1. Scope of the General Terms and Conditions
The following terms and conditions apply to all contracts concluded with exhibitors for the rental of exhibition space at the Industry and Book Exhibition at the DPG conferences.
The contracts shall be governed exclusively by the General Terms and Conditions of DPG-Ausstellungs-, Kongreß und Verwaltungs-GmbH - hereinafter referred to as DPG-GmbH for short; deviations and ancillary agreements shall only be effective if expressly confirmed by DPG-GmbH.
2. Registration and conclusion of contract
2.1 The exhibitor clicks on one of the listed exhibition spaces on the DPG-GmbH homepage and fills out the online registration form. By sending (button) the completed online form, the exhibitor submits a binding offer to conclude the contract for the rental of the exhibition space.
2.2 The allocation of the exhibition space shall be based on safety-related, event-strategic and spatial aspects. Due to the limited space available, there is no right to rent the exhibition space specified in the online form; allocation is based on the receipt of registrations. DPG-GmbH also has the right to reject registrations. Exclusion of competition may neither be demanded nor promised. Any claims by the exhibitor to this effect are excluded.
2.3 DPG-GmbH reserves the right to change locations and make alterations at any time without this giving rise to any claims on the part of the exhibitor.
2.4 DPG-GmbH will confirm acceptance of the offer by e-mail. The contract shall be deemed concluded on the date of transmission of the confirmation.
3. Accessories and power supply
All stands are equipped with a power connection as standard. The installation of the power connection is carried out exclusively by a company commissioned by DPG-GmbH.
The exhibitor can order accessories listed in the online form.
4. Co- and subletting
Co- and/or subletting is generally prohibited, unless expressly approved by DPG-GmbH. In general, the exhibition space may only be used by the exhibitor or the persons specified in the application.
5. Domiciliary rights, house rules
The exhibition area is private property of the respective conference venue. In addition to DPG-GmbH, the owners of the conference venue shall exercise domiciliary rights on the exhibition grounds. The orders of the respective employees must be obeyed.
Further information on domiciliary rights or house rules can be found in the "Exhibition Information" on the DPG-GmbH website.
6. Prices and terms of payment, lien and joint and several liability
6.1 Only the prices listed in the online form shall apply. All prices quoted are exclusive of the statutory value added tax, currently 19%.
6.2 The stand fees and the additional services are to be paid without any deductions after receipt of the invoice within the specified payment period to the listed account of DPG-GmbH.
6.3 After issuing a reminder to no avail and giving appropriate notice, DPG-GmbH is entitled to rent the exhibition space that has not been paid for in full to another party. The exhibitor shall not be entitled to assert any claims arising from the subletting of the exhibition space.
6.4 DPG-GmbH as lessor has a lien on the stand equipment and exhibition goods brought in by the exhibitor for its claims arising from the contract.
6.5 If several exhibitors rent an exhibition space together, each of them shall be liable as joint and several debtor.
7. Exhibitor and conference passes
7.1 After payment in full and arrival at the exhibition site, each Exhibitor shall receive a maximum of three free passes per rented exhibition space. These passes allow the exhibitor and stand personnel to actively participate in the scientific programme of the DPG Conferences.
7.2 The respective passes may not be passed on or sold to other persons.
8. Stand occupancy, assembly and dismantling, compulsory presence
8.1 Timely payment of the invoice fees is a prerequisite for occupation of the stand area.
8.2 As a rule, the assembly of the exhibition stands with the exhibition objects is possible from 5:00 p.m. on the day before the start of the exhibition. Dismantling is permitted from 5:00 p.m. at the earliest on the day the exhibition closes. If there are any changes, DPG-GmbH will inform the Exhibitor in good time.
8.3 The Exhibitor is obliged to keep his stand manned for the entire duration of the exhibition (compulsory presence). The Exhibitor is not permitted to dismantle the stand before the official dismantling time. Deviations from this shall only apply if agreed in writing between the contracting parties.
If the exhibition space has already been vacated before the end of the exhibition or has not been vacated in good time, a contractual penalty (non-taxable damages) shall be due, the amount of which may be up to 20% of the rent owed. In addition, in the event of failure to vacate the premises in good time, the exhibitor shall be required to vacate the premises and dispose of the exhibits and the exhibitor's rubbish at the exhibitor's expense. DPG-GmbH accepts no liability for damage to or loss of exhibits left behind.
9. Design of the stands, acoustic and visual presentations, advertising measures
9.1 The design of the stands shall be subject to the general legal regulations, in particular the fire, labour, trade and safety regulations, the house rules, as well as the following provisions.
9.2 The design of the stand and the advertising measures shall be left to the discretion of the exhibitor, provided that these are not immoral or unlawful and that other exhibitors are not impaired, damaged or endangered by the type and design. The assessment is the responsibility of DPG-GmbH.
9.3 Advertising of any kind whatsoever is only permitted within the exhibition area for the exhibitor's own company and only for the exhibits manufactured or distributed by the exhibitor. The attachment or distribution of printed advertising material or samples outside the rented stand area and the lettering of building or tent walls is not permitted.
Advertising measures that distort competition are not permitted.
The use of advertising measures with sound, music or light is permitted, provided that neighbouring stands are not disturbed or inconvenienced.
Special advertising measures (e.g. serving of drinks, serving of food) must be notified to DPG-GmbH before the start of the exhibition. Permits issued for special advertising measures may be restricted or revoked in the interest of maintaining orderly exhibition operations.
9.4 In the event of violations of these regulations, DPG-GmbH may intervene and demand the redesign of the stand or the immediate cessation of the advertising measure.
10. Stand cleaning and waste disposal
The exhibitor is responsible for cleaning/keeping the stand clean and for measures to avoid and dispose of waste. In particular, the exhibitor must dispose of waste independently when dismantling the stand.
11. Violations by the exhibitor
Violations of the General Terms and Conditions of Business of DPG-GmbH, of general legal regulations, in particular of safety regulations and of orders within the scope of the domiciliary rights, the house rules or the aforementioned regulations shall entitle DPG-GmbH, insofar as the violation is not remedied after request, to close the stand without compensation at the expense of the exhibitor. Instead of closing the stand, DPG-GmbH is entitled to issue conditions and instructions in the event of infringements or to impose a contractual penalty of up to 50% of the stand fees.
12. Insurance, liability, indemnification of the exhibitor, insurance, limitation period
12.1 It is the responsibility of the exhibitor to take out insurance for his stand accessories and exhibits against all risks, e.g. theft, damage and injury, before, during and after the exhibition. DPG-GmbH does not accept any liability.
12.2 Within the rented exhibition space, the Exhibitor shall be responsible for ensuring the safety of all persons visiting the exhibition space. The liability of the exhibitor for damage caused by him, his vicarious agents or any co-exhibitors shall be determined in accordance with the statutory provisions. In the event of loss or irreparable damage, the Exhibitor shall be liable for items provided on a rental basis from the time they are provided until they are returned/collected up to the amount of the replacement value (replacement value compensation) and not for compensation of the current market value.
12.3 The Exhibitor shall irrevocably indemnify DPG-GmbH against all claims made against it by third parties, insofar as they are based on the fact that the Exhibitor's exhibition space, his activities, his exhibits, their intellectual content or his stand advertising violate the rights of third parties (in particular copyrights, image and name rights, trademark rights, competition rights, personal rights) or other statutory regulations. The obligation to indemnify shall extend to any warning, court and legal costs incurred.
12.4 A strict liability of DPG-GmbH for damages due to initial defects of the rental object is excluded. If DPG-GmbH violates essential contractual obligations, its liability for damages in the case of simple negligence is limited to the direct average damage that is foreseeable and typical for the type of agreement. Claims for damages due to breaches of duty for which DPG-GmbH is responsible, which do not concern cardinal obligations or essential contractual obligations, are excluded, unless they are based on gross negligence or intentional culpable conduct on the part of DPG-GmbH. The limitation of liability shall not apply in the case of warranted characteristics or insofar as liability for damage to life, limb or health is mandatory due to negligence or intent on the basis of statutory regulations.
12.5 Claims by the exhibitor against DPG-GmbH arising from the contractual relationship and all related claims must be submitted to DPG-GmbH in writing within 14 days of the conclusion of the exhibition. Should defects or malfunctions occur during the exhibition period, these must be reported immediately to DPG-GmbH or the conference organisation on site. Otherwise, the assertion of corresponding claims is excluded.
12.6 Claims by the exhibitor become time-barred within three months, unless the liability of DPG-GmbH results from intentional conduct. The statutory limitation periods for tortious claims, fraudulent intent and culpable impossibility remain unaffected. The limitation period shall commence at the end of the month in which the closing date of the exhibition falls.
12.7 Insofar as the liability of DPG-GmbH is limited, this also applies to the personal liability of its employees, workers, representatives and vicarious agents.
13. Parking and access to the exhibition grounds
13.1 As a matter of principle, DPG-GmbH shall not provide the Exhibitor with parking facilities at the exhibition grounds. DPG-GmbH will make every effort to reserve a sufficient number of parking spaces on site in the vicinity of the exhibition grounds; there is no entitlement to this. Towing costs shall be borne by the exhibitor.
13.2 Access to the exhibition grounds is only permitted during the construction and dismantling periods.
13.3 Detailed information on parking and access options will be published in good time on the DPG-GmbH website.
14. Exhibitor's right of withdrawal, liability in the event of non-participation or stand reduction
14.1 The Exhibitor may withdraw from the contract at any time. The withdrawal must be declared in text form (e.g. e-mail) and becomes effective upon receipt. The Exhibitor shall be responsible for proper receipt.
Depending on the time of withdrawal, the following cancellation fees are due:
- Cancellation before 22 days before the start of the exhibition no invoice fees
- 21 to 15 days before the start of the exhibition 50% of the invoice fees
- from 14 days before the start of the exhibition 100% of the invoice fees.
14.2 If the exhibition space is only rented 14 days before the start of the exhibition, 100% of the invoice fees shall be due in the event of cancellation after conclusion of the contract.
14.3 If the cancelled exhibition space can be re-rented, the invoice fees shall be waived less an administration fee of 20% of the invoice fees.
14.4 If the Exhibitor does not occupy the rented exhibition space or reduces his rented exhibition space on the day of the start of the exhibition and DPG-GmbH is therefore unable to sublet the space, DPG-GmbH shall be entitled to arrange the stand space at the Exhibitor's expense (e.g. repositioning of other Exhibitors to avoid a gap in the stand, arrangement or decoration of the space). In such cases, the Exhibitor shall be liable for the full amount of the invoice fees and any costs incurred as a result.
14.5 In each of the above-mentioned cases, the exhibitor reserves the right to prove that DPG-GmbH has suffered no or only minor damage.
15. Force majeure, effects of epidemics or pandemics
15.1 Force majeure is an external event which has a massive impact on the contractual relationship and which is unforeseeable according to human insight and experience and which cannot be prevented or averted by economically acceptable means, even by the utmost care that could reasonably be expected in the circumstances. Force majeure shall be deemed to exist in particular in the event of natural disasters (e.g. earthquakes), war, strikes, terror, pandemics, epidemics, travel restrictions, official orders, bans/prohibitions, trade blockades, shortage of raw materials or lack of transport facilities. A similar event shall be deemed to be any circumstance which lies outside the controllable sphere of influence of the contracting parties and which cannot be averted or foreseen even by exercising the utmost reasonable care. This includes, in particular, industrial action and in the event of other business interruptions or disruptions for which the respective contracting party is not responsible (massive breakdown or disruption of traffic, supply and/or communication links).
Cases of force majeure that prevent DPG-GmbH or its service partners from fulfilling their obligations in whole or in part shall release DPG-GmbH from its obligations until the force majeure ceases to exist. DPG-GmbH shall inform the exhibitor of this without delay, unless it is also prevented from doing so by a case of force majeure.
Force majeure entitles the contracting parties to adjust the contract and, insofar as this is unreasonable, to withdraw from the contract. The withdrawal shall be declared to the other contracting party in text form (e.g. e-mail) without undue delay, stating all reasons justifying the unreasonableness.
15.2 In such cases, DPG-GmbH will refund the stand rent already paid plus the rented accessories. All other costs incurred by the contracting parties shall be borne by them. Claims by the contracting parties for damages due to non-fulfilment, in particular damages for expenses incurred or for loss of profit, are then excluded.
15.3 DPG-GmbH additionally reserves the right to postpone, shorten or extend the exhibition, as well as to cancel it temporarily, permanently, in individual parts or in its entirety, insofar as compelling reasons for which it is not responsible or force majeure require such a measure. Both contracting parties shall be released from the obligation to perform as of this point in time. The provisions of Clause 15.2 shall apply accordingly.
15.4 With regard to the occurrence and further development of pandemics in accordance with the Infection Protection Act (Infektionsschutzgesetz, IfSG), the provisions of Clause 15.2 shall apply accordingly in the event of an official prohibition of the exhibition.
Furthermore, the DPG-GmbH reserves the right to cancel or postpone the exhibition even if, at the time of the decision, no reliable prognosis can be made regarding the further course of the pandemic and/or the continuation of restrictions according to the ISfG. In such a case, the decision of the DPG-GmbH must be based on a consideration of the expected effects on the persons and companies affected.
In such cases, the exhibitor shall remain obliged to pay an appropriate share of the costs incurred in preparing the exhibition. The share of the costs is limited in amount. The amount of the share to be paid by each exhibitor shall be determined by the sum of all costs already incurred on the part of DPG-GmbH, divided by the number of exhibitors, taking into account the size of the rented exhibition space of the respective exhibitor.
In all other respects, both contracting parties shall be released from their payment and performance obligations. All other costs incurred by the contracting parties in each case shall be borne by them. Claims of the contracting parties for damages due to non-fulfilment, in particular damages for expenses incurred or for loss of profit, shall then be excluded.
15.5 In the event of a postponement of the exhibition period prior to the start of the event, the existing agreement between DPG-GmbH and the exhibitor shall be deemed concluded for the new period, unless the exhibitor objects to the postponement in text form (e.g. by e-mail) within two weeks of receipt of the notification to DPG-GmbH. In the event of an objection, the exhibitor shall pay a reasonable amount of up to 20% of the invoice fees to compensate for expenses already incurred.
16. Data protection
Company and personal data provided by the exhibitor to DPG-GmbH as part of the online form and further contract processing will be stored in accordance with the regulations of the EU Basic Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act of the Federal Republic of Germany. DPG-GmbH uses the data in particular:
- For processing the contract
- For the sending of offers accompanying the exhibition by DPG-GmbH or by service providers commissioned by it.
- For information before and after the exhibition
- For postal or electronic advertising
- For the transmission and updating of exhibitor inventories and the forwarding to individual service providers for the fulfilment of the contract
- For issuing exhibitor and conference passes
Further details, in particular the duration of data storage, the passing on of data to third parties and the rights of the persons concerned are contained in the data protection declaration.
17. Written form, severability clause
17.1 All contractual agreements within the scope of the execution and implementation of the contractual relationship must be in writing in order to be effective. The written form requirement shall be deemed to have been complied with if the respective declaration is transmitted in electronic form, by fax or e-mail and confirmed by the other party.
17.2 Should individual provisions of the contract be or become invalid, this shall not affect the validity of the remaining contractual provisions. In this case, the invalid or unenforceable provision shall be supplemented or amended in such a way that the purpose intended by it is achieved as far as possible.