Terms of use für fairs and exhibitions of XR Expo GmbH

General requirements

1. Registration

2. Joint exhibitor

3. Contract formation

4. Exhibition stand assignment

5. Exhibits

6. Terms of payment

7. Liability, insurance

8. Cancellation, non-participation of the exhibitor, withdrawal of the XR Expo

9. Force majeure

10. Work and exhibitor passes

11. Image and sound recordings

12. Advertising

13. Official approvals, legal provisions, technical guidelines

14. Regulatory provisions

 

Stand construction

15. General regulations, deadlines

16. Stand design

Other services

17. Exhibitor service documents

18. General supervision, cleaning

19. Technical installations

20. Photographing

21. Catering services

22. Data protection

 

Final provisions

 

1 registration

1.1 Stand registration

The registration for a trade fair or exhibition (event) need to be applied with the form "Stand registration". The form must be filled out completely and signed with a legally binding signature. The registration is a binding contract with XR Expo GmbH (hereinafter also referred to as "XR Expo"), until the start of the event.

1.2 Content of the contract

Essential components of the contract are

(a) The application form,

(b) The specific conditions for participation,

c) The regulations in the Exhibitor Service Documents,

In case of non-conformity, the rules shall apply in the order specified above.

1.3 Terms of contract

By signing the stand application, the exhibitor accepts the Terms and Conditions of Business and Participation as well as the regulations contained in the Exhibitor Service Documents as binding. The exhibitor is responsible for passing on these information to his employees or hired personal attending this event.

 

2 Joint exhibitors

If several exhibitors like to share one exhibition stand, they have to appoint an authorized exhibition representative in the application form, who will be the direct and only contact for XR Expo . This authorized representative will be liable for any fault of his principals as for his own. The exhibitors involved are jointly and severally liable to XR Expo. 

 

3 Terms of contract 

3.1 Order confirmation

XP Expo will send out a written confirmation after accepting the exhibitor application (exhibitor admission of the exhibitor and the registered exhibits). 

3.2 Restriction of exhibitors and exhibition products

XR Expo may exclude individual exhibitors from participation for objectively justified reasons. In particular if the space availability is insufficient and may restrict the event to certain groups of exhibitors. Only if this is necessary to achieve the purpose of the event. The same applies to the exhibition products.

3.3 Change of registration

If XR Expo accepts the registration of exhibition space or exhibition products with extensions, restrictions or any other change, it is bound to the modified offer for 2 weeks.

 

4 Exhibition stand assignment 

4.1 Guideline

Stand requests will be considered as far as possible. XR Expo reserves the right to adjust the exhibition floorplan any time under the account of technology, theme and structure of the respective event and available space.

4.2 Neighboring stands

Exhibitor shall be aware that the floorplan can change at the start of the event and that XR Expo reserves the right to adjust stand locations at any time. Claims for compensations in this situation are excluded.

4.3 Exchange, transfer to third parties

Exchange of assigned stands with another exhibitor, a partial or complete transfer of a stand to a third parties is not permitted without approval from XR Expo.   

5 Exhibition products

5.1 Removal, replacement

Only agreed exhibits may be displayed. Any removal or exchange of an enrolled exhibit need to be communicated to, and approved from XR Expo. Removal or exchange can only be done with a written consent from XR Expo, 1 hour before and or 1 hour after the daily opening hours of the event.

5.2 Exclusion

XR Expo reserved the right to remove any exhibition products which have not been addressed in the stand rental contract, prove to be inconveniencing, dangerous or incompatible with the aim of the event. Shall the exhibitor not comply with the request, XR Expo will remove all exhibition products with judicial assistance and at the expense of the exhibitor.

5.3 Direct sales

Direct sales during the event is not permitted unless specifically authorized by XR Expo. In case of approved direct sales on the show floor, exhibitor have to label their products with prices. Exhibitors have to obtain and comply with the legal permits issued by the trade and health authorities. More details can be viewed in the Exhibitor Service Documents.

5.4 Industrial property rights

It is the exhibitor’s responsibility to ensure all copyrights or any other industrial property rights for their displayed products. There is only a six-month protection timeline for designs (utility models and registered designs) and trademarks from the beginning of an exhibition shall only apply, if the Federal Minister of Justice has published a corresponding announcement in the Federal Law Gazette for a specific exhibition event.

 

6 Terms of payment

6.1 Due date

Per confirmation, your stand rent is payable to XR Expo account with the stated information on your invoice (customer and invoice number). The amount is due upon receipt of the invoice. There will be a final invoice issued after the event.

6.2 Assignment, compensation

The assignment of claims against XR Expo is excluded. Compensation of claims is only permitted with undisputed or legally established counterclaims.

6.3 Complaints

Invoice reclamations have to be done in writing within 14 days after the invoice being issued. 

6.4 Lessor's lien

In order to secure its claims, XR Expo reserves the right to exercise the lessor's lien and to sell the pledged goods on the open market after written notification. XR Expo is only liable for damage to the pledged property in the event of intent and gross negligence. 

7 Liability, Insurance

7.1 XR Expo is fully liable for damages caused by intentional or grossly negligent conduct of XR Expo, its legal representatives or executive employees. 

7.2 XR Expo shall be liable on the merits for damages caused by gross negligence by simple vicarious agents. The liability is limited to the amount of such damages which can typically be expected to occur in contracts of this kind.

7.3 XR Expo is liable on the merits for any breach of essential contractual obligations. Essential are such contractual obligations whose compliance is of particular importance for the achievement of the contractual purpose (cardinal obligations). In the event of a breach of cardinal obligations - unless a case of Section 7.1 exists - the liability is limited in terms of amount to such damages, the occurrence of which must typically be expected for contracts of this type.

7.4 The limitations of liability according to paragraphs 1 to 3 do not apply in the case of liability for the absence of warranted characteristics, liability according to the Product Liability Act or liability for injury to life, body or health.

7.5 The strict liability of XR Expo for initial defects of the rental item (guarantee liability) is excluded.

7.6 The exhibitor is liable in accordance with the statutory provisions. The conclusion of an exhibitor insurance policy is recommended. Details are contained in the exhibitor service documents.

 

8 Cancellation, non-participation by the exhibitor, withdrawal by XR Expo

8.1 Cancellation, non-participation of the exhibitor

The stand rent is also payable in full if the exhibitor cancels his participation or does not take part in the event without any cancellation notice. XR Expo reserves the right to charge a 25% cancellation fee. The full rental amount is still payable to the assigned exhibitor, if XR Expo needs to sublease parts of the area due to cancellation/non-participation. The exhibitor retains the right to prove that XR Expo did not incur these costs or the amount. Assertion of a further claim for damages are reserved.

8.2 Cancellation by XR Expo

XR Expo is entitled to withdraw from the contract if 

a) The full rental payment has not been received by the date specified in the invoice and the exhibitor does not pay after the extension period set for him;

b) The stand is not staffed in time, i.e. at least 2 hours before the official opening;

c) The exhibitor violates the rules and regulations, and does not stop his behavior even after a warning;

d) The requirements for granting admission no longer exists for the registered exhibitor or XR Expo, additionally becomes aware of reasons whose timely knowledge would have been justified a non-admission. This applies in particular in the events of bankruptcy or composition proceedings as well as the occurrence of the bankruptcy of the exhibitor. The exhibitor must inform XR Expo immediately of the incident of any of these events. XR Expo may assert claims for compensation in the above-mentioned cases. Section 8.1 applies accordingly.

 

9 Force Majeure

9.1 Cancellation of the event

If XR Expo is unable to hold the event due to circumstances for which neither it nor the exhibitor is responsible, the claim to the stand rental fee will no longer be required. XR Expo may, however, invoice the exhibitor for work commissioned from the show in the amount of the costs that have occurred incurred, unless the exhibitor proves that the result of the work is of no interest to him. 

9.2 Reorganizing of the event

Should XR Expo be in a position to hold the event at a later date, XR Expo must inform the exhibitors immediately. The exhibitors are entitled to cancel their participation at the changed date and time within one week after receipt of notification. In this case, the claim to the stand rental fee shall no longer be required.

9.3 Event in progress

If XR Expo has to edit or cancel an event that has already begun due to the occurrence of forced circumstances, the exhibitor shall not be entitled to a refund or remission of the stand rental.

 

10 Exhibitor passes

10.1 Exhibitor passes

For the duration of the exhibition or trade fair, exhibitors will receive a limited number of exhibitor passes for themselves and their employees, which entitle them to free admission. Further details are regulated in the conditions of participation. 

10.2 Common regulations

The identity cards shall be made out into the holder's name or filled out completely and correctly by the holder.

They are non-transferable and only valid with an official identity document. In the event of misuse, the identity card will be confiscated without replacement. In the case of a joint exhibition, only the authorized exhibitor will receive the necessary passes. Additionally, required passes are available for a fee.

 

11 Image and sound recordings

XR Expo is entitled to have and use photographs, drawings, films and video recordings of lectures, exhibition events, exhibition buildings and stands as well as exhibition objects for marketing purposes, advertising or press publications. This can be accomplished without the speaker or exhibitor being able to object for any reason whatsoever. This also applies to recordings made by the press or television with the consent of XR Expo.

 

12 Advertising

12.1 Scope

Advertising of any kind is only permitted within the stand rented by the exhibitor for the exhibitor's own company and only for the exhibition products manufactured or distributed through it.

12.2 Approval requirement

Speaker advertising, slide or film presentations and show inserts require a written agreement with XR Expo. The same applies to the use of other devices and equipment which are intended to achieve an increased marketing effect by optical and acoustic means. Political advertising is generally not permitted. 

 

13 Official permits, legal provisions, technical guidelines

The exhibitor must always obtain official permits. The exhibitor is responsible for ensuring that the GEMA regulations as well as the provisions of trade, police and health law as well as other legal provisions are complied with, in particular also the "Law on Technical Work Equipment" (Equipment Safety Law). The exhibitor must also observe the "Technical Guidelines" in the exhibitor service documents, which contain regulations on stand construction and design as well as extensive safety regulations.

 

14 Regulations

14.1 Domestic authority

During the event, the exhibitor is subject to the rules and regulations of XR Expo on the show floor grounds. Instructions of the XR Expo employees, who have to identify themselves, must be followed.

14.2 Parking spaces

Parking space requests of exhibitors on the exhibition grounds will be taken into account as far as possible. There is no entitlement to a parking space. 

14.3 Access to the exhibition grounds

During the event, vehicles that do not have a permit will not be allowed to enter the indoor area. The delivery of goods and similar is regulated in the conditions of participation.

14.4 Leaving the premises

Exhibitors and accompanying personnel must leave the halls and clear the grounds of vehicles within one hour of the daily opening hours for visitors. If participants wish to leave the exhibition with packages, authorization must be present at the exit control.

14.5 Miscellaneous

Animals may not be brought into the exhibition grounds. Required water for food treatment and cleaning of consumer products that come into direct contact with food, may only be taken from hygienic water taps.   

14.6 Environmental protection

The exhibitor is obliged to behave in an environmentally friendly manner. In doing so, the exhibitor must also observe the XR Expo environmental guidelines attached to the Exhibitor Service Documents.

 

15 General regulations, dates

15.1 Dates

The installation and dismantling times are determined by the special conditions of participation.

15.3 Dismantling

(a) Eviction order

After the end of the exhibition or trade fair, of a clearance certificate is required for the removal of the exhibits. It will only be issued and sent to the stand owner if the stand rental invoice has been paid in full.

b) Dismantling time

Stands may only be vacated after the end of the event. The dismantling period (end of dismantling) must be strictly complied with. After the end of the given dismantling period, XR Expo is entitled to dismantle, remove and store exhibitor possessions at the expense of the exhibitor.

XR Expo will only accept liability for loss or damage to the exhibition possessions in the event of intent or gross negligence. XR Expo is entitled to a lien for incurred costs (Section 6.4).

 

16 Stand Design

16.1 Approval note

No XR Expo design approval is needed if the stand design is created within the technical guidelines. This applies for ground-level, single-story stands without closed ceilings in the exhibition halls. All other stand constructions, mobile stands, special constructions and designs are subject to approval. Layout plans (floor plan and elevation) must be submitted to XR Expo for approval. Details are contained in the exhibitor service documents.

16.2 Appearance

The exhibition stand must be adapted to the overall plan of the exhibition. XR Expo reserves the right to prohibit the construction of stands that are unsuitable or inadequately designed. 

16.3 Equipment during opening hours

The stand must be properly equipped and staffed with competent personnel during the entire duration of the show.

16.4 Contractual penalty

XR Expo may claim a contractual penalty of 500 Euro per day, if the exhibitor intentionally violates the above mentioned regulations (Section 16.2,3).

 

17 Exhibitor Service Documents

The Exhibitor Service Documents, provides information regarding technical guidelines, technical equipment standards, installations, stand construction, design and equipment, as well as other exhibition services provided by XR Expo and its partners. Insurance, public relations, catalogue, room reservations and other services, in which contain the necessary forms, will be made available to all exhibitors directly.

 

18 General hall inspection, security and cleaning

a) XR Expo will carry out regular inspections of the halls for reasons of fire protection (e.g. keeping emergency exits clear). This does not involve security of the individual exhibition stand. The exhibitor is solely responsible and liable for security of the individual exhibition stand. XR Expo reminds the exhibitor, that the halls may also be accessible after the opening hours of the event (e.g. exhibitor events, cleaning etc.). During the night, valuables and moving objects should be locked away. The exhibitor may hire a security service guard for his stand at the XR Expo. The use of other security services requires the prior written approval of XR Expo. XR Expo is recommending a suitable insurance policy for the exhibitor.

b) XR Expo will take care of the general cleaning of the grounds and halls. The cleaning of the stand is the responsibility of the exhibitor. It must be completed daily before the show opening.

c) If no exhibitor employee is responsible or available for these duties, the respective contracting company of XR Expo is to be commissioned with cleaning and security of the stand.

d) The exhibitor and/or commissioned exhibition company is responsible for the disposal of any waste produced by the exhibitor. The exhibitor must observe the regulations of the environmental guidelines contained in the Exhibitor Service Documents.

 

19 Technical installations

The supply of electricity, water, network and other services in the halls will be provided by companies approved by XR Expo. Further details are explained by the special conditions of participation.

 

20 Catering supply

Catering services has to be provided by the convention center Wagenhallen Stuttgart GmbH & Co. KG.

 

21 Data protection

XR Expo collects, uses and processes your personal data for the establishment, implementation and handling of your contractual relationship with XR Expo GmbH as well as for marketing research. In order to be able to fulfill our required obligations, we forward some of your data to partner companies of XR Expo, which process the personal data on our behalf. Your data will only be used within the framework of the legal regulations and exclusively for the defined purposes. You have the right to revoke any declarations of consent you have given to XR Expo GmbH at any time.

22 Final 

22.1 Written form

Deviations from the content of this contract (Item 1.2) as well as collateral agreements are only legally binding if they have been confirmed in writing by XR Expo.

22.2 German Law

The mutual rights and obligations arising from this contractual relationship and on the occasion of this contract are subject to the law of the Federal Republic of Germany.

22.3 Place of performance and jurisdiction

The place of performance is Stuttgart, Germany. If the defendant is a merchant or a legal entity under public law or if the defendant has no general place of jurisdiction in Germany, the place of jurisdiction is also Stuttgart, Germany.

22.4 Statute of limitations

The exhibitor's claims against XR Expo are subject to a limitation period of 6 months, unless mandatory legal regulations prevent this.

22.5 Severability Clause

Should individually requirements of these general terms and conditions be invalid, this shall not affect the validity of the remaining terms. The invalid clause shall be amended in such a way that the intended purpose is achieved.