(Status December 2022 - Version 4.8)
1. general terms and conditions for training services of SERVIEW GmbH
§1 General
These General Terms and Conditions apply to publicly offered trainings as well as to in-house trainings and customer-specific qualification programs of SERVIEW GmbH. Verbal commitments and ancillary agreements require written confirmation by SERVIEW GmbH. Our offered goods and services are directed exclusively to commercial customers (companies and self-employed persons) according to i.S.v. § 14 BGB.
§2 Applications
Registrations are possible by telephone, in writing (letter, e-mail or fax) and via the website (www.serview.de). Thereupon, if the booked training is available, you will immediately receive a confirmation of registration from us (date of conclusion of the contract). The number of participants for our trainings is limited. Therefore, we consider the registrations in the order of their receipt. By registering, the customer accepts these General Terms and Conditions as well as the conditions of participation listed in the offers. These General Terms and Conditions shall apply exclusively. Insofar as the 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 apply only if SERVIEW GmbH expressly agrees to the customer's terms and conditions.
§3 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.
§4 Cancellation, modification and cancellations
The calculation of the deadlines is based on the weekdays from Monday to Sunday (7 days). In the following, the weekdays are referred to as "days".
4.1 Public trainings
With Training-Flex option (applies only to training booked on www.serview.de): If the training was purchased with the "SERVIEW Training-Flex" option, participation in the training can be cancelled free of charge by mail up to 1 hour before the start of the training without giving any reasons or rebooked once free of charge. In this case, fees already paid will be refunded within 7 days. The fee for the SERVIEW Training-Flex option will be deducted from the total amount.
Without Training-Flex option (or booked via ...byserview.com websites): Registrations for public trainings can be cancelled or rebooked free of charge up to 14 days before the training starts. In case of cancellation or rebooking 13 days or more (not counting the day of the training start), we charge 50% of the training price and the exam fee. You are entitled to send a suitable substitute participant. In case of non-attendance of the training participant, we will charge you the full training price and the examination fee. We reserve the right to cancel training courses for organizational and technical reasons (e.g., if the minimum number of participants of at least 2 persons is not reached or if the trainer is unable to attend due to illness). In the event of a cancellation by SERVIEW GmbH, the course will be rebooked for another date and/or another venue with the consent of the participants. If a rebooking is not possible, SERVIEW GmbH will refund any payments made in this context. Further claims for e.g. travel expenses or accommodation costs do not arise. The same also applies to appointments with the SERVIEW appointment guarantee.
4.2 In-house trainings
Bindingly ordered training dates can be cancelled or rebooked free of charge up to 21 days before the start of the training. In case of cancellation from 20 days (not including the day of the training start) before the start of the training until 7 days before the start of the training, we charge 50% of the training price, the examination fees and the costs incurred. In case of cancellation or rebooking of the training from 6 days before the start of the training, we will charge you the full training price, the examination fees and the costs incurred. We reserve the right to cancel for organizational and technical reasons, e.g. if the trainer is unavailable due to illness. In case of a cancellation by SERVIEW GmbH, we will try to arrange a new event date with you.
4.3 Live Online Trainings
The subject of the service is the participation in a virtually conducted training. When booking the training, the customer agrees to fulfill the necessary technical requirements on the part of the participant. The requirements can be viewed on the website at any time. With regard to §4 "Cancellation, Modification and Cancellation", either the conditions of points 4.1 (public training) or 4.2 (in-house training) apply to live online training. In addition to points 4.2 or 4.3, 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.
4.4 Room bookings
Bookings at the SERVIEW Boardinghouse in connection with a public training can be cancelled free of charge up to 14 days before the start of the training. If you cancel or change your booking within 14 days before the start of the training, we will charge 50% of the accommodation costs (not including the day the training starts). In case of no-show of the training participant, we will charge you the full accommodation costs. With the booking you do not acquire any claim to the provision of certain rooms. Booked rooms are available from 3 pm on the day of arrival. On the agreed departure day, check-out must take place by 10 a.m. at the latest.
4.5 Actions
Public trainings, which were booked in the context of e.g. public discount promotions, combination promotions or also anniversaries, cannot be cancelled free of charge. After confirmation by SERVIEW GmbH, the training dates can be rebooked according to the time periods specified by the promotion and you are entitled to send a substitute participant. If the training participant does not show up or the training is cancelled, we will charge 100% of the training price and the examination fees. We reserve the right to cancel for organizational and technical reasons (for example, if the dependent minimum number of participants is not reached or the trainer is unable to attend due to illness). In the event of a cancellation by SERVIEW GmbH, with the agreement of the participants, rebooking will be made for another date and/or another venue. In the event of cancellations or changes by SERVIEW, the benefits of the promotion shall remain unaffected. Further claims for e.g. travel expenses or accommodation costs do not arise.
§5 Fees and payment terms
All prices are exclusive of the statutory value added tax. Unless otherwise agreed, the training fees are per person and are payable without deduction by the start of the training. Only temporary participation in the training sessions does not entitle to a price reduction. If payment has not been received in the account specified in the invoice by the start of the training or if no corresponding proof can be presented, we reserve the right to make a decision regarding participation. The payment obligation remains unchanged regardless of this. Unless otherwise agreed, the payment term is 14 days from the date of invoice to the account details specified in the invoice.
§6 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.
Furthermore, SERVIEW GmbH reserves the right to change the trainer named on the website at short notice. A statement of reasons is not required. The change of the named trainer does not entail the right to cancel the booked training and results in the application of §4.
§7 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.
§8 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.
§9 Registered trademarks
We do not guarantee that the mentioned products, processes and other names are free from third party intellectual property rights.
§10 Other
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.
§11 Force majeure and obstacles 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.
§12 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 Default of the customer
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.
§6 Rights to work results
Unless otherwise agreed in individual cases, SERVIEW GmbH shall grant the customer a non-exclusive, non-transferable right of use, not limited in time, for internal use of work results created in the course of consulting.
§7 Acceptance & Warranty
If the work results have insignificant defects, the customer may not refuse acceptance. SERVIEW GmbH shall remedy such defects within a reasonable period of time, unless otherwise agreed in an individual contract.
SERVIEW GmbH may obtain partial acceptance of individual work results at least if their creation can be assessed independently of other results that have not yet been accepted and they constitute a necessary basis for further work.
If the customer refuses acceptance, SERVIEW GmbH may set a reasonable deadline in writing for the customer to make the declaration. After expiration of the deadline, acceptance shall be deemed to have taken place if SERVIEW GmbH had informed the customer of this consequence when setting the deadline.
SERVIEW GmbH shall not assume any warranty for defects that are based on requirements of the customer that were not contractually agreed. However, it must have informed the customer in writing that it cannot be guaranteed that the service will be free of defects if the additional requirements are taken into account.
If SERVIEW GmbH assists the customer in analyzing notified defects and it turns out that it is not liable for any warranty, it shall invoice the customer for these services at the contractually agreed rates or - if such rates are not stated in the case of fixed-price orders - at its currently customary rates of remuneration.
§8 Fees
The fees for consulting services rendered by SERVIEW GmbH shall be calculated on the basis of the time spent on the activity, as well as travel and, if applicable, accommodation expenses, unless otherwise agreed in the individual case. The fees shall be based on the hourly rates in effect at the time 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 rendered is postponed due to circumstances for which SERVIEW is not responsible or due to force majeure to a date later than 3 months after receipt of the original order, the then applicable hourly rates shall be used as the basis for the remuneration to be paid in the event of a change in the hourly rates that has occurred in the meantime. The respective consulting fee is due immediately upon receipt of the invoice without deduction. SERVIEW GmbH shall be entitled to charge interest in the amount of 3% above the respective discount rate of the German Federal Bank (Deutsche Bundesbank) in commercial business transactions when payment is due, otherwise in the event of default in payment.
§9 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 shall always notify SERVIEW GmbH of this in writing and grant a reasonable grace period within which SERVIEW GmbH must provide the opportunity for proper performance of the service or remedy the situation in some other way. The proper or agreed remedy shall thus not constitute grounds for termination.
Unless a specific contract term is provided for in the offer, service contracts may be terminated in writing with three months' notice to the end of a calendar month. Special termination rights and terminations for cause shall remain unaffected.
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 laws, case law, or other regulations, or (b) due to a change in other circumstances (including, but not limited to, changes in ownership of your company or your affiliates), a continuation of our engagement would be unlawful, in particular if the continuation of the engagement would be in conflict with independence provisions or professional principles.
Termination for cause must be in writing in order to be effective. The rules on setting grace periods in §4 apply accordingly.
§10 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.
§11 Secrecy/Data protection
Each of the two parties shall be obligated not to disclose to third parties or otherwise make available to third parties all information and documents of the other party which become accessible to it in connection with the performance of this Agreement. This shall also apply to the work results pursuant to Clause 6. 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 the aforementioned information or documents are demonstrably generally known without the intervention of the party obligated to maintain secrecy. SERVIEW GmbH undertakes to comply with the provisions of the German Federal Data Protection Act (BDSG) and the EU's General Data Protection Regulation, and in particular not to use any personal data that SERVIEW GmbH or its employees process or handle within the scope of this contractual relationship for any purpose other than the purpose of fulfilling the respective task. SERVIEW GmbH is obligated to entrust only personnel with the fulfillment of the order who have been obligated to maintain data secrecy. This obligation to maintain data secrecy shall continue to exist even after the respective contractual relationship has expired. In the event of violations of data secrecy or other relevant legal provisions, both the BDSG and the GDPR provide for fines or imprisonment. If SERVIEW GmbH is connected to an information technology network operated by the customer within the scope of an agreed project, SERVIEW GmbH shall be obligated to exclude unauthorized access to the customer's network by third parties via this connection for the duration of the connection.
§12 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.
§13 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.
§14 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.
§15 Force majeure and obstacles 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.
§16 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 for participation as an exhibitor is effected by timely receipt of the registration form. This form must be completed in full and signed with a legally binding signature. The registration is considered as a contract offer to SERVIEW GmbH. By signing, the applicant accepts the general terms and conditions of business as binding. He is liable for ensuring that the persons he employs at the event also comply with these terms and conditions. The registration deadline for the event is set 14 days before the start. SERVIEW GmbH will confirm receipt of the registration in writing. This confirmation does not yet constitute an acceptance of the contract offer of the registrant and therefore does not establish any 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
Invoices issued by SERVIEW GmbH are payable without deduction at the times stated. All prices are exclusive of the statutory value added tax. Invoices are due 30 days before the start of the event. Stand booking can only be guaranteed if payment has been received.
§7 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 allocate the stand space elsewhere in the following cases: The exhibitor is in arrears with the payment of the fee by the set dates. SERVIEW GmbH need not set a deadline with the threat of refusal. The conditions for stand space confirmation on the part of the registered exhibitor are no longer met or SERVIEW GmbH subsequently becomes aware of reasons, e.g. the exhibitor's filing for insolvency, the timely knowledge of which would have justified non-admission. The exhibitor violates the domiciliary rights of SERVIEW GmbH. 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 the online events is free of charge.
§3 Event documentation and contact transfer
By registering for an online session (online lecture/webinar) or visiting an exhibitor 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 made at our presence events and, if necessary, reproduced, distributed and published in publications or social media platforms about these and future events, including the advertising of future events, in all media by SERVIEW GmbH and the event sponsors. Claims for compensation for use of the media cannot be made against SERVIEW GmbH or the sponsors at any time.
If you do not agree, please inform us in writing.
6. general terms and conditions for participants of the BMPK Congress (www.bmpk.de) of SERVIEW GmbH
§1 Order
After receipt of your reservation request, you will receive from us a confirmation of receipt of your booking and a short time later a confirmation of your congress participation and your room booking for BMPK23. You will receive your separate invoices for the congress and the accommodation 4-6 weeks before the start of the event, the invoice amount is due before the start of the event. By sending the reservation request you declare your binding intention.
§2 Congress hotel
SERVIEW offers participants of the congress the possibility to reserve a room in the event location when booking a BMPK package. The hotel room can only be booked via SERVIEW and the BMPK23 website. SERVIEW offers all participants, exhibitors and sponsors who register for the event the hotel room including breakfast at the price of 149,00 € per night.
§3 Particularity in the booking
The organizer will check the reservations and reserves the right not to admit participants to the congress for unspecified reasons.
§4 Team bookings
The organizer grants a discount for so-called team bookings. Team bookings are multiple bookings from the same organization. The provider may insist on proof. The discount scale is composed as follows: 3 participants, 10% discount on the total fee 5 participants, 20% discount on the total fee Costs for hotel accommodation are excluded from the discount. For team bookings, special conditions apply to cancellations. The team discount cannot be combined with an early booking discount. In case of a booking during the Blind or Early Bird phase, only the applicable Early Bird discount will be deducted.
§5 Cancellation and withdrawal
In case of cancellation of the registration, we charge the following fees, depending on the cancellation date: Until 31.01.2023 we charge 50% of the event price incl. training and/or workshop fees. Until 31.03.2023 we charge 75% of the event price incl. training and/or workshop fees. From 01.04.2023 or in case of no-show of the participant, we charge the entire participation fee. The costs for the cancellation of a booked hotel room are 90% of the fees from the booking until the day of arrival. From the day of arrival or in case of no-show 100% of the fees are due. Cancellation must be made in writing. Of course, a substitution of the registered participant is possible. For bookings taking into account team discounts, the following special conditions apply to cancellations: The provider reserves the right to check whether the cancellation still reaches the participant limit for the discount granted. If, for example, after the registration of 5 participants with a discount of 20%, the number of participants is reduced to 3 persons, the discount is reduced accordingly to 10% of the total fee. The organizer reserves the right to charge the difference afterwards.
§6 Event documentation
Photographs will be taken at the Best Management Practice and Knowledge Congress and, if necessary, reproduced, distributed and published in publications about this and future events, including the advertising of future events, in all media by SERVIEW GmbH and the event sponsors. Claims for compensation for the use of the photographs cannot be made against SERVIEW GmbH or the sponsors at any time. If you do not agree, please inform us in writing.
§7 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.
SERVIEW GmbH
Gartenstraße 23
61352 Bad Homburg
Phone +49 6172 17744-0
Fax +49 6172 17744-99
E-mail: info@serview.de
