General Terms and Conditions

Last updated – January 11, 2024

§ 1. Scope of Application

(1) These general terms and conditions (GTC) shall apply to all contracts concluded in relation to the event Wireless IoT tomorrow between
Medienhaus Van Bocxlaer GmbH
Schießgrabenstraße 2
21335 Lüneburg. Germany
Phone: +49 (4131) 7895290 | Fax: +49 (4131) 78952920 | Email: team@wiot-tomorrow.com | Tax ID (Umsatzsteuer ID): DE354447990
(herein after “organizer”) and the companies exhibiting at this event (“customers” respectively “exhibitors”).
(2) These GTC shall apply only if the exhibitor is an entrepreneur (§ 14 BGB – German Civil Code), a legal entity under public law, or a special fund under public law.
(3) These GTC shall apply, unless otherwise agreed, in the version that was effective at the point of time where the exhibitor’s order was confirmed respectively in the most current version that was communicated to him as a framework agreement also for similar future contracts without the parties having to refer to them in each individual case.
(4) The organizer’s GTC shall apply exclusively. Conflicting or deviating general terms and conditions of the exhibitor only then and insofar become an integral part of the contract if the organizer explicitly agrees to their application. This consent requirement applies in any case, also if, for example, the organizer renders services without reservations while the organizer is aware of the exhibitor’s GTC.
(5) Individual agreements with the exhibitor made for an individual case (including collateral agreements, supplements, and amendments) shall take priority over these GTC. The content of such agreements, save for proof to the contrary, must be set forth in a written contract or in the organizer’s written confirmation.
(6) Legally-relevant declarations and notifications made by the customer with regard to the contract (e.g. setting deadlines, notice of defects, withdrawal or reduction declaration) shall be made in writing and thus in written or text form (e.g. letter, email, telefax). Statutory provisions on form and further proofs in particular when the legitimacy of the declaring person is doubted remain unaffected.
(7) References to the validity of statutory regulations shall only have clarifying significance. Even without such clarification, the legal provisions shall apply unless directly amended or expressly excluded in these GTC.

§ 2. Conclusion of the contract

(1) The organizer’s proposals, including any accompanying documents such as catalogs, technical documentation (e.g., drawings, plans, calculations, references to DIN standards), and other product descriptions provided in electronic or other forms, are subject to change and are non-binding. The organizer reserves ownership, copyright, and usage rights of these materials.
(2) The organizer’s submission of a proposal to the exhibitor, along with any relevant documents, does not constitute a legally-binding offer. Instead, it serves as a detailed proposal for the exhibitor to either accept or decline. The deadline for accepting or declining the proposal is mentioned on the proposal itself. If the deadline of a proposal expires, and no other agreement for an extension was agreed upon by the organizer, the included services and products will be released again for other potential exhibitors.
(3) If the exhibitor decides to accept the proposal, they must express their acceptance by submitting an electronic signature via a provided link. This electronic signature must be submitted within the validation period specified in information that will be provided alongside the e signature link. If the exhibitor agrees to the proposal but fails to submit the signature within the validation period, the included services and products will be released again for other potential exhibitors.
(4) The submission of the electronic signature within this specified timeframe constitutes the exhibitor’s acceptance of the organizer’s proposal and the terms contained therein.
(5) Upon receipt of the valid electronic signature from the exhibitor, the contract is considered concluded. The organizer will then send a confirmation of order thereby completing the booking process. If an electronic signature is not possible to be given by the exhibitor, the written acceptance by mail will only be effective if the organizer concludes the process by submitting the according confirmation of order.

§ 3. Approval

(1) The organizer decides on the approval of exhibitors and their allocation. The offer to participate in the exhibition constitutes no legal claim to participation. The organizer has the right to limit the event to certain exhibitors, products, or visitor groups. The exclusion of competing exhibitors may not be requested under any circumstance.
(2) The exhibition offer in principle follows the description and the title of the event. Offers that contradict the character or the standard of the event can be – even during the event – excluded. The organizer’s claims against the exhibitor remain unaffected in cases of uncoordinated changes.
(3) The organizer can deny the approval without stating reasons or make it dependent on the advance payment of the agreed payment amount.
(4) The organizer is entitled to revoke the granted admission if it was issued based on false premises or information, or if the prerequisites for admission are no longer met later. The organizer may, if circumstances require it, assign a different location to the exhibitor, providing reasons for this change and considering the reasonableness for the exhibitor. The organizer reserves the right to relocate the entrances and exits to the exhibition grounds and halls, as well as the corridors.
(5) The catering of the event is exclusively organized by the organizer. Offering gastronomic products against payment is not permitted. Exceptions hereto aresubject to the organizer’s written consent and must be provided in accordance with the applicable statutory provisions.
(6) Exhibits, printed materials, and promotional items may only be displayed within the rented stand space and must not be distributed in the hallways or across the fairgrounds. Advertising activities by exhibitors are permitted as long as they are related to the fair and do not violate legal regulations, good morals, or have ideological or political connotations. The organizer has the right to prohibit the distribution and display of promotional materials that may cause complaints, and to secure any existing stocks of such materials for the duration of the event. In cases of violations of these rules, the organizer is authorized to intervene and demand modifications.
(7) Every exhibitor is responsible for disposing of their own waste and residual materials. The organizer will ensure the cleaning of the grounds, halls, and aisles.

§ 4. Obligation to operate

Exhibitors are obliged to operate their stands, i.e. the stands booked by the exhibitor must be properly stocked with exhibits during the specified opening hours for the entire duration of the event and operated by the exhibitor with competent personnel. The removal of exhibits and the dismantling of stands before the end of the event is not permitted. In the event of violation of the operating obligation, the organizer is entitled to demand a contractual penalty, but only if the exhibitor is responsible for the violation. Failure to comply with the operating obligation must be documented and evidenced by photos and times. A contractual penalty amounting to 10% of the agreed remuneration, but at least € 1,000.00, may be demanded for each hour in which the exhibitor culpably fails to comply with the operating obligation. The contractual penalty shall be claimed if the operating obligation has not been fulfilled for more than one consecutive hour.

§ 5. Co-exhibitor

(1) It is not permitted to transfer, either for remuneration or free of charge, an assigned booth or any parts thereof to third parties.
(2) Advertising on the booth is strictly limited to goods or companies that are mentioned in the admission. It is prohibited to advertise goods or companies not listed in the admission on the booth.
(3) The inclusion of a co-exhibitor must be applied for by the exhibitor to the organizer. Co-exhibiting is not possible for a booth size of 9 sqm or smaller. The organizer reserves the right to decline a registration of a co-exhibitor, and the main exhibitor does not have a general right to register a co-exhibitor. Co-exhibitors are subject to the same conditions as the main exhibitor.
(4) Co-exhibitors are required to pay the designated co-exhibitor fee. However, the main exhibitor of the booth remains responsible for the payment of the co-exhibitor fee.
(5) The unregistered inclusion of a co-exhibitor gives the organizer the right to terminate the contract with the main exhibitor without notice and to vacate the stand at the main exhibitor’s expense. The main exhibitor waives the right to assert claims arising from unauthorized self-help and in this respect has no claim for damages.
(6) All exhibitors who exhibit or appear on the stand alongside the main exhibitor are considered co-exhibitors. This includes entities that have close economic or organizational ties to the main exhibitor. Company representatives are also not admitted as co-exhibitors.
(7) Representatives of firms and manufacturers of devices, machines, or other products that are used solely for the demonstration of the exhibitor’s range of goods and are not offered for sale, are not considered as co-exhibitors.

§ 6. Rental objects, rental furniture

(1)  Rental objects, rental furniture (system booths and furniture) must not be nailed, painted, damaged, or altered in any way.
(2) Rental furniture shall be emptied and returned on the evening of the last day of the event. The organizer shall not accept any liability for damages of rental furniture and for any personal or company-related items left behind. The lessee is liable for all damage and/or loss between delivery and return of the items rented by him/her even if has he/she has already left the booth. Missing or damaged rental items will be charged at the cost of replacement.
(3) Ordered rental booths and rental furniture shall be checked by the lessee for proper assembly and completeness.
(4) Rented furniture is to be returned or prepared for collection( emptying the booth/cabin) by the booth personnel after the end of the event on the last day of the event; this applies to rented booths accordingly. The exhibitor shall be liable for any loss or damage occurring until the furniture is returned or collected.

§ 7 Insurance, guarding, liability, warranty

(1) The general security of the exhibition halls and the outdoor area during the event period will be undertaken by the organizer. There will be general supervision during the setup and dismantling periods. This supervision begins on the first day of setup and ends on the last day of dismantling. The organizer is entitled to carry out the necessary measures for control and security. The exhibitor must organize the security of their own property. The general security provided by the organizer does not limit the exclusion of liability for personal and material damage. Special security services during the event period may only be provided by the security company appointed by the trade fair company.

§ 8 Additional provisions

Part of this contract are the house rules of the event location and, if so, special provisions that apply there as well as technical guidelines and regulations the exhibitor receives before the beginning of the event.

§ 9 Prices and payment conditions

(1) If nothing else has been agreed upon, the prices current at the time of the contract conclusion plus the statutory value-added tax shall apply.
(2) Prices for services, that are not listed can be requested and are no part of the contract but require an additional written agreement. For all these orders, these GTC apply.
(3) The renting prices included are understood to apply to the duration of the event.
(4) By submitting the electronic signature within the valid time period and by receiving the confirmation of order, the exhibitor will be charged with the agreed fee. The invoiced amount shall be paid within 10 days from the date of invoice. All invoice amounts are payable in Euros, without deduction and at no cost to the receiver, to one of the accounts named in the invoice. The organizer is entitled to provide services in whole or in part only against advance payment. The organizer declares a corresponding reservation at the latest with the confirmation of order.
(5) The exhibitor shall be in default upon expiry of the aforementioned payment period. During the period of default, interest shall be charged on the amount outstanding for payment at the statutory default interest rate applicable at the time. The organizer reserves the right to claim additional default damage. The organizer’s entitlement to commercial maturity interest (§ 353 Handelsgesetzbuch / HGB German Commercial Code) remains unaffected vis-à-vis merchants. The organizer is eligible in the event of default to bar the exhibitor and possible co-exhibitors from the booth area until all due payments have been made as well as to withhold the provision of services. The organizer’s statutory right to withdrawal from the contract remains unaffected.
(6) The payment of the invoiced amount to the stipulated payment dates shall be prerequisite to use the allocated exhibition space and to receive the exhibitor badges.
(7) The exhibitor shall only be entitled to a set-off and retention right if the customer’s counterclaims are finally adjudicated, undisputed, or recognized by the organizer.
(8) If, after entering in a contract, the organizer notices that her entitlement to the agreed payment is at risk due to the exhibitor’s lack of performance (e.g. opening of insolvency proceedings), from statutory regulations the organizer shall be entitled to refuse service and – if applicable, after setting a deadline – to cancel the contract (§ 321 BGB). This shall not affect the legal provisions concerning the dispensability of fixing a time limit.

§ 10 Reservations

Cancellation, interruption, postponement, closure of the event
(1) The organizer shall be eligible to in justified exceptional situations change the time and/or venue, curtail, abort, interrupt, partly close, or cancel the event. A justified exceptional situation that warrants such a measure exists if sufficient factual indications exist that the planned holding or continuation of the event can lead to a concrete danger for health and life or for possessions of considerable value.
(2) The organizer is also entitled to the right as stipulated in paragraph 1 when due to force majeure (e.g. official order or urgent official recommendation, labor conflicts, terror or other danger to health and life, natural events, pandemics, epidemics), the orderly running of the event is affected or at risk to an extent that the purpose intended by the holding of the event could not be reached or only with significant restriction for the exhibitors, visitors, or the organizer.
(3) The organizer makes the decisions according to paragraph 1 and paragraph 2 as organizer at his own dutiful discretion. In making the decision, the interests of all affected participants (in particular exhibitors, visitors, conference topics, speakers, sponsors, etc.) must be taken into account both with regard to the purpose of the event and with regard to the necessary safety considerations.

Legal consequences of cancellation, interruption, postponement, event closure

(4) In cases of force majeure, the organizer reserves the right to reschedule the event. Under such circumstances, exhibitors have no right to withdraw from the contract, claim damages, or hold the organizer liable. However, the organizer agrees to apply any prepayments made towards participation in the rescheduled event.
(5) If rescheduling within a reasonable timeframe is not feasible, or if the exhibitor convincingly demonstrates that rescheduling is impractical, they will receive a refund of the paid booth fees, minus a flat 30% deduction for other agreed services. The exhibitor retains the right to prove that the organizer’s expenses were significantly lower or nonexistent.
(6) Should force majeure prevent an exhibitor from participating in the event (e.g., local travel restrictions), they are not entitled to a refund of their deposit, contract withdrawal, or compensation. Nevertheless, the organizer is willing to credit the deposit towards participation in the next event.
(7) In cases other than force majeure, if unforeseen and uncontrollable circumstances make it impossible or significantly difficult to conduct or reschedule the event, the organizer is entitled to cancel or choose a different location or date. The event, in this case, must occur within a 80 km radius of the original venue or within 55 days before or after the planned date. In such situations, exhibitors are not entitled to a refund of their prepayment, contract withdrawal, or compensation. The organizer must promptly inform the exhibitor of any cancellation or rescheduling. If the exhibitor does not respond within 15 working days to a cancellation notice indicating their unwillingness to participate, their consent to participate is assumed.

Cancellation due to economic reasons

cancellation, the mutual performance obligation of both contract parties shall not apply. The organizer shall be obligated to reimburse the exhibitor payments that already have been made insofar the payed service had not been rendered at the time of the cancellation. There shall be no claims of the exhibitor for reimbursement of expenses in connection with the event already done or claims for compensations due to the cancellation of the event.

§ 11 Resignation / Termination

(1) After acceptance, the exhibitor cannot withdraw or reduce their stand area unless the organizer, due to gross negligence or intent, causes it, or the conditions of §§ 323, 324, 326 BGB (German Civil Code) apply. This also holds for any additional agreed services (service packages, sponsorship, and promotional opportunities). The exhibitor is obligated to pay the full participation fee and any services rendered. Non-occupancy of spaces by the exhibitor does not exempt them from their payment obligation. However, the organizer agrees to a written cancellation of the lease and additional agreed services up to 6 months before the start of the fair, against a flat-rate compensation of 50% of the total net base rent plus ancillary costs and net costs of additional services. If a co-exhibitor does not participate, the full co-exhibitor fee is due. Withdrawal or non-participation of the main exhibitor simultaneously leads to the exclusion and revocation of the co-exhibitor’s admission.
(2) The organizer has the right to terminate the contract without notice and regardless of the exhibitor’s continued liability for the full rent and arising costs if the exhibitor fails to meet contractual obligations after a set grace period. This applies if the exhibitor’s circumstances for contract conclusion no longer exist, such as significant changes in the product line that no longer align with the fair’s focus, or if the exhibitor’s economic situation deteriorates, payments cease, insolvency proceedings are initiated, or if the company is in liquidation. If the organizer becomes aware of facts jeopardizing their payment claim due to the exhibitor’s poor financial situation, and this knowledge is obtained up to 6 months before the fair, they are entitled to a flat-rate compensation of 50% of the net base rent and additional services. If known within 6 months of the fair’s start, the compensation rises to 100%. The exhibitor retains the right to prove that the organizer’s expenses were significantly lower or nonexistent.

§ 12 Structure and design of the stands

(1) Guidelines for construction and booth design will be established by the event venue, containing mandatory regulations. These will be communicated to the exhibitors in the Technical Guidelines. The Technical Guidelines for exhibitors and stand builders are part of the contract and are available upon request in their current version. Subsequent changes are reserved and will become binding for the event when implemented.
(2) Only upon granting the stand construction approval is the exhibitor’s stand design concept authorized. For this, a questionnaire must be filled out and submitted.
(3) The relevant legal provisions and administrative regulations are binding for the exhibitor and their contractors. For logistical operations within the premises, i.e., unloading including the provision of technical assistance equipment, transport to the stand, and customs clearance for temporary or definitive import, only the organizer’s contracted forwarding agents are responsible.
(4) The assembly of the booths is only possible in the stated time slots. The exhibitor is obligated to finish his booth in this time slot.
(5) In the event of non-compliance with the given assembly times and after one reminder with fixing of a period to finish the assembly of the booth by the organizer, he can allocate the booth area to a third party if the assembly is not finished within the given deadline. This does not relieve the exhibitor from his obligation to pay the full booth rent and incidental costs. Claims for damages shall be excluded.
(6) The exhibitor must leave the event location when the assembly time slot communicated by the organizer is over. In case of violation, the thus arising cost and damages shall be covered respectively reimbursed by the exhibitor.
(7) If an exhibitor does not arrive at the event, all claims to fulfillment of the contract remain. The organizer reserves the right charge him for the arising additional effort (relocation, decoration, or similar).

§ 13 Disassembly

(1) The disassembly of the booth must happen after the end of the event and only within the given time slot for disassembly.
(2) The organizer is entitled to dispose of exhibits that were left behind at the expense of the exhibitor. Booths or objects that were not removed before the end of the disassembly time can be removed, destroyed, or stored by the organizer with his due discretion without taking any liability for loss or damage.
(3) Damages done to the floor or the walls shall be remedied properly, otherwise, this work is either done by the organizer or by order of the organizer to the expense of the exhibitor. The same applies to damages done to the event building respectively its facilities. Further damage claims remain unaffected.

§ 14 Liability

(1) Unless otherwise results from these GTC and the subsequent provisions, the organizer shall be liable on violation of the contractual and non-contractual duties according to the relevant legal regulations.
(2) The organizer shall be liable for damages – no matter for what legal grounds – from fault-based liability in case of willful intent and gross negligence. In cases of minor negligence, the organizer is only liable, save for statutory liability limitations (e.g. diligence exercised for own matters; insignificant breach of duty), for
a) losses arising from the violation of life, body or health,
b) for damages from the breach of an essential contractual duty (obligation, the
satisfaction of which only enables the proper execution of the contract at all and with which the contractual partner relies and may as a rule rely on its compliance); in this case, the organizer’s liability is, however, limited to the
reimbursement of the foreseeable, typically occurring damages.
(3) The limitations of liability stated in paragraph 2 also apply to breaches of duty by or in favor of persons whose culpability the organizer shall take according to the statutory provisions. They do not apply insofar in those cases in which the organizer has maliciously concealed a defect or have furnished a guarantee for the condition of the goods or claims of the buyer according to the Produkthaftungsgesetz (German Product Liability Act).
(4) In the event of a breach of duty that is not attributable to a defect, the customer is only entitled to withdraw or terminate if the organizer is responsible for the breach of duty. A free right of termination for the customer (in particular in accordance withSections 650 and 648 BGB (German Civil Code)) shall be excluded. Otherwise, the legal preconditions and legal consequences are applicable.

§ 15 Choice of law and place of jurisdiction

(1) For these GTC and the contractual relationship between the organizer and the customer, the law of the Federal Republic of Germany excluding the international uniform law, particularly the UN Sales Convention shall apply.
(2) In so far as the customer is a merchant in terms of the Handelsgesetzbuch (German Commercial Code), or in so far as the customer is a legal entity under public law, or a or special fund under public law is the exclusive – also international – place of jurisdiction for all disputes arising from this contractual relationship the organizer’s registered office at Lüneburg, Germany. This also applies if the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code). The organizer shall be, however, entitled in any case to bring an action at the place of fulfillment according to these GTC respectively a primarily individual agreement or at the customer’s general place of jurisdiction. Statutory regulations of prime importance, in particular exclusive jurisdiction remain unaffected.