1. SERVIEW
  2. agb

(Status February 2025 - Version 5.4)

1. general terms and conditions for training services and room reservations of SERVIEW GmbH

§1 General

These General Terms and Conditions apply to publicly offered training courses as well as in-house training courses, room bookings, room rentals and customer-specific qualification programs 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) within the meaning of Section 14 of the German Civil Code (BGB). Mention of SERVIEW refers to SERVIEW GmbH.
 

§2 Registration for our events

Registrations can be made in writing (letter, e-mail or fax) and via the website (www.serview.de). You will then receive a confirmation of registration from us if the booked training course is available (date of conclusion of 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 apply exclusively. Insofar as the customer'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 terms and conditions shall only apply if SERVIEW GmbH expressly agrees to the customer's terms and conditions.

§3 Scope of services for room rentals

  1. SERVIEW GmbH provides the reserved premises and sanitary facilities (hereinafter referred to as "rented premises") on the agreed date in accordance with the order confirmation for the rental period specified therein.
  2. A rented room is delivered with basic equipment (as defined at https://www.serview.de/seminarraeume or in the order confirmation) suitable for office and meeting purposes and is handed over to the tenant in a condition suitable for these purposes.
  3. The provision of further equipment and services that go beyond the equipment specified in point 2 (e.g. flipchart, metaplan wall, projector, etc.) is not automatically included unless this has been expressly agreed between the contracting parties in the order confirmation. The same applies to all additional services that go beyond the provision of the rented rooms (e.g. catering).
  4. The tenant and, if applicable, their customers use the premises at their own risk. SERVIEW GmbH accepts no liability for accidents or personal injury that occur in connection with the room rental or the use of the rooms.
  5. The tenant / organizer is responsible for any damage to the premises and inventory as well as for the loss of keys. SERVIEW accepts no liability for items or clothing brought in by the hirer. The premises are handed over in a tidy condition and must also be returned tidy by the tenant / organizer.
  6. Before leaving the premises, all windows must be closed, all lights switched off and any electrical devices such as projectors or displays switched off. The keys must be handed over to the boarding house team at the latest when leaving the building. The volume must be set so that surrounding rooms and residents are not disturbed. Smoking and open fires, such as candles, are not permitted. The presence of animals in the rooms is also not permitted. In addition, escape and rescue routes must be freely accessible at all times
  7. SERVIEW GmbH does not check the approval or qualifications of the tenant or organizer and accepts no liability for any services that may be offered illegally. The tenant or organizer is responsible for meeting the required qualifications or the quality of their offer.
  8. The renter is obliged to treat all electronic equipment and other inventory provided by SERVIEW GmbH with care and to return it in its original condition. If the renter negligently or intentionally causes damage to SERVIEW GmbH's property or is responsible for personal injury, the renter is obliged to compensate SERVIEW GmbH in full. Any existing defects must be reported to SERVIEW GmbH immediately, as must any damage that occurs during the event. The renter must have adequate liability insurance.

§4 Data protection

The order processing is carried out with the help 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 order processing. The personal data collected will 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.

§5 Cancellation, changes and refusals

The calculation of the deadlines is based on the weekdays from Monday to Sunday (7 calendar days). In the following, the days of the week are referred to as "days". The day of the start of the training course is not included when considering training course cancellations. Cancellations, changes and/or rejections must always be made in writing (by post or e-mail).

5.1 Public training courses

With Training-Flex option "Basic": If the training was purchased with the "SERVIEW Training-Flex Basic" option, participation in the training can be rebooked once free of charge by e-mail up to 24 hours before the start of the training without giving reasons.

With the "Premium" training flex option: If the training was purchased with the "SERVIEW Training-Flex Premium" option, participation in the training can be canceled free of charge up to 1 hour before the start of the training by e-mail without giving reasons or rebooked once free of charge. The fee for the SERVIEW Training-Flex option will be deducted from the total amount. In this case, any fees already paid will be refunded within 7 calendar days.

Without Training-Flex option: Registrations for public training courses can be canceled or rebooked free of charge up to 14 calendar days before the start of the course. Cancellations made after 13 calendar days will be charged at 100% of the order value. You are entitled to send a suitable replacement participant. In the event of rebooking from 13 calendar days, we will charge 50% of the order value. If the training participant does not show up, we will charge you the full order value. We reserve the right to cancel for organizational and technical reasons (e.g. if the minimum number of participants of at least 2 people 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 to another date and/or another venue will be made with the consent of the participants. If a rebooking is not possible due to a cancellation by SERVIEW and a lack of alternative date options on the part of SERVIEW, SERVIEW GmbH will refund any payments made in this context. A rejection of alternative dates offered by the participant does not lead to a refund. Further claims for e.g. travel expenses or accommodation costs do not arise. The same applies to appointments with the SERVIEW appointment guarantee.

5.2 In-house training

Bindingly ordered training dates can be canceled or rebooked free of charge up to 21 calendar days before the start of the training. In the event of cancellation from 20 calendar days before the start of training up to 7 calendar days before the start of training, we will charge 50% of the order value and the costs incurred as a result. If the training is canceled or rebooked from 6 calendar days before the start of the training, we will charge you the full order value and the resulting costs. We reserve the right to cancel for organizational and technical reasons, e.g. if the trainer is unavailable due to illness. In the event of a cancellation by SERVIEW GmbH, a new event date will be set in consultation with the customer.

5.3 Live online training

The subject of the service is participation in a virtual training course. When booking the training, the customer agrees to the fulfillment of the necessary technical requirements on the part of the organizer. The requirements can be viewed on the website at any time. With regard to Section 5 "Cancellation, changes and refusals", either the conditions of points 5.1 (public training) or 5.2 (in-house training) apply to live online training. In addition to points 5.2 or 5.3, no claims can 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. Please note that any recording or recording of the live online training sessions constitutes a violation of the general right of personality (Art. 2 para. 1 in conjunction with Art. 1 para. 1 of the German Constitution) and is prohibited for this reason and for data protection reasons.

5.4 Room bookings

Bookings at the SERVIEW-Education Center Hotel in Bad Homburg are made exclusively in connection with the booking of a training course (public or in-house) or a room reservation and represent an ancillary service of the respective main service (training course or room reservation). As such, the cancellation conditions of the respective main service apply. See § 5.1, 5.2 or 5.5. By making a booking, you do not acquire any entitlement to the provision of specific rooms. Booked rooms are available from 3 p.m. on the day of arrival. On the agreed day of departure, you must check out by 10 a.m. at the latest. 

5.5 Room rental

When booking rooms in the SERVIEW Boardinghouse, you can cancel your booking free of charge up to 30 calendar days before the start of the rental period. If you cancel or change your booking within 14 calendar days before the start of the rental period, we will charge 50% of the order value. In the event of a no-show, we will charge you the full order value. SERVIEW GmbH reserves the right to provide equivalent premises for organizational and/or technical reasons. The conditions in §3 also apply. 

5.6 Actions

Public training courses booked as part of e.g. public discount campaigns, combination campaigns or anniversaries cannot be canceled free of charge. After confirmation by SERVIEW GmbH, the training dates can be rebooked according to the periods specified by the promotion and you are entitled to send a replacement participant. If the training participant does not show up or the training is canceled, we will charge 100% of the order value. We reserve the right to cancel for organizational and technical reasons (e.g. if the required minimum number of participants is not reached or if the trainer is unavailable due to illness). In the event of a cancellation by SERVIEW GmbH, the event will be rebooked to another date and/or another venue with the consent of the participants. If SERVIEW cancels or changes the event, the benefits of the event are retained. No further claims for e.g. travel expenses or accommodation costs will arise.

§6 Prices, fees and payment terms

  1. All prices are subject to VAT at the statutory rate.
  2. Unless otherwise agreed, training fees are per person and must be paid in full within the payment period after invoicing. Partial participation in the training sessions does not entitle the participant to a price reduction. If payment has not been received in the account specified on the invoice by the start of training (in the case of immediate invoicing) or if no corresponding proof can be provided, we reserve the right to decide on participation. Irrespective of this, the payment obligation remains unchanged.
  3. Unless otherwise agreed, SERVIEW GmbH's training services are invoiced as follows:
    • Public training courses: Immediately after receipt of order
    • In-house training: After the training course has been held, on the basis of the number of participants registered 14 calendar days before the start of the training course or, in the case of additional participants, the higher number of participants on the day of the training course.
    • e-Learnings: Immediately after receipt of order or previously agreed payment term.
    • Room reservations: as these are made exclusively in connection with the booking of a training course (public or in-house) or a room reservation, they hereby constitute an ancillary service to the respective main service (training course or room reservation). The billing periods as stated in the respective category therefore apply.
    • Room reservations: After the end of the rental period on the basis of the services actually used.
    • Store purchases: Immediately, as only prepayment.
  4. Unless otherwise agreed, the term of payment shall be 14 calendar days from invoicing to the account details stated on the invoice.
  5. The prices quoted are valid until a new price list is published.

§7 Implementation deviation

SERVIEW GmbH is entitled to change the location and/or time of training courses, including those with guaranteed dates, and to cancel them at short notice if necessary. If the training is cancelled, SERVIEW GmbH will offer alternative dates. If no suitable date can be found, SERVIEW GmbH will refund any fees already paid. A claim for reimbursement of travel and accommodation costs as well as costs incurred due to loss of work is excluded, unless such costs are incurred due to gross negligence on the part of SERVIEW GmbH.

SERVIEW GmbH also reserves the right to change the trainer named on the website at short notice. It is not necessary to give reasons for this. The change of the named trainer does not entitle the customer to cancel the booked training and results in the application of §5.

§8 Copyright, copyrights and trademark rights

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 - not even for the purpose of instructional design - in particular processed, duplicated, distributed or used for public reproduction using electronic systems. In the trainings of SERVIEW GmbH different software solutions are used, which is protected by copyrights 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.

§9 Liability

In our trainings, lessons and exercises are designed in such a way that an attentive participant can achieve the training goals. However, we are not liable for the success of the training. As far as not regulated by § 309 No. 7 and 8 BGB (German Civil Code), we are liable for damages caused by our employees intentionally or by gross negligence - regardless of the legal reason - once only up to a total amount equal to the total remuneration, but not exceeding a total amount of EUR 10,000. Any further liability is excluded. SERVIEW GmbH shall not be liable for damages that may be caused by viruses on copied data carriers. This also applies to public domain software. Data carriers brought by participants may not be copied onto our computers unless this has been expressly agreed with us in writing. Should SERVIEW GmbH incur damages due to a violation of this provision, SERVIEW GmbH reserves the right to assert claims for damages.

§10 Registered trademarks

We do not guarantee that the mentioned products, processes and other names are free from third party intellectual property rights.

§11 Miscellaneous

The contractual relationship and its performance shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the provisions of the CISG. This choice of law shall also apply to consumer contracts, provided that Art. 29 EGBGB does not conflict therewith.

§12 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 mean 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, severe, and beyond the control of the contracting parties and occur after the conclusion of the contract. In the event that 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 if 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 in each case promptly notify the other Party in writing of the beginning and end of the impediment.

§13 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 that correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

2. general terms and conditions for consulting services of SERVIEW GmbH

§1 Scope of application

The General Terms and Conditions for Consulting Services of SERVIEW GmbH shall apply to all consulting services provided by SERVIEW GmbH to the customer and to all activities related to the consulting. The General Terms and Conditions for Consulting Services of SERVIEW GmbH shall also apply accordingly if SERVIEW GmbH provides other services in addition to or instead of consulting. All orders must be confirmed in writing by SERVIEW GmbH. This form can only be waived by written agreement. Our offered services are exclusively directed to commercial clients (companies and self-employed persons). Therefore, the sale of consulting services is also made only to commercial clients within the meaning of § 14 BGB.

§2 Implementation of the consultation

SERVIEW GmbH shall provide the consulting services 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 provide consulting services. Further detailed order specifics will be agreed upon in individual project contracts.

§3 Cooperation of the client

The customer shall support SERVIEW GmbH in the consulting services to be provided as agreed. In doing so, the customer shall create, free of charge, all conditions in the area of its business sphere that are necessary for the proper performance of the consulting 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, etc. during the agreed working hours; this contact person shall also be authorized to make declarations that are necessary as an interim decision within the scope of the continuation of the order, and provide all necessary information and documents. Furthermore, in the event of a follow-up order, it is the customer's obligation to carry out this up to 60 calendar days before the end of the current order. In case of delay or non-assignment, SERVIEW cannot guarantee the guaranteed use of the previous consultant/consultant team.

§4 Deadlines / Delay

If SERVIEW GmbH is in default with the completion of the agreed consulting services, the customer shall be entitled to terminate the respective order without notice after the fruitless expiration of a reasonable grace period granted to SERVIEW GmbH. Any claims for damages of the customer due to delayed performance shall be limited to ½ percent per completed week for the period of the delay, however, to a maximum of 5% of the respective order value. 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 Cancellation of consultation appointments

The basis for scheduling consultation appointments is always the "binding schedule" agreed between the parties in writing. Should it become necessary for the client to postpone/cancel the agreed appointments, the following cancellation rules apply: Bindingly commissioned consultation appointments can be canceled free of charge up to 21 calendar days before the start. In the event of cancellation from 20 calendar days to 7 calendar days before the start of the appointment, we will charge 50% of the agreed daily rate and the costs incurred as a result. If the consultation day is canceled from 6 calendar days before the start, we will charge you the full daily rate and the resulting costs. We reserve the right to cancel for organizational and technical reasons, e.g. if the consultant is unavailable due to illness. In the event of cancellation by SERVIEW GmbH, a new date will be set in consultation with the customer. Whether/to what extent goodwill is granted in certain customer situations is decided by SERVIEW on a case-by-case basis.

§6 Default of the client

If the customer fails to cooperate or delays cooperation incumbent upon it pursuant to Section 3 or a separate agreement, SERVIEW GmbH may nevertheless demand the agreed remuneration for the consulting services not provided as a result, without being obligated to provide additional services. If SERVIEW GmbH decides to provide the consulting services nevertheless, this shall be done only after reasonable adjustment of the schedule. If the customer is in default with the acceptance of the consulting services - or if it fails to perform a duty to cooperate incumbent upon it - 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 this shall not affect its obligation to pay the agreed remuneration on the other hand. Irrespective of the assertion of this right of termination, SERVIEW GmbH shall be entitled to compensation for the damage caused by the default. Furthermore, claims for compensation of any additional expenses shall remain unaffected.

§7 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 of work results created in the course of consulting.

§8 Acceptance & Warranty

If the work results have minor defects, the customer may not refuse acceptance. SERVIEW GmbH shall remedy such defects within a reasonable period of time, unless otherwise agreed in individual contracts.
SERVIEW GmbH may obtain partial acceptance of individual work results at least if their production can be assessed independently of other results that have not yet been accepted and they form a necessary basis for further work.
If the customer refuses acceptance, SERVIEW GmbH may set a reasonable deadline in writing for the customer to submit its declaration. After expiry of the deadline, acceptance is deemed to have taken place if SERVIEW GmbH had informed the client of this consequence when setting the deadline.
SERVIEW GmbH does not assume any warranty for defects that are based on requirements of the client that were not contractually agreed. However, it must have informed the customer in writing that the freedom from defects of the service cannot be guaranteed if the additional requirements are taken into account.
If SERVIEW GmbH supports the customer in analyzing reported defects and it turns out that it has no warranty obligation, it will invoice the customer for these services at the contractually agreed rates or - if such rates are not shown for fixed-price orders - at its current usual rates.

§9 Fees

The fees for consulting services provided by SERVIEW GmbH are calculated according to the time spent on the activity, as well as travel and, if applicable, accommodation expenses, unless otherwise agreed in individual cases. The fees are based on the hourly rates applicable when the order is received or on an offer accepted by SERVIEW GmbH during the binding period. However, if the date on which consulting services are to be provided is postponed to a date later than 3 months after receipt of the original order due to circumstances for which SERVIEW is not responsible or due to force majeure, the hourly rates applicable at that time shall be used as the basis for the remuneration to be paid if the hourly rates have changed in the meantime. The respective consulting fee is calculated and invoiced monthly on the basis of previously agreed performance records (activity reports) and is due immediately upon receipt of the invoice without deduction. SERVIEW GmbH is entitled to charge interest of 3% above the respective discount rate of the Deutsche Bundesbank in commercial business transactions on the due date, otherwise in the event of late payment.
The calculation of the fee in the consulting environment also applies to assessment services (such as ATV assessments or maturity assessments) and is invoiced independently of the result (success or failure) of the assessment. Assessment services provided for clients in third countries (non-EU) are only provided against advance payment.

§10 Termination

If SERVIEW GmbH does not provide services in accordance with the project order or does not provide them properly or if SERVIEW commits any other breach of duty, the customer must always notify SERVIEW GmbH of this in writing and grant a reasonable grace period within which SERVIEW GmbH has the opportunity to properly fulfill the service or otherwise remedy the situation. Proper or agreed rectification therefore does not constitute grounds for termination.
Service contracts can be terminated in writing with a notice period of three months to the end of a calendar month, unless the offer provides for a specific contract term. Special termination rights and terminations for good cause remain unaffected by this.
SERVIEW reserves the right to terminate the business relationship in whole or in part with immediate effect by written notice if it becomes apparent that (a) due to a change in law, jurisdiction or other regulations or (b) due to a change in other circumstances (including changes in the ownership structure of your company or your affiliated companies) it would be unlawful to continue our engagement, in particular if the continuation of the engagement would be in conflict with independence regulations or professional principles.
Termination for good cause must be in writing to be effective. The rules on setting grace periods in Section 4 apply accordingly.

§11 Liability

If consulting services of SERVIEW GmbH 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 is excluded, unless SERVIEW GmbH caused their destruction intentionally or by gross negligence and the customer has ensured that these data can be reconstructed with reasonable effort from data material that is kept ready in machine-readable form. All other claims for damages - regardless of the legal grounds - against SERVIEW GmbH and its vicarious agents are excluded.

§12 Confidentiality/data protection

Each of the two parties is obliged not to pass on to third parties or otherwise make accessible to third parties any information and documents of the other party which become accessible to it in connection with the fulfillment of this agreement. This shall also apply to the work results in accordance with clause 7. Each party shall take the necessary precautions in its sphere of operation to ensure compliance with the above obligations. These obligations shall apply to the extent and until such time as the aforementioned information or documents are demonstrably generally known without any action on the part of the party obliged to maintain confidentiality. 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 handle or process within the scope of this contractual relationship for any purpose other than the respective task fulfillment. SERVIEW GmbH is obliged to only entrust personnel with the fulfillment of the order who have been obligated to maintain data secrecy. This obligation to maintain data secrecy shall continue to apply even after the respective contractual relationship has expired. In the event of breaches of data secrecy or other relevant legal provisions, the BDSG and the GDPR provide for fines or imprisonment. If SERVIEW GmbH connects to an information technology network operated by the customer as part of an agreed project, SERVIEW GmbH is obliged to prevent unauthorized access by third parties to the customer's network via this connection for the duration of the connection.

§13 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 influence the processing. In particular, the parties shall refrain from hiring or otherwise employing employees who are or were active within the scope of the execution of the order before the expiration of twelve months after the termination of the cooperation. The Client undertakes to notify the Consultant without delay of any intentions to terminate or change the employment of any of the Consultant's staff employed to perform the assignment.

§14 Right of retention on the part of the Contractor

(1) Until its claims have been settled in full, SERVIEW GmbH shall have a right of retention to the documents provided to it, the exercise of which, however, shall be contrary to good faith if the retention would cause the customer disproportionately high damage that cannot be justified when weighing both interests. After settlement of its claims under the contract, SERVIEW GmbH shall return in full all documents that the customer or a third party has handed over to it on the occasion of the execution of the order. This shall not apply to correspondence between the parties and to simple copies of reports, organization charts, drawings, lists, calculations, etc. prepared within the scope of the order, provided that the customer has received the originals.

(2) SERVIEW GmbH's obligation to retain the respective documents shall expire six months after delivery of the written request for collection, otherwise three years, and in the case of documents retained pursuant to paragraph 1, five years after termination of the contractual relationship.

§15 Other

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, Germany, provided that the customer is a registered merchant. SERVIEW GmbH shall also be entitled to assert claims at the court having jurisdiction over the customer's registered office.

§16 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 mean 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, severe, and beyond the control of the contracting parties and occur after the conclusion of the contract. In the event that 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 if 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 in each case promptly notify the other Party in writing of the beginning and end of the impediment.

§17 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 that correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

3. general terms and conditions for participation as exhibitor at events of SERVIEW GmbH

§1 Applications

Registration to participate as an exhibitor is made by receipt of the registration form by the deadline. This must be completed in full and signed with a legally binding signature. The registration is considered a contractual offer to SERVIEW GmbH. By signing the form, the applicant accepts the General Terms and Conditions as binding. They are liable for ensuring that the persons they employ at the event also comply with these terms and conditions. The registration deadline for the event is 14 calendar days before the start of the event. SERVIEW GmbH will confirm receipt of the registration in writing. This confirmation does not constitute acceptance of the applicant's contractual offer and therefore does not constitute a legal claim to admission as an exhibitor.

§2 Approval/order confirmation

SERVIEW GmbH decides on the admission of the applicant as an exhibitor by its written order confirmation. The contract is concluded with the confirmation. Any reservations and conditions included in the application must be confirmed in writing by SERVIEW GmbH in order 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 the stands is done by SERVIEW GmbH. Placement requests expressed in the application will be taken into account as far as possible; however, the exhibitor shall not be entitled to any claims. An exchange of the allocated stand space with another exhibitor as well as a partial or complete transfer of the stand space to third parties is not permitted without the consent of SERVIEW GmbH.

§4 Joint exhibitor

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

§5 Sub- / Co-exhibitor

In principle, 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 his stand with the prior written consent of SERVIEW GmbH. The admission of one or more co-exhibitors or sub-exhibitors is subject to an additional fee. The main exhibitor is liable for the fulfillment of all exhibitor obligations by the co-exhibitor(s).

§6 Fees and payment terms

The services commissioned from SERVIEW GmbH are invoiced on a defined cut-off date (e.g. 31.01.) of the respective event year and are payable without deduction up to 2 months before the start of the event. If an order is placed after the deadline, the invoice will be issued immediately. If an order is placed 2 months or later before the start of the event, the invoice will be issued immediately with immediate payment terms. All prices are subject to VAT at the statutory rate. Stand booking and thus participation as an exhibitor at the event (including the stand personnel provided) can only be guaranteed if payment has been received.

§7 Lien

Payment of the invoice by the stipulated date is a prerequisite for the use of the allocated stand space. To secure claims, SERVIEW GmbH reserves the right to exercise the lessor's lien and to sell the pledged goods on the open market after written notice. No liability is assumed for 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 Withdrawal from the registration

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

§10 Revocation of admission and stand space

SERVIEW GmbH is entitled to revoke the admission and to reallocate the stand space in the following cases:

  • The exhibitor is in arrears with the payment of the fee by the set deadlines. SERVIEW GmbH does not need to set a deadline with a threat of refusal.
  • The requirements 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's filing for insolvency, the timely knowledge of which would have justified non-admission.
  • The exhibitor violates SERVIEW GmbH's domiciliary rights.

In all these cases, SERVIEW GmbH reserves the right to assert further claims for damages.

§11 Stand construction, stand equipment, stand design

The exhibitor is obligated to comply with the regulations applicable at the event location, in particular trade and building regulations as well as the building regulations of SERVIEW GmbH. SERVIEW GmbH reserves the right to prohibit the construction of unsuitable or inadequately equipped stands or to modify them at the exhibitor's expense. Set-up must be completed and the stand cleared of packaging material by the start of the event at the latest. The removal of exhibits and dismantling of stands before the end of the event is not permitted. The exhibition of particularly large or heavy exhibits requires 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 stands 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 is responsible (force majeure), the stand rent shall be reduced to half. "§9 Withdrawal from registration" regarding a substitute renter shall apply accordingly. In principle, the claim to stand rent shall lapse; however, 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 thereof 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 are entitled to a refund or waiver of the stand rental fee. 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 significantly impede SERVIEW GmbH's contractual performance or temporarily hinder or render impossible the proper execution of the contract. Force majeure shall mean 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, severe, and beyond the control of the contracting parties and occur after the conclusion of the contract. In the event that 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 if 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 it manufactures or distributes, provided 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 Photography

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

§15 Supervision/guarding

The exhibitor is strongly advised to ensure his own supervision of his stand and exhibits and to avert damage by taking out suitable 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 it or its vicarious agents are at fault. The aforementioned limitation does not apply in cases of intent or gross negligence, or in cases of injury to life, limb or health. SERVIEW GmbH shall only be liable for damages in the event of equipment failure, operational disruptions, or other events affecting the event 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 damages. 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 is responsible for securing copyrights or other industrial property rights to the exhibits.

§18 House rules and violations

The exhibitor submits to the domiciliary rights of SERVIEW GmbH during the event. The instructions of the employees there must be obeyed. Violations of the General Terms and Conditions or of the instructions within the scope of the domiciliary rights shall entitle the organizer, if the violation is not discontinued after demand, to immediately close the stand 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

The order processing is carried out with the help 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 order processing. The personal data collected will 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.

§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 that 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

Upon receipt of your registration, you will receive a validation email from us and consequently access to the online event platform.

§2 Booking & Cancellation

Participation in these 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 stand, the data subject consents to the forwarding of personal data by the data controller 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 personal data by the data controller to the exhibitors participating in the Head-to-Head Talk for 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 invalid, or should this contract text contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provision with appropriate provisions that correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

 

5. general terms and conditions for participants in a free face-to-face event of SERVIEW GmbH

§1 Registration

Upon receipt of your registration, we will send you a confirmation of receipt of your booking.

§2 Booking & Cancellation

Participation in our face-to-face events, with the exception of the Best Management Practice Congress (BMPK), is free of charge. Therefore, there are no cancellation fees in case of a cancellation. However, we ask you to inform us accordingly if you are unable to attend.

§3 Event documentation and contact transfer

Photographs and video recordings are taken at our face-to-face events and may be reproduced, distributed and published in publications or social media platforms about these and future events, including the promotion of future events, in all media by SERVIEW GmbH and the sponsors of the event. No claims for remuneration can be made against SERVIEW GmbH or the sponsors for the use of the media at any time.
If you do not agree, please inform us in writing.

§4 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 that correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.

6. general terms and conditions for participants in the Best Management Practice and Knowledge Congress (BMPK) of SERVIEW GmbH

For the detailed terms and conditions for this event, please refer to the congress website https://www.bmpk.de/teilnahmebedingungen. Thank you very much!

 

SERVIEW GmbH
Gartenstraße 23
61352 Bad Homburg
Phone +49 6172 17744-0
Fax +49 6172 17744-99
E-mail: info@serview.de