(A) General Terms and Conditions for Attendees
§ 1 Area of application
(1) The following conditions of participation apply to all legal transactions of we.CONECT Global Leaders GmbH, Reichenberger Str. 124, 10999 Berlin (“we”) with our contractual partner (“you”) who participates in our events and uses our products.
(2) The following terms shall apply within the scope of these GTC:
is the right to participate in our event
is the person who, not for himself but for the participant procures the right to participate.
§2 Conclusion of the contract
(1) Our offers are generally non-binding and subject to change.
(2) By transmitting your declaration of participation by post, fax, e-mail, via our booking system on our website or by verbal agreement, you submit a binding offer for the conclusion of the contract.
(3) A contract with we.CONECT Global Leaders GmbH is concluded when we accept your offer.
(4) The purchaser of the right to participate who is not himself a participant (i.e. who does not acquire or order the right to participate exclusively for himself) shall be responsible for ensuring that the participant who receives the right to participate from him is aware of these General Terms and Conditions and accepts them. Only the person named on the eligibility form can be a participant. The transferability of the right to participate from the participant as a contractual partner to another person is governed by § 5.
§ 3 Subject of the contract
(1) We can change individual components of an event if this is necessary and thus not essential parts of the event are changed. There is then no claim to a reduction or reimbursement of the admission price if the change is not substantial and is reasonable under the circumstances of the individual case.
(2) Insofar as lectures, workshops, exhibitions, evening events etc. are the subject matter of the contract, we owe a proper selection of speakers and speakers or exhibitors, but we are not responsible for their content, for the way they are presented and for their claims.
(3) We can replace individual speakers and speakers with other comparable speakers and speakers, as long as this is reasonable for the participant and the purpose of the event and its contents are not significantly changed.
(4) We are entitled to send you information about the event using the means of communication you have specified.
(5) We shall also be entitled to produce photo and video recordings on site. The details will be communicated to you on site via our data protection information, you can also request this in advance.
(6) Domestic authority is incumbent on us.
§ 4 Participation fees
(1) If a participation fee is charged for the respective event, it results from our price information or offers on the respective event website.
(2) All invoices shall be made out in euro. If payment is made in foreign currencies or means of payment, exchange rate differences and bank charges shall be borne by you.
(3) All payments, insofar as participation fees or other costs are charged, are due and payable within a period of 10 working days from the date of booking, immediately after the invoice is issued, without any deductions, unless a different term of payment has been expressly agreed.
(4) The prices are inclusive of the legally owed value added tax.
(5) If you do not make use of individual services through no fault of our own, the agreed participation fees and any additional agreed fees and costs (e.g. flat-rate conference fees) shall nevertheless become due, unless otherwise agreed.
§ 5 Eligibility, redemption/exchange
(1) Eligibility to participate will be sent to the address provided by you or the purchaser, provided that postal or e-mail delivery is offered and selected as the delivery method.
(2) The tickets are personalised. Only the person whose name is shown on the ticket is entitled to participate.
(3) It is not possible to withdraw or exchange participation rights.
§ 6 General conditions of participation
The hygiene rules and official regulations in force at the venue at the time of the event shall apply. It is a condition of eligibility for admission that the participant is able to fully comply with these hygiene rules and requirements during his stay at the event location.
You can find the hygiene rules and requirements on our website or we will gladly send them to you on request.
(2) Arrival, entry requirements:
You yourself are responsible for the timely arrival, for the return journey and for compliance with any entry requirements and their timely preparation (e.g. obtaining any necessary documents).
(3) General prohibitions:
You are forbidden,
- disrupt the course of the event
- to smoke in buildings outside the designated smoking areas
- to commit or assist in committing or inciting criminal offences, acts contrary to the regulations or generally to be condemned,
- to smear, damage or remove equipment and installations,
- to contaminate the event premises,
- under the influence of alcohol or other narcotics or antidepressants or psychotropic drugs
- to advertise of any kind or to distribute leaflets or other materials, unless this has been expressly permitted by the organiser in writing in advance,
- to use the visit of the event for political, religious or offensive expression of opinion or to incite it,
- to photograph, film or otherwise record the event in whole or in part or persons, unless this has been expressly permitted in writing by the organiser beforehand
In case of violation we can expel you from the event. In this case you are not entitled to a refund of the attendance fees and other costs (e.g. conference flat rate). Our right to claim damages remains unaffected.
§ 7 Copyright
(1) The files handed over to you (presentations, handouts, etc.) are subject to the copyright law even if in individual cases they have not reached the required level of creativity. You may only use the documents and files for private use and within the framework of the permissions of the copyright law.
(2) Photo, video and sound recordings during the event by you are permitted to a reasonable extent.
§ 8 Termination of the contract by us
We may terminate the contract or deny you access to the event if the agreed participation fee or other due third-party and third-party costs are not paid or not paid in full at the latest before the start of the event. Conversely, however, we retain the right to payment of the participation fees and costs.
§ 9 Force majeure / Acts of God
(1) In the event of force majeure which leads to a cancellation or interruption of the contract or the event or individual contractual services, we can demand that you reimburse or reimburse the costs incurred and services provided up to that point on a pro rata basis, but no more than 5% of the participant fees. This also applies if one of our service providers or service providers (e.g. the event location) is unable to provide its services to us due to force majeure. Claims for damages against us do not exist.
(2) Official, police or court orders to discontinue or abort operations correspond to the force majeure in paragraph 1, unless we have culpably caused this order.
(3) It is deemed to be agreed that force majeure within the meaning of paragraph 1 shall also include a recommendation by a state (federal, state, ministries, authorities) not to hold the event (e.g. due to a pandemic spread of a virus or a terrorism warning).
(4) It is rebuttably presumed that we can invoke force majeure within the meaning of paragraph 1 if comparable events are cancelled or do not take place at the same time in the same or a neighbouring federal state in which the event takes place. It is also refutably presumed that we cannot invoke force majeure if comparable events take place at the same time in the same or adjacent federal state in which the event takes place.
(5) If a not inconsiderable number of participants cancel their participation or attendance at the event due to an extraordinary event, and if the formative character of the event is thereby lost, the organiser is entitled to cancel the event with the legal consequence of paragraph 1. If the cancellation is mainly due to a not inconsiderable cancellation by exhibitors or other service providers, we can invoke force majeure in accordance with paragraph 1, but in this case we have no proportional claim against the participant.
(6) It shall be deemed to be agreed that force majeure shall also be deemed to exist if the implementation of the event is economically unreasonable for us due to increased requirements of the authorities, insofar as we are not responsible for these. In this case, we can invoke force majeure in accordance with paragraph 1, but we have no proportional claim against the participant.
(7) If a participant is refused entry or further participation in the event, and if this refusal is based on an official requirement that persons with symptoms of illness may not participate, this circumstance shall be deemed to be force majeure within the meaning of paragraph 1. If you claim the presence of symptoms of illness on site or without appearance, we may demand the presentation of a medical certificate stating that participation would not be possible due to an official requirement.
(8) As a milder remedy prior to cancellation of the entire event as a live event due to force majeure, we are entitled but not obliged to carry out the event digitally in whole or in part. If this results in less content being provided than contractually owed, the participation fees shall be adjusted accordingly. In addition, the participant shall not be entitled to claim damages from us in the event of a relocation to the digital area due to force majeure.
(9) If the event is announced from the outset as a so-called hybrid event (i.e. the event is held digitally, but a presence of the participant on site is also possible), and if the event must or can only be held digitally due to force majeure, the participant shall have no claims for reimbursement or damages against us.
(10) We can also cancel the event for reasons of reverence or offer you an alternative date. Piety reasons are given if a mourning flag has been or is being ordered or is about to be waved at least in the region of the event location, or if a serious accident or mishap occurs within 24 hours before the start of the event and is reported in the majority of the media in the region of the event location, or if the incident occurred more than 24 hours ago but is still covered by the majority of the media through special broadcasts, or if comparable events are cancelled due to the same incident. In this case, we will refund any participation fees already paid, excluding any advance booking fees, claims for damages are excluded.
§ 10 Cancellation by you
(1) If you wish to cancel the contract for a reason for which we are not responsible and which is not due to force majeure (“cancellation”), this is generally possible after consultation with us; we may not refuse to cancel the contract contrary to good faith. In the event of a cancellation of the contract by mutual consent, we may, in view of the fact that experience has shown that in the event of cancellation at short notice we are no longer able to allocate the free places elsewhere and that we may not be able to cancel even our representatives or speakers free of charge, claim costs and fees etc. in accordance with the following provisions, unless we agree otherwise with you.
We can either claim the specifically agreed costs minus saved expenses or settle our costs and our lost profit with a lump sum. In this case the following flat rates shall apply:
- 14 days from the booking date: 100% of the participation fee
- up to 10 weeks before the start of the event: 50 % of the participation fee
- After that or in case of no-show: 100 % of the participation fee
If you rebook to a different date and we agree to this rebooking, the conclusion of the contract that led to the first date that was rebooked remains decisive for the calculation of the aforementioned deadlines; i.e. that the cancellation deadlines are not extended by a rebooking or start anew.
If you can prove that we only incurred a lower loss than the cancellation fee or no loss at all, you only have to pay the lower amount or, if no loss was incurred, no cancellation fee.
(2) Insofar as we pay a flat rate per participant for gastronomy/catering etc. to the event location rented by us, we shall be entitled to charge a flat rate of (conference flat rate, catering flat rate), you are obliged to reimburse this flat rate or the cancellation costs incurred there in the event of cancellation. This applies accordingly to other external costs incurred by third parties in anticipation of the execution of the contract.
(3) In the event of cancellation, you can provide a replacement participant in order to avoid cancellation costs, provided that he or she fulfils the admission criteria and is confirmed by us and the event has not yet begun.
§ 11 Data protection
We refer to our data protection information, which you can view in connection with the registration and also request from us at any time.
§ 12 Our liability
(1) Breaches of duty that lead to property damage or financial losses:
- In the case of only slightly negligent breaches of duty, our liability shall be limited to the average damage foreseeable and typical for the type of contract.
- We shall not be liable in the event of only slightly negligent breach of insignificant contractual obligations. “Insignificant” are such obligations whose fulfilment does not characterise the contract and on which you may not rely.
- Indirect damages and consequential damages resulting from defects of the subject matter of the contract are only eligible for compensation if such damages are typically to be expected when the subject matter of the contract is used as intended.
- The limitations of liability of this paragraph 1 do not apply to grossly negligent or intentional breach of duty.
(2) Breaches of duty that lead to injury to life, body or health:
We are liable for any kind of negligence and intent in the event of injury to life, body or health attributable to us.
(3) Mandatory legal liability:
The limitations of liability in paragraph 1 do not affect your claims from product liability and from legally binding liability facts.
(4) Extension of this clause to employees, organs, vicarious agents, etc.:
The limitations of liability in paragraph 1 shall apply to the same extent in favour of our organs, our employees and other vicarious agents and our subcontractors.
§ 13 Place of jurisdiction and choice of law
(1) Place of jurisdiction:
Our registered office is agreed as place of jurisdiction if you are a merchant or have no general place of jurisdiction in the Federal Republic of Germany. In this case, however, we are also entitled to sue at your place of business.
(2) Choice of law:
If you are an entrepreneur (§ 14 BGB, German Civil Code), the following applies: German law applies.
If you are a consumer (§ 13 BGB, German civil code), the following shall apply: These General Terms and Conditions and the contractual relationship with you shall be governed by the law of the Federal Republic of Germany to the exclusion of material EU law. However, the statutory provisions restricting the choice of law remain unaffected. In particular, on the basis of Article 6 paragraph 2 of Regulation (EC) No. 593/2008, (so-called “Rome I Regulation”), the following shall apply in its territorial scope of application: If the law of the country in which you have your habitual residence at the time of the conclusion of the contract (hereinafter referred to as the “law of domicile”) contains provisions for your protection from which, according to the law of domicile, you may not deviate by agreement, the (more favourable) provisions of your law of domicile shall apply to you. You therefore always enjoy the protection of the mandatory provisions of your right of residence despite the choice of law pursuant to sentence.
(B) General Terms and Conditions for Sponsors/Business Partners
§ 1 Services and obligations of the organizer
(1) The Organizer shall grant the Partner the individually agreed advertising measures – this includes all corporate communication measures and services, which the Partner is permitted to and provided in connection with the event.
(2) The Organizer may conclude sponsoring agreements with other partners/sponsors, even from the same industry, or may use or commission their services for the event.
(3) Shortly after the event, the Organizer shall provide the Partner with brief information on the services provided.
(4) The organizer can make changes to the content, place, time and sequences of the event, provided that these changes are insignificant and reasonable for the Partner to achieve the purpose of the contract.
§ 2 Services and obligations of the partner
(1) In return, the Partner shall pay to the Organizer the agreed lump sum plus the statutory value added tax. Any payment dates will be agreed separately, unless otherwise agreed, the amounts are payable 10 days after the invoice is issued.
(2) The Partner shall otherwise comply with the provisions of this Agreement.
(3) If the Partner has the right to set up or operate a stand, the General Terms and Conditions of the Organizer for Exhibitors shall apply accordingly.
§ 3 Use of trademarks, labels, copyrights etc.
(1) Both contractual partners guarantee that the respective other contractual partner may publicly use names, works, titles, labels and trademarks (hereinafter only: labels) for the purpose of implementing the contract and that the respective other contractual partner receives a simple right of use for this purpose.
Both contracting parties shall provide each other free of charge with the rights to the trademarks necessary for this purpose in order to carry out the event and implement the services and responsibilities and shall guarantee that these rights are free of third-party rights.
Through the contractual use of a trademark, the contracting party using it does not acquire any further rights to it over and above those in this contract..
Both contractual partners also undertake not to register or have registered the existing trademark in other countries or to use it or have it used in any other way to generate rights there. Both contracting parties undertake not to attack or have attacked already existing industrial property rights or trademark rights of the respective other party.
(2) Insofar as the contracting parties jointly acquire rights to a label in the future, the above paragraph 1 shall apply mutatis mutandis subject to the proviso that both contracting parties are equal rights holders.
Both contractual partners also undertake, even after conclusion of the contract, not to register or have registered the existing trademarks in Germany or in other countries or to use or have used them in any other way to generate rights there. The registration can be made jointly or by separate agreement.
(3) Insofar as the contractual partners or holders of rights make certain demands on their labels from a legal point of view or from the point of view of Company C.I., the other contractual partner must be informed in advance.
(4) The pledging of the license rights in this contract is excluded.
(5) Documents, graphics, lists, drawings and sketches and other items produced by the contractual partner shall remain his property, insofar as the transfer of ownership is not the subject of the contract.
(6) Indemnification obligation:
The Partner shall be obliged to indemnify the Organizer against any claims by third parties and costs arising from claims by third parties, insofar as the claim is based on a breach by the Partner of one of the regulations agreed here, agreements from an individual order, from a later agreement, or against a statutory or other regulation, or any other illegal behaviour. This obligation to indemnify shall continue to apply within the framework of the statutory limitation period even after the end of the contract if the claim is only made after the end of the contract. This shall also apply if the contract has been prematurely terminated by force majeure or other events.
(7) 3 applies to advertising measures of any kind agreed pursuant to § 1, as well as to the presence of the Partner at the live event (whether physical or digital), as well as to any digital implementation of the event. See also § 4 paragraph 10.
§ 4 If agreed: stand location, presentation, visibility
(1) The organizer can allocate spaces to the exhibitors at his own discretion; a claim to a specific space exists only if this has been expressly agreed in writing.
(2) The provision of a stand is subject to the condition that the exhibition stand, its contents, the goods presented there, the type of presentation and the personnel do not bother third parties, in particular do not disturb other exhibitors and are contrary to the purpose of the event.
(3) The Organizer may relocate the allocated stand area, unless a fixed agreement has been made, provided that the relocation is reasonable for the Partner and does not impair the purpose of the contract.
(4) A transfer of the space allocated to you to third parties by the Partner itself is only permitted with the prior, express, written consent of the Organizer. The Partner is responsible for ensuring that the third party acknowledges and complies with these conditions. Any consent by the organizer shall only release the partner from the rights and obligations mentioned here if both parties have expressly agreed to this in writing.
(5) The areas provided must be kept clean and tidy during the event. The stand must be manned by qualified personnel during the event. The Partner is solely responsible for the safety of the stand operation.
(6) Advertising outside the stand is only permitted with the prior explicit and written consent of the organizer.
(7) The organizer will not guard the stand. The Partner is recommended to ensure sufficient security and insurance.
(8) In addition, the provisions of the local operator of the event location shall apply, which the organizer shall send to the Partner on request.
If, at the time of the event, there are regulations or requirements for hygiene and control of the Sars-CoV-2 pandemic or other pandemics/epidemics in the federal state, municipality or city in which the event takes place, these regulations or requirements always take precedence and must be observed without restriction.
Violation of the hygiene rules will result in exclusion from the event. .
The partner is responsible for ensuring that their employees or assistants working on site are fully informed and instructed about the hygiene rules.
Insofar as the hygiene rules or conditions stipulate that persons with symptoms of illness are not admitted to the event, this also applies to employees or assistants of the Partner. The partner guarantees to obtain any information necessary for the implementation of the hygiene rules from their employees and assistants (e.g. the inquiry whether there was contact with persons infected with Sars-CoV-2).
(10) Hybrid or digital events:
If the event takes place in whole or in part in digital form and the Partner is given the opportunity to present itself in digital form, the Partner shall be responsible for granting the organizer the necessary rights for any contractual use by the organizer. This shall also apply if personal rights or personal data of employees or assistants of the Partner are affected. Otherwise § 3 applies accordingly.
§ 4 Contents of the activities
(1) Both contractual partners are responsible for ensuring that their own actions/statements
- contain no political, discriminatory, racist, extremist or otherwise immoral statements, insinuations or representations;
- do not contain any statements, insinuations or representations that are incompatible with basic democratic values and/or the Basic Law of the Federal Republic of Germany and/or have a negative impact on the peaceful coexistence of people in country where the event takes place;
- do not contain any statements, insinuations or representations which impair the positive image of the respective other contractual partner.
(2) The contracting parties shall inform each other immediately as soon as they disagree with the actions, measures, marketing activities etc. of the other party or fear infringements.
(3) The contractual partners shall disclose their plans and activities with regard to the execution of the contract at any time upon request and support each other in maintaining the positive image.
§ 5 Exchange of information
In the event of an accident or damage event that attracts the attention of the press, the contracting parties shall coordinate and cooperate before making statements to the press.
§ 6 Confidentiality
(1) The parties to the contract agree to maintain absolute mutual silence about business and trade secrets beyond the end of the contract.
(2) Business and trade secrets are understood to be all facts, circumstances and processes relating to an undertaking, which are not public knowledge but are only accessible to a limited circle of persons and in the non-disclosure of which the legal entity has a legitimate interest. Trade secrets essentially comprise technical knowledge, while business secrets primarily concern commercial knowledge.
(3) Both contracting parties undertake to maintain secrecy towards third parties regarding the amount of payments and the content of this contract. This shall continue to apply even after the end of the contract.
§ 7 Data Protection
(1) Employees or subcontractors of the partner: Use of data / disclosure of our data protection information:
The Partner is obliged to pass on the data protection information provided by the Organizer as contractual partner to the responsible persons and contact persons to be named by the Partner, so that they are also informed about the data processing procedures and data protection measures carried out by us in connection with the contract.
(2) Other agreements relevant to data protection:
Insofar as necessary, the contractual partners will also conclude corresponding agreements under data protection law after conclusion of the contract, which are based on the EU Data Protection Basic Regulation (GDPR) (e.g. a contract on joint responsibility in accordance with Article 26 GDPR or an order processing contract in accordance with Article 28 GDPR).
§ 8 Liability
(1) The organizer does not guarantee that advertising success will occur with the partner. In particular, the organizer does not guarantee that there will actually be enough visitors to the event.
(2) Both contracting parties exclude their liability for material and financial damages caused by slight negligence, which he causes to the other contracting party. Not excluded are claims of third parties.
§ 9 Force majeure and (partial) non-performance of the event
(1) In the event of force majeure, which leads to a cancellation, interruption or interruption of the supported event, there will be no reversal of any services already exchanged and both contractual partners will lose any outstanding claims for services (claim for payment, claim for advertising or implementation of the event) against the other. Claims for damages do not arise.
This does not apply if the service already rendered by one contractual partner without a compensatory service from the other contractual partner would lead to an unreasonable disadvantage for the (already pre-)performing contractual partner or to an advantage for the other contractual partner against good faith (e.g. if the organizer has already rendered advertising measures in favour of the partner but the partner has not yet made any payments; or if the partner has already made payments but the organizer has not yet initiated any advertising measures). In this respect, it is agreed that the services mentioned in § 1 are divisible.
(2) Official, police or court orders to suspend or terminate the contract shall be equivalent to the force majeure in paragraph 1, unless one of the contracting parties has culpably caused this order.
(3) It is deemed to be agreed that force majeure within the meaning of paragraph 1 shall also include a recommendation by a state (federal, state, ministries, authorities) not to hold the event (e.g. due to a pandemic spread of a virus or a terrorism warning).
(4) It shall be deemed to be agreed that force majeure shall also be deemed to exist if the organizer cannot reasonably be expected to carry out the event on account of increased requirements imposed by the authorities, insofar as he is not responsible for such requirements. In this case he may invoke force majeure in accordance with paragraph
(5) It shall be refutably presumed that the organizer can invoke force majeure within the meaning of paragraph 1 if comparable events are cancelled or do not take place at the same time in the same or adjacent federal state in which the event takes place. It is also refutably presumed that the organizer cannot invoke force majeure if comparable events take place at the same time in the same or adjacent federal state in which the event takes place.
(6) For the purpose of protecting the health of the employees of both parties, but also of the participants and contributors, it is agreed that force majeure in accordance with paragraph 1 shall also apply if a person shows such symptoms of illness that, according to the specifications of local authorities (for example the Robert Koch Institute in Germany) or a state authority, lead to mandatory or recommended exclusion from the event and if this person cannot reasonably be replaced by another person (e.g. event manager or project manager).
(7) Insofar as a not inconsiderable number of participants, exhibitors or other parties involved cancel their participation or presence at the event due to an extraordinary event, and the formative character of the event is thereby lost, the organizer is entitled to cancel the event with the legal consequence of paragraph
(8) It shall be deemed to be agreed that the reason for refusal “reverence” shall also be deemed to be force majeure within the meaning of paragraph 1. For reasons of piety, the organizer may cancel the event if the staging of the event and/or the continuation of advertising for the event and/or individual advertising measures would be perceived by the public as being without piety; an indication of impiety is deemed to be, for example, if a serious accident or serious incident has occurred in the region where the event takes place, which leads to special broadcasts on TV or radio, or a funeral flag has been ordered, or other events in the region are cancelled for the same reason. An indication for this is also the knowledge, if both contracting parties would not have closed the contract in knowledge of the incident or would not have bound themselves in such a contract in knowledge of the incident.
§ 10 Termination of contract
(1) This contract only applies to the contractual event and ends when the event has been completely settled between the contractual partners. The right to ordinary termination of this contract is excluded, unless otherwise agreed in paragraph 2.
(2) The organizer can terminate the contract without giving reasons if the event in question is cancelled or is not or cannot/may not be carried out by the organizer. The fault of the organizer is not relevant.
(3) Either contracting party may terminate the contract if the other contracting party acts contrary to the purpose or in violation of the contract or if the act or omission to prevent an attributable act impairs the image of the other party or would cause serious damage to it or if it becomes known that the event or the support would be misused for purposes other than those stipulated in the contract.
(4) If no contractual partner is at fault for the termination, the regulation on force majeure shall apply accordingly. If a contractual partner has culpably caused the termination, he loses his claim to performance against the other party, but remains obliged to perform the agreed service himself, for the terminating contractual partner he is optionally obliged to pay damages instead of performance. A termination in accordance with paragraph 2 is not considered to be culpably caused if the reasons for termination are event-related (lack of exhibitors, lack of reporting, date conflicts, financial difficulties with the implementation, and are not contrary to good faith (e.g. in order to be able to enter into an exclusive partnership with another partner in parallel)..
(5) Either party may terminate the contract for good cause. An important reason exists, for example, if
- The other contracting party violates contractual or legal provisions and does not immediately cease its illegal conduct despite a warning;
- the other contracting party ceases all or a substantial part of its business activities or insolvency proceedings are applied for or opened over its assets;
- there is a change in the shareholders of one contractual partner who hold more than 50% of the capital shares and the interests of the other contractual partner are thereby affected more than only insignificantly.
(6) Consequences of termination for the rights:
- Both contractual partners can also advertise after the end of the contract that they were involved as partners in the events that took place during the contract period.
- Both contractual partners may continue to use the rights under § 3 after the end of the contract to an appropriate extent in relation to the duration of the contract, the significance of the services of the using contractual partner in the execution of the contract and the reason for the termination. The contractual partner shall be responsible for ensuring that the rights are not used in a businesslike manner to the extent that the targeted public might believe that the contractual partner using the rights is the sole owner of the rights. The other contractual partner may prohibit this use for an important reason, e.g. if the contract has been prematurely terminated due to a culpable and substantial breach of duty by the using contractual partner.
- Both contractual partners grant the other contractual partner the right to use the name, designation and logo of the other contractual partner for post-contractual public relations and advertising to an appropriate extent and for the purpose of letter a. or b. respectively. With regard to the passage of time, it is agreed that in case of doubt, the standards of the “contemporary historical event” shall apply in accordance with § 23 (1) No. 1 of the Art Copyright Act, so that the intensity of the use is to be reduced to the extent that the public’s interest in the events and the publications on them declines in the targeted public. The burden of proof lies with the party invoking the greater extent of use.
The Partner may assign claims from the contractual relationship to third parties with the prior express consent of the Organizer only.
(2) Place of jurisdiction:
The place of jurisdiction for all claims arising from the contractual relationship is the business location of the organizer. He is also entitled to choose the place of jurisdiction at the place of business of the Partner.
(3) Choice of law:
German law applies.
(4) Maintenance of validity:
Both parties to the contract are obliged, if individual or several regulations are ineffective, void or unenforceable for reasons other than the regulations concerning the law of the General Terms and Conditions of Business according to §§ 305 to 310 BGB (German Civil Code) or if a gap in the regulations that needs to be filled arises, to replace it with an effective regulation or to fill the gap, which corresponds in its legal and economic content to the ineffective/void/unenforceable regulation and the purpose of the contract. § 139 BGB (German Civil Code) (partial invalidity) is expressly excluded. If the invalidity of a provision is based on a measure of performance or time (deadline or period) specified in it, this provision shall be agreed to a legally permissible measure that comes closest to the original measure.
Status of these conditions of participation: June 2020.