- The organizer of KREATIVVITTI 2.0 from 15th to 17th of November 2019 in Pirmasens, Zeppelinstr. 11 Messegelände Halle 6A, 66953 Pirmasens, is the Municipality of Pirmasens Amt für Wirtschaftsförderung und Liegenschaften, Delaware Avenue 1-3, 66953 Pirmasens, hereinafter referred to as the „Organizer“.
- The city of Pirmasens is represented by the Lord Mayor, who is also represented by Mark Schlick, department leader Dipl.-Ing. Mark Schlick.
2. Assistance for the fulfilment by third parties
- The organizer appoints a fair service provider for the fulfillment and implementation of KREATIVVITTI 2.0.
- The organizer reserves the right to assign tasks to the exhibition service provider, the instructions of the exhibition service provider must be followed.
- The fair service provider is also to be understood as an „organizer“ in the aftermath.
- The registration for participation can be made through the online registration (registration link), the printed registration form or the fillable PDF provided by the organizer. The organizer reserves the right to accept the contract offer.
- By signing the registration form, the exhibitor and his agents submit to the exhibition conditions, the official regulations and the house rules. The organizer exercises the lien on the premises and stands and is entitled to intervene in the event of infringements. The costs of these measures shall be borne by the exhibitor. Verbal agreements must be confirmed in writing by the city in order to be valid.
4. Admission / acceptance of the contract
- The contract is concluded in writing when the organizer sends the invoice. The dispatch can take place by mail, fax or post. A legal claim to the conclusion of a contract does not exist.
- The organizer may exclude individual exhibitors or suppliers from participation for objectively justified reasons, in particular if the available space is insufficient. If necessary to achieve the purpose of the event, the exhibitor may restrict the event to certain groups of exhibitors, suppliers and visitors. Exclusion of competition may neither be demanded nor confirmed.
- The organizer decides on the sale of goods / services. The authorisation granted may be withdrawn if other conditions are met. Only the goods or services mentioned in writing on the application may be exhibited.
- For the purpose of automatic processing of the registration, the data will be stored and, if necessary, passed on to third parties for the purpose of contract execution.
5. Name publication
- By signing the registration form or sending the online registration form, the exhibitor grants the organizer permission to publish the name of the applicant and other data as well as to process and store such data.
- Every exhibitor is named in the fair catalogue, on the website and in the social media channels. This mandatory entry is integrated into the stand rental. In case of non-appearance or technical problems on the part of the advertising medium, the exhibitor cannot derive any recourse claims from this.
6. Change / Force majeure
- Unforeseen events, which make a scheduled holding of KREATIVVITTI 2.0 impossible and for which the organizer is not responsible, entitle the organizer:
– to cancel the KREATIVVITTI 2.0 before opening. If the KREATIVVITTI 2.0 has to be shut down as a result of force majeure or by official order, the full stand rent must be borne by the exhibitor. In other cases, the unavoidable costs will be apportioned among the exhibitors on a pro rata basis, but no more than the amount of the agreed stand rent
– to postpone the KREATIVVITTI 2.0. Exhibitors who prove that this results in an overlapping of dates with another event which they have already booked and which has also been confirmed by the organizer can claim relief from the contract by paying 25%. The application must be submitted by registered mail within 3 weeks of the announcement of the relocation.
– shorten the KREATIVVITTI 2.0. Exhibitors may not demand discharge from the contract. There is no reduction in the stand rent. In all cases, the organizer shall announce such serious decisions in connection with the event as early as possible. Claims for damages are excluded for both parties in any case.
7. Cancellation, postponement and change of duration
- The organizer is entitled to cancel the KREATIVVITTI 2.0 for good cause, to change the location and time, to change the duration, or – if space conditions, police orders or other serious circumstances require it – to relocate or restrict the exhibitor’s stand space. A change of location or time or any other change shall become part of the contract upon notification to the exhibitor.
- The organizer also has the right to cancel the KREATIVVITTI 2.0 if the expected minimum number of registrations is not received and the unaltered execution is economically unreasonable. Claims for damages are excluded for both parties in any case.
- If the organizer is responsible for the cancellation of KREATIVVITTI 2.0, the exhibitor shall not be liable for stand rent.
- If the organizer has to shorten an event due to force majeure or other reasons for which he is not responsible, the exhibitor shall not be entitled to full or partial repayment of the stand rent.
8. Terms of payment
- With the sending of the acceptance of the contract, the organizer will invoice the stand rent according to the information in the registration form. The invoice is also the stand confirmation.
- Half of the stand rent must be paid immediately upon receipt of the invoice and the rest according to the payment date specified in the invoice.
- All prices and discounts are net plus statutory value added tax. In the event of non-compliance with the terms of payment, the organizer may cancel the exhibition order without notice.
9. Sub-exhibitors, co-exhibitors, transfer of the stand to third parties
- The exhibitor shall not be entitled to sublet the stand allocated to him in whole or in part, otherwise to leave it or exchange it without the written consent of the event management.
- Approved admission of a co-exhibitor is subject to a fee (entry in the exhibitor catalogue). If several exhibitors rent a stand together, each of them shall be jointly and severally liable.
The organizer is entitled to terminate the contract extraordinarily, if:
- The exhibitor made false statements,
- goods which have not been reported or authorised,
- the exhibitor has not started to assemble the stand by 8:00 a.m. on 15 November 2019 at the latest,
- the stand rental has not been received in due time,
- the exhibitor has assigned his rights under the contract to third parties without the written consent of the organizer. In the event of extraordinary termination by the organizer, the organizer shall be released from its obligation to perform; the exhibitor shall nevertheless pay the full stand rent.
- The exhibitor undertakes to pay 50% of the stand rent in the event of withdrawal up to 6 weeks before the trade fair and the full stand rent in the event of withdrawal after this date.
- In this case, the organizer will charge the rent according to the exhibitioners category. Companies that do not occupy their rented stand are also obliged to put the stand in an exhibition-like condition. Otherwise, the organizer is entitled to decorate the stand at the exhibitor’s expense. The exhibitor may nominate a substitute exhibitor, who may, however, be rejected by the organizer without stating reasons.
- In any case, a request for withdrawal must be made by registered mail.
12. GEMA & Music
The organizer shall provide the entertainment programme and, within this framework, any fees to GEMA. Exhibitors are obliged to take care of their own fee-based entertainment at their own stands, in particular for music playback. The use of radio and phono equipment as well as loudspeaker announcements and making music on the stands is only permitted with written permission. In the event of approval, the exhibitor is obliged to notify GEMA.
13. Stand allocation
- Stand allocations will be made by the organizer.
- The date of receipt of the application is not decisive for the classification and allocation of the stand.
- The organizer reserves the right to change or relocate stands or advertising space before and during the fair for organisational reasons or to change the overall appearance.
- A discount or reduction of the stand rent is hereby excluded.
- The exhibitor is obliged to complete the stand within the specified deadlines. Stand construction must begin no later than 8:00 a.m. on 15 November 2019 and must be be completed by 09:15 a.m. on 15 November 2019. If this is not the case, the organizer may dispose of the stand otherwise. In this case, the exhibitor shall be liable for the stand rental and any additional costs incurred.
- Claims for damages by the exhibitor are excluded in any case.
- All materials used for the construction must be flame-retardant. The erection of exhibition goods / goods above the normal stand height of 2.50 metres must be notified to the organizer prior to setup.
- The exhibitor himself is responsible for the disposal of the waste generated during assembly and dismantling, e.g. transport packaging. Should the exhibitor have left behind garbage or other objects after clearing the stand area, the organiser is entitled to have these removed and destroyed at the expense of the exhibitor.
15. Operation of the stand & delivery of goods
- The exhibitor is obliged to occupy the stand with the registered goods / services for the entire duration of the KREATIVVITTI 2.0 and to staff it with competent personnel. The organizer will take care of the cleaning of the grounds, the halls and the corridors. The cleaning of the stands is the responsibility of the exhibitor and must be carried out at least daily after the end of visiting hours and must be completed within 30 minutes of the close of the fair. The regulations of the competent health authority must be observed. The exhibitor is obliged to comply with the rules on waste disposal and separation. Additional disposal costs will be charged according to the polluter-pays principle.
- The daily goods delivery must occur at last within 30 minutes before the opening of the fair. Later deliveries cannot enter the fair area without a special authorization by the organizer.
- Exhibitors and employees may only enter the exhibition area one and a half hours before the start of the exhibition and must leave the exhibition no later than one hour after the official end of the exhibition. Overnight stay in the area is not permitted.
The exhibitor shall be responsible for ensuring that the permits required for his activities and those of his agents on the stand or premises are available and that the applicable trade law, competition law – in particular price labelling and company signage (minimum size DIN A 4), health police, fire police and police regulations are complied with. This also includes compliance with the accident prevention regulations of the employers‘ liability insurance association. Any taxes and levies demanded by the authorities must be paid by the exhibitor. The stand rental agreement includes §§ 17 et seq. of the Federal Law on Convictions of the Federal Republic of Germany of 17.6.71. In the event of violations, the stand can be closed immediately, without reimbursement of the stand rent or other recourse claims.
No stand may be completely or partially cleared before the end of the KREATIVVITTI 2.0 on 17th of November 2019 at 6.00 p.m., unless this has been agreed by the organizer. Exhibitors who contravene this rule must expect a contractual penalty amounting to half the stand rent. The exhibitor shall be liable for damage to the floor, walls and equipment provided on a rental or loan basis. The stand area is to be returned in the condition as taken over, at the latest by the date set for the completion of dismantling. Damages are to be repaired in perfect condition. Otherwise, the event management is entitled to have this work carried out at the exhibitor’s expense. Further claims for damages remain unaffected by this. After the date set for dismantling, stands not dismantled or objects not removed will be removed by the event management at the exhibitor’s expense and stored by the organizer, excluding any liability for loss or damage.
18. Loading and unloading
Vehicles can be driven closer to the event hall for loading and unloading.
19. Stand use
- The organizer shall be entitled to check whether the exhibitor is using the stand provided for the purpose and in accordance with the contract with regard to the size of the stand and the goods/services offered.
- If goods / services not approved or registered are offered on the stand, the organizer shall be entitled to have the stand cleared at the exhibitor’s expense.
- The exhibitor shall ensure compliance with all laws, guidelines and regulations applicable to its products and services. If the organizer becomes aware of an infringement, it shall be entitled to have the stand cleared at the exhibitor’s expense.
20. Sale of foodstuffs, luxury foods and beverages
The right to sell food, beverages, refreshments and semi-luxuries of any kind is only granted to the exhibition restaurants or the sellers who have been authorised to do so by the organizer.
21. Exhibitor passes
- After full payment of the stand rental fee, the exhibitor shall receive three exhibitor passes free of charge for one stand, entitling him to free admission to the exhibition grounds and the exhibitor area. Exhibitor passes are intended exclusively for exhibitors known by name and their stand personnel and are not transferable. In the event of misuse, the badge will be withdrawn without replacement. No passes are required for assembly and dismantling times.
- Any additional passes required are subject to a fee and can be applied from the organizer.
- Exhibitor passes will be issued at the trade fair office on site.
The organizer is responsible for the general guarding of the area and the halls, without liability for loss or damage. The exhibitor himself is responsible for supervising and guarding his own stand. This also applies during assembly and dismantling times and outside opening hours.
23. Technical services
- The exhibitor will receive technical information such as set-up and dismantling times and opening hours of the event in good time before the start of the event. The organizer provides partition walls, electricity (up to 5 KW) and carpeting according to the stand size.
- All additional requests made by the exhibitor, to the specified basic infrastructure in the previous paragraph (e.g. additional furniture), as well as water installations, must be applied for in due time via the organizer and will be invoiced separately to the exhibitor.
- The general lighting of the halls is the responsibility of the organizer. Exhibitors‘ requests for additional lighting and special connections for their own account can only be taken into account if they register in good time. These connections shall be invoiced by the contract installer, together with the proportionate costs of the ring line required for this purpose seperatly. The same applies to any necessary water connections. The desired connections must be announced at least 5 weeks in advance. All installations up to the stand connection may only be carried out by companies approved by the organizer.
- The exhibitor must immediately notify the organizer of any defects in the rented object during assembly. In the event of late notification, the warranty for defects is excluded. Any damage to the hired objects shall be at the expense of the exhibitor concerned.
- The technical documents are an integral part of the General Terms and Conditions.
The organizer insures the exhibition against liability. The organizer is not liable for damage to or loss of the exhibition goods due to theft, fire, storm, water and in other cases of force majeure. It is recommended that exhibitors take out such insurance at their own expense.
25. Photography, drawing, filming
- Commercial photography and filming is permitted by the organizer in writing approved companies / persons.
- The organizer may photograph and film for his own purposes.
- If the exhibitor, his stand, his offer or parts thereof are photographed and/or filmed within the scope of (1) and/or (2), as a precaution he shall assign all rights to the organizer. No further consent is required for the use of images, sound and films created by authorised persons within the framework of the event.
The organizer accepts no liability for damage to the exhibits and the stand equipment or for consequential damage. Should the event be cancelled or cancelled as a result of force majeure, the organizer shall be released from his obligation to perform. In this case, the organizer is not obliged to refund any stand fees collected. The organizer does not guarantee the success of the event. The organizer also assumes no responsibility for the exhibitor’s profit and turnover expectations.
27. Statute of limitations
The Exhibitor’s claims against the organizer shall become statute-barred within one year of the end of the event, i.e. when the claim has arisen and the exhibitor becomes aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.
28. Place of performance / place of jurisdiction
- The place of performance and jurisdiction is the registered office of the organizer. The legal relationship between organizer and exhibitor shall be governed by the laws of the Federal Republic of Germany.
- This shall also apply in the event that claims are asserted in judicial dunning proceedings and the lessee is a registered trader or a legal entity under public law, or has no general place of jurisdiction in Germany.
- Should any provision of these general terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the general terms and conditions. In such a case, the parties undertake to agree on an effective and feasible provision which corresponds as closely as possible to the purpose of the provision to be replaced within the meaning of the general terms and conditions, and the same shall apply to any loopholes in the General Terms and Conditions.
- Subsidiary agreements are only legally binding if they have been made in writing and confirmed by the organizer.