stand sizes.         ting within a preclusive period of 14 days follo-
3. Acceptance requirements, alternating                 Stands of less than 9 m² are not permitted; on          wing receipt of the invoice. The invoiced sum
acceptance, termination of joint stands without         the outdoor exhibition area, the minimum size is        may not be offset against non-recognised
notice                                                  20 m².                                                  demands or claims against Messe Frankfurt.

(1) Manufacturers whose exhibits correspond to          (3) Messe Frankfurt has the right to make chan-         (4) Stand confirmation is subject to full settle-
the product groups of the event will be accepted        ges to stands or to stand allocation, even after        ment of all outstanding and payable claims of
as exhibitors at the event; the same applies to         confirmation has been issued, inasmuch as it            Messe Frankfurt against the exhibitor. Stand
trade publishers with the appropriate subject           has a substantial interest in such measures due         confirmation issued despite outstanding and pay-
matter. Other companies will be admitted by             to special circumstances.                               able claims is subject to the condition that such
Messe Frankfurt to exhibit at the event, provided                                                               outstanding accounts be settled immediately on
that the products to be exhibited constitute an         (4) In the event of such measures, the exhibitor        receipt of stand confirmation. The same applies
inherent supplementation of the scope of pro-           has no right to make claims against Messe               accordingly to claims held by Messe Frankfurt
ducts on show (see registration form).                  Frankfurt for rescission or damages - except in         Venue GmbH & Co. KG (No. 1 (3)).
                                                        cases of intent or gross negligence.                    If these outstanding claims are not settled imme-
(2) The exhibitor undertakes to provide Messe           Nevertheless, the exhibitor has the right of res-       diately, Messe Frankfurt is entitled to withdraw
Frankfurt with all the information required about       cission if Messe Frankfurt offers an area less          from the Contract of Participation at any time
his company and the products to be exhibited.           than 50% of the contracted size.                        and to make other use of the exhibition area in
Should the exhibitor wish to display several                                                                    question.
approved product groups on one stand, he must           5. Conclusion of Contract of Participation
specify the percentage share of each group.                                                                     (5) Stand confirmation is issued to new exhibi-
Should the exhibitor's range of products or the         (1) Acceptance as an exhibitor is issued in the         tors on the condition that the stand rent is paid
composition of his product range not comply             form of written confirmation giving details of the      within the period prescribed (section 6. (2)); fai-
with the details submitted, Messe Frankfurt is          stand. The Contract of Participation is thus con-       ling this, Messe Frankfurt is entitled to terminate
entitled, at short notice if need be, to exclude        cluded between the exhibitor and Messe                  the Contract of Participation at any time and to
the exhibitor from taking part in the event.            Frankfurt and is legally binding.                       make other use of the exhibition area in
Depending on the nature of the event, software          The Contract of Participation is valid for the peri-    question.
and services suitable for a fair presentation shall     od of time specified.                                   New exhibitors are exhibitors who did not parti-
likewise be classified with the products to be                                                                  cipate in the corresponding prior event.
displayed (exhibits, merchandise, goods, product        (2) The Contract of Participation applies only to
groups, exhibition goods and exhibition articles).      the registered exhibitor or, respectively, to the
(6) In the event of insolvency proceedings rela-       mer support this entails. They shall enter the         (4) If the event is not held for reasons for
ting to the exhibitor or inability to pay on the       information provided to them into the systems          which Messe Frankfurt is not responsible or due
part of the exhibitor during the period covered        and take responsibility for the maintenance the-       to force majeure, Messe Frankfurt has the right
by the contract, the exhibitor shall inform Messe      reof, including updating of the media/marketing        to cancel the event altogether or to hold it on a
Frankfurt immediately.                                 package. The exhibitor agrees that the data they       new date. The exhibitor shall be notified accord-
                                                       provide for the media/marketing package will be        ingly. If the event is scheduled to be held on a
(7) Messe Frankfurt is entitled to give notice of      passed on to the service providers for implemen-       new date, the exhibitor has the right to cancel
termination of the Contract of Participation, by       tation. The contact details of the service provi-      his participation on the new date, providing he
registered mail sent to the last known address         ders for the internet systems can be found in          does so within one week of receipt of notifica-
of the exhibitor, without observing the periods        the registration documentation and/or at               tion of the new date.
specified for notice and irrespective of the conti- under Contact >
nued liability of the exhibitor for the entire stand   Exhibitor Hotline.                                     (5) If the event is abandoned, once opened,
rent, if                                                                                                      owing to circumstances for which Messe
                                                       (5) In contrast to the duration of the publication     Frankfurt is not responsible, rescission of the
a. an application for insolvency proceedings           of exhibitor information on the event website,         contract or submission of a claim for damages is
has been filed or such proceedings commenced           the duration of an entry in Productpilot begins        excluded. The same applies if Messe Frankfurt,
relating to the exhibitor or the exhibitor has dis-    on the first day of the trade fair for which the       by reason of force majeure or other such cir-
continued payment or                                   exhibitor has registered and ends on the first         cumstances beyond the control of Messe
                                                       day of the fair's next edition. Exhibitors are ent-    Frankfurt, is forced to close or clear several
b. the stand rent has not been received or has         itled to a free update of their data during a trade    areas of the event or even the entire exhibition
only been partially paid by the last dates speci-      fair cycle. The content of the update will also be     area either temporarily or for a longer period of
fied for payment.                                      shown on the event website.                            time. This also includes any restrictions on utili-
                                                                                                              sation of the contractual stand area or access to
After receipt of notice of termination, Messe          (6) Only event-related exhibits may be specified       it which may ensue due to reorganisation or
Frankfurt may make other use of the exhibition         for inclusion in the catalogue and the internet        reconstruction measures or due to regulations
area in question. In the event of an occurrence        systems; with regard to the catalogue, they            and instructions issued by the appropriate
as defined in lit. a, Messe Frankfurt can refuse       must also comply with the specified nomencla-          authorities. Under such circumstances, Messe
acceptance for future events. The exhibitor has        ture. This shall also apply to additions to the        Frankfurt will endeavour to provide an alternati-
no right to claim damages from Messe                   text which are necessary for the entry in order        ve solution, yet in no way acknowledges a legal
Frankfurt.                                             to improve clarity. Exhibits that are not linked to    obligation to do so.
                                                       the theme of the event will not be included in
(8) To cover all obligations not fulfilled by the      the catalogue or the internet systems upon
exhibitor, Messe Frankfurt has a lien on the           Messe Frankfurt's request.                             9. Use of the stand, damages and liability in
stand equipment and exhibits belonging to the                                                                 the event of non-participation, termination
exhibitor. Messe Frankfurt may, if the commit-         (7) The descriptions and images provided by the        without notice
ment is not fulfilled within the time specified,       exhibitor for publication in the catalogue and in
have the attached articles auctioned or, provi-        the internet systems must not infringe the rights      (1) The exhibitor undertakes to use the stand
ding they have a market price or are quoted on         of third parties. The exhibitor shall indemnify        for the duration of the event in conformity with
the stock exchange, sell them on the open mar-         Messe Frankfurt against any and all third-party        the terms and conditions relating to event parti-
ket, having given the exhibitor notice of intent       claims in this regard.                                 cipation and to keep the stand sufficiently
one month prior to sale. Messe Frankfurt is not                                                               manned at all times during the hours of opening
liable for damage to or loss of the attached           (8) Exhibitors agree to receive email enquiries        (compulsory presence). Each exhibitor underta-
goods.                                                 from Productpilot users via the Productpilot           kes to mark the stand with the name and place
                                                       system. Messe Frankfurt assumes no responsibi-         of business of his company according to the
(9) Section 562a sentence 2 of the German Civil        lity for the data, information and content used        details given in stand confirmation. In addition,
Code (BGB) does not apply.                             by Productpilot users and disclaims all liability in   the exhibitor has an obligation to use the stand
                                                       this connection. Exhibitors are prohibited from        in compliance with acceptance criteria and in a
                                                       using the addresses, contact details and email         way suited to stand size and the exhibits on
7. Media/marketing packages                            addresses acquired by using Productpilot for           show. Messe Frankfurt has the right to inspect
                                                       purposes other than contractual and pre-contrac-       such use.
(1) In order to ensure that exhibitors and their       tual communication. In particular, exhibitors may
products enjoy optimum visibility and can be           not use this data to conduct commercial adver-         (2) If the exhibitor, although registered and
found easily, and thus to provide their custo-         tising or send unwanted advertising (spam).            accepted, does not participate in the event for
mers and visitors with a comprehensive range of                                                               any reason whatsoever, Messe Frankfurt is ent-
information options, Messe Frankfurt offers            (9) The regulations pertaining to entries in the       itled to allocate the stand to another user. If
modern information channels for its events.            catalogue and the internet systems shall also          Messe Frankfurt is not able to reallocate the
Messe Frankfurt has supplemented its official          apply accordingly to the inclusion of the exhibi-      stand that has become free, it has the right to
trade fair catalogue and event website with the        tor in Messe Frankfurt's electronic visitor infor-     design it at the exhibitor's expense.
Productpilot internet portal. Productpilot is an       mation system ("Compass").
online-based information and communications                                                                   (3) Under all circumstances, the exhibitor is
platform which allows for continuous contact                                                                  fully liable for the whole stand rent. The obliga-
between exhibitors and their customers in bet-          8. Event schedules, postponement and altera-          tion of Messe Frankfurt to limit avoidable conse-
ween trade fairs. It is an international and cross-    tion of length of event, cancellation or abandon-      quences is not prejudiced thereby.
industry platform.                                     ment of the event
                                                                                                              (4) If the exhibitor fails to participate in the
(2) The media/marketing packages include the           (1) The duration of the event is specified in the      event, cancellation fees of EUR 375 will be
publication of exhibitor data                          registration form. During this period, the event       charged, regardless of whether the stand is re-
- in the printed version of the official trade fair    is open for visitors daily from 9 a.m. to 6 p.m.       rented or not.
catalogue,                                             and for exhibitors daily from 8 a.m. to 7 p.m.,
                                                       unless individually specified otherwise. Entry to      (5) This also applies if the stand allocated has
- in Messe Frankfurt's electronic visitor infor-       the Exhibition Centre is not permitted outside of      not been occupied by 6 p.m. on the day prior to
  rmation system (Compass) and                         these times.                                           the start of the event or if the stand has been
- on the internet on the event website, as well                                                               completely or partially cleared before the end of
  as year-round at the B2B            (2) Specified days prior to and after the event        the event and is no longer manned or if the pro-
  portal.                                              can be used by the exhibitor for stand set-up          ducts registered and accepted are not exhibited.
                                                       and dismantling. Further details are given in the
(3) Exhibitors shall undertake to commission           service folder. Only in exceptional circumstances
their entry into the catalogue and the internet        can set-up and dismantling work be carried out         (6) In the event of a breach of one of the obli-
systems in line with the applicable conditions. In     outside of this period and then only at extra          gations set forth above, the exhibitor can be
order to ensure that the catalogue and internet        cost with the prior written consent of Messe           excluded from future events by Messe
systems are complete, Messe Frankfurt shall be         Frankfurt. Messe Frankfurt reserves the right to       Frankfurt. The exhibitor has no right to claim
authorised to order the inclusion of data in the       change contractual set-up and dismantling times        damages.
catalogue and internet systems for those exhibi-       at short notice inasmuch as it has a substantial
tors for whom the publisher and/or internet serv-      interest in such measures due to special circum-
ice provider have not received an order by the         stances; as far as legally permissible, exhibitors     10. Exhibits
specified submission date, and shall do so at the      have no claim to damages.
exhibitor's expense; this shall be done on the                                                                (1) During the event, the stand must be furnis-
basis of the documentation available to Messe          (3) Inasmuch as it has a substantial interest in       hed with the exhibits which have been registe-
Frankfurt, and Messe Frankfurt shall not be res-       such measures due to special circumstances,            red and accepted for display. Exhibits must not
ponsible for the correctness of such data. An          Messe Frankfurt is entitled to change the time         be exchanged for different exhibition samples.
entry in the catalogue supplement shall be dee-        and/or venue of the event and to alter the             During the hours of opening, articles on display
med equivalent to an entry in the catalogue in         length and/or opening hours of the event.              may not be concealed.
this regard.
                                                       In the event of a change in the time or venue of       (2) Only brand-new articles or unique items
(4) Messe Frankfurt makes use of service provi-        the event or a change in the length of the             may be used as exhibits. The manufacture of
ders for the entries in the various information        event, the contract is deemed made for the new         articles on the fair stand itself may only be carr-
systems. A catalogue publisher shall be comm-          time and/or event venue; there are no rights of        ried out with the special permission of Messe
missioned with the entire layout, production and       rescission whatsoever ensuing therefrom nor            Frankfurt.
sale of the catalogue. The publisher's address is      from any alteration to the hours of opening. No        To demonstrate machines, appliances, plants,
given in the registration documentation. Other         claims for damages can be made under such cir-         instruments, etc., the regulations on the installa-
service providers are commissioned with the            cumstances.                                            tion and demonstration of machines and instru-
operation of the internet systems and the custo-                                                              ments (see also Technical Guidelines) are appli-
cable, as well as any additional special regula-       gical principles or which are contra bonos mores          (13) Messe Frankfurt is entitled - at the exhibi-
tions.                                                 - any measures containing ideological or political        tor's cost - to remove all advertisements which
                                                       subject matter                                            have been put up without permission or to stop
(3) Section 3 (8) shall apply if these obligations     - any measures which disturb other exhibitors,            any publicity measures which have been imple-
are breached.                                          i.e., acoustic or optical irritations (flashing lights,   mented without permission, without Messe
                                                       moving screens, loudspeaker announcements,                Frankfurt being required to first speak to the
                                                       etc.), accumulation of dust, soiling of the floo-         exhibitor or make any appeal to law.
11. Visitor authorisation                              ring, etc.
                                                       - any measures interfering with the flow of visi-
(1) Trade buyers and other trade visitors are          tors, especially those which cause congestion in          14. Visual and sound recordings
authorised to visit the event. Messe Frankfurt is      the hall aisles and are thus detrimental to the
entitled to carry out appropriate checks at the        running of the event                                      (1) Making visual and sound recordings of exhi-
entrance and to refuse entry to visitors who are       - any measures comprising a decoration of the             bition samples or exhibition stands (including
not appropriate to the aim of the event.               stands with flags, pennants, banners etc.                 sketches) is prohibited. In the event of viola-
                                                       - any measures which include live animals as              tions, Messe Frankfurt is entitled to confiscate
(2) Messe Frankfurt may declare the event to           viewing objects                                           and store sketches and exposed or recorded
be completely or partially open to the general         - any measures constituting third-party publicity,        material at the exhibitor's expense.
public.                                                as well as any measures indicating names of               Activities of the media, such as radio, television,
                                                       suppliers, customers and other companies                  film, daily and trade press, for the purpose of
12. Sales activities, prohibition of counter sales,    - any measures promoting other fairs and exhibi-          press coverage are not affected by this provi-
termination without notice if obligations are bre-     tions which can be regarded as competitive                sion.
ached                                                  events
                                                       - any measures which violate official instructions        (2) The exhibitor is, however, entitled to make
(1) The exhibitor may accept orders and comm-          and orders, particularly those of the fire depart-        visual and sound recordings or drawings of his
missions from specialist trade buyers who fur-         ment.                                                     own stand or his products exhibited during the
nish proof of their identity as such and may                                                                     hours of opening of the event. Messe Frankfurt
conclude contracts for performance outside of          (6) In exceptional circumstances, balloons may            has authorised photographers for each hall level
the event. The same applies to exhibits which          be used within the stands, provided that they             and the outdoor exhibition area; they can be
are to be delivered once the event has finished        are filled with safety gas and the prior consent          identified by their official Messe Frankfurt Venue
                                                       of Messe Frankfurt Venue GmbH & Co. KG,                   GmbH & Co. KG identity card and are entitled to
(2) No open price labelling is permitted, either       Event Engineering Department                              take photographs of the stands for the exhibitor.
on the stands or on the exhibits or in the fair        (Veranstaltungstechnik), has been obtained.               If the exhibitor wishes to have photographs
catalogue or on advertising material.                                                                            taken (by his own photographer) outside of the
                                                       For demonstrations, only approved safety mate-            official opening times of the event, the permit to
(3) Counter sales, i.e., the sale and handing          rials and demonstration appliances tested by the          do so must be acquired from Messe Frankfurt
over of goods including samples, as well as the        VDE (Association of German Electrical                     Venue GmbH & Co. KG no later than three
sale of meals and drinks, are not allowed at the       Engineers) may be used.                                   weeks prior to the start of the event (there is no
event itself (including cash sales).                   When inspecting the event, the local fire depart-         specific application form for this).
This applies particularly to the final day of the      ment will check that these regulations have
event. Furthermore, free exhibition samples may        been observed. The written approval of the fire           (3) Messe Frankfurt and its subsidiary compa-
only be delivered once the event has finished.         department must be kept ready for presentation            nies are entitled to make, or to have made on
                                                       by the exhibitor during acceptance inspection of          their behalf, visual and sound recordings, as
(4) Sales which do not serve the commercial            the stand.                                                well as sketches of exhibition stands or individu-
purposes of the purchaser - this also applies to                                                                 al exhibits, for the purposes of documentation
buyers from other trades - are not allowed, even       (7) The use on the stands of computer informa-            or for their own publications. This also applies
if this involves the conclusion of contracts for       tion systems which can be employed to call up             to any persons included in such recordings.
performance after the event has finished. In           data on the current event is only permitted sub-
addition, this applies particularly to any periods     ject to the written approval of Messe Frankfurt.
in which the general public is admitted to the                                                                   15. Protection of registered designs
event.                                                 (8) The use of the logo and name of Messe
                                                       Frankfurt or the event requires the explicit writt-       (1) For the event, Messe Frankfurt will apply
(5) Violations (breaches of obligations as defi-       ten approval of Messe Frankfurt.                          for temporary protection for registered designs
ned in Section 24 (6)) of paragraphs 13 (2), (3)                                                                 and trademarks - under the terms of the law of
or (4) entitle Messe Frankfurt to close the stand      (9) Only Messe Frankfurt's Press Department               18 March 1904 as amended on 1 July 1980,
immediately and to exclude the exhibitor from          has the right to distribute press material. An            covering fairs and exhibitions in the Federal
future events, without prejudice to the exhibito-      appropriate number of copies for distribution             Republic of Germany.
r's continuing liability for full stand rent. The      must be sent in good time to Messe Frankfurt
exhibitor has no right to make any claims for          for this purpose. The exhibitor is entitled to dis-       (2) Irrespective of this, it remains the responsi-
damages.                                               tribute press material at his own press conferen-         bility of the exhibitor to safeguard appropriate
                                                       ces and on his own stand only.                            exhibits against any breach of these regulations
(6) Messe Frankfurt is authorised to make all                                                                    and, in particular, to protect them from visual
necessary checks, including checks on persons          (10) Film, slide, video and other acoustic and            and sound recordings (including sketches).
and their luggage, within the Exhibition Centre        optical demonstrations including electronic
and at the exits.                                      media may only be held in cabins which are                (3) Exhibition protection for inventions to be
                                                       closed on all sides and are impervious to light           registered as patents is not covered by the
13. Advertising                                        and sound-insulated. These cabins can be hired            application under (1) above. It is the responsibili-
                                                       from Messe Frankfurt Medien & Service GmbH.               ty of the exhibitor to have his inventions registe-
(1) The inside area of the stand may be used           Presentations for acoustic reception by earpho-           red in good time prior to the start of the event
by the exhibitor for advertising his own exhibits      nes only are permitted without cabins if they are         with the
only.                                                  arranged at the stand in such a way that other
                                                       exhibitors are not disturbed by them and visitors         Deutsches Patentamt
(2) Messe Frankfurt may issue regulations rela-        in the hall aisles are not hindered in any way.           Zweibrückenstrasse 12
ting to the design of the outer stand areas,                                                                     D-80331 München
taking account of the overall impression to be         (11) The use of monitors or monitor walls is              Phone +49-89-2195-0
made by the exhibition.                                permitted, provided that they are at least two            Fax +49-89-2195-2221
                                                       metres from the aisle and provided that this
(3) Publicity measures outside of the bounda-          space may be unrestrictedly used by viewers               (for the Federal Republic of Germany) and/or
ries of the stand may not be implemented either        and other exhibitors are not disturbed or other           under the terms of the European Patent
at the Exhibition Centre or in its direct vicinity;    visitors hampered.                                        Convention with the
this condition also applies to the use of persons
for publicity purposes, as well as the distribution    (12) For musical presentations using all types of         European Patent Office
or affixing of any kind of advertising material,       sound or visual media, the performing rights              Erhardtstrasse 27
such as leaflets, posters, stickers, etc., in the      must be acquired from GEMA (musical authors'              D-80331 München
gangways of the exhibition halls, at the               rights society):                                          Phone +49-89-2399-0
Exhibition Centre, in the direct vicinity of the                                                                 Fax +49-89-2399-4465
Exhibition Centre, or in fair car parks. Similarly,    GEMA                                                      Telex 523 656 epmu d
no surveys, tests, competitions, raffles or con-       Gesellschaft für musikalische Aufführungs- und
tests may be carried out outside of the stand;         mechanische Vervielfältigungsrechte
exceptions to this rule are the test surveys           Bezirksdirektion                                          16. Exclusion of exhibitors and refund of stand
made by Messe Frankfurt.                               Abraham-Lincoln-Strasse 20                                rent
                                                       Postfach 2680
(4) Certain advertising facilities at the Exhibition   D-65016 Wiesbaden                                         (1) If, through a legal decision by a German
Centre and in its direct vicinity are made availa-     Phone +49-611 7905-0                                      court (judgement, etc.), an exhibitor has been
ble to exhibitors by                                   Fax +49-611-7905-97                                       prohibited from offering products and services
                                                       Telex 4 186 758.                                          or from making advertising presentations of the
Messe Frankfurt Medien und Service GmbH                The exhibitor is required by law to apply to              same and if the exhibitor refuses to comply with
Ludwig-Erhard-Anlage 1                                 GEMA for the appropriate permit in due time               the legal decision and to cease offering products
D-60327 Frankfurt am Main                              before the start of the event.                            and services or making an advertising presenta-
Phone +49 (0)69-7575-6438/6831/6832/6833               If he fails to do so, claims for damages under            tion on his exhibition stand, Messe Frankfurt
(5) The following publicity measures are not           Section 97 of the Copyright Protection Act                can exclude the exhibitor from the current event
permitted, even on the stands:                         (Urheberrechtsgesetz) may be made against him.            and/or from future events, as long as the legal
- any measures which constitute a breach of            Under no circumstances can Messe Frankfurt be             decision has not been set aside in a subsequent
legal and administrative regulations or technolo-      held liable.                                              decision by a court of appeal. In such cases, the
stand rent will not be refunded (either fully or      - Traffic police, gate 4                             rance company. To secure claims under the
partially). Messe Frankfurt is not obliged to         - Traffic police, car park, phone 5522               terms of this insurance if losses occur, immedia-
check the correctness of the legal decision.                                                               te written notification must be given to the insu-
There is no legal right to exclusion of the exhibi-   (3) Fair fire brigade, phone 6550 or fire emer-      rance company, as well as to Messe Frankfurt
tor affected by the legal decision.                   gency number 112                                     and, in instances involving criminal law, to the
                                                      - Hall 4.1 North West                                police station serving the Exhibition Centre.
(2) The same applies if the exhibitor breaches
the regulations of Messe Frankfurt or if there are    Fair first aid post and emergency doctor number
other reasons that justify the termination of the     112                                                  20. Enforcement of claims
stand rental contract without notice.                 - Hall 8.0 West, phone 6502
                                                      - Hall 4.0 North West, phone 6500                    All claims by the exhibitor must be made to
(3) If a legal decision in accordance with para.      - Hall 2.0 North West, phone 6501                    Messe Frankfurt in writing no later than fourteen
(1) above should be set aside at a later time by                                                           days following the end of the event; claims
a court of appeal, the exhibitor correctly exclu-     (4) Messe Frankfurt is entitled to check at any      made at a later date will not be considered and
ded on the basis of the earlier legal decision has    time that security regulations are being             will lapse (preclusive period).
no right to claim damages from Messe                  observed. Messe Frankfurt is authorised to order
Frankfurt.                                            the immediate rectification of a situation which
                                                      does not conform to regulations at the expense       21. Place of performance and jurisdiction,
                                                      of the exhibitor and to prohibit at all times any    German law
17. Exclusion of liability                            operation which is against regulations.
                                                      At any time, Messe Frankfurt may stop the ope-       (1) The contracting parties expressly agree to
(1) Messe Frankfurt is not liable for damage, in      ration of machines, appliances etc. and prohibit     Frankfurt am Main as the place of performance
particular the following                              renewed operation, if it considers such operation    and jurisdiction for all claims and legal disputes
- damage to property or economic losses,              to constitute a danger or if other exhibitors or     arising from this contract, to the extent that
- damage caused by fire, water, explosion, vio-       visitors are disturbed or bothered by them. The      said parties are merchants, legal bodies under
lent attacks, storms or other instances of force      decision of Messe Frankfurt is final.                public law or special funds under public law.
majeure                                                                                                    The same applies if one of the contracting par-
- damage caused by theft, burglary, breakdown         (5) The exhibitor undertakes to observe instruc-     ties has no general place of jurisdiction in
of supply services (i.e., electricity, gas, water,    tions and directives given on the basis of public    Germany.
etc.),                                                emergency regulations, e.g. smog directives,
- damage incurred as a result of the security         emergency laws, etc.                                 (2) As a substitute, the special place of jurisdic-
regulations under Section 19.,                                                                             tion of the place of performance as specified in
- damage caused by the general public (in parti-      (6) The exhibitor is liable for all damage to per-   Section 29 of the German Civil Procedure Code
cular, by visitors to the event, other exhibitors,    sons or property and all economic losses which       (Zivilprozessordnung) is deemed agreed, with
persons acting on their behalf or employees of        have been culpably caused by his stand set-up        said place of performance resulting from the
Messe Frankfurt),                                     and dismantling, stand equipment, exhibits and       character of contract under which the rent is
- damage caused as a result of erroneous data         their operation or by his employees or those         payable at the location of the premises involved.
given and measures taken by Messe Frankfurt,          acting on his behalf.
its employees and those acting on behalf of                                                                (3) The court of jurisdiction shall also be
Messe Frankfurt.                                      (7) The exhibitor is responsible for ensuring the    Frankfurt am Main in the case of disputed dunn-
                                                      public safety of the exhibition stand he has set     ning procedures. Once the dunning procedure
(2) Excepted from the exclusion of liability          up and/or is using. This applies particularly with   takes the form of legal proceedings and the
detailed above are property damages and injuries      a view to stand safety and fire safety at the        competent law court of the general place of
to life, body or health caused by Messe               exhibitor's special and evening events.              jurisdiction of the debtor assumes the case ex
Frankfurt and due to intent or gross negligence.      (8) If local trade and sanitary permits are          officio, application is to be made for transfer to
                                                      necessary, these are to be obtained by the exhi-     the competent law court in Frankfurt am Main.
(3) Also excepted from exclusion of liability are     bitor in good time prior to the start of the event
damages which are customarily insured in the          and kept on hand at the stand.                       (4) Furthermore, each contracting party is entit-
industry and compulsory liability under the                                                                led to proceed against the other at the latter's
German Product Liability Act.                         (9) The exhibitor is responsible for observing all   place of residence or business.
                                                      regulations concerning food processing and dis-
(4) In the event of ordinary negligence, Messe        tribution, as well as veterinary matters. This       (5) Should one or more of the individual provi-
Frankfurt is only liable for breaches of major        also applies to samples distributed free of char-    sions in these terms be invalid, the validity of
contractual obligations (cardinal obligations) or     ge.                                                  the remaining provisions shall not be affected. In
injuries to life, body or health.                     Notification must be given of any temporary          place of any invalid provisions, the contracting
                                                      equipment for the serving of drinks. This equip-     parties undertake to agree valid substitute provi-
(5) Inasmuch as Messe Frankfurt is also liable        ment must be registered no later than ten days       sions which correspond as closely as possible to
for ordinary negligence under paragraph 4             prior to the envisaged start of operation, by        the economic intent of the invalid provisions.
above, such liability is limited to EUR 10,000. In    giving notice of intent to:
such cases, liability for indirect damages and                                                             (6) The German text and German law shall pre-
non-typical consequential damages is excluded.        Ordnungsamt                                          vail in matters of interpretation of the General
In the event of breaches of major contractual         SG 32.14                                             Terms and Conditions and all other conditions
obligations under paragraph 4 above, the              Mainzer Landstrasse 323                              specified.
amount of liability payable by Messe Frankfurt is     D-60326 Frankfurt am Main
limited to the average loss typical of the con-       Phone +49-69-212 44 422
tract concerned.                                      Fax +49-69-212 43 218                                22. Data protection provisions

(6) Messe Frankfurt must be notified of any           Distribution of drinks and meals by the exhibitor    (1) The exhibitor explicitly agrees with the stora-
damage immediately.                                   against payment is not permitted (see also           ge, processing or forwarding of personal data by
                                                      Section 13. (3)) as a general rule.                  Messe Frankfurt in accordance with the Federal
                                                                                                           Law on Data Protection
18. Security regulations, accident prevention,        (10)Provisions laid down in the ordinance on         (Bundesdatenschutzgesetz) - including the use
exhibitor's obligation to ensure public safety and    working hours, the maternity protection act and      of automatic data processing systems -, insofar
other statutory and official regulations              the youth employment act are to be observed,         as this is for business purposes only.
                                                      inasmuch as individual provisions are not set
(1) The exhibitor undertakes to observe all sta-      aside by the so-called market privileges.            (2) The exhibitor explicitly agrees with the sto-
tutory and official regulations, including those                                                           rage, processing or forwarding of business data
issued by the occupational accident insurance         (11)The currently valid regulations governing        by Messe Frankfurt - including the use of auto-
authorities, and any other accident prevention        trade (Gewerbeordnung), in particular in section     matic data processing systems -, inasmuch as
rules and all safety directives during set-up and     IV, "Fairs, Exhibitions, Markets", are to be         this is necessary for the purposes of Messe
dismantling work and for the duration of the          observed.                                            Frankfurt and its affiliated companies or Messe
event.                                                                                                     Frankfurt has a justified interest in the business
This includes the safety regulations and              (12) Abrasive cutting work and all work with an      purpose.
Technical Guidelines issued by Messe Frankfurt.       open flame
Reference is made in this connection to rulings       The Messe Frankfurt Department of Event
in the current Sample Meeting Place Ordinance         Engineering must be notified in advance of any       23. Acknowledgement and components of the
(Musterversammlungsstättenverordnung).                welding, cutting, soldering, thawing and grinding    contract, termination without notice if obliga-
                                                      work. Work cannot begin until it has been            tions are breached
(2) Members of the police, fire brigade, rescue       approved and the permit issued.
services, Trade Supervisory Office, Building          The surrounding area must be adequately pro-         (1) Both contracting parties acknowledge the
Supervisory Board, regulatory agency and repre-       tected against hazards during such work.             General Terms and Conditions as being integral
sentatives of Messe Frankfurt must be given                                                                parts of the Contract of Participation which are
access to stands at all times. Their instructions                                                          legally binding for both sides. By submitting his
are to be obeyed. In general, police, fire brigade    19. Insurance                                        legally binding registration form, the exhibitor
and ambulance staff are on duty at the                                                                     declares this contract as being irrevocable both
Exhibition Centre for the duration of the event.      (1) Messe Frankfurt does not bear the risk of        for himself and for his employees and those
They should be notified immediately in an emer-       insurance. The exhibitor is recommended to take      acting on his behalf.
gency.                                                out adequate insurance coverage.
                                                                                                           (2) Integral parts of this contract include, in
Fair police duty room, phone 6555 or police           (2) The service folder includes a special insu-      particular:
emergency number 110                                  rance offer. The contract of insurance is conclu-    a) the official registration form and the explana-
- Hall 4.2 North West                                 ded directly between the exhibitor and the insu-     tions relating to registration
b) the Technical Guidelines having general validi-

(3) In addition, any special conditions or indivi-
dual regulations shall become part of the con-
tract inasmuch as they have been conveyed by
Messe Frankfurt in good time to the exhibitor
for his information, either together with the
service folder or in some other way.

(4) Messe Frankfurt reserves the right to modi-
fy or supplement the conditions or to waive
them in exceptional circumstances; such altera-
tions need to be made in written form. Verbal
arrangements must be confirmed in writing by
Messe Frankfurt before they can be considered

(5) Provisions which are included in the exhibi-
tor's purchasing or order conditions and which
conflict with the agreements of this Contract of
Participation are void, inasmuch as Messe
Frankfurt has not given its express written con-
sent to the individual exceptions requested by
the exhibitor.

(6) Violations of the terms agreed in the
Contract of Participation constitute breaches of
obligations as defined by law. In the event of
serious breaches of obligations, Messe Frankfurt
is entitled to pronounce and implement immedia-
te exclusion from the event. Associated there-
with is termination of the Contract of
Participation by Messe Frankfurt without notice.
Any special regulations contained in the various
individual conditions remain unaffected.

(7) Messe Frankfurt and Messe Frankfurt Venue
GmbH & Co. KG are each entitled to make
exclusive use of their rights to decide who
enters and occupies the Exhibition Centre. This
also applies to the grounds and buildings used in
connection with the event outside the Exhibition
Centre itself. Additionally, these rights also rela-
te to the admittance of third companies which
have been commissioned by the exhibitor for
activities at the Exhibition Centre as well as to
the nature, extent and conditions for such acti-
vities at the Exhibition Centre.

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