Terms & Conditions
1. Website Terms and Conditions of Use
2. Terms and Conditions for Advertising
3. Terms and Conditions of the Shop
4. Terms and Conditions for Conference Registrations
5. General Terms of Rental of Exhibition Space
Terms and Conditions of Use of Website
The Electronic Products, the Sugar Industry Website and Sugar Industry ePaper and the Intellectual Property Rights contained therein are protected by law. As a User, you have certain rights specified below; all other rights are reserved.
- Authorized Users – As defined in your applicable license.
- Electronic Products – All products, services and content available on Sugar Industry Website.
- Intellectual Property Rights – These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
- Licensed Electronic Products – The Electronic Products which the Subscriber has licensed.
- Users – Users of the Sugar Industry Website regardless of whether they are Authorized Users or Subscriber or users without subscription.
- Sugar Industry and Bartens Website – The online service (or any successor thereto) available from Verlag Dr. Albert Bartens KG or its affiliates including all products, services and features offered via the service. Certain products and services may be delivered from other platforms. The terms and conditions hereof are equally applicable to those products and services.
Rules of Use
- To make Sugar Industry Website and the Electronic Products useful, the following rules apply:
- Users may search the entire database of the Sugar Industry Website. For most publications, Users may browse the abstracts as well.
- Subscriber will have access to the full text of the Articles covered by the applicable subscription. Subscriber may download, search, retrieve, display and view, copy and save to a secure network or other electronic storage media and store or print out single copies of individual articles or items for their own personal use, scholarly, educational or scientific research or internal business use. Subscriber may also transmit such material to a third-party colleague in hard copy or electronically for personal use or scholarly, educational, or scientific research or professional use but in no case for re-sale, systematic distribution, e.g. posting on a listserv, network (including scientific social networks) or automated delivery, or for any other use (including distribution through social networking websites and scholarly collaboration networks. In addition, Authorized Subscriber have the right to use, with appropriate credit, figures, tables and brief excerpts from individual articles in their own scientific, scholarly and educational works. Please note that these rights do not extend to the use of material, images or figures that are separately listed as the copyright of a third party.
- Subscriber will receive a user name and password which they must keep confidential and not disclose to or share with anyone else.
- Except as provided above or with respect to material published on an open access basis, Users may not copy, distribute, transmit or otherwise reproduce, sell or resell material from Electronic Product(s); store such material in any form or medium in a retrieval system; download and/or store an entire issue of an Electronic Product or its equivalent; or transmit such material, directly or indirectly, for use in any paid service such as document delivery or list serve, or for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use or for a fee or free of charge.
- Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer. Users may not integrate material from the Electronic Product(s) with other material or otherwise create derivative works in any medium. However, brief quotations for purposes of comment, criticism or similar scholarly purposes are not prohibited herein.
- Users may not do anything to restrict or inhibit any other User’s access to or use of Sugar Industry Website and the Electronic Product(s).
- Users shall not have the right to incorporate any material from the Electronic Products into any institutional or other repository under any circumstances without Verlag Dr. Albert Bartens KG’s prior written approval (including social networking websites and scholarly collaboration networks.
Verlag Dr. Albert Bartens KG is not responsible for any charges associated with accessing Sugar Industry Website and the Electronic Products, including, but not limited to, any computer equipment, telephone or internet connections and access software.
Upon payment of an invoice, the products in the invoice are covered by the Subscriber’s License on the terms and conditions therein.
Verlag Dr. Albert Bartens KG may modify any of these terms and conditions at any time by providing notice on the Sugar Industry Website. A User’s continued use of the Sugar Industry Website shall be conclusively deemed acceptance of such modification.
The Sugar Industry Website may provide links to third-party websites. Where such links exist, Verlag Dr. Albert Bartens KG disclaims all responsibility and liability for the content of such third-party websites. Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.
Privacy and Data Protection Policy
THE SUGARINDUSTRY AND BARTENS WEBSITEs AND THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; THE USE OF THE ELECTRONIC PRODUCTS, THE SUGARINDUSTRY AND BARTENS WEBSITEs AND ALL MATERIALS IS AT THE USER’S OWN RISK; ACCESS TO THE SUGARINDUSTRY AND BARTENS WEBSITEs AND THE ELECTRONIC PRODUCTS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE; AND NEITHER VERLAG DR: ALBERT BARTENS KG NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ELECTRONIC PRODUCTS OR THE MATERIALS CONTAINED ON THE SUGARINDUSTRY OR BARTENS WEBSITE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USER’S USE OF OR INABILITY TO USE THE SUGARINDUSTRY OR BARTENS WEBSITE, THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN.
Terms and Conditions of Business for Advertising and Insert Supplements
General Terms and Conditions of Business for Advertising and Insert Supplements in Newspapers and Periodicals
- “Advertisement order” as used in the following general terms and conditions of business refers to the contract concerning the publication of one or more advertisements by an advertiser in a printed publication for circulation purposes.
- In case of doubt, advertisements shall be released for publication within one year after the publishing agreement is concluded. If the right to release individual advertisements is granted under the terms of an agreement, the order must be carried out within one year after publication of the first advertisement, insofar as the first advertisement is released and published within the time period designated in paragraph 1.
- With the closing of agreements, the client is also entitled to release other advertisements, in addition to the number of advertisements named in the order within the time period agreed upon, or that which is cited in paragraph 2The discounts specified in the advertisement price list are only granted for advertisements appearing within one year. The period begins with the publication of the first advertisement.
- Should an order not be filled for reasons beyond the publisher’s control, the client is obliged to refund to the publisher the difference between the discount granted and the respective discount for the number of advertisements actually published, irrespective of any other contractual obligations. Should the non-performance be due to force majeure on the part of the publisher, there is to be no such refund.
- Orders for advertisements and furnished inserts which are to be published in specified issues or editions, or in a specified space, must be received by the publisher in good time, so as to allow the publisher before the closing date to advise the client should it prove impossible to execute the order as stipulated. Classified advertisements will be placed in the respective section without requiring any special arrangement.
- Advertisements which are not identifiable as such on account of their editorial drafting will be marked by the publisher with the word “Advertisement.”
- The publisher reserves the right to refuse to accept advertisement orders or individual releases under a contract, as well as orders for inserts on account of their content, origin, or technical form on the basis of uniform and justified principles, should their content violate any existing laws or regulations or should such publication be unacceptable to the publisher. This also applies to orders placed with branch offices, advertising agencies or representatives. Orders for furnished inserts will not become binding on the publisher until specimens of such inserts have been presented and approved. Inserts whose format or lay-out give the impression of being part of the newspaper or periodical, or which contain other advertisements, will not be accepted by the publisher. The client will be advised of such refusal of an order without delay.
- The client is responsible for the supply in good time of the advertisement text, as well as correct copy or inserts. Should the material supplied be unsuitable (e.g. too low resolution) or damaged, the publisher will immediately request replacement. The publisher guarantees the usual quality of print in the newspaper or periodical specified, within the limits of quality of the material/manuscripts furnished.
- The client is entitled to a reduction in payment or a replacement advertisement if the original advertisement published is wholly or partly illegible, incorrectly or incompletely reproduced. This compensation is limited to the extent that the purpose of the original advertisement was prejudiced. If the publisher fails to react accordingly within the agreed time frame or if the replacement advertisement is also faulty, the client will be entitled to a reduction in the amount of payment or to withdraw from the contract. Claims for compensation based on positive violation of contractual duties, negligence in carrying out the contract and unlawful actions are excluded – also for advertising orders placed via telephone. Claims for compensation with respect to impossibility of completion of the order and default are limited to the restitution of foreseeable damages and to the amount payable for the advertisement or insert under consideration. This does not apply in the event of intentional and gross negligence on the part of the publisher, his legal representatives and employees. The liability of the publisher for damages due to the absence of guaranteed quality remains unaffected. In the carrying out of normal business transactions, the publisher is also not responsible for gross negligence on the part of employees. In all other cases the extent of liability arising out of gross negligence is limited to the extent of the foreseeable damages up to the amount payable for the advertisement under consideration. Complaints – with the exception of those which are not obvious – must be made within four weeks of receipt of the invoice and voucher copy.
- Proof copies will only be supplied on special request. The client is responsible for the correctness of proof copies returned by him. The publisher will consider any corrections made by the client if and when they are made within the period specified when the proof copy is sent to the client.
- The calculation of the advertisement price is based on the millimetre line price if the size does not correspond to a size specified in the rate card.
- In the event that the client does not pay in advance, the invoice shall be sent immediately, if possible, however, fourteen days after publication of the advertisement. The invoice shall be paid within the period as indicated in the price list, unless a different payment period or prepayment has been agreed upon in individual cases. Possible discounts for early payments are granted according to the price list.
- In the event of any delay or deferment in payment, interest and collection costs will be charged. The publisher may defer the publication of further advertisements in a current advertising order until payment has been received and may demand prepayment for the remaining advertisements. Where there are justified doubts regarding the solvency of the client, the publisher is entitled, also during the term of an advertising order, to make the publication of further advertisements contingent on the payment of all unpaid amounts and the pre-payment of all remaining advertisements, irrespective of any payment conditions originally agreed upon.
- Upon request, the publisher shall deliver a specimen of the advertisement along with the invoice.
- The client will be charged for any costs associated with preparing artwork, films and drawings as well as for any major changes requested by the client which differ extensively from the originally agreed-upon order. Furthermore, design costs exceeding the normal scope will be charged separately.
- In case of a contract for multiple advertisements, a claim to reduction in price may result from a reduction in circulation, if the average circulation for the insertion year, beginning with the first advertisement, is below the average circulation stated in the price list or otherwise, or – if no circulation quantity is stated – is less than the average circulation sold (for trade journals, this can also be the average number actually distributed) in the previous calendar year. A drop in circulation only grants the right to a price reduction when it amounts more than to 25%. Furthermore, claims to price 5reduction are excluded, if the publisher has informed the client in due time of the drop in circulation, allowing time for withdrawing from the contract prior to publication.
- The place of fulfillment and jurisdiction is the head office of the publisher. Unless claims of the publisher are asserted by means of enforcement proceedings, in the case of non-business clients the place of jurisdiction is dictated by the latter‘s domicile. If the domicile or normal place of residence of the client is – also in the case of non-business clients – unknown at the time the action is brought, or if after the contract is concluded the client has moved his domicile or normal place of residence out of the area of application of the law, the headquarters of the publisher is agreed as the place of jurisdiction.
Terms and Conditions of the Shop of Verlag Dr. Albert Bartens KG
- The presentation of our products offers does not constitute a binding offer. A binding offer is only completed after clicking the “Confirm order” button, once you have entered all necessary information. If you pay by credit card, you will receive an invoice with the note “Amount received”. If you choose the invoice option, you will receive a pro-forma invoice. Upon receipt of your payment in our account you will receive an invoice marked “Amount received”.
- Orders shall be accepted by Verlag Dr. Albert Bartens KG (Publisher) by submitting an invoice or providing a confirmation of the order. By taking delivery of the consignment, the Buyer consents to the terms and conditions of sale and payment. No other terms can be accepted by the Publisher. This also applies if the Publisher does not expressly object to any such terms. The order may also be accepted by dispatching the goods. Delivery Books, journals and other products supplied by Verlag Dr. Albert Bartens KG shall only be delivered on firm account and at the cost and risk of the Buyer from the place of consignment determined by the Publisher. Any other agreements shall only be valid if confirmed by the Publisher in writing. The Publisher reserves the right to require advance payment before delivering goods. Delivery dates shall only be binding if confirmed by the Publisher in writing. Transport risk All consignments shall be made at the Buyer’s risk from the moment of dispatch, even if the goods are destroyed or damaged accidentally or by force majeure. The Publisher shall not replace any consignments lost or damaged during transport. In order to safeguard his or her interests, the Buyer must therefore report any damage to the relevant postal authority or forwarding agent within the time limits specified by these bodies. Agreement on conformance with quality description without a guarantee
- Verlag Dr. Albert Bartens KG guarantees that, at the time the risk passes to the Buyer, the article of sale conforms to the quality description; this is determined solely on the basis of the specific agreements made by and between the parties concerning the nature, characteristics and quality features of the goods.
- It is not the Publisher’s intention – nor is the agreement made by the parties so designed – to give the Buyer a guarantee concerning the nature of the article of sale above and beyond the agreement on conformance with the quality description made in sec. 1.
- In accordance with sec. 2., details given in catalogues, price lists or any other information material made available to the Buyer by Verlag Dr. Albert Bartens KG shall in no way be understood to constitute any such guarantee concerning the particular quality of the article of sale. Warranty, duty to examine goods Any rights of warranty on the part of the Buyer presuppose that he or she examines the article of sale after delivery and informs the Publisher of any defects in writing without delay, no later than two weeks after delivery; the Publisher must be notified of any hidden defects without delay after such defects have been discovered. Defects in part of the delivered articles of sale shall not entitle the Buyer to cancel the agreement unless a part delivery is of no interest to the Buyer. The same applies to the Buyer’s right to claim damages instead of the entire delivery. The Publisher shall rectify any defects covered by guarantee at its own option by either rectifying the defect or providing replacement goods at no cost to the Buyer. In the event that the Publisher seriously and definitely refuses to perform the agreement or that rectification of the defect or provision of a replacement is unsuccessful, or if the Buyer cannot reasonably be expected to accept it or if the Publisher refuses to do so on account of unreasonable costs pursuant to s. 439(3) of the German Civil Code (Bürgerliches Gesetzbuch, BGB), then the Buyer shall be entitled at his or her own option in accordance with the legal provisions to terminate the agreement, reduce the purchase price or claim compensation for damages (or, if appropriate, reimbursement of expenditure). The limitation period for guarantee claims relating to the article of sale shall be 12 months from the time of delivery to the Buyer. Compensation for damages and limitation of liability The Publisher shall be liable to pay compensation for damages pursuant to the legal provisions except where sec. 1a provides otherwise. 1a . By way of exception, the Publisher shall be liable: a) for ordinary negligence causing the violation of essential duties arising from the relationship under the law of obligation, up to a maximum amount foreseeable for this kind of contract; otherwise b) not at all for ordinary negligence causing the violation of non-essential duties arising from the relationship under the law of obligations. This shall apply to all claims for compensation, for whatever legal cause, particularly to liability for torts. The Buyer shall be obliged to take appropriate measures to avoid or reduce damage. Prices
- Prices are in Euro. VAT valid for the product is added for customers in Germany and EU countries without VAT Number. In case cheques are used for payment, they must be drawn on a German bank. Payment Payment is due upon receipt of the invoice unless any other agreement has been made. Payments made in foreign currencies shall be accepted at the current rate of exchange. No discounts shall be granted for payment in cash. Cheques shall only be accepted on account of payment. Payments shall not be deemed to have been made until the amount on the cheque has been unconditionally credited to the Publisher’s account. Bank charges and fees shall be paid directly by the Buyer.
- In the event of default in payment, all further amounts due to the Publisher at the time such default begins shall be due immediately. The Publisher shall be entitled to cancel the agreement if the Buyer is in default of payment. The Publisher may charge default interest at the statutory rate on the total amount due from the date the default begins. This shall not affect the right to claim any further compensation for damages caused by default. The Publisher shall be entitled to exclude defaulting buyers from further deliveries and to cancel any existing business relations for reasons considered important by the Publisher.
- The Buyer shall only be entitled to return books. Return consignments shall not be accepted without the Publisher’s written consent. The Buyer shall bear all costs and the risk of the return consignment.
- The place of performance for all payment obligations on the part of the Buyer shall be Berlin. The place of jurisdiction for both parties shall be the competent lower court of first instance (Amtsgericht) at the Publisher’s main place of business or the higher court of first instance (Landgericht) in Berlin.
- In addition to the statutory right of withdrawal for consumers, we offer the following fee-based cancellation options for all customers of a conference registration. The customer can cancel his order through a letter or e-mail to Verlag Dr. Albert Bartens KG, Lueckhoffstr. 16, 14129 Berlin, Germany, until 28 days before the start of the event. This is dependent on the reception of the letter / e-mail by the Verlag Dr. Albert Bartens KG. Both a full and partial cancellation or rebooking of individual events will result in a processing fee of EUR 50.00.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Terms and conditions for conference registrations
- The registration for the Conference takes place via Verlag Dr. Albert Bartens KG, which is your contractual partner.
- The presentation of our participation offers does not constitute a binding offer. A binding offer is only completed after clicking the “Confirm order” button, once you have entered all necessary information. If you pay by credit card, you will receive an invoice with the note “Amount received”. If you choose the invoice option, you will receive a pro-forma invoice. Upon receipt of your payment in our account you will receive an invoice marked “Amount received”.
- If the Event is not free of charge, you undertake to pay the relevant fees (all taxes included) as specified on the registration form if you wish to attend the Event. The fees shall be paid in accordance with the conditions set out on the registration form. In the absence of specific conditions on the registration form, the fees shall be paid in accordance with the payment terms as set out on the invoice, but in any case, before the beginning of the Event.
- You can cancel your contract within the first two weeks after ordering, without having to give any written reasons for your cancellation. This two-week period is considered to be started only after receipt of this instruction in writing, but not before receipt of the invoice and confirmation of participation stated in the invoice and not before fulfilment of our information obligations in accordance with § 312 c para. 2 BGB iVm. § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312 e Abs. 1 S. 1 BGB iVm. § 3 BGB-InfoV. The revocation must be sent in time to meet the deadline. The revocation must be sent to
Verlag Dr. Albert Bartens KG
Fax +49 30 803 20 49
Results of a cancellation: In the case of an effective revocation, the mutually received benefits are to be returned to both parties. In addition to the statutory right of withdrawal for consumers, we offer the following fee-based cancellation options for all customers. The customer can cancel his order through a letter or e-mail to the Verlag Dr. Albert Bartens KG, Lueckhoffstr. 16, 14129 Berlin until 28 days before the start of the event. This is dependent on the reception of the letter / e-mail by the Verlag Dr. Albert Bartens KG. Both a full and partial cancellation or rebooking of individual events will result in a processing fee of EUR 50.00.
- Please note that any photo taken at this event may be published. Personal data which has been provided as part of the registration process (name, address, e-mail address) will be processed by Verlag Dr. Albert Bartens KG in order to organize and run this event and to inform and invite participating individuals to future conferences. The provided name, together with the company affiliation, will be published in the list of participants.
General Terms of rental of exhibition space
- General. The following terms and conditions for participants apply to the rental of exhibition space and the related performance of other services (stand construction, sponsoring and promotion facilities) by Verlag Dr. Albert Bartens KG for exhibitors unless otherwise agreed in writing by the contracting parties.
- Registration. Exhibitors may only register by completing all parts of the enclosed form, possibly ordering other services, and accepting the terms and conditions which are laid down here and the Technical Guidelines which will be issued subsequently. The form should be validly signed and sent to: Verlag Dr. Albert Bartens KG, Lückhoffstraße 16, 14129 Berlin, Germany.
In calculating prices, each part of a square metre will be charged as a full square metre. Any areas which are not right-angled will be calculated by standardising them as though they were right-angled. Projections, pillars, columns and areas for utility connections will be included in the calculation of the space. Special requests concerning location, which will be taken into consideration where possible, do not constitute a requirement for participation. Exclusion of competition will not be accepted. Registration is binding, irrespective of notification of approval of an exhibitor on the part of the organisers. The registration will not come into force until it is received by the organisers and is binding up until notification of approval or conclusive non-approval. The exhibitor explicitly understands and agrees that the personal data notified with the registration will be stored, processed or passed on – including by the use of automatic data processing systems – in accordance with BDSG (German Data Protection Act), provided this is necessary solely for business purposes.
- Approval. The decision regarding the right to participate of an exhibitor or an exhibit is made by the organisers, if necessary after a hearing. There is no legal entitlement to approval. Exhibitors who have failed to fulfil their financial obligations to the organisers or who have breached the terms and conditions of participation, the Technical Guidelines or legal requirements, may be excluded from participation. Approval as an exhibitor with the items to be exhibited and the intended technical demonstrations and presentations of services will be confirmed in writing and applies only to the exhibitor named therein. The exhibition contract and any agreements for other services between Verlag Dr. Albert Bartens KG and the exhibitor become legally binding as soon as the approval is sent. Any other services can only be agreed in conjunction with conclusion of the exhibition contract. The approval will include a plan of the exhibition hall on which the position of the stand will be clearly marked. If the content of the stand confirmation differs from the information contained in the exhibitor’s registration, the agreement will come into force on the basis of the stand confirmation, unless revoked in writing by the exhibitor within two weeks. The organisers are entitled to revoke the approval granted, if it was issued on the basis of false assumptions or false information or if the requirements for approval subsequently cease to apply. The organisers may allot the exhibitor a stand at a different location, if circumstances make this mandatory and provided the exhibitor can reasonably be expected to accept such change. The organisers must state the reasons for the reallocation. The organisers reserve the right to move the entrances and exits to the exhibition grounds and the halls, as well as the aisles.
- Terms of Payment. The invoice for participation will be issued to the exhibitor following approval and allocation of a stand. Any complaints must be made in writing immediately on receipt of the invoice. Objections raised at a later date will not be accepted. 50% of the amount of all participation invoices issued by the organisers falls due without any deductions as soon as the invoice is received and is payable no later than 10 days from the date of the invoice. The remaining 50% must be paid no later than 90 days before the exhibition opens. All invoices issued after “90 days before the exhibition opens”, are immediately due and payable in full (100%). Separate invoices are issued for other services or supplies which are ordered separately at a later point in time. Such invoices are due from the date of delivery or provision of the service, but no later than upon receipt of the invoice and payable within 30 days of receipt of the invoice. If registration takes place after the deadline “90 days before the exhibition opens”, the invoice is due either by the date specified in the invoice, or otherwise immediately and must be paid in full no later than 10 days from the date of the invoice. The fees for services are printed on the respective order forms. In cases where invoices are sent to a third party, on the instruction of the exhibitor, the exhibitor remains liable for their payment. Payments, quoting the invoice number and the event to which they relate, should be sent to: Verlag Dr. Albert Bartens KG, Lückhoffstr. 16, 14129 Berlin, and credited to the respective account shown on the invoice. The agreed terms of payment must be observed. If the invoiced amounts are not received on time in the account of the organisers, the latter will be entitled to demand, without prior notice, default interest of 8 per cent p.a. until receipt of the payment by the company, or otherwise 5 per cent p.a. above the baser-ate under § 247 BGB (German Civil Code). In the case of non-observance of the dates for payment (or incomplete payment for the space) by the exhibitor, the organisers may cancel the approved space in its entirety and dispose of it as they see fi t. Regarding compensation, Clause 6 of the terms and conditions applies. In addition, should the payment of 100 per cent of the stand rental not be received by the date for payment specified in the invoice, the stand may not be opened. In the event that any or all obligations are not fulfilled by the exhibitor, the organisers are entitled, by virtue of the right of lien, to retain any stand equipment or exhibition materials brought by the exhibitor. § 562 a BGB (German Civil Code) does not apply, unless sufficient security already exists. If payment is not received within the period prescribed, the organisers are entitled to sell the retained items by private contract, after giving due notification in writing. The organisers do not accept liability for loss of and/or damage to the items retained.
- Co-Exhibitors. It is not permitted to transfer an allotted stand or parts thereof, whether for a fee or free of charge, to a third party. No promotion or advertising activities may be carried out on the stand for products or companies whose names do not appear in the approval.
If a co-exhibitor is to be incorporated, the exhibitor must make an application to the organisers. The co-exhibitor is subject to the same terms and conditions as the main exhibitor. The co-exhibitor must pay the indicated co-exhibitor fee. Moreover, the stand’s main exhibitor still remains liable for the co-exhibitor fee. The incorporation of a co-exhibitor entitles the organisers to terminate the contract with the main exhibitor without notice and to have the stand cleared at the expense of the main exhibitor. The exhibitor waives its rights in this respect, on the grounds of unauthorised independent action. The main exhibitor is not entitled to any compensation claims. Co-exhibitors are deemed to be any and all exhibitors who appear or exhibit on the stand alongside the main exhibitor. They are also considered to be co-exhibitors, when they have close economic or organisational ties with the main exhibitor. Company representatives will not be approved as co-exhibitors. Additional representatives of manufacturers of such equipment, machines or other products as are required but not offered for the demonstration of an exhibitor’s products, are not considered to be co-exhibitors.
- Withdrawal / Termination. Withdrawal from or a reduction in the size of the stand by the exhibitor is no longer possible after approval, unless this is due to gross negligence or intent on the part of Verlag Dr. Albert Bartens KG or the provisions of §§ 323, 324, 326 BGB (German Civil Code) were applicable. The same applies to any other additionally agreed services (service packages, sponsoring and promotion facilities). The participation fee and the cost of the services actually provided must be fully paid. The reallocation of unoccupied spaces by the organisers does not release the exhibitor from its obligation to pay. However, Verlag Dr. Albert Bartens KG explicitly agrees that the rental contract and any other additionally agreed services may be annulled in writing up to and including six months before the start of the exhibition in return for a flat-rate compensation payment of 40 per cent of the total amount of the net basic rental, plus incidental costs and the net costs of any other agreed services. In accordance with Clause 4 (Terms of Payment), any remaining advance payment will be refunded to the exhibitor.
Should a co-exhibitor fail to participate, the co-exhibitor fee must still be paid in full. The withdrawal and non-participation of the main exhibitor simultaneously results in the exclusion of the co-exhibitor and revocation of its approval.Verlag Dr. Albert Bartens KG is authorised to terminate the contract concluded without observing any period of notice and notwithstanding the further liability of the exhibitor for the full rental and the costs incurred, if the exhibitor fails to fulfil the contractual obligations arising from the contract or the supplementary provisions within an additional period set. The same applies if the exhibitor’s financial circumstances have deteriorated, if it has discontinued its payments or an application has been made for instituting legal insolvency proceedings against its assets, or if the exhibitor’s company is in liquidation and if, upon conclusion of the contract, the organisers learn that their claim for payment is jeopardised due to the exhibitor’s poor financial situation.
If the facts inducing Verlag Dr. Albert Bartens KG to terminate the contract come to its knowledge within 6 months before the start of the exhibition, then Verlag Dr. Albert Bartens KG is entitled to a lump-sum compensation of 40 per cent. Should the information come to the notice of Verlag Dr. Albert Bartens KG after six months before the start of the exhibition, the compensation will amount to 100 per cent of the net basic rent plus incidental costs and the net costs of any other agreed services. Where the organisers claim lump-sum compensation, the exhibitor will remain at liberty to prove that no or substantially lower expenses have been incurred by the organisers.
- Advertising on the Exhibition Grounds. Exhibits, printed matter and advertising materials may be displayed only within the rented stand but not be distributed in the aisles or in the exhibition grounds. The only exhibition-related advertising by the exhibitor which will be permitted is that which does not contravene legal regulations or offend common decency or which is not of an ideological or political nature. The organisers are entitled to prohibit the distribution and displaying of advertising materials which may give cause for complaint. They are also entitled to place any supplies of such advertising materials in safe custody for the duration of the event. In the case of contravention of these regulations, the organisers may intervene and require alterations to be made.
- Warranty, Liability, Compensation for Damages, Limitation Period.
8.1. Limitations of liability, exemptions of liability, preclusive time limits and provisions relating to limitation periods in the general terms of business of Verlag Dr. Albert Bartens KG do not apply, if the fault lies with Verlag Dr. Albert Bartens KG , to a breach of cardinal obligations (substantial contractual obligations), and do not apply in the case of damages arising from bodily injury or injury to life or health.
8.2. The exhibitor is obliged to notify Verlag Dr. Albert Bartens KG immediately of any defects of quality verbally and in writing. The exhibitor is entitled to claims only if Verlag Dr. Albert Bartens KG has failed to remedy the defect within a reasonable period of time or if remedial action is impossible or was refused. The exhibitor, however, is entitled only to a termination of the contract without notice or to a proportionate reduction of the price. Any further liability on the part of Verlag Dr. Albert Bartens KG is excluded, unless the damage was due to gross negligence or intent on the part of Verlag Dr. Albert Bartens KG or its vicarious agents or due to a missing guaranteed property. § 536 BGB (German Civil Code) and the provision of 8.1 remain unaffected.
8.3. Exhibitor’s claims for damages with respect to Verlag Dr. Albert Bartens KG, for whatever legal reason, are excluded, unless the damage that has occurred is due to gross negligence or intent on the part of the legal representatives of Verlag Dr. Albert Bartens KG, its employees or vicarious agents. The same applies to direct claims made with respect to the above-mentioned category of persons. The provision of 8.1 also remains unaffected in this case.
8.4 Verlag Dr. Albert Bartens KG accepts no duty of care for the items exhibited and the stand equipment and excludes all liability for damages to these except in case of intent or gross negligence on the part of its employees as well. Verlag Dr. Albert Bartens KG bears none of the exhibitor’s insurable risks. The exhibitor’s attention is drawn expressly to the possibility of taking out its own insurance. Verlag Dr. Albert Bartens KG accepts no liability for loss or damage suffered by the exhibitor as a result of erroneous information relating to the position of the stand, the stand construction or the stand design authorisation, as well as that arising from changes to the size of the stand, where objections were not immediately raised, and other unsatisfactory ser-vice provision, unless Verlag Dr. Albert Bartens KG is responsible for this due to deliberate or negligent behavior by staff. Verlag Dr. Albert Bartens KG also accepts no liability for damages which arise from any alterations made by the proprietors of the exhibition grounds for whatever reason, which are detrimental to the exhibitor.
8.5 Claims of whatever kind on the part of the exhibitor against Verlag Dr. Albert Bartens KG, its vicarious agents or its employees, are to be fi led with Verlag Dr. Albert Bartens KG in writing no later than 14 days after the end of the event. Claims by the exhibitor received at a later date will no longer be considered (preclusive time limit). The provision of 8.1 remains unaffected.
8.6 The exhibitor is only entitled to set off claims with respect to Verlag Dr. Albert Bartens KG if its counterclaims have been found to be legally unappealable, are undisputed, or have been recognised by Verlag Dr. Albert Bartens KG. The same applies to rights of retention involving a businessman, a legal entity under public law or special assets under public law. If the exhibitor does not belong to this category of persons, it is entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
8.7 Verlag Dr. Albert Bartens KG is only liable for damages due to defective quality in the rented rooms/spaces and, if applicable, other rented objects or if the damages are due to the deliberate or grossly negligent breach of its contractual obligations. In case of the failure of any facilities, interruptions, or in case of other occurrences that are detrimental to the event, Verlag Dr. Albert Bartens KG only accepts liability, if it can be proved that these occurrences have been caused by Verlag Dr. Albert Bartens KG or its vicarious agents either deliberately or due to gross negligence. Verlag Dr. Albert Bartens KG does not accept any liability with respect to the exhibitor – unless the action is intentional – for loss of expected profits or other financial losses. This limitation of liability does not apply in the event of grossly negligent action if the exhibitor is not a businessman or is not a legal entity under public law or special assets under public law are not involved. In any case, however, liability on the part of Verlag Dr. Albert Bartens KG is excluded with regard to damage, the scope and amount of which cannot be foreseen. If claims are made with Verlag Dr. Albert Bartens KG on account of a breach of substantial contractual obligations (cardinal obligations) for reasons of only ordinary negligence, liability for damages is limited to the typically foreseeable damage customary to such contracts and limited to the amount of the agreed total price. Insofar as the liability of Verlag Dr. Albert Bartens KG is excluded or limited, this also applies to the personal liability of its employees, co-workers, representatives and vicarious agents. Otherwise, the provision of 8.1 remains unaffected.
8.8 All contractual and statutory claims on the part of the exhibitor with respect to Verlag Dr. Albert Bartens KG fall under the statutes of limitations within 6 months, unless due to deliberate action by the legal representatives of Verlag Dr. Albert Bartens KG, its employees or its vicarious agents. The same applies to direct claims made with respect to the above-mentioned category of persons. The period of limitation begins on the working day following the end of the event. The provision of 8.1 remains unaffected.
- Operation of the Exhibition Stands. During the opening hours of the event, the stand must be adequately staffed and accessible to visitors. Other stands of third parties may not be entered outside the daily opening hours of the exhibition without the permission of the stand-holder.
- Construction and Design of Stands. Guidelines for the construction and layout of the stand are laid down by the organisers and are binding. They will be provided to exhibitors in the Technical Guidelines. The Technical Guidelines for exhibitors and stand-builders form an integral part of the contract. The current version of these guidelines is available upon request. They are subject to subsequent changes which will then be binding for the event. The relevant statutory provisions and administrative regulations are binding on the exhibitor and its contractors. Handling items within the exhibition grounds, i.e. unloading and providing auxiliary technical devices and moving them to the stand, as well as customs clearance for temporary and/or permanent imports, will be the sole responsibility of the organisers’ appointed forwarding agents.
- Technical Services. The organisers are responsible for the general heating, air conditioning and lighting in the halls. The costs for the installation of water, power, compressed air and telecommunications connections for individual stands, as well as the consumption costs and all other services will be charged separately to the exhibitor. All installations may only be carried out by the organiser’s appointed contractor. Within the stand, installations may also be carried out by other specialised firms, the names of which are to be submitted to the organisers on request. The organisers are entitled to inspect the installations but are not obliged to do so. The exhibitor is liable for any damage caused by the installations. Connections, machines and equipment, which are not approved, which do not comply with the relevant terms and conditions or where consumption is greater than that notified, may be removed at the exhibitor’s expense. The stand-holder is liable for any and all damage arising through the unchecked use of energy.
- Waste Disposal, Cleaning. Each exhibitor is responsible for disposing of its own rubbish/waste. Information for the exhibitor about waste disposal facilities on the exhibition grounds is included in the Technical Guidelines. The organisers will arrange for the cleaning of the grounds, the halls, the stands and the aisles.
- Security. The organisers assume responsibility for the general safety of the exhibition halls and the outdoor facilities throughout the actual event. During the construction and dismantling periods general surveillance will be provided. Security provision will begin on the first day of construction and end on the last day of dismantling. The organisers are entitled to implement any measure necessary for safety and surveillance. Exhibitors who want their property guarded must organise this themselves. The general security arranged by the organisers does not restrict their exclusion of liability with respect to damage to persons or property. Extra security during the event may only be provided by the security firm appointed by the venue organiser.
- Domiciliary Rights. Domiciliary rights during the construction and dismantling periods and for the duration of the actual event are exercised jointly throughout the exhibition grounds by Verlag Dr. Albert Bartens KG and the venue organiser. The organisers and the venue organiser are entitled to issue directives. Animals may not be brought into the exhibition grounds and photography is not permitted. The organisers are entitled to commission photographs, sketches and filming of events at the exhibition, exhibition structures and stands and items exhibited and to use them for the purpose of advertising and for publication in the press, without the exhibitor being able to raise objections on any grounds whatsoever. The same also applies to visual or audio reproductions carried out by the press with the authorisation of the organisers.
- Force Majeure. If Verlag Dr. Albert Bartens KG is fully or partially hindered from meeting its obligations due to events of force majeure, it will be released from its obligation to perform this contract until such time as the force majeure has ceased to apply. The exhibitor must, however, immediately be informed to this effect by Verlag Dr. Albert Bartens KG, unless the latter is itself likewise hindered by a case of force majeure. The impossibility of providing adequate auxiliary material or services, like electricity, heating, etc. as well as strikes and lock-outs are equated with an event of force majeure – unless they are only of short duration or attributable to Verlag Dr. Albert Bartens KG. Where in such cases Verlag Dr. Albert Bartens KG has incurred costs for the preparation of the event, these costs will be reimbursed by the exhibitor.
- Miscellaneous. All agreements, individual authorisations and special regulations must be confirmed in writing by the organisers. Where letters of approval contain a reference to the fact that they were produced by the organisers using electronic data processing technology, no other form is required. Otherwise, facsimile signatures are adequate. The terms of participation and any other written agreements will remain valid even if any individual provisions should prove to be invalid. The provision in question must then be interpreted in such a manner that its original commercial and legal intent is achieved as far as possible. The place of jurisdiction and place of performance is the registered office of Verlag Dr. Albert Bartens KG in Berlin, if the client is a businessman, if it has no general place of jurisdiction in Germany, if it has changed its place of abode or its usual place of residence after conclusion of the contract to somewhere outside the territory covered by the applicable law, or if its place of abode or usual place of residence is unknown at the time when proceedings are instituted. Otherwise, the general court of jurisdiction is that of the exhibitor. The law of the Federal Republic of Germany applies to the exclusion of UN purchase law. The German version of the contract is deemed to be accepted as binding.