Ebner Media Group GmbH & Co. KG
50825 Köln (Cologne), Germany
General Terms and Conditions
The following “General Terms and Conditions of Ebner Media Group GmbH & Co. KG for Exhibitors and Sponsors” (“General Terms and Conditions”) apply to the provision of areas and, where applicable, any associated stand equipment by way of a lease for the presentation of products or other sponsoring activities for commercial purposes and further associated additional services between Ebner Media Group GmbH & Co. KG / Cologne office, Helmholtzstr. 29-31, 50825 Köln (Cologne), Germany (“Ebner Media”) and you as an exhibitor or sponsor (“Participant” or “Main Exhibitor”) in your function as an entrepreneur.
These General Terms and Conditions are supplemented by “Specific Registration and Participation Terms and Conditions” of Ebner Media and further terms and conditions of a third party, e.g. of an exhibition centre (hereinafter together referred to as “T&C”). The order of priority in this respect is as follows: Registration confirmation of Ebner Media in conjunction with the information provided in the registration form; Specific Registration and Participation Terms and Conditions of Ebner Media; General Terms and Conditions; general terms and conditions of third parties.
1. Registration / Conclusion of Contracts
1.1 Any and all offers of Ebner Media in response to registration requests are non-binding and subject to change. Upon return of the fully completed and signed registration form, the Participant orders the area and any associated stand equipment (where applicable) for lease and/or additional services with binding effect.
By signing and returning the form, the Participant bindingly accepts the T&C. The registration is binding for the Participant.
1.2 Companies are admissible as exhibitors whose products for exhibition can be allocated to the area of entertainment technologies. Exhibitors from other areas may also participate as exhibitors after review and approval by the Organiser if the respective products complement the range in an essential way.
1.3 The Exhibitors are obliged to provide information about the company as well as the products for exhibition.
1.4 Joint stands are generally admissible. Joint stand participants will also accept the applicable T&Cs and comply with the valid provisions.
2. Registration Confirmation, Withdrawal and Non-Participation
2.1. Up until receipt of the registration confirmation, the Participant may withdraw from the registration without providing reasons. The withdrawal must be declared vis-à-vis Ebner Media in writing. Upon provision of the registration confirmation by Ebner Media, a contract is concluded with binding effect for both parties.
Should the content of the registration confirmation deviate from the content of the registration, the contract will be concluded on the basis of the registration confirmation. Should the content of the registration confirmation significantly deviate from the content of the registration, the Participant may raise an objection within 2 weeks.
2.2. Should the Participant be prevented, due to reasons within the Participant’s sphere of risk, from making the agreed use of the area and/or the other requested services, the Participant will generally remain obliged to pay the contractually agreed rent. However, if the Participant informs the Organiser of its inability to participate
- at least 3 months prior to the official start of the event only 20 % and
- at least 2 months prior to the official start of the event only 50 %
of the contractually agreed rent will be payable.
The Participant will be free to prove that Ebner Media did not incur any loss or that the loss incurred by Ebner Media was lower than the aforementioned fixed rates.
2.3. In addition, the Participant will have to pay the services already provided by Ebner Media for the following fixed fees which will become due upon receipt of the prevention notification.
- a) Fixed administrative costs and organisation fee in the amount of EUR 750 plus VAT for order confirmation, accounting, cancellation expenses, website maintenance, third-party services (e.g. stand builders, drafters, graphics).
2.4. Ebner Media is entitled to withdraw from the contract if the number of Participants and sponsors required for a profitable realisation of the event is not achieved, if the main organiser does not realise the event or if the realisation of the event becomes impossible due to other reasons outside Ebner Media’s area of responsibility. In such case, the exhibitor will be informed immediately and any payments already made will be reimbursed. Any further claims of the Participant will be excluded unless Ebner Media has acted with intent or gross negligence.
3. Provision of Services by Ebner Media
3.1. The stand area may be booked via the booking portal. However, an effective booking will not be achieved until confirmation by Ebner Media Group. This will be provided shortly after the booking process. The booking as such does not grant a right to be allocated the booked area.
3.2. If areas are leased, the services provided by Ebner Media consist of the provision of the agreed area without setup, electricity connection, hardware and software. Further special and additional equipment can be provided by Ebner Media against a fee.
3.3. For a compelling reason, Ebner Media is entitled to allocate a stand area which differs from the registration confirmation, to change the stand size and dimensions, to move or close entrances, passageways and exits of the exhibition centre and the congress and to carry out structural changes in the exhibition halls without giving rise to any rights. Should the stand size be reduced due to such measures, the price difference in comparison to the booked size will be reimbursed. This will not give rise to compensation claims or a withdrawal right for the Participant.
3.4. Should pillars, roofs, installation connection points or other fixed installations of the event venue be located on the stand area, this will not reduce the rent or any other costs.
3.5. Should the Participant book other additional services, the exact scope of the service provision will be defined by the Specific Registration and Participation Terms and Conditions and the information contained in the registration confirmation of Ebner Media in conjunction with the information provided in the registration form.
4. Obligations of the Participants during the Setup and Operation of the Stands
4.1. The Participant must observe the public regulations, in particular public building regulations, and must obtain any required approvals itself. This also applies for all persons working for the Participant. Such persons must be monitored to ensure compliance with the provisions.
4.2. Any required insurances must be taken out by the Participant itself.
4.3. The Participant is obliged to submit detailed stand drawings and images (if applicable) to Ebner Media for approval at least 6 weeks prior to the start of the event. Further information can be found in the Specific Registration and Participation Terms and Conditions.
4.4. Any installation and operation of electric devices, specifically of the Participant’s own WIFI infrastructure (router etc.) with the exception of the Participant’s exhibits, require the prior written consent of Ebner Media.
4.5. Products and services must only be presented on the booked stand area. A distribution of products, flyers and other advertising material in the other areas of the exhibition ground may be booked via a sponsoring, otherwise it is inadmissible.
4.6. The Participant must provide the booked area in the contractually agreed form for the duration of the event and keep it staffed at all times during the opening hours. A premature vacation of the exhibition stand would constitute a severe breach obliging the Participant to pay a contractual penalty pursuant to clause 5.1.
4.7. If the contract concerns sponsoring services, the sponsor is obliged to provide the agreed service in accordance with the contract.
4.8. The area is provided to the Participant exclusively for its own use and must not be made wholly or partly available to third parties without Ebner Media’s written approval. Sponsoring services must be provided at own responsibilities. The construction rules (stand areas & concepts) are described in the document “Stand Construction Rules”. The exhibitor must comply with these rules.
4.9 Products which present a particular risk, such as lasers, pyrotechnic installations or open fires, must only be used upon prior registration and approval by the Organiser. Equally, it is the exhibitors’ responsibility to observe the minimum distances from lighting equipment and other devices.
5. Consequences of Breaches and Contractual Penalty
5.1. In case of a breach of clause 4.6. for which the Participant is responsible, the Participant undertakes to pay Ebner Media a contractual penalty in the amount of 125% of the rent for the respective day at the agreed area price, without prejudice to Ebner Media’s right to design the stand and the area itself or to make other arrangements in this respect.
5.2. In case of a breach of clause 4.8. for which the Participant is responsible, the Participant undertakes to pay Ebner Media a contractual penalty in the amount of 30% of the invoice amount for each individual breach, at least, however, a minimum of EUR 1,000.00 and limited to a maximum of the invoice amount plus VAT, without prejudice to Ebner Media’s right to perform the service itself or have it performed by a third party and request compensation for the respective costs of the substitution, to design the area itself or to make other arrangements in this respect. The Participant may, however, provide proof that a lower damage was incurred.
6. Consequences of a Default of Payment or Performance by the Participant
6.1. Ebner Media is entitled to terminate the contract without notice (fristlos) and/or to refuse performance if the Participant is in default with a payment wholly or partly for more than 14 days, if an application for insolvency proceedings or for the opening of a settlement in or out of court is submitted against the Participant or if the Participant declares that it will not staff the stand or that it will not provide its contractual performance.
6.2. If Ebner Media terminates the contract without notice, Ebner Media is entitled to claim the invoiced amount as a fixed compensation. If Ebner Media is able to lease the area again or to find another sponsor, Ebner Media will be entitled to claim compensation from the Participant in the amounts to be expected in the ordinary course of events. Generally, this will be 20% of the amount invoiced to the Participant.
6.3. The Participant will be free to prove that Ebner Media has not incurred any damage or that the actually incurred damage was lower. Ebner Media is entitled to prove and claim higher actual damages.
7. Prices, VAT and Due Date
7.1. All specified prices are net prices and are to be understood plus VAT and pro-rated allocations for technical services.
7.2. The invoice amount is payable as follows: 50% of the total invoice amount must be paid by 01 August 2021 at the latest. The outstanding balance will become due at least 2 weeks prior to the event. In case of default, interest will be payable in the amount of 5 percentage points above the base rate.
7.3. Timely and full receipt of the payment is the precondition for the use of the area/leased object, for the catalogue entry as well as for the handover of the participants passes. Ebner Media reserves the right to block or lease the stand area to another company if the invoice amount is not credited to the account of Ebner Media by the start date of the event.
8. Co-Exhibitors, Additionally Represented Companies, Joint Stands
8.1. As the booked stand area is exclusively leased to the Participant (Main Exhibitor), it must not be swapped, shared or otherwise made available to third parties without the consent of Ebner Media.
8.2. A joint use of the booked areas by several companies is admissible if the provisions of the Special Section of the Participation Terms and Conditions allow a participation of co-exhibitors and/or additionally represented companies and these have been properly registered in advance as co- and/or sub-exhibitors. This also applies for companies which exhibit their own products, even if no own staff is present, i.e. group companies and subsidiaries are also regarded as co-exhibitors.
8.3. Where several companies share one stand area (joint stand), the Main Exhibitor is obliged to register the other companies as co-/sub-exhibitors using the registration form and/or to inform the Organiser in writing (in electronic form). The Main Exhibitor remains the only contractual partner of Ebner Media and must ensure that the other companies comply with the T&Cs. The Main Exhibitor will be liable for any faults of co-/sub-exhibitors in the same way as for its own faults.
8.4. Should the Participant introduce a co-/sub-exhibitor to the leased area without prior knowledge of Ebner Media and without written registration, Ebner Media will be entitled to terminate the contract without notice and potentially even to clear the leased area. In such case, the Participant will not have any compensation claims or other claims against Ebner Media. Furthermore, Ebner Media may demand a contractual penalty in the amount of the registration costs for co-/sub-exhibitors with a 50% surcharge.
8.5. If a company registered as a co-/sub-exhibitor does not participate, the co-exhibitor fee will nevertheless be due for payment in the full amount. Only companies which are not and have never been an exhibitor (Main Exhibitor) at the exhibition can become co-exhibitors.
9. Condition and Use of the Area/Equipment and Limitations of Liability
9.1. As a rule, the area (including associated stand equipment, if applicable) will be handed over by Ebner Media in a defect-free and clean condition. On the day which is deemed the end of the dismantling period, the associated stand equipment must be returned to Ebner Media in the condition in which it was received. The Participant must immediately inform Ebner Media of any damage to the areas or the associated stand equipment, at the latest, however, upon return. Any damage for which the Participant is responsible will be removed at the Participant’s cost.
9.2. The Participant must immediately, in any case before the start of the event, check the location of the area, the quality of the stand and of the associated stand equipment (if applicable) and all other additional services and must immediately complain in writing in case of any defects, as claims for defects will be forfeited otherwise. Any claims of the Participant for the reimbursement of expenses or permission of removal of an installation will become statute-barred within 6 months from the date which is deemed the end of the dismantling period pursuant to the Specific Registration and Participation Terms and Conditions or the registration confirmation.
9.3. Ebner Media and the vicarious agents of Ebner Media will not assume any duty of care for the stands, installations or other items introduced by the Participant.
9.4. Ebner Media and the vicarious agents of Ebner Media will only be liable for intent and gross negligence. For damage resulting from injuries to life, body or health, Ebner Media will also be liable in case of a negligent breach of duty. In case of damage to property or financial loss including lost profits caused by slight negligence, Ebner Media and the vicarious agents of Ebner Media will only be liable in case of a breach of an essential contractual duty, however, in an amount limited to the loss which is foreseeable upon conclusion of the contract and typical of the type of contract; essential contractual duties are duties whose fulfilment defines the contract and upon whose fulfilment the Participant had a right to trust.
9.5. Ebner Media will not be liable for any damage caused by Participants, stand builders who are not vicarious agents of Ebner Media, visitors or other third parties. In case of damage, Ebner Media will assign any claims against the party causing the damage/against the Participant.
9.6. Ebner Media does not assume any liability for damage caused by force majeure, strikes or other outages or performance fluctuations in the energy supply for which Ebner Media is not responsible.
10. Photo, Video and Sound Recording
10.1 Picture and sound recordings of any kind (including drawing and sketches) (hereinafter “Recordings”) require observance of the law and statutes (specifically of moral rights and the domestic authority of Ebner Media and exhibitors). Any Recordings of exhibition items of third parties are generally prohibited. In case of a breach, Ebner Media is entitled to collect and store any Recordings and their carriers at the cost of the recording party. This shall not affect the activities of the media such as radio, TV, film, newspapers and trade press for reporting purposes. The general prohibition does not give rise to a claim against Ebner Media; each exhibitor is responsible for the implementation of the prohibition at the respective stands. In case of sufficient probability of a violation of protective rights, Ebner Media may allow photographs to be taken for the purposes of securing evidence. For this purpose, the applicant must name the potential violator, the violating item and the potential violation of protective rights, prove its own protected rights and show that it is necessary to make Recordings to secure evidence (this will not be the case if other evidence is available, e.g. Recordings in the catalogue or on the Internet); Ebner Media will decide at its own discretion whether a permission to take photographs will be granted.
10.2 The exhibitor is entitled to make Recordings and/or to have Recordings made of its own stand and its exhibited items during the opening hours of the event. Ebner Media has approved specific exhibition photographers which have been provided with an official LEaT con pass to confirm their identity and who are entitled to make Recordings on behalf of the exhibitor. Any Recordings during the setup, closing or dismantling period are prohibited, with the exception of pictures taken and used for the respective internal documentation purposes.
10.3 The exhibitor agrees for all known and unknown types of use in all media free of charge and without limitation in terms of time and location that Ebner Media or third parties instructed by Ebner Media are entitled to make Recordings of the exhibitor’s person, its stand and/or of exhibited items within the framework of the event, also including its company symbol and/or trademarks protected by the exhibitor, and to use, process and, also in processed form, copy, distribute, exhibit, make publicly available and archive such Recordings wholly or partly for editorial reporting purposes of Ebner Media commercially and non-commercially.
German law applies. The place of jurisdiction is Munich. Should one or more provisions of these General Terms and Conditions or a provision within the framework of any other agreement be or become invalid, this shall not affect the validity of all other provisions or agreements. Invalid or missing clauses must be replaced with valid clauses which come closest to the intended purpose.