General Terms and Conditions - Forum Automobillogistik

GENERAL TERMS AND CONDITIONS of BVL Service GmbH -
On-site presence

General terms and conditions for exhibitors and sponsors

Part I. General part

general, scope of application

(1) These General Terms and Conditions (GTC) apply to all contracts with BVL Service GmbH (BVL). They shall also apply in their respective version as a framework agreement for future contracts with the same contractual partner, without the need to refer to them again in each individual case.

(2) These GTC shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the contractual partner shall only become part of the contract if and insofar as their validity is expressly agreed.

(3) Our GTC shall also apply if we perform the service to the contractual partner without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.

(4) Individual agreements made with the contractual partner in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.

(5) Legally relevant declarations and notifications of the contractual partner in relation to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail).

(6) Insofar as written form is required in these GTC, the transmission of signed documents as an attachment to an e-mail shall suffice. Statutory formal requirements remain unaffected.

conclusion of contract

(1) BVL's offers are subject to change and non-binding. BVL shall be bound by the prices stated in the offer - unless the Contractual Partner has previously declared acceptance of the offer - for 14 days from the date of the offer, unless otherwise stated in the offer.

(2) Contracts shall only come into effect upon signature or written confirmation by BVL. BVL shall be entitled to accept contractual offers from the Contractual Partner within 14 days of their receipt by BVL at .

terms of payment

(1) All BVL prices are subject to statutory value added tax.

(2) After acceptance of the offer, BVL may charge the agreed exhibition and sponsorship fee. The invoice must be paid within 2 weeks.

(3) The contractual partner shall only have a right of set-off or retention to the extent that its claim has been legally established or is undisputed.

(4) Payment of the sponsorship or exhibition fee by the specified due date is a prerequisite for the construction and use of the allocated stand space.

liability

(1) Unless otherwise provided for in these GTC including the following provisions, BVL shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

(2) BVL shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the event of simple negligence, BVL shall only be liable

for damages resulting from injury to life, limb or health,
for damages arising from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, BVL's liability shall be limited to compensation for foreseeable, typically occurring damages.

(3) The limitations of liability resulting from paragraph (2) shall not apply in the event of fraudulent intent on the part of BVL or if BVL has assumed a guarantee.

5 Performance disruptions, force majeure

(1) In justified exceptional situations and in cases of force majeure, BVL shall be entitled to postpone, shorten, cancel, temporarily interrupt, partially close or cancel and/or relocate an event.

(2) A justified exceptional situation justifying such a measure exists in particular if

a) a sovereign measure (e.g. court or official order or other sovereign regulation such as a law or ordinance) exists in connection with the holding of the event or it is strongly advised against holding the event, regardless of whether this sovereign measure is addressed directly to the BVL or to the general public. This also includes all sovereign measures in connection with viruses, such as the coronavirus SARS-CoV-2 / COVID-19; or
b) there are factual indications that the planned implementation or continuation of the event may lead to a specific risk to life or limb or to property of considerable value, or
c) it is not possible to hold the event without disruption and without significant restrictions for exhibitors, visitors or BVL.

(3) BVL shall make this decision at its own dutiful discretion, taking into account the interests of all affected event participants (in particular exhibitors, visitors, conference participants, speakers, sponsors, etc.) and necessary safety considerations.

(4) "Force majeure" means in particular the occurrence of an event or circumstance that prevents BVL or makes it partially or completely and not only temporarily impossible for BVL to fulfill one or more of its contractual obligations under the contract, this event is beyond its reasonable control and it was not reasonably foreseeable at the time the contract was concluded. In the absence of proof to the contrary, the following events/circumstances in particular shall be presumed to constitute a case of force majeure:

Act of terrorism, sabotage; currency and trade restrictions, embargo, sanctions; lawful or unlawful official action, compliance with sovereign measures, expropriation, nationalization; plague, epidemics, pandemic, natural disasters, explosion, fire, destruction of halls and/or buildings on the event site and entrances to the event site, prolonged failure of public transport, telecommunications, information systems or energy; general labor unrest such as boycotts, strikes and lockouts, occupation of the entire event site or parts thereof and/or of halls, buildings and/or entrances, insofar as such unrest does not originate from BVL's sphere of influence.

BVL shall notify the Contractual Partner of the event without delay.

legal consequences of clause 5, advance costs

(1) If BVL cancels an event in full before it begins, it and the Contractual Partner shall be released from their contractual performance obligations.

(2) If the event is relocated, postponed or shortened before the start of the event, the contract shall be deemed to have been concluded for the new venue or period unless the Contractual Partner objects in writing to BVL without delay, but at the latest within two weeks of receipt of the notification.

(3) In the event of premature termination (cancellation, curtailment), temporary interruption or partial closure after the start of the event or in the event of a delayed start, the obligation of the Contractual Partner to participate in the part of the event not canceled and to pay the full agreed exhibition fee shall remain in force. BVL shall reimburse or credit the Contractual Partner for any expenses saved on a pro rata basis.

cancellation of an event for economic reasons

BVL reserves the right, at its reasonable discretion and taking into account the legitimate interests of the parties concerned, not to hold an event if the economic viability of the event cannot be achieved or if the number of registrations indicates that the industry overview intended by the event cannot be guaranteed. The mutual performance obligations of the contracting parties shall cease to apply in the event of cancellation. BVL shall be obliged to refund any payments already made by the Contractual Partner if the paid service has not yet been provided at the time of cancellation. Claims of the contractual partner for reimbursement of expenses already incurred for his participation in the event or for damages cannot be derived from the cancellation.

code of conduct, consideration

(1) The Contractual Partner is obliged to observe the rules and principles of the Code of Conduct of the German Logistics Association in its cooperation with BVL

(2) When carrying out any measures, the contractual partner must observe the reputable advertising principles and always take into account the non-profit nature and neutrality of the Bundesvereinigung Logistik e.V. in the advertising measures it initiates.

(3) BVL and the Contractual Partner agree to show mutual consideration with regard to the interests of the other party that are worthy of protection, in particular in the context of public relations work. They shall inform each other in good time in advance of any circumstances that may be significant for the other party.

(4) In the event of breaches of the provisions in paragraphs (1) to (3) above, BVL shall be entitled to prohibit the corresponding measures by the Contractual Partner.

exclusivity

Exclusivity rights of the contractual partner are excluded unless expressly agreed otherwise.

Part II Participation in exhibitions

stand allocation

Exhibition stands are allocated by BVL. The date of receipt of the application is not decisive. Requests by the contracting parties for the allocation of specific stands shall be taken into account as far as possible, but cannot be made a condition. The organizer or BVL may move stands and advertising boards to other locations for organizational reasons or because of the overall appearance.

multiple tenants, subletting, transfer of a stand to third parties

The Contractual Partner is not entitled to assign the space allocated to it to third parties in whole or in part, to exchange it, to sublet it or to accept it for other exhibitors without the written consent of BVL. The admission of a co-exhibitor requires a separate application and must be submitted to BVL in writing. The admission of a co-exhibitor is subject to a fee. If a co-exhibitor is accepted without consent, BVL shall be entitled to terminate the contract with the contractual partner without notice.

stand personnel/participants/guests

Stand participants must be registered using the BVL online registration form and must be named. Entitlements are not transferable. Additional persons must pay additional participation fees.

stand limitations and dimensions

Exceeding the stand limits is not permitted. BVL may demand that exhibition stands whose construction has not been approved or does not comply with the exhibition conditions be modified or removed. BVL shall be entitled to charge for any additional expenses incurred as a result. If a stand has to be closed for the same reason, the exhibitor shall not be entitled to a refund or compensation.

rental status

If the contractual partner has booked a rental stand, stand construction is guaranteed by the organizer's stand construction company. The stand construction material, including fascia lettering, is the property of the stand construction company. The walls of the rented stand may not be pasted, nailed or stapled. Any damage and special cleaning will be charged to the contractual partner. In the event of a subsequent change from a rental stand system to an own stand system (or vice versa) less than 30 days before the start of the exhibition, a processing fee of € 100 must be paid.

resignation
If the contractual partner cancels participation, a flat-rate expense allowance shall be paid. This amounts to

- up to 12 weeks before the start of the event 25%

- up to 8 weeks before the start of the event 50

- up to 6 weeks before the start of the event 75%

- and less than six weeks before the start of the event 100 % .

advertising

The contractual partner is only authorized to carry out advertising measures, in particular the distribution of brochures and samples, within the stand assigned to him. Posters, stickers or other printed advertising material displayed without permission will be removed during the event for a fee. Loudspeaker advertising, image or film presentations and show interludes require written agreement with BVL. The same applies to the use of other devices and equipment intended to achieve an increased advertising effect in a visual manner. BVL and the organizer shall be entitled to restrict or prohibit such advertising measures that cause nuisance, dirt, dust, exhaust fumes or vibrations or lead to a hazard or impairment of the event for other reasons, even after prior approval has been granted.

assembly and dismantling

The exact times for setting up and dismantling the stands will be communicated in good time and must be adhered to. Stand construction must be completed in good time before the opening of the event. Defined traffic areas must be left clear. The contractual partner undertakes to dispose of waste after the stand has been set up/dismantled. Any necessary clean-up work will be charged to the contractual partner. No stand may be cleared in whole or in part before the end of the event. BVL shall also be entitled to exclude the Contractual Partner from the next event.

10 Deposit, obligation to operate the stand

(1) BVL shall be entitled to charge a deposit of € 1,000 per stand. The deposit is due for payment after receipt of the stand confirmation, but in any case before the start of the event. Receipt of payment by BVL shall be decisive. The deposit shall be repaid immediately after the end of the event, provided that the necessary bank details are available. In the event of culpable breaches of duty by the Contractual Partner, BVL shall be entitled to retain the deposit in whole or in part.

(2) The contractual partner is obliged to operate a booked stand properly with competent personnel for the entire duration of the respective trade fair during the specified opening hours.

(3) In the event of breaches of the obligation to operate the stand, BVL shall be entitled to demand a contractual penalty amounting to 20% of the net basic rent for each day on which the obligation to operate the stand was not complied with, but at least €1,000. The contractual penalty shall be claimed if the obligation to operate the stand has not been fulfilled for more than two consecutive hours.

(4) BVL shall be entitled to offset the deposit against any contractual penalty claims.

electricity/lighting, WLAN, material requirements

A 220 V to 2.0 KW power connection is available at the stand. The costs of general lighting shall be borne by the organizer. If the Contractual Partner wishes to set up its own WLAN network, this must be agreed with BVL in advance. BVL is entitled to prohibit the operation of unauthorized wireless networks if their operation impairs the general WLAN stability.

12 Warranty, duty of care, safety

(1) BVL shall provide a warranty subject to the proviso that claims shall only arise if the limited suitability or unsuitability of the performance owed for use in accordance with the contract has not been remedied by the Contractual Partner despite two attempts by BVL to remedy the defect after a reasonable deadline has been set and the Contractual Partner has not been offered a replacement.

(2) BVL shall deploy a security service during the event, but shall not assume any duty of care for valuables, exhibits, stand furnishings and other property of the Contractual Partner.

(3) The exhibition stands shall be guarded exclusively by the security services commissioned by BVL. The Contractual Partner is not authorized to deploy its own security services.

liability

The Contractual Partner shall be liable to BVL for any damage culpably caused by it, its stand personnel, employees or agents to persons or property. BVL shall not be liable for the Contractual Partner's exhibits. Damage must be reported to BVL immediately and, if necessary, also to the police and the insurer. Compensation for damage is excluded if BVL's insurance company refuses to cover the damage due to late notification of damage by the Contractual Partner.

official regulations

Due to safety regulations, all aisles in the exhibition area must be kept clear to their full width. Stand furnishings may not extend beyond the boundaries of the stand.

Due to legal regulations, the organizer may spontaneously take measures to ensure general safety.

exhibitor/participant passes

The name badge issued to all exhibitors by the organizer must be worn for the duration of the event. Other name badges are not permitted.

sale of food and beverages/bars

The distribution of food and beverages and the serving of drinks are subject to approval, unless they are provided by local catering services.

Part III Virtual and online events

The GENERAL TERMS AND CONDITIONS OF BVL Service GmbH for the organization of virtual and online events shall also apply to virtual events, i.e. events that are held via a digital medium without the physical presence of the participants and at which the interaction between participants and exhibitors takes place exclusively using electronic means of communication (e.g. online chat), as well as to online events that are held in addition to face-to-face events.

Part IV Ad placement

Rights of the contractual partner to a specific placement of an advertisement are excluded unless expressly agreed otherwise.

Part V. Vehicle provision

Vehicles provided by the contractual partner must be roadworthy and in very good general condition. Fuel and operating materials used during the term of the contract shall not be reimbursed or replaced by BVL.

Part VI Sponsoring

(1) BVL's liability towards the sponsor shall be limited in accordance with Part I Clause 4, unless the sponsoring agreement contains a deviating provision. BVL shall not be liable beyond the provision of the services owed under the contract for the achievement of the purposes and communicative objectives pursued by the sponsor, unless BVL has culpably frustrated or impeded their achievement by breaching material contractual obligations.

(2) If an event is canceled in accordance with Part I Clause 5 prior to its commencement, the services commissioned and/or rendered by BVL up to that point for the performance of sponsorship agreements (e.g. printing costs) shall be reimbursed by the Contractual Partner insofar as cancellation or other use is not possible for BVL. Services already received shall not be reciprocally refunded.

This also applies to other cancellations of sponsored events declared by BVL, for example due to a lack of sufficient registrations / participation. This does not apply if BVL is solely responsible for the reasons that led to the event being canceled.

(3) If the sponsorship agreement does not contain any provisions to the contrary, BVL shall also be entitled to name the sponsor together with its brand and logo in the pages operated by BVL in social networks and to advertise events with it.

Part VII Final provisions

data protection

BVL processes personal data on the basis of the GDPR and the BDSG. The legal basis for processing is in particular Art. 6 para. 1 lit. b GDPR, processing for the purposes of contract fulfillment and for pre-contractual measures. For this purpose, data is also passed on to BVL service partners. Information on data processing and your rights under the GDPR can be found at https://www.bvl.de/impressum/datenschutzerklaerung.

severability clause

Should one or more provisions of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.

3 Applicable law, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between BVL and the Contractual Partner to the exclusion of all international legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.

(2) If the Contractual Partner is a merchant, Bremen shall be the exclusive place of jurisdiction. However, BVL shall also be entitled to bring an action at the general place of jurisdiction of the Contractual Partner.

Status: August 2024