General terms & conditions
of Kongress- und Kulturmanagement GmbH (KUKM)
cited 28 August 2024
§ 1 - Scope of the Terms
These business terms shall apply to all performances of KUKM. These terms therefore also apply to all future business relationships, even if they are not explicitly agreed again. The terms are considered accepted at the latest upon receipt of the performance of services. We hereby expressly contradict any and all adverse confirmations of customers referring to their terms and condition.
§ 2 - Contract and Conclusion of a Contract
All contracts with KUKM require the written form. Contracts on performance must be drawn up by the customer on the enclosed form and require acceptance of these participation terms. A contract becomes binding for the customer upon signature by the customer. The customer is committed to the proposal for 6 weeks following receipt of registration by KUKM. KUKM’s written confirmation of the contract signifies conclusion of contract between the customer and KUKM.
If the specifications of the confirmation deviate from the registration of the customer, unless the customer objects within 2 weeks following receipt of the confirmation, conclusion of contract takes place in accordance with these specifications or contents of the confirmation. This condition applies only if the customer is a dealer.
If the customer is not a dealer, the customer has one week following receipt of confirmation (in which the specifications deviate from registration) to reconfirm the deviation in writing. If this does not take place, KUKM is no longer bound to the proposal which differs from the registration requirements.
The same applies when the original customer order is not confirmed in writing within 6 weeks by KUKM.
§ 3 - Performances
1. Industrial and trade fairs / stand rental
KUKM is required to produce an exhibition plan and to allocate the stand sites at its own discretion. This will be carried out following the wishes of the customer regarding location of the stand insofar as possible. KUKM may, if circumstances demand and demonstrating the reasons for this – deviate from the contractual specifications – to make minimal alterations to the stand’s size and its measurements (stand width and depth). The above does not on any account entitle the customer on his part to withdraw from the contract. If the space
allotted or a substitute space is not available caused by the fault of KUKM, the customer is then entitled to a refund of the contractual price. Further claims in this case, in particular for compensation are debarred. This does not apply to any willful or grossly negligent breach of duty on the part of KUKM. A breach of duty by a statutory representative or auxiliary person of KUKM is deemed to be the equivalent of a breach of duty by KUKM. The location of the stand allotted to the customer will be detailed on a plan. The plan will contain in as
much detail as possible the coverage of the stand. It is in the customer’s interests to verify the correctness of the plan before setting up the stand. The details in the plan are for information only and non-binding. The details of the plan may be subject to certain changes. Any objection to the stand’s location as specified in the plan must be submitted within eight days. Once this deadline has been exceeded, the suggested location istaken to be agreed to by the customer.
2. Stand set up and preparation of the event stand
The customer is required to comply with the technical regulations at the event location when setting up and equipping the event stand. The technical regulations in operation at the event site are part of the contract and will be included with these terms. If the technical guidelines are not followed or if defects uncovered before the event begins are not corrected, operation of the stand, possibly the event itself may be prohibited in the interests of all event participants.
3. Advertising/printed promotional material
The customer shall submit any samples for advertising or printed promotional material on film or ISDN together with colour printing proofs. The customer must independently ensure at his own cost and own risk that the samples arrive at the destination specified by KUKM by the date given. If the colour proof does not arrive with the ISDN transfer, KUKM will not accept any guarantee for true-ness of colour.
If event articles e.g. flyers, etc., samples or articles to be provided by the customer such as bags, etc. have not been submitted to KUKM by the date given at the location specified, the customer is no longer entitled to the performances ordered through KUKM. In such a case KUKM is entitled – insofar as this is an option – to provide a substitute for the services and charge the costs to the customer. The resulting costs including incidental additional costs must be reimbursed to KUKM by the customer. If KUKM does not exercise this entitlement, KUKM will receive the agreed remuneration for the subcontracted performances less the expenditure saved. Saved expenditure is limited to 10% of the remuneration for the services which have not been performed or part performed. However, the customer is eligible to prove that KUKM has had higher savings on expenditure.
4. Sponsoring
The details of the sponsoring payments shall be agreed individually with the customer. Agreement to sponsor requires the customer to contribute to the financing of the total event. The customer has the opportunity to attend, that is to say, appear as sponsor within the framework of the events or the services performed by KUKM. The details of which shall be reconciled with the customer within the framework of a separate contract. A sponsoring contract may only be cancelled by either party for compelling reasons. A compelling reason is in particular when the sponsored event or the sponsored project proves to be unfeasible due circumstances for which KUKM is responsible or there are unforeseeable and/or unavoidable circumstances, in particular licensing requirements, statutory prohibitions or force majeure.
In connection with the sponsoring, KUKM assures to comply with the relevant regulations and codes for the respective professional groups (e.g. FSA, MediTech, BVmed, etc.) and in particular regarding the requirements for accommodation, catering and venues as well as the forbid of entertainment programs.
§ 4 – Remuneration/Payment Conditions
The invoice will be dispatched to the customer at the same time as the confirmation. Unless other-wise agreed, the invoice shall be paid by 10 days after date of invoice at the latest, no discounts will be made. Payment is deemed to have been made when the KUKM has access to the credited amount. KUKM is entitled to withdraw from the agreement if no payment has been registered by the start of the event. In a case of default of payment, KUKM claims for compensation will be in accordance with § 5 no. 2 of these terms.
The prices listed are net, statutory sales tax will be added. The prices are valid for the duration of the event.
KUKM is entitled to claim a compensation fee of 40 EUR for administrative expenses and internal costs of the creditor due to default of payment. This applies regardless of default interests and the compensation of external recovery costs.
If the customer defaults on payment, KUKM is entitled to demand interest from the pertinent date. The interest charged for default of payment, insomuch as the customer is a consumer, will be 5% above the current base rate, if no consumer is involved, then the rate is 9% above the current base rate. The higher level of interest will be applied if KUKM demonstrates a higher encumbrance.
§ 5 – Premature termination of contract and settlement
The contract can only be terminated for good cause by both the client and KUKM. The termination must be in writing. Good cause shall be deemed to exist in particular if the event proves to be unfeasible due to unforeseeable and/or unavoidable events, in particular force majeure, official requirements or legal prohibitions.
If the contract is terminated by the client for a reason for which KUKM is not responsible, KUKM shall be entitled to remuneration for the services rendered by it in fulfillment of the concluded contract until receipt of the notice of termination as well as to reimbursement of the costs already incurred by it up to that point in time and the costs it will unavoidably incur in connection with the contractual services thereafter. The same shall apply if the contract is terminated by KUKM for a reason for which the client is responsible or if the event does not take place or does not take place in full for a reason for which KUKM is not responsible.
If the contract is terminated for a reason for which the client is responsible or if KUKM is unable to provide the contractually owed services or is unable to provide them in full for a reason for which the client is responsible, KUKM shall be entitled to compensation for its loss of profit in addition to the claims against the client under paragraph 2. The loss of profit shall be calculated from the contractually agreed net remuneration with regard to the contractual services not yet provided by KUKM less the expenses saved by KUKM in this respect. The expenses saved shall be set at 10% of the net remuneration for the services not yet provided. The client reserves the right to prove that KUKM has saved higher expenses or that it has incurred a lower loss of profit by offsetting what it has acquired or maliciously failed to acquire through other use of its labor or other utilization of the services owed by it under the contract. KUKM reserves the right to assert further claims for damages.
§ 6 – Liability/Compensation Claims
Guarantee and compensation claims by the customer shall conform to the statutory regulations insofar as nothing else has been arranged. Customer claims against KUKM for contractual or criminal claims are debarred. This exclusion does not however extend to damage claims due injury of life, body or health, when KUKM is responsible for gross breach of duty, and for any other damage which is based on wilful or grossly negligent breach of duty by KUKM. Breach of duty by KUKM applies equally to a statutory representative or auxiliary person of KUKM.
KUKM is entitled to reschedule, curtail, extend, close or partially close for a period or cancel an event on the grounds of extraordinary circumstances beyond the control of KUKM. In such justified, exceptional cases and in any circumstances beyond the control of KUKM, in particular in cases of force majeure, licencing requirements or statutory prohibitions, the customer has no claim to a re-duction in the contractually agreed price or compensation.
If an event is cancelled on grounds named above, a refund of the contract price is limited to that not yet exhausted by KUKM or to the funds which KUKM has received as the surrogate of a third party. The remaining disposable funds shall be divided proportionally among the customers. The same applies for the partial cancellation of an event.
KUKM additionally retains the right to reschedule the event within one year following the original contractually agreed date under the same conditions. In such a case, the customer is neither entitled to withdraw or cancel this contract nor to a reduction in or return of remuneration. Entitlement to compensation by the customer is only permissible insofar as there is willful or gross breach of duty by KUKM or an auxiliary person of KUKM involved in the cancellation of the event.
If KUKM is responsible for cancellation of the event, the customer does not owe the contract price or part of the contract price. Claims for compensation from KUKM on these grounds are only permissible insofar as there is willful or gross breach of duty by KUKM or an auxiliary person of KUKM.
Breach of duty claims by the customer in connection with the contract or claims to compensation become invalid after a year. The period of validity begins at the latest on the first day of the month following the date of conclusion of the respective event.
§7 – Applicable Law
The contractual relationship between the customer and KUKM is governed exclusively by German law.
§ 8 – Written Form
Any changes or supplements to this contract require written confirmation to be legally effective. This also
applies to the written form agreement.
§ 9 – Place of Jurisdiction
Insofar as the customer is a dealer, Berlin is the exclusive venue of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.