Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS (GTCS) OF SERVIEW GMBH

(As of December 2021 - Version 4.5)

1. GENERAL TERMS AND CONDITIONS FOR TRAINING SERVICES OF SERVIEW GMBH

§1 General

These General Terms and Conditions apply to publicly offered training courses as well as to in-house training courses and customer-specific qualification programmes of SERVIEW GmbH. Verbal commitments and ancillary agreements require written confirmation by SERVIEW GmbH. The goods and services we offer are aimed exclusively at commercial customers (companies and self-employed persons) as defined by § 14 BGB (German Civil Code).

§2 Booking

Bookings can be made by telephone, in writing (letter, e-mail or fax) and via the website (www.serview.de). If the booked training is available, you will then receive a confirmation of registration from us immediately (date of conclusion of the contract). The number of participants for our training courses is limited. We therefore consider registrations in the order in which they are received. By registering, the customer accepts these General Terms and Conditions as well as the conditions of participation listed in the offers. These General Terms and Conditions shall apply exclusively. Insofar as the client's terms and conditions deviate in whole or in part, they shall not become part of the contract, even if they have not been expressly contradicted. Other provisions shall apply only if SERVIEW GmbH expressly agrees to the customer's terms and conditions.

§3 Data protection

Order processing is carried out with the aid of automatic data processing. The customer gives his express consent to the processing of the personal data disclosed within the framework of contractual relations and necessary for the processing of the order. The personal data collected shall only be used for the purpose of fulfilling the order. With regard to personal data, the current provisions of the EU Data Protection Regulation (EU-DSGVO) and the new Federal Data Protection Act (BDSG_neu) apply. The customer has the right to revoke his consent at any time. All other conditions regarding data protection can be found in the data protection regulations.

§4 CHANGES AND CANCELLATIONS

The calculation of the deadlines is based on the days of the week from Monday to Sunday (seven days), which shall hereinafter be referred to as “days”.

4.1 Public Training

With Training-Flex option (only applies to training courses booked on www.serview.de): If the training course was purchased with the "SERVIEW Training-Flex" option, participation in the training course can be cancelled free of charge by e-mail up to 1 hour before the start of the training course without stating reasons or rebooked once free of charge. In this case, any fees already paid will be refunded within 7 days. The fee for the SERVIEW Training-Flex Option will be deducted from the total amount.

Without Training-Flex Option (or booked via ...byserview.com websites): Registrations for public trainings can be cancelled or rebooked free of charge up to 14 days before the start of the training. In case of cancellation or rebooking 13 days or more (not including the day of the training start), we charge 50% of the training price and the examination fee. You are entitled to send a suitable substitute participant. If the participant does not show up, we will charge you the full training price and examination fee. We reserve the right to cancel a course for organisational and technical reasons (e.g. if the minimum number of participants of at least 2 is not reached or if the trainer is unable to attend due to illness). In the event of a cancellation by SERVIEW GmbH, a rebooking will be made for another date and/or another venue with the agreement of the participants. If a rebooking is not possible, SERVIEW GmbH will refund any payments made in this context. Further claims for e.g. travel expenses or accommodation costs shall not arise. The same also applies to appointments with the SERVIEW appointment guarantee.

4.2 In-house Training

Committed training dates can be cancelled or rebooked free of charge up to 21 days before the start of the training. In the event of cancellation from 20 days (not including the day of the start of the training) before the start of the training up to 7 days before the start of the training, we will charge 50% of the training price, the examination fees and the costs incurred as a result. In the case of cancellation or rebooking of the training from 6 days before the start of the training, we will charge you the full training price, the examination fees and the costs incurred as a result. We reserve the right to cancel for organisational and technical reasons, e.g. if the trainer is unavailable due to illness. In the event of a cancellation by SERVIEW GmbH, an attempt will be made to arrange a new event date with you.

4.3 Live Online Training

The subject of the service is the participation in a virtually conducted training. When booking the training, the customer agrees to fulfil the necessary technical requirements on the part of the participant. The requirements can be viewed on the website at any time. With regard to §4 "Cancellation, Modification and Cancellation", either the conditions of points 4.1 (Public Training) or 4.2 (In-house Training) apply to Live Online Trainings. In addition to points 4.2 or 4.3, no claims may be made in the event of technical problems on the part of participants or failure to meet technical requirements that were not caused by SERVIEW GmbH.

4.4 Room Bookings (Overnight Stays)

Bookings made in the SERVIEW boarding house in connection with a public training course may be cancelled free of charge up to 14 days before the start of the training course. If you cancel or change your booking within 14 days of the start of the training, we will charge 50% of the accommodation costs (not including the day the training starts). If the participant does not show up for the training, we will charge you the full cost of the overnight stay. By making a booking, you do not acquire any entitlement to the provision of specific rooms. Booked rooms are available from 3 p.m. local time on the day of arrival. On the agreed day of departure, check-out must take place by 10 a.m. local time at the latest.

4.5 Promotions

Public training courses booked, for example, as part of public discount campaigns, combination campaigns, or anniversaries cannot be cancelled free of charge. After confirmation by SERVIEW GmbH, the training dates can be rebooked according to the time periods specified by the promotion, and you are entitled to send a substitute participant. If the training participant does not appear or the training is cancelled, we will charge 100% of the training price and the examination fees. We reserve the right to cancel for organizational and technical reasons (e.g., if the dependent minimum number of participants is not reached or the trainer is unable to attend due to illness). In the event of a cancellation by SERVIEW GmbH, with the agreement of the participants, rebooking will be made for another date and/or another venue. In the event of cancellations or changes by SERVIEW, the benefits of the promotion shall remain unaffected. Further claims such as for travelling or accommodation costs are excluded.

§5 Fees and payment targets

All prices are exclusive of statutory value-added tax. Unless otherwise agreed, training fees are per person and to be paid without deduction by the start of the training. Only intermittent participation in the training sessions does not entitle the participant to a price reduction. If payment has not been received in the account specified in the invoice by the start of the training or if no corresponding proof can be presented, we reserve the right to decide on the participation. The payment obligation remains unchanged regardless of this. Unless otherwise agreed, the term of payment is 14 days from the date of invoice to the account details stated in the invoice.

§6 Deviation from execution

SERVIEW GmbH has the right to change the time and/or location of all training courses, including those with a guaranteed date, and to cancel them on short notice, if necessary. If a training course is cancelled, SERVIEW GmbH shall offer alternative dates for it. If no suitable date can be found, SERVIEW GmbH shall refund fees already paid. Claims for reimbursement of travel and accommodation costs and costs incurred through lost work time are excluded, unless these costs are incurred due to gross negligence on the part of SERVIEW GmbH.

Furthermore, SERVIEW GmbH reserves the right to change the trainer named on the website at short notice, and it is not necessary to give any reason for this. The change of the named trainer shall not entail any right to cancellation of the booked training and shall result in the application of §4.

§7 Copyright and trademarks

We reserve all rights, including translation, reprinting, and reproduction of the training documents or parts thereof. No part of the training documents may be reproduced in any form – not even in part – without our written permission, including for the purpose of teaching, in particular processed, copied, distributed, or used for public reproduction using electronic systems. Various software solutions are used in SERVIEW GmbH training courses, which are protected by copyright and trademark rights. The software solutions may not be copied or processed in any other machine-readable form and may not be removed from the training room. Furthermore, the German and European copyright regulations apply.

§8 Liability

The tuition and exercises in the training courses are designed to enable an attentive participant to reach the goals of the training. However, we are not liable for the training success. If §309 Nos. 7 and 8 of the German Civil Code (BGB) do not apply, we are liable for damages caused by our employees intentionally or through gross negligence, irrespective of the legal basis, once and limited to the equivalent value of the service provided, but up to a maximum amount of EUR 10,000. Any further liability is excluded. SERVIEW GmbH is not liable for damages caused by viruses on copied data carriers, and this also applies to Public Domain Software. Data carriers brought by participants may not be used on our computers, unless it has been expressly agreed with us in writing. SERVIEW GmbH reserves the right to seek compensation for any damages caused to it through an infringement of this rule.

§9 Registered trademarks

We do not warrant that the products, methods, or other names mentioned are free of intellectual property rights of third parties.

§10 Miscellaneous

The contractual relationship and its performance shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the provisions of the CISG. This choice of law also applies to consumer contracts, provided that Art. 29 of EGBGB (Introductory Act to the German Civil Code) does not conflict with it.

§11 Force majeure and impediments to performance

SERVIEW GmbH shall not be liable for events of force majeure that significantly impede SERVIEW GmbH’s contractual performance or temporarily hinder or render impossible the proper performance of the contract. Force majeure shall be deemed to be all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, decisions by authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor unrest, confiscation, embargoes, or other circumstances that are unforeseeable, serious, and beyond the control of the contracting parties and occur after the conclusion of the contract. If SERVIEW GmbH is prevented from fulfilling its contractual obligations due to force majeure, this shall not be deemed a breach of contract and the deadlines set forth in or based on the contract shall be reasonably extended in accordance with the duration of the impediment. The same shall apply insofar as SERVIEW GmbH is dependent on the advance performance of third parties and such performance is delayed. Each party to the contract shall do everything in their power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The party affected by force majeure shall promptly notify the other party in writing of the beginning and end of the impediment in each case.

§12 Severability clause

Should one or more provisions of these General Terms and Conditions be or become invalid or should the text of this contract contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provision by appropriate provisions which correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

2. GTCs for the consultancy services by SERVIEW GmbH

§1 Scope of application

The General Terms and Conditions for Consultancy Services of SERVIEW GmbH shall apply to all consultancy services provided by SERVIEW GmbH to the customer and to all activities in connection with the consultancy. The General Terms and Conditions for Consultancy Services of SERVIEW GmbH shall also apply accordingly if SERVIEW GmbH provides other services in addition to or instead of consultancy. All orders shall require written confirmation by SERVIEW GmbH. This form may only be waived by written agreement. The services we offer are aimed exclusively at commercial customers (companies and self-employed persons). Therefore, the sale of consultancy services shall also only be made to commercial customers within the meaning of §14 of the German Civil Code (BGB).

§2 Execution of consultancy services

SERVIEW GmbH shall provide the consultancy service within the period agreed in writing in accordance with the principles of proper professional practice by qualified employees. SERVIEW GmbH reserves the right to select the employees who shall provide the consultancy services.

§3 Cooperation of the customer

The customer shall support SERVIEW GmbH in the consultancy services to be rendered as agreed. In doing so, the customer shall create, free of charge, all conditions in their sphere of operation that are necessary for the proper performance of the consultancy services. In particular, the customer shall, to the extent necessary, provide work rooms for the employees of SERVIEW GmbH, including the necessary work equipment as required, and to a sufficient extent, appoint a contact person who shall be available to the employees of SERVIEW GmbH for information and questions, among others, during the agreed working hours. This contact person shall also be authorized to make declarations, which are necessary as an interim decision within the scope of the continuation of the order and provide all necessary information and documents.

§4 Dates

If SERVIEW GmbH is in default with the completion of the agreed consultancy services, the customer shall be entitled to terminate the relevant order without notice after the fruitless expiry of a reasonable grace period granted to SERVIEW GmbH. Any claims for damages on the part of the customer due to delayed performance shall be limited to 0.5% per completed week for the period of the delay, but not exceeding 5% of the order value in question. SERVIEW GmbH shall not assume any further liability in the event of delay, unless liability is mandatory in cases of intent or gross negligence.

§5 Default of the customer

If the customer fails to cooperate or delays cooperating in accordance with clause 3 or a separate agreement, SERVIEW GmbH shall nevertheless be entitled to demand the agreed remuneration for the consultancy services not provided as a result, without being obligated to provide additional services. If SERVIEW GmbH decides to provide the consultancy services nevertheless, this shall be done only after reasonable adjustment of the schedule. If the customer defaults on the acceptance of the consultancy services – or if they fail to fulfill an obligation to cooperate incumbent upon them – despite a reminder and the setting of a deadline, SERVIEW GmbH shall be entitled to terminate the contract without notice on the one hand, and on the other hand this shall not affect their obligation to pay the agreed remuneration. Irrespective of the assertion of this right of termination, SERVIEW GmbH shall be entitled to compensation for the damage caused by the default. Claims for compensation for any additional expenses shall remain unaffected..

§6 Rights to work results

Unless otherwise agreed in individual cases, SERVIEW GmbH shall grant the customer a non-exclusive, non-transferable right of use, not limited in time, for internal use in respect of work results produced in the course of the consultancy.

§7 Remuneration

Remuneration for consultancy services provided by SERVIEW GmbH shall be calculated on the basis of the time spent on the work, as well as travel and, if applicable, accommodation expenses, unless otherwise agreed in the individual case. Remuneration shall be based on the hourly rates in effect at the time of receipt of the order or on an offer accepted by SERVIEW GmbH during the binding period. However, if the date on which the consultancy services are to be rendered is postponed due to circumstances for which SERVIEW is not responsible or due to force majeure until a date later than three (3) months after receipt of the original order, the then applicable hourly rates shall be used as the basis for the remuneration to be paid in the event of a change in the hourly rates that has occurred in the meantime. The respective consultancy fee shall be due immediately upon receipt of the invoice without deduction. SERVIEW GmbH shall be entitled to charge interest of 3% above the respective discount rate of the Deutsche Bundesbank in commercial business transactions when payment is due, otherwise in the event of default in payment.

§8 Liability

If SERVIEW GmbH’s consultancy services result in direct damage, SERVIEW GmbH shall be liable for such damage in the event of intent and gross negligence, the absence of warranted characteristics, and in the event of personal injury and damage to privately used property in accordance with product liability law. Liability for the recovery of data shall be excluded unless SERVIEW GmbH causes their destruction intentionally or through gross negligence and the customer has ensured that these data can be reconstructed with reasonable effort from data material held in machine-readable form. All other claims for damages – for whatever legal reason – against SERVIEW GmbH and its vicarious agents shall be excluded.

§9 Secrecy / data protection

Each of the two parties shall be obliged not to disclose to third parties or otherwise make available to third parties all information and documents of the other party which become accessible to them in connection with the performance of this agreement. This shall also apply to the work results pursuant to clause 5. Each party shall take the necessary precautions in their sphere of operation to ensure compliance with the above obligations. These obligations shall apply to the extent and until the aforementioned information or documents are demonstrably in the public domain without the intervention of the party obliged to maintain secrecy. SERVIEW GmbH undertakes to comply with the provisions of the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation, and in particular not to use any personal data that SERVIEW GmbH or its employees process or handle within the scope of this contractual relationship for any purpose other than fulfilling the respective task. SERVIEW GmbH shall be obliged to entrust only personnel who have been obligated to maintain data secrecy with the performance of the order. This data secrecy obligation shall continue to exist even after the expiry of the respective contractual relationship. In the event of violations of data secrecy or other relevant legal provisions, both the BDSG and the GDPR provide for fines or imprisonment. If, within the scope of an agreed project, SERVIEW GmbH is connected to an information technology network operated by the customer, SERVIEW GmbH shall be obliged to prevent unauthorized access by third parties to the customer’s network via this connection for the duration of the connection.

§10 Duty of loyalty

The parties undertake to be loyal to each other. They shall inform each other without delay of all circumstances arising in the course of the execution of the project which may affect the processing. In particular, they shall refrain from hiring or otherwise employing people who are or were active in the course of the execution of the order before the expiry of twelve months after the end of the cooperation. The customer undertakes to inform the consultant without delay of any intention to terminate or change the employment of any of the consultant’s staff employed to carry out the assignment.

§11 Impediments to performance

Events of force majeure and other events which make performance substantially more difficult or temporarily impossible shall entitle the respective party to postpone the performance of their service for the duration of the hindrance and to a reasonable start-up period. Industrial disputes and similar circumstances shall be deemed equivalent to force majeure insofar as they are unforeseeable, serious, and not resulting from the fault of either party. The parties shall notify each other immediately of the occurrence of such circumstances.

§12 Right of retention on the part of the contractor

SERVIEW GmbH shall have a right of retention to the documents provided to it until its claims have been settled in full. However, the exercise of such right of retention shall be in breach of trust if the retention would cause disproportionately high damage to the customer that cannot be justified when both interests are weighed. After settlement of its claims under the contract, SERVIEW GmbH shall surrender all documents which the customer or a third party has handed over to it on the occasion of the performance of the order. This shall not apply to correspondence between the parties and to simple copies of reports, organization charts, drawings, lists, and calculations, among others, prepared within the scope of the order, provided that the customer has received the originals. SERVIEW GmbH’s obligation to retain the respective documents shall expire six (6) months after delivery of the written request for collection, otherwise three (3) years, and in the case of documents retained pursuant to paragraph 1, five (5) years after termination of the contractual relationship.

§13 Miscellaneous

The rights arising from this agreement may be assigned by the customer only with the prior written consent of SERVIEW GmbH. Any deviating, contradictory, or supplementary terms and conditions shall require the express written consent of SERVIEW GmbH. The customer may not assert any right of retention unless it concerns claims arising from the same contractual relationship. The customer may only offset claims that have been acknowledged by SERVIEW GmbH in writing or that have been legally established. The place of jurisdiction for all contractual claims and claims in connection with the concluded contract shall be Bad Homburg, provided that the customer is a registered merchant. SERVIEW GmbH shall also be entitled to assert claims before the court having jurisdiction over the customer’s registered office.

§14 Force majeure and impediments to performance

SERVIEW GmbH shall not be liable for events of force majeure that significantly impede SERVIEW GmbH’s contractual performance or temporarily hinder or render impossible the proper performance of the contract. Force majeure shall be deemed to be all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, decisions by authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor unrest, confiscation, embargoes, or other circumstances that are unforeseeable, serious, and beyond the control of the contracting parties and occur after the conclusion of the contract. If SERVIEW GmbH is prevented from fulfilling its contractual obligations due to force majeure, this shall not be deemed a breach of contract and the deadlines set forth in or based on the contract shall be reasonably extended in accordance with the duration of the impediment. The same shall apply insofar as SERVIEW GmbH is dependent on the advance performance of third parties and such performance is delayed. Each party to the contract shall do everything in their power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The party affected by force majeure shall promptly notify the other party in writing of the beginning and end of the impediment in each case.

§14 Severability clause

Should one or more provisions of these General Terms and Conditions of Business be or become invalid or should the text of this contract contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provision with appropriate provisions that correspond as closely as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall not be affected thereby.

 

3. GTCs FOR PARTICIPATION AS AN EXHIBITOR AT SERVIEW GMBH EVENTS

§1 REGISTRATIONS

Registration for participation as an exhibitor is effected by timely receipt of the registration form. This form must be completed in full and signed with a legally binding signature. The registration shall be deemed to be a contractual offer to SERVIEW GmbH. By signing, the applicant accepts the General Terms and Conditions as binding. He shall be liable for ensuring that the persons employed by him at the event also comply with these terms and conditions. The registration deadline for the event is 14 days before the start. SERVIEW GmbH shall confirm receipt of the registration in writing. This confirmation does not constitute acceptance of the contract offer by the applicant and therefore does not establish any legal claim to admission as an exhibitor.

§2 ADMISSION/CONFIRMATION OF ORDER

SERVIEW GmbH shall decide whether to admit the applicant as an exhibitor by means of its written order confirmation. The contract shall be concluded upon confirmation. Reservations and conditions included in the application shall require written confirmation by SERVIEW GmbH to be effective. SERVIEW GmbH may exclude individual exhibitors from participation for objectively justified reasons, in particular if the available stand space is insufficient.

§3 USE OF STAND SPACE

The placement of booths shall be determined by SERVIEW GmbH. Placement requests expressed in the application shall be taken into account as far as possible; however, the exhibitor shall have no claim. An exchange of the allocated stand space with another exhibitor or a partial or complete transfer of the stand space to a third party is not permitted without the consent of SERVIEW GmbH.

§4 JOINT EXHIBITORS

If several exhibitors wish to rent a stand area together, you must name a joint exhibition representative authorised by you in the registration form, who is the binding contact person for SERVIEW GmbH.

§5 SUB-EXHIBITORS/CO-EXHIBITORS

Stand space shall only be made available to an exhibitor as a whole. The exhibitor shall only be entitled to include co-exhibitors or sub-exhibitors in its booth with the prior written consent of SERVIEW GmbH. The admission of one or more co-exhibitors or sub-exhibitors shall be subject to an additional fee. The main exhibitor is liable for the fulfilment of all exhibitor obligations by the co-exhibitor(s).

§6 FEES AND PAYMENT TARGETS

Invoices issued by SERVIEW GmbH are payable without deduction at the times stated. All prices are exclusive of statutory value-added tax. Invoices are due 30 days before the start of the event. Stand booking can only be guaranteed if payment has been received.

§7 RIGHT OF PAYMENT

Payment of the invoice by the stipulated date is a prerequisite for the use of the allocated stand area. To secure its claims, SERVIEW GmbH reserves the right to exercise the lessor's lien and to sell the pledged goods by private contract after giving written notice. SERVIEW GmbH shall not be liable for any damage to the pledged goods, except in the case of intent or gross negligence.

§8 PROHIBITION OF SET-OFF, RIGHT OF RETENTION

The exhibitor shall have no right of set-off or retention unless the claim is undisputed by SERVIEW GmbH or has been finally adjudicated.

§9 CANCELLATION OF REGISTRATION

After admission, the exhibitor shall pay the full fee even if he cancels or does not participate. SERVIEW GmbH further reserves the right to assert claims for damages. 

§10 REVOCATION OF ADMISSION AND STAND SPACE

SERVIEW GmbH shall be entitled to revoke admission and allocate the stand area to another exhibitor in the following cases: The exhibitor is in arrears with payment of the fee by the set dates. SERVIEW GmbH need not set a deadline with the threat of refusal. The conditions for stand space confirmation on the part of the registered exhibitor are no longer met or SERVIEW GmbH subsequently becomes aware of reasons, e.g. the exhibitor filing for insolvency, the timely knowledge of which would have justified non-admission. The exhibitor violates SERVIEW GmbH's domiciliary rights. In all such cases, SERVIEW GmbH reserves the right to assert further claims for damages.

§11 STAND CONSTRUCTION, STAND EQUIPMENT, STAND DESIGN

The exhibitor shall be obliged to comply with the regulations applicable at the venue, in particular trade and building regulations and the building regulations of SERVIEW GmbH. SERVIEW GmbH reserves the right to prohibit the construction of unsuitable or inadequately equipped booths or to modify them at the exhibitor's expense. Set-up must be completed and the booth cleared of packaging material by the start of the event at the latest. The removal of exhibits and dismantling of booths before the end of the event is not permitted. The exhibition of particularly large or heavy exhibits shall require the consent of SERVIEW GmbH. Anchors in the floor, walls or ceiling of the exhibition rooms are not permitted. Damage caused by improper handling or not reported immediately after the occurrence of damage shall be compensated by the exhibitor. Exhibits still on the booths after the final dismantling date may be removed and stored at the exhibitor's expense.

§12 FORCE MAJEURE

If the exhibitor is unable to participate due to circumstances for which neither he nor SERVIEW GmbH are responsible (force majeure), the stand rent shall be reduced by half. "§9 Withdrawal from registration" regarding a substitute tenant shall apply accordingly. In principle, the claim to stand rent shall lapse, but SERVIEW GmbH may invoice the exhibitor for work commissioned from it in the amount of the expenses incurred, insofar as the result of the work is still of interest to the exhibitor. If SERVIEW GmbH is able to hold the event at a later date, it shall inform the exhibitors of this without delay. The exhibitors shall be entitled to cancel their participation on the changed date within one week of receipt of this notification. In this case, they shall be entitled to a refund or waiver of the stand rent. If SERVIEW GmbH has to shorten or cancel an event that has already begun due to force majeure, the exhibitor shall not be entitled to a refund or waiver of the stand rent (fee). SERVIEW GmbH shall not be liable for events of force majeure that make it considerably more difficult for SERVIEW GmbH to perform the contract or temporarily hinder or render impossible the proper performance of the contract. Force majeure shall be deemed to be all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, decisions by authorities, blockades, war and other military conflicts, mobilisation, civil unrest, terrorist attacks, strikes, lockouts and other labour unrest, confiscation, embargoes or other circumstances that are unforeseeable, serious and beyond the control of the contracting parties and occur after the conclusion of the contract. If SERVIEW GmbH is prevented from fulfilling its contractual obligations due to force majeure, this shall not be deemed a breach of contract and the deadlines set forth in or based on the contract shall be reasonably extended in accordance with the duration of the impediment. The same shall apply insofar as SERVIEW GmbH is dependent on the advance performance of third parties and such performance is delayed. Each party to the contract shall do everything in its power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The Party affected by the Force Majeure shall promptly notify the other Party in writing of the beginning and end of the impediment in each case.

§13 ADVERTISING

Advertising of any kind is only permitted within the stand area rented by the exhibitor for the exhibitor's own company and only for the products manufactured or distributed by it, provided that these have been registered and approved. The use of devices and equipment intended to achieve an increased advertising effect in a visual or acoustic manner (loudspeakers, film or video presentations) shall require the written consent of SERVIEW GmbH. Advertising of a political nature is generally not permitted.

§14 PHOTOGRAPHING

SERVIEW GmbH shall be entitled to have photographs, drawings and film recordings made of the exhibition, the exhibition structures and booths and the exhibited items and to use them for advertising or press publications without the exhibitor being entitled to object on any grounds whatsoever. This also applies to recordings made directly by the press or television with the consent of the exhibitor.

§15 SUPERVISION/GUARDING

Exhibitors are strongly advised to ensure that their own booth and exhibits are supervised and to avert damage by taking out appropriate insurance cover. Valuable, easily removable objects must be locked up at night.

§16 LIABILITY/INSURANCE

DIE SERVIEW GmbH shall be liable to the exhibitor and its agents for any damage demonstrably incurred on the exhibition grounds during the event, up to an amount of 5,000.00 euros, only if the exhibitor or its agents are at fault. The aforementioned limitation shall not apply in cases of intent or gross negligence, or in cases of injury to life, body or health. SERVIEW GmbH shall be liable for damages in the event of failure of facilities, operational disruptions or other events affecting the event only in the event of intent or gross negligence. SERVIEW GmbH shall not be liable for damage, theft or other loss of exhibition goods and stand equipment and consequential damage. The exhibitor shall be liable to SERVIEW GmbH in accordance with the statutory regulations. The conclusion of exhibitor insurance is strongly recommended. In the event of cancellation of the event, the exhibitor may not assert any claims for damages against SERVIEW GmbH arising from expenses already incurred.

§17 INDUSTRIAL PROPERTY RIGHTS

The exhibitor shall be responsible for securing copyrights or other industrial property rights to the exhibits.

§18 HOUSE RULES AND INFRINGEMENTS

During the event, the exhibitor submits to the domiciliary rights of SERVIEW GmbH. The instructions of the staff employed there shall be obeyed. Violations of the General Terms and Conditions of Business or of the instructions within the scope of domiciliary rights shall entitle the organiser, if the violation is not discontinued after demand, to close the booth immediately without compensation at the expense of the exhibitor and without liability for damages.

§19 CHOICE OF LAW, PLACE OF PERFORMANCE AND JURISDICTION

The mutual rights and obligations arising from this contractual relationship shall be governed by the laws of the Federal Republic of Germany. The place of performance for payment obligations shall be the registered office of SERVIEW GmbH, Bad Homburg. This shall also apply to the place of jurisdiction if the exhibitor is a registered merchant or a legal entity under public law or has no general place of jurisdiction in Germany.

§20 DATA PROTECTION

Order processing is carried out with the aid of automatic data processing. The customer gives his express consent to the processing of personal data disclosed in the course of contractual relations and necessary for the processing of the order. The personal data collected shall only be used for the purpose of fulfilling the order. With regard to personal data, the current provisions of the EU Data Protection Regulation (EU-DSGVO) and the new Federal Data Protection Act (BDSG_neu) apply. The customer has the right to revoke his consent at any time. All further conditions regarding data protection are contained in the data protection regulations.

§21 SEVERABILITY CLAUSE

Should one or more provisions of these General Terms and Conditions be or become invalid, or should this contract text contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provision with appropriate provisions which correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

4. GENERAL TERMS AND CONDITIONS FOR PARTICIPANTS IN A FREE ONLINE EVENT OF SERVIEW GMBH

§1 REGISTRATION

After receipt of your registration, you will receive a validation e-mail from us and consequently access to the online event platform.

§2 BOOKING & CANCELLATION

Participation in the online events is free of charge. 

§3 EVENT DOCUMENTATION AND CONTACT TRANSFER

By registering for an online session (online lecture/webinar) or visiting an exhibitor's booth, the data subject consents to the forwarding of personal data by the responsible party to the exhibitor for use for information and advertising purposes. This also applies to the Head-to-Head Talks, with the extension that the data subject consents to the forwarding of the personal data by the responsible person to the exhibitors participating in the Head-to-Head Talk for the purpose of use for information and advertising purposes. The deletion of the personal data will be carried out in accordance with the standard procedures of the processing companies and can also be initiated directly by the data subject. If you do not consent to this, please inform us in writing.

§4 SEVERABILITY CLAUSE

Should one or more provisions of these General Terms and Conditions be or become ineffective, or should this contract text contain a loophole, the contracting parties shall replace or supplement the ineffective or incomplete provision with appropriate provisions which correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

SERVIEW GmbH
Gartenstraße 23
61352 Bad Homburg
P +49 6172 17744-0
F +49 6172 17744-99
email: info@serview.de