Geschäftsbedingungen (Nur EU)

Independent Hotel Show Munich 2024 Exhibition Terms and Conditions

 

1. DEFINITIONS.

The in these Terms and Conditions used terms with a capital means:

• Exhibitor: any person firm or company who has made application for and who has been granted Space in the Exhibition.
• Exhibition: Independent Hotel Show Munich 2024.
• Organisers: the incorporated and registered company in England and Wales Montgomery Events Ltd or its lawful assigns.
• Space: the area in the Exhibition applied for or allotted to the Exhibitor.
• Exhibition Services: services which are inclusive within the m2 space rate such as publicity material, security, cleaning, traffic management, exhibition catalogue listing and any other services which the Organisers may from time to time offer at their discretion.
• Venue: the premises where the Exhibition is to take place, MOC – Event Center Messe München, Messesee 2, 81829 München.
• T&C: these general terms and conditions which, in accordance with paragraph 2 of these T&C, apply to the establishment, content and fulfilment of the agreement between Exhibitor and Organisers.

2. APPLICABILITY TERMS AND CONDITIONS 

• These T&C apply exclusively to the establishment, content and fulfilment of the agreement between Exhibitor and Organisers.
• The applicability of any other terms and conditions of Exhibitor are herewith expressly rejected.
• These T&C shall be construed in accordance with German law and the parties irrevocably agree that the district court (Landgericht) in Munich, Germany have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&C.
• The T&C shall be deemed to include all other terms and conditions or rules and regulations issued from time to time by the Organisers including the Exhibitor Manual and the Rules & Regulations as outlined in the eGuide a copy of which is available on request.
• The Exhibitor also agrees that this contract is subject to the terms of the agreement between the Organisers and the venue owner under which the Organisers have licensed the premises of which the Space is part a copy of which is also available on request.
• Deviations from and supplements to these T&C are only binding between parties if they have been agreed explicitly, in writing and signed by the parties or their authorised representatives.Each provision of these T&C is independent of each other provision thereof. If a provision of these T&C (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed ineffective and not to form part of these T&C and the validity and enforceability of the other provisions of these T&C shall not be affected. If a provision of these T&C (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.
• Organisers reserve the right to unilaterally change these T&C. A proposed change will be announced on Organisers’ website and the Organisers will inform the Exhibitor about any changes of these T&C in writing, by facsimile or in text form (including by email). Changes will take effect thirty (30) days after the announcement. The Organisers will inform the Exhibitor about its right to object (Widerspruchsrecht) and the legal consequences of silence.

3. APPLICATIONS FOR SPACE.

• Applications for Space must be made on the Organisers’ official Contract to Exhibit Form. The Organisers reserve the right to accept or reject any application.
• Where an application has been made by a person acting as agent, factor or licensee, he shall disclose this to the Organisers.
• With the signing of the Contract to Exhibit Form, the Exhibitor confirms that the person or persons signing the Contract to Exhibit Form on behalf of the Exhibitor have full authority to do so on behalf of the Exhibitor and additionally confirm to have full power to sign and the Exhibitor shall be bound by all acts, representations and directions made by any such person and shall have no right to claim against the Organisers that such person or persons did not have such authority.
• The Exhibitor is responsible for submitting applications at its own expense and for observance and compliance with all statutory requirements all bye-laws or regulations of local or other competent authorities bodies or societies in respect of all matters concerned with the use of the Space including all copyright clearances and licences and to produce copies of such documents to the Organisers on demand.
• Any application for stand space or any acceptance thereof by the Organisers shall not be conditional on the presence or location or absence of any other exhibitor at or from the same or any other Exhibition and any reference to such conditionality shall not apply to any contract for space between the Organisers and the Exhibitor for Exhibition stand space and is herewith expressly rejected by the Organisers.

4. LICENSE AGREEMENT

• Upon acceptance of the Contract to Exhibit Form by the Organisers, there shall be a license agreement between the Organisers and the Exhibitor subject to these T&C and the Rules and Regulations outlined within the Exhibitor Manual. As regards any Space allotted, the relationship of licensor and licensee shall exist between the Organisers and the Exhibitor. It is acknowledged that the allotment of Space and the agreement also include Exhibition Services.
• In case of non-payment of any sum due from the Exhibitor or of any other breach or non-observance by the Exhibitor of any of these T&C (whereas, for avoidance of doubt, the statutory requirement of a reminder (Mahnung) or setting of a deadline (Fristsetzung) remains unaffected, except reminder (Mahnung) or setting of a deadline (Fristsetzung) is not required by law), the Organisers have the right to revoke their licence and re-enter upon the allotted space to remove and exclude the Exhibitor and all persons therefrom without prejudice to the right to recover all sums payable by the Exhibitor hereunder and without prejudice to any other right or remedy available to the Organisers.
• For the avoidance of doubt any contract between the Organisers and the Exhibitor for space is only for the area of such space. No acceptance by the Organisers of the Exhibitor’s Contract to Exhibit Form or allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement warranty or representation by the Organisers that the Exhibitor is entitled to exhibit at the Exhibition in such particular location and the Organisers reserve the right without being required to give notice to the Exhibitor to alter the layout of the Exhibition floor plan or position of any stand at any time.
• Whilst the Organisers shall act in good faith, the name of any exhibitor which may appear on any floor plan or stand number or any statement made by or on behalf of the Organisers that any exhibitor is booked to attend the Exhibition provisionally or otherwise shall not constitute any warranty representation or undertaking by the Organisers that any such exhibitor will attend the Exhibition or attend at any particular location.
• The Exhibitor must occupy the Space allotted to him by show opening time on the first day of the Exhibition. Any Exhibitor failing to do so will be deemed to have cancelled his Space booking. In this event the T&C relating to Cancellation will apply and the Organisers may resell or reallocate such space.

5. PAYMENT TERMS.

• Each Exhibitor is responsible for settling all accounts for ancillary charges and expenses incurred in connection with Independent Hotel Show Munich 2024, which are initiated by him, his agent, representative or contractor and must discharge all such liabilities forthwith when called upon to do so.
• The Exhibitor shall pay in full and cleared funds in the following instalments:
• Due at signing 50% of the total costs of participation + VAT
• On or before the 18th of July 2024 a further 50% of the total costs of participation + VAT
• Organisers reserve the right to exclude Exhibitor form participation in the Exhibition and/or to close or have removed any stand and/or exhibits belonging to any Exhibitor who is in default with his/her obligations relating to payments.
• In this agreement VAT and any other applicable tax has been shown separately. The appropriate amount of tax deemed payable will be calculated at the time of invoice and such tax shall be deemed payable when the charge to which it relates is deemed payable.
• If Exhibitor fails to pay any of the above payments, the Exhibitor will be in default (Verzug); sec. 286 of the German Civil Code (BGB) shall remain unaffected. Organisers are then entitled to charge default interest pursuant to the statutory laws. The default interest is calculated on the claimable amount from the moment that Exhibitor is in default until the moment of payment of the full amount owed.
• In addition if the above payments are fourteen days in arrears after setting a deadline by the Organisers, except setting a deadline is not required by law, these T&C may at any time thereafter be terminated forthwith by notice in writing by the Organisers to the Exhibitor. In such event all payments made shall be forfeited and a cancellation charge will be applied pursuant to paragraph 6 of these T&C which shall become due and payable forthwith together with any accrued interest.

6. CANCELLATION/REDUCTION OF SPACE.

• In the event that an Exhibitor either wishes to cancel his space booking or reduce the size of his space booking after acceptance by the Organisers or is in default with the payment obligations (whether as to the amounts or dates of payment) detailed in these T&C or in the Contract to Exhibit Form, then the Organisers reserve the right (but without being obliged to do so and without prejudice to any other right or remedy available to the Organisers) to apply cancellation/reduction charges and to reallocate such space. The parties agree that quantifying losses arising from the Exhibitor’s cancellation or reduction of the space booking is inherently difficult, as the Organisers shall incur expenses, allocate resources and take other actions in connection with the tasks necessary to facilitate and manage the Event. The parties further agree that the cancellation/reduction charges below shall not be regarded as a penalty but as a genuine pre-estimate of the loss suffered by the Organisers and which amount the parties consider to be a reasonable measure of damages based upon the parties’ experience in the event industry and the nature of the losses that may result from such cancellation or reduction of the space booking. For avoidance of doubt, nothing in this paragraph 6 of these T&C shall exclude the Exhibitor’s right to proof that no damage or loss has occurred or that the damage or loss is significantly lower than the cancellation/reduction charges set forth in paragraph 6.2 of these T&C.
• The cancellation/reduction charges shall be as follows:
• cancellation/reduction before the 18th of July 2024 – 50% of the total costs of participation
• cancellation/reduction on or after the 18th of July - 100% of the total costs of participation +VAT.

The Exhibitor shall not be obligated to pay any cancellation/reduction charges if cancellation or reduction of space by the Exhibitor was caused by the Organisers conduct in breach of contract.

• If the Exhibitor wishes to cancel or reduce the size of his stand, then written notice of such wish must be forwarded to and received by the Organisers by registered letter (Einschreiben) at 9 Manchester Square, London W1U 3PL. For the avoidance of doubt the Organisers shall not be obliged to accept the Exhibitor’s notice of cancellation.
• Notwithstanding that the Organisers may resell or reallocate the cancelled stand space (or the space by which it is reduced) after payment of the cancellation charges, the Organisers shall be under no obligation to reimburse all or any part of such cancellation/reduction charges, subject to paragraph 6.1 of these T&C.

7. DURATION OF EVENT.

Details of Exhibition hours are given in the Exhibitor Manual. During these times, stands must be manned by the Exhibitor’s staff. The Organisers reserve the right in its discretion to shorten, extend or otherwise alter such duration hours on notice to the Exhibitor. In such circumstances, all charges and costs will remain payable by the Exhibitor. Organisers will inform the Exhibitor about any changes of the duration hours in the notice in writing, by facsimile or in text form (including by email). Changes will take effect thirty (30) days after the announcement. The Organisers will inform the Exhibitor about its right to object (Widerspruchsrecht) and the legal consequences of silence.

8. EXHIBIT PROFILE/REMOVAL OF EXHIBITS

• Only exhibits pertaining directly to the food, drink & hospitality industry will be allowed. The Organisers reserve the right to have removed from the hall any exhibit or item complementary to an exhibit not conforming in their reasonable opinion to this regulation.
• The Organisers reserve the right to require the Exhibitor to remove any exhibit or category of exhibit if the Organisers in their reasonable discretion consider that the same is libellous of an obscene nature or may infringe the rights of any third party or which the Organisers consider in their reasonable discretion to be undesirable or detrimental to the Exhibition, other exhibitors or the general commercial interests of the Organisers or any associated company.

9. PROMOTION AND REPRESENTATIONS.

Whilst the Organisers shall use their reasonable endeavours to organise and promote the Exhibition in such manner as they consider appropriate the Organisers reserve the right to amend or vary the manner or methods of such organisation and promotion and therefore any statements made by or on behalf of the Organisers as to audience projections or methods or timing of promotion shall constitute only general indications of the Organisers’ promotion and organising strategy and shall not amount to any representation or warranty.

10. ASSIGNMENT.

The Exhibitor is not entitled to assign sublet or grant licences in respect of the whole or any part of the Space allocated to him, or assign or otherwise deal with his rights and obligations hereunder nor may any cards advertisements or printed matter of persons who are not bona fide Exhibitors be exhibited or distributed on any stand. This shall not apply to persons firms or companies being subsidiaries agents or principals of the Exhibitor and who are duly listed with the Contract to Exhibition Form at the time of booking. The Organisers is entitled to assign the contract (including the benefit and the burden) for Space or any part thereof without prior notice to or consent from the Exhibitor to any third party. The Exhibitor herewith gives its consent to such assignment.

11. EXCLUSION OF PERSONNEL.

The Organisers reserve the right to exclude or remove from the Exhibition any person based upon valid groundsand the Organisers may exercise such rights notwithstanding that any person is the servant agent or contractor of the Exhibitor or otherwise in any way connected or associated with the Exhibitor.

12. GROUP STANDS.

Contracting parties for group stands are responsible for ensuring that all Exhibitors within their group are fully aware of, and agree to abide by these T&C and by regulations outlined within the Exhibitor Manual of the Exhibition.

13. ERECTION OF STANDS.

• All Stands - No Exhibitor will be permitted to display any exhibit in such a manner as in the reasonable opinion of the Organisers obstruct the light or impede the view along the open spaces or gangways or to occasion inconvenience or otherwise affect the display of other exhibitors.
• Shell Scheme Stands - A dimensioned drawing and full details of the Organisers’ shell scheme stand will be provided to each Exhibitor in the Exhibitor Manual. Exhibitors may be permitted to appoint another contractor for interior work to the shell scheme subject to the Organisers’ prior written consent being obtained.
• Space Only - Exhibitors must appoint a contractor who is aware of their responsibilities under all applicable Health and Safety legislation and must provide the Organisers with their full details including any sub-contractors. Exhibitors must also ensure their contractors and sub-contractors are aware of and comply with all terms and conditions and rules and regulations for the exhibition as issued from time to time by the Organisers.
• The Exhibitor is reminded that in accordance with the Exhibitor Manual, the exchange of money at the Exhibition is strictly prohibited. The Exhibitor shall ensure that it and its stand sharers, servants, agents and contractors comply with this policy at all times.

14. FIRE PRECAUTIONS.

All materials used for building, decorating or covering stands must be of non-flammable material. Exhibitors must comply with all instructions given by the relevant authorities to avoid the risk of fire or any other risk.

15. DANGEROUS MATERIALS.

The following are excluded from the Exhibition: explosives, detonating or fulminating compounds, and all dangerous or harmful substances, including primings, fireworks, etc. Primings, fireworks, matches and similar objects can only be exhibited in the form of imitations, and on condition that they contain no inflammable matter.

16. ATTENDANCE.

The Exhibitor acknowledges that the Organisers shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Exhibition or the failure of any number of attendees to attend the Exhibition for any reason.

17. POSTPONEMENT OR ABANDONMENT.

If the Exhibition cannot be held or the Exhibition venue is or becomes wholly or partially unavailable for the holding of the Exhibition and if by re-arrangement or postponement of the period of the Exhibition or by substitution of an alternative venue for the Exhibition or by means of any other reasonable matter or thing the Exhibition can be held, the contracts for space shall be binding upon all parties save that the same shall be deemed to be varied so as to allow for any necessary change in venue, dates or period of the Exhibition, stand size, location or otherwise. The Organisers will inform the Exhibitor about any re-arrangement or postponement in writing, by facsimile or in text form (in particular by email). Variations will take effect thirty (30) days after the announcement. The Organisers will inform the Exhibitor about is right to object (Widerspruchsrecht) and the legal consequences of silence.

18. INDEMNITY.

The Exhibitor and any stand sharers shall fully indemnify and keep indemnified, in accordance with the statutory legal provisions, the Organisers, its employees, contractors and agents (each an “Indemnified Party”) against all costs claims demands proceedings and losses whatsoever made against or incurred by an Indemnified Party as a result of the Exhibitor, a stand sharer or its employees or agents exhibiting, displaying, advertising, promoting, selling or supplying any goods or services at the Exhibition, including without limitation any claim in respect of damage, injury, accident or loss arising to any person (including members of the public or an Indemnified Party) or property as a result of any act or omission of the Exhibitor or a stand sharer or any of their servants, agents, contractors or invitees. Insofar as liability on the part of the Exhibitor in the aforementioned cases requires fault (Verschulden) in accordance with the statutory legal provisions, this requirement of fault shall remain unaffected and the Exhibitor is at liberty to prove that he has not acted culpably (schuldhaft) with regard to the facts triggering the indemnification.

19. INSURANCE.

• The Exhibitor is solely responsible for all property, exhibits, articles of any kind which is brought into or kept at the Exhibition venue by Exhibitor or on its behalf. Without prejudice to the generality of the foregoing and, subject to paragraph 20.1, the Organiser shall not be liable for any damage or theft to or of any property, exhibits, or articles of any kind of the Exhibitor or that of any of the Exhibitor's employees, contractors or other guests or invitees to the Exhibition venue ("Exhibitor Property") (except to the extent that such damage or theft was caused by fault (Verschulden) of the Organisers; paragraph 20 shall remain unaffected).
• Exhibitors and any stand sharers shall make sure that they are fully covered by insurance including, but not restricted to, all risks on Exhibitor Property, employers’ liability, minimum of € 5,000,000 public liability and comprehensive protection against any loss or damage caused by any circumstance whatsoever whether by reason of fire, water, theft, accident or any other cause. Such insurance shall cover any losses covered by the indemnity in paragraph 18 to the fullest extent reasonably possible. If the Organisers so demand the Exhibitor shall provide proof to the Organisers that the Exhibitor has adequate insurance cover. In addition, Exhibitors may wish to take insurance for losses and wasted expenditure in the event of the Exhibition being cancelled, abandoned or curtailed. Exhibitors must ensure that their temporary staff and the staff of their agents or contractors are insured against claims for employers’ liability and/or workman’s compensation. The period for which such insurance shall be maintained shall run from the time the Exhibitor or any of his servants, agents or contractors first enters the Exhibition grounds, and continue until he has vacated the Exhibition grounds and all his exhibits and property have been properly removed.

20. LIMITATION OF LIABILITY.

• Nothing in the T&C shall limit or exclude the Organisers’ liability for:
• death or injury of life, body or health caused by Organisers’ intent (Vorsatz) or negligence (Fahrlässigkeit), or intent or negligence of Organisers’ vicarious agents (Erfüllungsgehilfen) or legal representatives (gesetzliche Vertreter);
• breaches of duties caused by Organisers’ intent or gross negligence or by intent or gross negligence of Organisers’ vicarious agents or legal representatives;
• any other liability which cannot be limited or excluded by applicable law.

Organizer shall not be liable in the event of simple negligence (einfache Fahrlässigkeit) on the part of its organs, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations (wesentliche Vertragspflichten). Material contractual obligations under these T&C in particular include, but not be limited to, Organisers’ obligation of allotment of space under paragraph 4 of these T&C; provided, however, that in these cases the Organisers’ liability shall be limited to the contractually typical and foreseeable damages (vertragstypische, vorhersehbare Schäden) under these T&C.

• Subject to paragraph 20.1, the Organisers shall not be liable to the Exhibitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these T&C for:
• loss of profits;
• loss of sales or business;
• loss of agreements or contracts;
• loss of anticipated savings;
• loss of damage to goodwill;
• any indirect or consequential loss; and
• any amounts which are recovered or recoverable by the Exhibitor from its insurers (or amounts which would have been recoverable but for the Exhibitor's breach of paragraph 19.2)
• Subject to paragraphs 20.1 and 20.2 the Organisers total liability to the Exhibitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the T&C shall not exceed:
• in respect of damage to, or loss or theft of Exhibitor Property which is caused by a sub-contractor appointed by the Organisers in connection with these T&C, the amount recovered by the Organisers, pursuant to paragraph 20.6, from the sub-contractor which caused the damage; and
• for all other losses or damages which do not fall within sub-paragraph 20.3.a, the total costs paid under these T&C.

Nothing in this paragraph 20.3 shall limit or exclude the Organisers’ liability for contractually typical and foreseeable damages (vertragstypische, vorhersehbare Schäden) under these T&C.

• The Organisers shall not in any event be held responsible for any restriction or conditions which prevent the construction, erection, completion, alteration or dismantling of stands or the entry, siting or removal of exhibits, or for failure of any services or amenities provided or contracted to be provided by the venue owner or other third parties.
• The Organisers shall not be liable in respect of: (i) any contract entered into between the Exhibitor and either any official contractor appointed by the Organisers or any contractor appointed by the Exhibitor with the Organiser's prior written consent, for the negligence, act or omission or default of any such contractor, its servants or agents and/or (ii) for any negligence, act or omission or default of any contractor or its servants or agents appointed by the venue owner.
• The Organisers shall not be liable for intentional acts of their vicarious agents. Besides, subject to paragraphs 20.1 and 20.2, in the event of damage to Exhibitor Property which is caused by a sub-contractor appointed by the Organisers, the Organisers shall: (i) use reasonable endeavours, subject to any exclusions or limitations which may exist in an agreement between the Organisers and the relevant sub-contractor, to recover, or to assist the Exhibitor with the recovery of, the Exhibitor's losses from the relevant sub-contractor; and (ii) not be obliged to pay any monies to the Exhibitor, pursuant to paragraph 20.3.a or otherwise, until the Organisers have received the same from the relevant sub-contractor.
• The terms set out in this paragraph 20 shall survive termination of the contract.

21. INSOLVENCY.

In the event of the Exhibitor if an individual becoming bankrupt or otherwise committing any act of insolvency or if a company going into liquidation or having a Receiver or Administrator appointed in respect of any of its assets, then the Organisers reserve the right to terminate the contract with the Exhibitor forthwith and the T&C relating to Cancellation shall apply (paragraph 6 of these T&C), to the extent legally permissible pursuant to the applicable provisions of the German Insolvency Act (InsO).

22. FORCE MAJEURE.

The Organisers shall not be liable to the Exhibitor by reason of any cancellation or part time opening of the Exhibition, either as a whole or in part, for any non-performance of their obligations under this contract or for any amendments or alterations to all or any of the Rules or Regulations of the Exhibition in each case to the extent that such occurrence is due to circumstances not within their reasonable control, including without any new or amended law, sanctions, strike, lockouts, fire or natural catastrophes, diseases, epidemics, pandemics, acts of terrorism, acts of God, inability to obtain necessary space, equipment, materials or any failure of the usual sources of supply. Paragraph 20 of these T&C shall remain unaffected.

23. DATA PROTECTION - PRIVACY.

By signing the Contract to Exhibit Form the Exhibitor is expressly consenting, under all relevant data protection legislation including in particular the EU Data Protection Regulation, and as applicable UK GDPR and Data Protection Act 2018, as provided in our Privacy Policy (available on request), to the Organisers communicating with Exhibitors by telephone, fax, email and by post and using its personal information for the following purposes, namely: for the Organisers’ lawful purposes which will include the performance of our agreement with you and for our legitimate business interests, and; accounts processing, internal analysis of Exhibitors, inviting Exhibitors to other events organised by the Organisers or their group, disclosure of information to contractors who provide services in respect of the Exhibition (including but not limited to shell scheme, security, registration, cleaning and freight contractors, caterers and electricians), disclosure to direct mailing contractors and disclosure or transfer of Exhibitor’s personal data to members of the Organisers’ group worldwide to allow the group to further develop its business and its services to Exhibitors. The Organisers may also pass Exhibitor details to third parties who provide goods and services likely to be of interest to Exhibitors. Please contact the Organisers in writing if you do not wish your personal information to be used in any of the ways mentioned above.

24. NO WAIVER.

The failure of the Organisers at any time to enforce any provision of these T&C or the Rules and Regulations shall not affect their right thereafter to require complete performance by the Exhibitor nor shall the waiver of any breach of any such provision be taken as or held to be a waiver of any subsequent breach or be a waiver of the provision itself.

25. ENTIRE AGREEMENT

• These T&C constitute the entire agreement between the parties in connection with its subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
• Each party acknowledges that in entering into this agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

 

Organised by: Montgomery Events Ltd, 9 Manchester Square, London W1U 3PL, number 3801163