Terms and Conditions

Terms and Conditions

§ 1 Scope

1. These General Terms and Conditions for Trade Fairs form the contractual basis between the exhibitor and USP5 TalentFinder Deutschmann und Koppensteiner GbR, Reutlinger Str. 14, 72072 Tübingen – hereinafter referred to as the Organizer – regarding the exhibitor's participation in the „Tigers Career Day“ trade fair.
   
2. The following General Terms and Conditions for Trade Fairs, in their version valid at the time of the trade fair event, shall exclusively govern the legal relationship between the organizer and the exhibitor. They regulate the formation of the contract between the organizer and the exhibitor, the execution of concluded contracts, and the mutual rights and obligations.
   
3. The issuer's deviating terms and conditions are rejected. These only become effective if they are expressly confirmed in writing by the organizer.

Section 2 Contract conclusion

1. Registration for the trade fair must be made using the registration form applicable to the specific trade fair. The registration constitutes a legally binding and irrevocable offer by the exhibitor. Amendments, deletions, and/or additions are invalid. By submitting the application, the exhibitor acknowledges the General Terms and Conditions for Trade Fairs as binding upon themselves and all persons employed by them at the trade fair.
   
2. The organizer is not obliged to accept the exhibitor's offer. The organizer alone decides on the admission of the exhibitor (acceptance of the offer). A binding rental agreement is legally concluded by the exhibitor's written admission by the organizer. The exhibitor has no legal claim to the conclusion of a rental agreement.
   
3. )The organizer is entitled, for objectively justified reasons, particularly if the available space is insufficient, to exclude individual exhibitors from participating in the trade fair or to restrict the circle of exhibitors in the interests of the trade fair. If necessary for achieving the event's purpose, it may restrict the trade fair to specific groups of exhibitors, providers, and visitors. No exclusivity may be demanded or promised. The organizer is further entitled, based on the local and objective conditions of the event, to alter the type, placement, and size of the requested booth, deviating from the exhibitor's application, and to impose conditions regarding the setup and design of the trade fair booth, provided there is an objectively justified reason for doing so.
   
4. The exhibitor shall be informed in writing of the exact location, shape and size of the stand and, if applicable, any conditions regarding the equipment. The organizer is entitled to deviate from any previously made commitments in a factually justified manner for technical and organizational requirements, fire police requirements and building regulations when allocating the location and, in particular, to allocate the exhibitor a stand that is as equivalent as possible. This also applies after the stand has already been allocated in writing if there are serious objective reasons for doing so. In this case, the exhibitor shall not be entitled to claim a reduction in rent. If the exhibitor does not raise objections to the form and size of the agreed location within 5 days of receipt of the notification of the location, objections by the exhibitor are excluded. Notification must be made in writing and received by the organizer within the aforementioned period.
   required.
   
5. The exhibitor must anticipate that a minor restriction of the allocated booth may be necessary for technical reasons. This may not exceed 10 cm in width and depth and does not entitle the exhibitor to a reduction of the agreed booth rental fee (selected trade fair package). This regulation does not apply to trade fair booths expressly registered as finished or system booths.

§3 Prices and Payment terms

1. The applicable costs/stand rental fees are indicated in the respective current registration form. These are binding. Any discounts granted will be in writing by the organizer and will be forfeited if payment is not received on time.
   
2. The invoiced amounts are to be paid by the issuer within 8 days, net cash upon invoicing, unless otherwise stated on the invoice.
   
3. Interest on arrears will be charged from the due date. This amounts to eight percentage points above the respective ECB base interest rate (§ 247 BGB).
   
4. The organizer may dispose of unpaid stands otherwise if the exhibitor fails to meet the payment deadlines, after issuing a reminder and giving appropriate notice.
   
5. The organizer holds a landlord's lien on all brought-in trade fair/exhibition items for any unfulfilled obligations and resulting costs. The organizer is liable for damage to and loss of the pledged items only in cases of intent and gross negligence. If payment is not made within the stipulated period, the organizer may sell the pledged items at a private sale after written notification. It is assumed that all items brought in by the exhibitor are the unrestricted property of the exhibitor.

§ 4 Resignation

1. The organizer may withdraw from the concluded contract with immediate effect towards the exhibitor if the conditions regarding the exhibitor, which form the basis of the rental agreement, are not met or are no longer met. The organizer is particularly entitled to withdraw from the contract if, after a reminder, the down payment invoice is not paid within the period set by the organizer. If the withdrawal occurs in this case up to eight weeks before the start of the trade fair, the exhibitor must reimburse the organizer for the expenses incurred to date with an amount equal to 75 % of the agreed booth rental fee. If the withdrawal occurs after this date, the exhibitor must reimburse the organizer for the agreed booth rental fee in full. The exhibitor reserves the right to prove that the requested costs are too high.
   
2. If the exhibitor does not occupy the exhibition stand, the agreed stand rental fee is to be paid in full. If the organizer can rent out the exhibition stand to another party (no occupancy by replacement), the exhibitor shall pay the organizer compensation amounting to 25 % of the agreed stand rental fee (chosen trade fair package). In addition, the exhibitor shall bear the difference between the agreed stand rental fee (chosen trade fair package) and the stand rental fee actually paid by the new tenant.
   
   Exhibitors who do not occupy their rented booth are also obliged to set up the booth in a manner suitable for the exhibition. Otherwise, the organizer is entitled to decorate the booth at the exhibitor's expense. The organizer is also entitled, in the interest of the overall appearance of the trade fair, to relocate another exhibitor to the unassigned booth or to fill the booth in another way. In this case, the exhibitor has no claim to a reduction in the agreed booth rental fee.
   
3. The exhibitor may withdraw from the contract if the organizer agrees in writing. The organizer will only agree if the exhibition space or stand can be rented to another exhibitor (no substitution). Withdrawal can only be declared by the exhibitor in writing by registered letter. It shall only be legally effective if the organizer gives his consent in writing. If the exhibitor withdraws with the written consent of the organizer, the exhibitor shall pay the organizer compensation amounting to 25 % of the agreed stand rental fee. In addition, the exhibitor shall bear the difference between the agreed stand rental fee and the stand rental fee actually paid by the new tenant. If the stand cannot be rented to another exhibitor, the organizer is entitled to move another exhibitor to the unoccupied stand or to fill the stand in another way in the interest of the overall appearance of the trade fair. In this case, the exhibitor is not entitled to a reduction in the agreed stand rental fee. The costs incurred for decorating or filling the unoccupied stand shall be borne by the lessee. The exhibitor may nominate a substitute exhibitor, but this may be rejected without giving reasons.

Section 5 Termination

The organizer has the right to terminate the agreement with immediate effect for good cause. Good cause exists in particular if,

• if the exhibitor fails to comply with or grossly violates their contractual obligations. In this case, the organizer may immediately exclude the exhibitor from the trade fair, with all consequences.

upon impossibility of performance of the contract.

• if the issuer is in default with a not insignificant part of the remuneration,

• if the issuer becomes insolvent or insolvency proceedings are opened against its assets, or if an application for the opening of insolvency proceedings is dismissed for lack of assets.

• if the booth is not visibly occupied by 6:00 PM on the eve of the trade fair opening.

• if the stand allocation was made due to incorrect information/prerequisites from the issuer.

The termination requires written form to be effective.

In all these cases, the exhibitor's obligations to pay the agreed-upon stand rental remain in effect.

§6 Changes/higher Violence/Cancellation

1. In the event that force majeure or unforeseeable events, for which the organizer is not responsible, make the scheduled holding of the trade fair impossible, the organizer is entitled to cancel the trade fair or hold it at a different date, or to cancel or shorten it if the event occurs during the trade fair. The same applies if the trade fair has to be canceled or shortened due to an official order. The organizer must announce such decisions as early as possible. In all cases, claims for damages by the exhibitor are excluded.
   
2. If the trade fair is canceled before it opens, the following rule applies: If the cancellation occurs more than 6 weeks, but no later than three months, before the scheduled start, the exhibitor must pay the organizer 25 % of the agreed booth rental fee (selected trade fair package) as compensation. If the cancellation occurs in the last 6 weeks before the planned start, the compensation increases to 50 % of the agreed booth rental fee (selected trade fair package). In addition, in any event, costs already incurred at the exhibitor's request must be paid by the exhibitor.
   
3. If the trade fair is held on a different date, the following regulation applies: In principle, the exhibitor is obligated to participate and pay the agreed booth rental fee (selected trade fair package) due to the existing contract. However, this does not apply to exhibitors who can provide proof that participation in the trade fair results in a scheduling conflict with another trade fair/exhibition that they have already firmly booked. In this case, release from the contract can be requested by registered mail. If the necessary prerequisites are accordingly proven, the claim to the booth rental fee will be waived.
   
4. If the organizer has to shorten or cancel an exhibition that has already begun due to force majeure or official order, the exhibitor shall have no claim to repayment or remission of the agreed booth rental fee. In this case, the exhibitor shall pay the agreed booth rental fee and all costs to be borne by him in full.
   
5. In all the aforementioned cases, the exhibitor reserves the right to prove that the costs charged by him are excessive.

§7 Duties off Exhibitor

1. The exhibitor is obliged to comply with the statutory labor and trade regulations, particularly concerning environmental protection, fire safety, accident prevention, and company designation.
   
2. Upon submitting the application, the exhibitor must provide the organizer with documents for the planned trade fair stand. Approval from the organizer must be obtained before the construction of the trade fair stand. All equipment brought in must be made of fire-retardant materials that also meet the requirements of fire protection class B1. Double-sided tape/adhesive tape may not be used for attaching floor coverings. In addition, the hall floor must not be painted. Full-surface adhesion of the floor covering and the insertion of bolts and anchors are not permitted. Fire extinguishers and escape and rescue routes must remain freely accessible.
   
3. If the exhibitor deviates from the approved execution during the construction of the trade fair stand, the organizer is entitled to prohibit further construction with immediate effect and, in the event that the approved condition is not restored within a period of 8 hours, to remove the stand at the exhibitor's expense after the deadline has expired fruitlessly. In this case, the organizer's claim for payment of the agreed stand rental fee (selected trade fair package) remains unaffected.
   
4. The exhibitor is liable for all damages caused by them or a contractor appointed by them at the respective event venue; in particular, drilling into walls and floors is strictly prohibited.
   
5. The equipment and decoration of the exhibition stand must be designed and installed in such a way that visitors are not harmed.
   
6. The organizer's or the respective trade fair grounds' house or hall rules must be observed.
   
7. The exhibitor is obliged to obtain any necessary permits or make registrations (e.g., GEMA) as required and is liable for them.
   
8. The exhibitor is obliged to follow the instructions of the event manager at all times.

§8 Onand Dismantling, Operation and Maintenance off Estate

1. The exhibitor must adhere to the deadlines for stand construction, which will be communicated in writing by the organizer well in advance of the event. If the exhibitor fails to meet the set construction deadline, they will forfeit their right to operate the exhibition stand without compensation or damages. The organizer's claims for payment of the total rental fee remain unaffected. Exceeding the stand's boundaries and the specified construction height of the exhibition stand is prohibited. Exceptions require the express written approval of the organizer.
   
2. It is prohibited for the exhibitor to dismantle the booth, in whole or in part, before the end of the trade fair. The exhibitor is obligated to operate the trade fair booth in accordance with the contract for the entire duration of the trade fair. The dismantling/setup and operation of the trade fair booth must be carried out by the exhibitor within the deadlines and opening hours set by the organizer. Exceeding the deadlines is only permitted with the express written consent of the organizer.
   
3. If the exhibitor does not set up and/or dismantle the booth within the deadlines set by the organizer, the exhibitor shall be liable to the organizer for the agreed booth rental fee and any further resulting costs in this case. Claims for damages by the exhibitor are excluded in this case.
   
4. All materials used for construction must be difficult to ignite.
   
5. The exhibitor bears sole responsibility for traffic safety within the trade fair stand they occupy. Upon conclusion of the trade fair, the exhibitor must return the exhibition space provided to them in the condition it was received, specifically removing any adhesive residue. Should the exhibitor leave the exhibition space without restoring it to this contractually agreed-upon condition, the organizer is entitled to have the necessary work carried out at the exhibitor's expense, without setting a further grace period.
   
6. The organizer is responsible for cleaning the exhibition grounds not handed over to the exhibitor; the exhibitor is responsible for cleaning the rented area.
   
7. Booths not dismantled or trade fair/exhibition items not removed by the deadline set for dismantling will be removed by the organizer at the exhibitor's expense and at their own risk.

§9 Supply off Exhibition stands/connections And technical Services

General lighting is covered by the organizer. When applying, exhibitors must specify the connections they require. Setup and consumption are the responsibility of the exhibitor if they exceed the booked trade fair package (basic supply).

Connections and devices that do not comply with the relevant regulations – particularly those of the VDE – and the local utility company, or whose consumption is higher than registered, can be removed or deactivated by the organizer at the exhibitor's expense.

The exhibitor is liable for compliance with legal provisions and for all damages caused by unauthorized work and work carried out by companies not named by the organizer. The organizer shall not be liable for disruptions in supply or disposal.

§ 10 Trade fair insurance

The stand rental does not include insurance for items brought into the trade fair stand and any other trade fair equipment. The organizer has not taken out any insurance in this regard for the benefit of the exhibitor. It is solely the responsibility of the exhibitor to ensure adequate insurance for their brought-in items and for the safety precautions incumbent upon them. The exhibitor is obligated to provide the organizer with proof of organizer's liability insurance with sufficient coverage of at least €5 million flat for personal injury and property damage per claim and €500,000 for rented property damage per claim by presenting the insurance policy.

§ 11 House Rules

1. The organizer exercises house rights on the exhibition/trade fair grounds. The organizer may issue house rules, which the exhibitor must comply with.
   
2. With the exception of the deadlines set by the organizer for setting up and dismantling the exhibition stand, exhibitors and their employees may only enter the exhibition grounds and halls one hour before the start of the exhibition. They must have left the exhibition halls and grounds no later than one hour after the close of the exhibition.
   
3. Overnight stays on the exhibition grounds are forbidden.

§ 12 Guard duty

The exhibitor is responsible for supervising and guarding the exhibition stand during hall opening hours (not exhibition opening hours). This also applies during setup and dismantling times.

Section 13 Liability

1. Unless otherwise agreed below, the liability, and in particular claims for damages, of the issuer against the organizer are excluded. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the organizer.
   
2. Damages claims for injury to life, limb, or health, as well as damages claims arising from the breach of material contractual obligations, are excluded from the disclaimer of liability determined under Section 13, Paragraph 1. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
   Liability for damages resulting from intentional or grossly negligent breach of duty by the organizer, its legal representatives, or its vicarious agents is also excluded from this disclaimer.
   
3. The organizer is not liable for theft of trade fair and exhibition items (rented).
   
4. The organizer's liability for a specific advertising success is excluded.
   
5. The exhibitor is liable for damages of any kind caused by him, his legal representatives, or his vicarious agents.
   
6. The exhibitor is obligated to insure themselves against all risks that may arise in connection with their trade fair participation. Proof of corresponding insurance must be provided to the organizer upon request.
   
7. The exhibitor further guarantees that its trade fair participation will not infringe upon any industrial property rights, copyrights, trademark rights, or other third-party rights. If the organizer is held liable by third parties for rights infringement, the exhibitor shall indemnify the organizer against all related liabilities and claims.
   
8. The exhibitor is liable for damage to the floor, walls, and exhibition items provided on a rental or loan basis.
   
9. Force majeure, such as natural disasters, exceptional weather conditions, such as storms, cold and rainy periods, etc., release the organizer from liability.
   
   The exhibitor indemnifies the organizer against all third-party claims asserted in connection with the event, insofar as these are attributable to the exhibitor, its vicarious agents and persons employed to perform its obligations, or to its exhibitors, guests, or visitors. This indemnification obligation also extends to official fines (e.g., for disturbing the peace, blocking emergency routes) that may be imposed on the organizer as the operator of the venue in connection with the event. The indemnification obligation shall not apply if a breach of duty, which is grossly negligent or intentional, and in the case of personal injury, a breach of duty by employees of the organizer is (partially) responsible for the occurrence of property damage or financial loss.

§14 Subletting/Assignment of use off Estate An Third

1. Without prior written consent from the organizer, the exhibitor is not permitted to sublease the exhibition booth assigned to them, either in whole or in part, or to transfer the use of the exhibition booth, in whole or in part, to third parties, or to exchange the exhibition booth. The organizer is not obligated to give consent.
   
2. Joint presentations, e.g., with cooperation partners, are only possible with the express written consent of the organizer. The organizer is entitled to demand the immediate clearing of the trade fair stand in the event of unauthorized subletting or transfer of use to third parties, as well as in the event of an unauthorized exchange of the trade fair stand.

§15 Exhibitors and joint and several Liability

1. The exhibitor must apply in writing to the organizer for the admission of a co-exhibitor. The co-exhibitor is subject to the same conditions as the main exhibitor. The admission of a co-exhibitor is not possible without the prior written consent of the organizer. The organizer is not obliged to give consent. If the organizer agrees in writing, the admission of a co-exhibitor will be subject to a fee. In this case, 50 % of the agreed stand rental must be paid additionally.
   
2. The inclusion of a co-exhibitor without the explicit written consent of the organizer authorizes the organizer to terminate the contract with the main exhibitor with immediate effect and to have the stand cleared at the main exhibitor's expense. The main exhibitor shall not be entitled to claim damages.
   
3. Co-exhibitors are all exhibitors who exhibit or appear at the trade fair stand alongside the main exhibitor. They are also considered co-exhibitors if they have close economic or organizational ties to the main exhibitor.
   
4. If several exhibitors jointly rent a stand or a stand is jointly allocated to several exhibitors, each of them shall be jointly and severally liable to the organizer. They must appoint a joint representative in their application. The organizer or the trade fair management only needs to negotiate with this person. Notifications addressed to the representative named in the application shall be deemed to have been made to the exhibitor or, in the case of joint stands, to the exhibitors.

§16 Enforcement clause

Claims by exhibitors against the organizer that are not reported in writing no later than two weeks after the end of the trade fair are excluded.

§17 Storagefrom Data

The exhibitor agrees that the organizer may store, process, or transfer personal data in accordance with the Federal Data Protection Act for business purposes, including the use of automated data processing. Naturally, all data will be treated with strict confidentiality, and the exhibitor's legitimate interests will be taken into account in accordance with legal requirements.

§18 Advertising

1. By submitting the documents, the exhibitor must indicate the type and scope of the intended advertising. The exhibitor is only permitted to advertise of any kind within the area of their trade fair booth and only for their own business. Special advertising and promotional activities (outside of the trade fair booth) that go beyond the booked trade fair package, such as
   For example, A-frame signs, trailer displays, etc., are not permitted without written authorization from the organizer.
   
2. If the exhibitor intends to use any form of acoustic advertising or to screen television and film works, prior express permission from the organizer is also required. The organizer is entitled to restrict or completely prohibit any form of acoustic advertising during the course of the trade fair to maintain orderly trade fair operations.
   
3. The exhibitor is obliged to obtain any necessary permits and/or make registrations (e.g., GEMA) as required and is liable for them.

§19 The movie and Photography

Commercial photography, drawing, and/or filming within the trade fair/exhibition grounds requires prior written permission from the organizer.

§ 20 Aufrechnung/Abtretung

1. The drawer is only entitled to a right of set-off if their claim intended for set-off has been legally established or is undisputed.
   
2. The exhibitor is only entitled to exercise a right of retention if its counterclaim is based on the same legal relationship.
   
3. The assignment or pledging of claims or rights of the issuer against the organizer is excluded, unless the organizer agrees in writing. The organizer is only obligated to consent if the issuer demonstrates a legitimate interest in the assignment.

Section 21 Changes

Agreements deviating from the GTC Trade Fair require written form to be legally effective.

§22 Applicable Law and Jurisdiction

1. The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship between the organizer and the exhibitor.
   
2. For entrepreneurs, the place of performance and jurisdiction is the organizer's registered office in Tübingen, without prejudice to the organizer's right to bring legal action in any other legally permissible court.

§23 Salvatorian Clause

1. Should a provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.
   
2. In place of the ineffective provision, regulations shall apply that come closest to the economic purpose of the contract and the appropriate safeguarding of the mutual interests.