General Terms of Participation Performance Days

 

1. Application

All potential exhibitors wishing to take part in the Performance Days functional fabrics roadshow (hereinafter referred to as “Roadshow”) must express their wish to do so by fully completing and signing the application form and submitting it to Design & Development GmbH Textile Consult (hereinafter referred to as “D&D”) by the particular application deadline. With the application, exhibitors express to D&D their serious interest in taking part in the event as exhibitors. All exhibits must be described precisely in the application form. Co-exhibitors and additionally represented companies must be named in the application form, specifying the same particulars as for the exhibitor. Incomplete applications cannot be considered.

2. Admission

The exhibitor accepts that these General Terms of Participation are legally binding as soon as an application form has been submitted. In the event D&D admits the exhibitor to the Roadshow, D&D sends an order confirmation via email. The contract for the participation takes effect only then.

Exhibitors do not have a legal claim to admission unless such a claim exists by law. Exhibitors who have not fulfilled their financial obligations vis-à-vis D&D in respect of previous events, or have infringed these General Terms of Participation, may be excluded from admission.

D&D is entitled to withdraw from the contract or to terminate the contractual relationship without notice if admission was based on incorrect or incomplete statements by the exhibitor, or if, at a later date, the exhibitor no longer fulfils the conditions for admission.

Co-exhibitors may not be admitted, nor additional organisations represented, unless expressly specified in the order confirmation.

3. Stand, Positioning

D&D positions the stands in equitable discretion. D&D reserves the right to deviate from the type, size, and location of the exhibition area desired by the exhibitor, to exclude certain exhibits from admission, and to impose conditions on the admission. The exhibitor’s reservations, conditions, and particular wishes (e.g. regarding location, exclusion of competitors, stand construction or design) will be taken into account only if expressly confirmed in the order confirmation.

The stand will be allocated according to D&D’s requirements and the prevailing conditions, and in accordance with the classification system for the Roadshow as applied by D&D at its own discretion, and not according to the order in which applications are received.

The allocation of the other stands, in particular of neighbouring stands, can change until the time the trade fair opens. D&D is also entitled to relocate or close entrances to and exits from the trade fair grounds and halls, and to make other structural alterations. Exhibitors cannot make claims against D&D because of such changes.

D&D may subsequently, also after a warranty in the order confirmation, change space allocations, and in particular change the location, type, dimensions and size of the exhibition area given to the exhibitor, insofar as this is necessary for reasons of safety or public order, or because the Roadshow fair is oversubscribed and further exhibitors must be admitted or because changes in assignments of exhibition space ensure that the facilities and space required for the trade fair are used more efficiently. However, such subsequent changes may not exceed the scope which the exhibitor can reasonably be expected to accept. Should such subsequent changes result in a lower participation fee, the difference in amount will be refunded to the exhibitor. Further claims against D&D are excluded.

If exhibitors cannot use their stand space or are prevented from making full use of same because they have infringed legal or official regulations or the Terms of Participation, they are nevertheless obliged to pay the participation fee in full and to pay compensation to D&D for all damage caused by themselves, their legal representatives or employees; exhibitors are not entitled to cancel or terminate the contract unless the respective law specifically entitles them to do so.

Only such items which have been declared and admitted may be exhibited. D&D has the right to remove any other exhibits at the exhibitor’s risk and expense.

4 Liability

D&D is not liable for damage to life, personal injury, goods, property or any other damages in correspondence with the Roadshow, especially not for damages in the exhibition areas and concerning the transfers, flights or hotel bookings organised by D&D.

D&D´s liability for personal injury (damage arising from injury to life, body or health) caused by an ordinary negligence of D&D or by a culpable negligence or with intent of one of its legal representatives or employees and the liability for other damages caused by culpable negligence or with intent of D&D or one of its legal representatives or employees remains unaffected.

For his part, the exhibitor is liable for any culpable damage to persons or property caused by him, his employees, representatives and exhibitors and their exhibition items or exhibition installations and equipment. Each exhibitor is obliged to conclude a corresponding insurance contract with an insurance company as is licensed to operate in the European Union and to pay the premiums incurred (including insurance tax) in good time.

5. Notice of defect

Complaints about any defects in the stand or exhibition area are to be made in writing to D&D immediately on occupying the exhibition area, but by the last day of the particular stand set-up period at the latest, so that D&D can remedy such defects. Later complaints cannot be considered and cannot give rise to claims against D&D.

6. Force majeure, cancellation of the event

If D&D is compelled, as a result of force majeure or other circumstances beyond its control, to vacate one or more exhibition areas temporarily or for longer periods, or to postpone or curtail the Roadshow, the exhibitors do not thereby acquire the right to withdraw or cancel, nor do they have any other claims against D&D, in particular claims for damages.

If D&D cancels the Roadshow or parts of the Roadshow because it cannot hold the event as a result of force majeure or other circumstances beyond its control, or because it has become unreasonable for D&D to hold the Roadshow or parts of the Roadshow, D&D is not liable for damages and disadvantages to exhibitors arising from the cancellation of the Roadshow or parts of the Roadshow.

7. Photography, filming and video recording

Only persons authorised by D&D and in possession of a valid D&D pass may film, photograph, or make sketches or video recordings in the exhibition halls. Under no circumstances may photographic or other images or recordings be made of other exhibitors’ stands. If this rule is infringed, D&D can demand that the recorded material be surrendered and take legal steps to achieve this end. Photographs of stands, which are to be taken outside normal opening hours and need special lighting, require D&D´s prior consent.

D&D is entitled to have photographs, drawings, films and video recordings made of events at the Roadshow, of stands and exhibits, and to use them for advertising or general press publications.

8. Catering, deliveries to stands

The caterers appointed by D&D are responsible for all catering within the trade fair grounds. Deliveries of beer or other beverages may be made only by companies contracted to D&D. Only a limited number of deliveries may be made to the exhibition stands. D&D is entitled to permit deliveries to stands only at certain times.

9. Combating brand and product piracy

Exhibitors are obliged to respect the property rights to which third parties are entitled. In cases where it is proved to exhibitors in a proper and orderly way that their exhibiting or offering of products or services and/or their promotional presentation or some other activity infringes the property rights to which a third party is entitled, the exhibitor is obliged in advance to remove the items concerned from the stand.

If an exhibitor has been prohibited from exhibiting or offering products or services and/or promotionally presenting them by way of a decision handed down by a German court and the given exhibitor refuses to comply with the court decision to refrain from exhibiting or offering products or services and/or promotionally presenting them on his exhibition stand, D&D is entitled to exclude the given exhibitor from the event concerned and or future events providing the court decision has not been superseded by a decision passed subsequently by way of appeal proceedings. In such cases, no refund of the stand rental (in part or in full) is made.

D&D is not obliged to check the correctness of the court decision. Exclusion of the exhibitor affected by the court decision cannot be legally asserted. If the court decision, by way of which exclusion of the exhibitor has occurred, is superseded by a court decision passed subsequently by way of appeal proceedings, the exhibitor, who had been correctly excluded on the basis of the previous court decision, is not entitled to claim compensation from D&D.

10. Roadshow passes

For the period of the Roadshow the exhibitors obtains a number of free a number of free Roadshow passes as specified in the order confirmation. All Roadshow passes are not transferable. Roadshow passes may not be given away or sold to unauthorised third parties, e.g. to persons or companies wishing to offer goods for sale or to render services at the trade fair centre without corresponding authorisation from D&D. Roadshow passes are issued only after payment of the participation fee in full.

11. Set-up, staffing and dismantling of stand

The dates for stand set-up and dismantling as specified in the Special Terms of Participation (“Exhibitor-Information”) must be strictly observed. Stands not occupied by the last day of the setup period may be disposed of as D&D sees fit.

Exhibitors admitted to the fair undertake to participate in the Roadshow. The stand must be properly equipped and staffed by qualified personnel throughout the Roadshow during the prescribed opening hours. Particular attention should be paid to ensuring that the stand is already fully staffed when the Roadshow opens. Exhibitors are not permitted to remove trade fair goods or dismantle their stands before the Roadshow closes. If they break this rule, D&D is entitled to demand a penalty of 1.000 EUR.

D&D is entitled to exclude from future Roadshows any exhibitor whose stand is staffed by insufficiently qualified personnel during the Roadshow´s opening hours, who exhibits an incomplete range of goods or goods not admitted to the Roadshow, who vacates or clears his stand before the end of the Roadshow, or who otherwise infringes the Terms of Participation, without prejudice to D&D’s right to cancel the contract and to a claim for all costs thereby incurred.

12. Verbal agreements

All verbal agreements, individual and special arrangements are valid only with D&D´s written confirmation.

13. Local regulations

Exhibitors must strictly observe the regulations governing the use of the particular place of issue and its grounds. Exhibitors are not permitted to spend the night in the halls or on the grounds. Exhibitors must treat the other participants at the event with respect, may not act contrary to public moral policy and may not misuse their participation at the event for ideological, political or other such purposes as have nothing to do with the event.

14. Period of limitation

All the exhibitor’s claims against D&D arising from the stand rental, and all legal proceedings in connection therewith lapse after a period of six months. This period of limitation starts at the end of the month in which the closing date of the Roadshow takes place.

15. Applicable law, Jurisdiction

This contract shall be governed by the laws of Germany (excluding the Convention on Contracts for the International Sale of Goods).

Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Munich, Germany.

16. Miscellaneous

Any amendments or additions to, or the bilateral termination of, this agreement must be in writing. This also includes the written form clause. Notices and any other declarations of the parties delivered via facsimile or e-mail shall satisfy the writing requirement.

In the event that any provision of these General Terms shall be or become invalid, the invalidity of the remaining provisions shall not be affected. A statutorily permissible provision shall be inserted in place of the invalid provision which commercially most closely reflects the purpose of the invalid provision.

In case of divergence between the English and the German text, the German one prevails.