Terms and Conditions
General Terms and Conditions of D+S Automotive GmbH
Terms and Conditions
Effective from 28.08.2023
§1 – Scope
- The following General Terms and Conditions apply to the planning and execution of events by D+S Automotive GmbH – hereinafter referred to as the “Organizer” – at the company’s premises and in external event spaces for interested companies – hereinafter referred to as “Exhibitors” – and also for interested attendees of the events – hereinafter referred to as “Participants.”
- The Organizer operates exclusively based on its own terms and conditions. The Organizer does not recognize opposing or deviating general terms and conditions of the Exhibitors or Participants. Any general terms and conditions of the Participant do not become part of the contract even if the Organizer does not explicitly object to them again.
§ 2 – Participation
- The events organized by the Organizer – hereinafter referred to as “Events” – are generally open to anyone interested.
- Both Exhibitors/Partners/Sponsors and Participants have the opportunity to participate in the Events.
- The Organizer reserves the right to deny participation to organizations or specific individuals. The Organizer will not reimburse any travel expenses incurred by the Participant/Organization, such as hotel rooms or flight and train tickets.
§ 3 – Registration for Participants
Participant registrations should be submitted as early as possible via the online registration form or by confirming individual offers to the Organizer. Registration becomes binding once confirmed by the Organizer via email. Attending the events without registration is at the individual’s own risk. There is no right to participate in the events once the maximum number of participants has been reached.
§3a – Registration for Exhibitors
- Exhibitors can register for the events using the applicable registration form for the specific event or by confirming individual offers, and this registration constitutes a legally binding offer from the Exhibitor. By submitting the form, the Exhibitor acknowledges the Organizer’s General Terms and Conditions as binding.
- Amendments, deletions, and/or additions are ineffective without the Organizer’s consent.
- The Organizer has the right to exclude individual Exhibitors from participating in an event for justified reasons, especially if the available space is insufficient.
§ 4 – Cancellation
- Cancellations must be made in writing to the Organizer.
- The amount of cancellation fees for Exhibitors depends on the timing of the cancellation:If cancellation occurs up to 8 weeks before the start of the event (from the booking date), the Exhibitor must reimburse the Organizer for incurred expenses equivalent to 50% of the agreed event package.
- If cancellation occurs from 8 to 4 weeks before the start of the event (from the booking date), the Exhibitor must reimburse the Organizer for incurred expenses equivalent to 75% of the agreed event package.
- For cancellations made later than 4 weeks before the event start, for non-attendance, or for early departure, the Exhibitor must reimburse the Organizer for incurred expenses equivalent to 100% of the agreed event package.
- In the case of a registered Participant’s inability to attend, written notification is required.
- A written cancellation of Participant registration is possible free of charge up to 8 weeks before the event start.
- If written notice is given after 8 weeks before the event start, a processing fee of EUR 250.00 will be charged.
- In the case of non-attendance or early departure, the full participant fee is to be paid. However, a substitute participant can be named.
- Important Note: If the event is prohibited by authorities, this relieves the Organizer of its obligations (such as providing exhibition spaces) and the Partner of the obligation to pay the partnership fee.
- The Exhibitor/Participant can nominate a substitute Exhibitor/Participant, but this nomination can be rejected without giving reasons.
§5 – Exchange, Assignment to Third Parties
The exchange of allocated booth space with another Exhibitor, as well as partial or complete assignment to third parties, is not permitted without written agreement from the Organizer.
§6 – Prices and Payment Terms
- The participation fee for Exhibitors and Participants becomes due after the event upon receipt of the invoice, without any deduction, and with a payment term of 30 working days. Payment should be made referencing the invoice number and the respective event to the account specified in the invoice.
- The costs incurred by Exhibitors are binding and dependent on the selected exhibitor package. Any granted discounts will be provided in writing by the Organizer and will be forfeited in case of late payment.
- Default interest will be charged from the due date. This interest rate amounts to eight percentage points above the respective base interest rate of the European Central Bank (§ 247 German Civil Code).
- The participation fee is per Exhibitor/Participant and is subject to the applicable value-added tax. The participation fee does not include accommodation.
- The participation fee includes catering as specified. The extent of catering is determined by the Organizer.
§7 – Execution
The events will be conducted according to the program content published at the time. The Organizer reserves the right to change speakers and/or make changes to the program schedule as long as the fundamental objective of the event is not altered.
§8 – Force Majeure/Cancellation/Rescheduling
- 1)Unforeseen events, force majeure, or official orders that render the planned execution of the events impossible and are not attributable to the Organizer entitle the Organizer to cancel, reschedule, or shorten the events before their commencement.
- In the event of rescheduling, Exhibitors who can prove that this conflicts with another exhibition already booked by them can withdraw from the contract. Already paid booth rentals and additional fees will only be refunded under these circumstances.
- If the event must be shortened due to force majeure or circumstances beyond the control of the Organizer, the Exhibitor cannot withdraw from the contract and has no claim for full or partial reimbursement or waiver of the agreed-upon services.
- Claims for damages are excluded for both parties, Organizer and Exhibitor, in these cases.
- The Organizer is only liable for property and financial damages that it causes if intent and/or gross negligence can be proven.
§9 – Copyright
The materials provided to Participants are protected by copyright. Reproduction, distribution, or other use of the provided materials is only permitted with explicit written consent from the Organizer.
§10 – Place of Performance / Jurisdiction
The place of performance is the respective event location. The jurisdiction is Duisburg, Federal Republic of Germany.
§11 – Final Provisions
German law exclusively applies. In the event that one or more provisions of these General Terms and Conditions are ineffective, the ineffective provision shall be replaced by an effective provision that comes as close as possible to the ineffective provision economically. The effectiveness, feasibility, and enforceability of the remaining provisions remain unaffected by the individual ineffectiveness. Otherwise, statutory regulations apply.