General Terms and Conditions of Participation for Visitors and Participants of Events of Messe Berlin GmbH
Status: November 2021
1.1 The following General Terms and Conditions for Visitors and Participants of Events organised by Messe Berlin GmbH (the "GTC for Visitors and Participants") apply to all visitors and participants of events organised by Messe Berlin GmbH.
1.2 "Events " within the meaning of these GTC for Visitors and Participants are exhibitions, trade fairs and other event formats, which take place as an attendance event at the Berlin ExpoCenter City or at another event location or are offered as e digital events, which supplement attendance events (hybrid events) or are carried out as pure digital events. Should individual regulations only be appli-cable to attendance events and/or hybrid events and/or digital events this will be pointed out sepa-rately.
1.3 Messe Berlin GmbH (the "Messe Berlin"), with its business address at Messedamm 22, 14055 Berlin, Germany is either the event organiser or is entrusted with carrying out the event.
1.5 These GTC for Visitors and Participants shall apply both to specialist as well as to private visitors insofar as by a corresponding reference the respective regulation is not explicitly restricted to the applicability either towards specialist or towards private visitors.
1.6 These GTC for Visitors and Participants shall apply both to the fee-based and free acquisition of access authorisations (also "Ticket") as well as to the free (only) registration as a visitor or partici-pant of an event.
1.7 Counter-confirmations of the ticket buyer or the participant with reference to own Business, Pur-chase or Order Terms and Conditions shall not apply, unless Messe Berlin explicitly agrees to their validity. They should not apply either if Messe Berlin has explicitly objected to their validity and/or provides its services without an objection. This also in the cases, in which the ticket buyer or the participant envisages a special form for the objection.
2. Ticket sales / registration
2.1 Messe Berlin uses one or more ticket agents for the sale of the tickets respectively for the registra-tion of the participant. The contractual relationship regarding the acquisition of an access authorisa-tion shall be concluded directly with Messe Berlin. The General Business Terms and Conditions of the ticket agent shall apply in this case.
2.2 The ticket sale and the registration are exclusively possible through the ticket agents commis-sioned by Messe Berlin. Exclusively the ticket categories respectively stipulated for the event and the corresponding prices shall apply.
2.3 A resale of the access authorisation without the prior consent of Messe Berlin is forbidden. For rea-sons of safety, in particular for the purpose of tracking contacts within the scope of the infection protection, only personal tickets can be acquired. The personal data of each individual participant are to be fully entered in the order process already. It is not permitted to forward access authorisa-tions. Please also pay attention to the separate data protection information relating to the attend-ance documentation.
3. Confirmation and invoicing
Insofar as no terms and conditions of the ticket agent to the contrary apply, the ticket buyer respectively the participant, after having verified the contact information and completed the order process, will receive a confirmation email regarding the acquisition of the tickets respectively the registration for the event to the email address stated by him(her). The confirmation email shall include a secured link to the booking portal as well as a booking code, via this the ticket buyer can view information regarding their booking at any time online and can call up the corresponding invoice. It is the responsibility of the ticket buyer to check the accuracy of the information presented in the booking portal him/herself in order to, if applicable, initiate corrections and changes towards the ticket agent or Messe Berlin.
4. Right of revocation for consumers
A right of revocation for consumers does not exists with purchased tickets (Section 312g Para. 2 No. 9 German Civil Code [Bürgerliches Gesetzbuch - BGB]).
5. Prices, payments
5.1 The current prices for the respective ticket category, insofar as the event is fee-based, can be seen on the website of the event. The prices stated on the website of the event at the time of the order are decisive. The statutory value added tax is included in the presented final price already, insofar as not otherwise stated.
5.2 Insofar as not otherwise agreed the ticket buyer will pay the amount stated in his(her) order by the means of payment selected in advance (e.g. credit card, PayPal). The purchase price for the tick-ets is due and payable without delay and without deductions after conclusion of the contract. Par-tial or instalment payments are not permitted. The satisfaction of the payment obligation of the ticket buyer will only occur with the credit on one of the bank accounts stated on the invoice.
6.1 The ticket buyer shall receive the confirmation email after satisfying the payment obligation for the attendance event (also within the scope of a hybrid event) with the ticket for printing out him/herself (Print@home-Ticket) as well as a mobile ticket (Passbook/Wallet App). The ticket buyer may also access the ticket by using the booking portal. The same shall apply after the completed registration of the participant of the attendance event.
6.2 The access to the attendance events shall be carried out exclusively with this Print@home-ticket or mobile ticket and by presenting a corresponding identity document with a photograph.
6.3 With a digital event the confirmation email will contain a link, which either enables the direct access to the digital event or a link, with which the user can login on the digital even platform.
7. Hygiene and safety regulations / / (subsequent change) participation and entry authorisation / House Rules with attendance events (also within the scope of hybrid events)
7.1 The ticket buyer respectively the participant are obliged to inform themselves before purchasing the ticket as well as directly before the participation in the event about the respectively currently appli-cable provisions, laws, ordinances and other dispositions, which were issued in connection with the containment of the corona virus SARS-CoV-2 (COVID-19) ("COVID-19 Regulations"), and to only purchase a ticket if these requirements can be fulfilled by him or her at the time of the event. Moreover, the ticket buyer respectively the participant is obliged to comply with the hygiene and safety measures issued for the event, in particular the hygiene and safety concept of Messe Berlin. Against the background of the dynamic development of the corona virus the ticket buyers respec-tively the participants recognise that Messe Berlin is entitled to adjust the hygiene and safety measures at any time to the current legal or infection situation and they are obliged to inform them-selves continuously about possible changes, in particular through the website of the event.
7.2 Furthermore, Messe Berlin is entitled, according to the statutory stipulations, to connect the partic-ipation and entry authorisation to the event to the fulfilment of health, safety and hygiene prerequi-sites (for example recovered or vaccinated status when opting for an event under 2G conditions or the obligation to wear a respiratory protection mask, which stipulates a concrete filter class (for ex-ample FFP-2)). The non-fulfilment of the prerequisites for participation entitles Messe Berlin to re-fuse entry to the event respectively the participation in the event.
7.3 Should Messe Berlin, owing to safety aspects (for example changes to the course of infections with the COVID-19-pandemic), change the conditions of the participation and entry authorisation af-ter the acquisition of the access authorisation respectively the registration as participant and it is not possible for the participant for this reason as proven to take part in the event, the participant is entitled to rescind the participation contract within a deadline of 4 weeks from announcement of the conditions respectively to cancel his or her participation. Further claims, in particular claims for damages, against Messe Berlin are excluded owing to primary health concerns of the other partici-pants.
7.4 Should Messe Berlin be obliged, in order to comply with protection and hygiene measures stipulat-ed by law or authorities, to restrict the number of simultaneously present persons in the entire event area or in parts thereof, Messe Berlin is entitled to temporarily refuse the participant the entry to the entire event area or to parts thereof. Insofar as a participant, who on an event day enters the event site in order to visit the event, because of the aforementioned restrictions may not visit at least a part of an event area on this day, the participant can with a multi-day ticket request reim-bursement of the pro rata ticket charge and with a day ticket reimbursement of the entire ticket charge, whereby the participant shall then lose his or her right to visit the event on another day with his or her day ticket. Further claims are excluded.
7.5 With the entry to the event site the participant recognises the House Rules of the event site, which are hung up at the entrance. The participant is aware that it is not permitted to consume food and drinks that he or she brings with him or her.
8. Warranty rights for digital event formats
For consumers within the meaning of Section 13 BGB, who have acquired a digital product (provision of digital contents or digital services) against payment of a price or with which the consumer makes personal data available or obligates to make these available (and which are not exclusively processed by Messe Berlin in order to fulfil its service obligation or a statutory obligation), in the event of defects Section 327i BGB shall apply; i.e. the consumer can pursuant to Section 327l BGB request subsequent performance, according to Section 327m Para. 1, 2, 4 and 5 BGB end the contract or according to Section 327n BGB reduce the price and according to n Section 280 Para. 1 or Section 327m Para. 3 BGB request damages or according to Section 284 BGB reimbursement of fruitless expenses.
9. Limitation to liability
9.1 Messe Berlin shall be liable for damages, which are caused wilfully or gross negligently by Messe Berlin, its legal representatives, executives or vicarious agents, no matter for which legal grounds.
9.2 Messe Berlin shall be liable for damages with simple negligence, subject to statutory limitations to liability (for example due care in own matters), only
a) for damages from the injury to life, the body or the health;
b) for damages from the breach of an essential contractual obligation. "Essential contractual obligations " are the obligations, the fulfilment of which renders the proper implementation of this contractual relationship possible at all and on the compliance with which the respective other contractual party may rely on as a rule. With the breach of essential contractual obligations, the obligation to pay damages of Messe Berlin for cases of simple negligence is limited with respect to the amount to the damages foreseeable upon conclusion of the contract, and which typically occur.
9.3 Insofar as the liability of Messe Berlin is excluded or limited this shall also apply to the vicarious agents and legal representatives of Messe Berlin.
9.4 The aforementioned liability exclusions and limitations shall not apply with a culpably or negligently responsible injury to life, the body or the health of persons as well as with the explicit assurance of properties and according to the German Product Liability Act [Produkthaftungsgesetz].
10. Cancellation of the attendance event
10.1 With the existence of a justified exceptional situation (as defined in Subclause 10.2), which renders the execution of the event in the planned location-related or time scope impossible or unreasonably more difficult, Messe Berlin is entitled at its choice according to its discretion and by taking the in-terests of the ticket buyer respectively the participant in the execution of the event into considera-tion (and in the event of a change or deviation in the agreed service also by taking the reasonable nature of such a change or deviation for the ticket buyer respectively the participant into considera-tion),
a) to cancel the event ("Cancellation") or
b) to relocate the event to a different venue, ("Relocation") oder
c) to postpone the event to another period of time ("Postponement") or
d) to reduce the duration of the event ("Reduction") or
e) to abort the event, interrupt it temporarily or to partly close it ("Abort"), insofar as the event had started already upon occurrence of the incident.
10.2 A justified exceptional situation within the meaning of Subclause 10.1 is the existence of force majeure or another comparable event.
a) "Force majeure" is an external event, that was unforeseeable at the time when the participation contract was concluded, that does not feature any operational or personal connection or is not attributable to the scope of one of the contractual parties, which cannot be avoided either by the most extreme reasonably expected care. This in particular includes the events listed as examples below, but not conclusively: Natural disasters and consequential effects based upon these, war, terrorist attacks, pandemic, endemics, the interruption of or interferences to traffic, supply and telecommunication connections that lead to massive impairments. Also covered by the cases of force majeure are (but not conclusively) the issue of legal stipulations (e.g. laws or ordinances) or official or public law measures for which the contractual parties are not responsible or urgent official warnings or recommendations, which refer to the fact that the event cannot or may not be carried out as planned.
b) "Other comparable events" within the meaning of Subclause 10.2 Sentence 1 are unforeseeable lawful strikes and lawful lockouts as well as other interruptions or interferences to operation for which the contractual parties are not responsible.
c) An event was "unforeseeable" within the meaning of Subclause 10.2 lit. a) and b) if, at the time when the participation contract was concluded, according to reasonable assessment of actually existing indications as well as with regard to the time of the event with sufficient probability it was not to be assumed that a case of force majeure or another comparable event within the meaning of the aforementioned regulations is impending.
10.3 Furthermore, there is a justified exceptional situation within the meaning of Subclause 10.1 if, at the time of the measures taken pursuant to Subclause 10.1 lit. a) to e), and according to a reason-able assessment of actually existing indications with a sufficient probability it can be assumed that a case of Force Majeure or Another Comparable Event within the meaning of Subclause 10.2 lit. a) and b) at the time of the event is impending. This is for example also the case if, at an earlier time, a justified exceptional situation existed, this was remedied in the meantime, however a renewed justified exceptional situation is to be expected at the time of the event (e.g. a further infection wave of the COVID19-pandemic).
10.4 In the cases of the cancellation of the event by Messe Berlin pursuant to Subclause 10.1 lit. a) the following will apply:
a) Messe Berlin is obliged to inform the participant without delay of the cancellation.
b) The claim of Messe Berlin to payment of the ticket price will cease to apply. Already made payments will be refunded.
c) Claims for damages of the participant are excluded, because there is no fault on the part of Messe Berlin. If and as far as in an individual case there should be a fault on the part of Messe Berlin, with regard to the liability of Messe Berlin the regulations in Subclause 9 shall apply.
10.5 In the cases of a relocation of the event pursuant to Subclause 10.1 lit. a), a postponement pur-suant to Subclause 10.1 lit. c) and a reduction pursuant to Subclause 10.1 lit. d) the following will apply:
a) Messe Berlin is obliged, towards the participant to submit the declaration of the relocation and/or postponement and/or reduction without delay.
b) The participation contract will be changed to the extent that it will apply to the new venue and/or period of the event and/or duration of the event and insofar as the participant does not object within fourteen (14) workdays after receipt of the declaration of the change to the contract.
c) In the event of the objection of the participant to the relocation and/or postponement and/or reduction the payment claim of Messe Berlin will cease to apply. Already made payments will be refunded, unless Messe Berlin exercises its right to offer the participant an alternative refund possibility (for example vouchers).
d) Claims for damages of the participant because of the relocation and/or postponement and/or reduction of the event are excluded, because there is no fault on the part of Messe Berlin. If and insofar as Messe Berlin is at fault in an individual case, the regulations in Subclause 9 apply with regard to Messe Berlin's liability.
10.6 In the cases of Abort of the event pursuant to Subclause 10.1 lit. e) the following shall apply:
a) The claim for payment of Messe Berlin for the ticket expires. The participant has a claim to refund of the ticket price, unless Messe Berlin exercises its right to offer the participant an alternative refund possibility (for example vouchers).
b) Claims for damages of the participant are excluded, because there is no fault on the part of Messe Berlin. If and insofar as Messe Berlin is at fault in an individual case, the regulations in Subclause 9 apply with regard to Messe Berlin's liability.
10.7 Irrespective of the aforementioned regulations Messe Berlin is entitled, by six (6) weeks before the planned date of the event at the latest to cancel the execution of the event at its reasonable discre-tion and by taking the legitimate interests of the participant into consideration and to terminate the corresponding participation contracts, if the financial feasibility is not attainable or the registration status of exhibitors and participants indicates that the essential aim intended with the event cannot be achieved and thus the purpose of the event will be missed. The deadline can be reduced if the type of event allows a cancellation at short notice. In this case the following shall apply:
a) With the cancellation of the event and the termination of the participation contracts the payment claim of Messe Berlin will cease to apply. The already made payments are to be refunded, unless Messe Berlin exercises its right to offer the participant an alternative refund possibility (for example vouchers).
b) Possible claims of the participant to the refund of expenses, which were carried out already for participation in the event, do not exist.
c) Claims for damages of the participant are excluded, because there is no fault on the part of Messe Berlin. If and insofar as Messe Berlin is at fault in an individual case, the regulations in Subclause 9 apply with regard to Messe Berlin's liability.
11. Cancellation of the attendance event with hybrid events
Should with a hybrid event (attendance event with digital event format owing to one of the prerequisites stated under Subclause 10.2 lit. a) and b) as well as in Subclause 10.7 the attendance event not take place or other than planned, the legal consequences stated under Subclauses 10.4, 10.5, 10.6 and 10.7 shall apply exclusively to the attendance event. The entitlement to participate in the digital event formats shall remain unaffected. Messe Berlin shall retain its (pro rata) payment claim against the ticket buyer for the participation in the digital event format.
12. Online-dispute resolution platform, consumer arbitration board
12.1 The European Commission provides a platform for out-of-court online dispute resolution (ODR plat-form), which can be accessed at www.ec.europa.eu/consumers/odr. The contact data of Messe Berlin including the email address are deposited in the masthead of the website of the event.
12.2 Messe Berlin is neither obliged, nor willing to take part in the out-of-court online dispute resolution (ODR platform) or in a dispute settlement procedure before a consumer arbitration board pursuant to the German Consumer Disputes Settlement Act [Verbraucherstreitbeilegungsgesetz - VSBG].
13.1 The purchase of the ticket respectively the registration for participation shall be carried out at the choice of the ticket buyer respectively the participant in the German or English language. In case of disputes regarding the interpretation of these GTC for Visitors and Participants the German lan-guage version is decisive.
13.2 The relationships between the ticket buyer respectively the participant and Messe Berlin are orient-ed exclusively to German substantive law under the exclusion of the Convention of the United Na-tions on Contracts for the International Sale of Goods (CISG).
13.3 The place of performance and place of jurisdiction for all disputes in connection with this contractu-al relationship is Berlin, insofar as the ticket buyer respectively the participant is a merchant, a le-gal entity under public law or a public law special fund or if at least one of the contractual parties has no general place of jurisdiction in the Federal Republic of Germany.
13.4 Should one or more provisions of these GTC for Visitors and Participants be or become invalid in full or in part this shall have no effect on validity of the other provisions of these GTC for Visitors and Participants. Invalid provisions are to be replaced by such provisions, which shall as far as possible correspond with the purpose intended by the parties.
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