General Terms and Conditions for Sponsors and Exhibitors

General Terms and Conditions for Sponsors and Exhibitors

(Special Agreement on the COVID-19 Pandemic (as of October 2022), see Annex 1)

§ 1 Organizer

The organizer is the Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH,

Neckarstraße 2a, 53175 Bonn, represented by its managing director, at the same address.

Phone: 0228 53684662, Fax: 0228 698533

E-Mail: kongressgesellschaft@dgwmp.de

Internet: www.dgwmp.de

§ 2 Registration

Registration of sponsors and exhibitors for events organized by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH is done via the registration form at least four weeks before the event begins.

The contract offer thus submitted is considered accepted only if it is not rejected in writing within two weeks of receipt.

This applies only to sponsors and exhibitors whose participation purpose is to support the respective event and its contents; registrations for any diametrically opposed purposes require the express approval of the organizer.

By registering, the registrant confirms their VAT status and other company details provided, which form the basis of all contractual services and invoicing. In the case of a rebranding between registration and full contract processing, the sponsor/exhibitor must promptly inform the organizer of the new company details.

If the sponsor has various company locations or branches, the registration applies to the part of the company whose address and VAT ID were provided in the registration.

The organizer may request information from registered exhibitors regarding the exact nature of the products (including services and software) to be exhibited.

§ 3 Exhibition Spaces and Goods

The organizer assigns exhibition spaces to exhibitors and, if applicable, sponsors as needed, considering the local conditions, the event and its content, and the requirements of the exhibitors and sponsors at its discretion; any deviation from this allocation requires the organizer's consent.

The organizer is entitled to make changes to the assigned exhibition spaces regarding type, size, or location, even after the event has started, if necessary for strategic reasons (such as last-minute cancellations of other exhibitors) or to comply with safety and/or legal regulations.

Exhibitors and exhibiting sponsors are not permitted to make the assigned stand space available to third parties, directly or indirectly, for a fee or free of charge.

A reassignment is only possible with the organizer's consent and incurs a processing fee of 300.00 €.

Exhibitors are obligated to use the exhibition spaces with recognizable branding during the designated opening hours for visitors and to continuously staff them with personnel, except for short breaks (e.g., for restroom visits).

If the used stand space is reduced in time or space after the event begins, the organizer is entitled to reassign or redesign the unused stand space. Any costs incurred (e.g., for relocating another exhibitor or redesigning the unused space) are borne by the reducing exhibitor.

A planned reduction must be announced to the organizer in writing or orally to the organizer's managing director with at least half a business or event day notice; any additional costs due to a breach of this notification obligation are borne by the reducing exhibitor without defense of prior recourse.

If the unused stand space cannot be rented to an additional exhibitor, the reducing exhibitor is liable for the entire fees.

If the organizer can rent the unused stand space to an additional exhibitor, the original exhibitor is liable for the time of the unused stand space with a flat rate of 20% of the fees attributable to this space and period or the costs incurred by the organizer, whichever is higher; the original exhibitor may provide evidence of lesser damage to the organizer.

Only new or equivalent exhibition goods may be exhibited and presented, for which the exhibitor has the corresponding rights. Any deviation from previously communicated goods requires the organizer's consent.

Any demonstrations and/or product presentations must comply with relevant general and legal protective regulations and guidelines.

§ 4 Payment Terms

Sponsorship, exhibitor, and/or conference fees plus applicable VAT are due for payment within 14 days of receiving the invoice, but no later than two weeks before the event begins. Unless otherwise stated in the issued invoice, payment must be made by transfer to the following account, stating the event date and location and, if applicable, the invoice number:

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH

Sparkasse KölnBonn

IBAN: DE93 3705 0198 1901 7947 09

BIC: COLSDE33XXX

§ 5 Default

In case of payment default, default interest of nine percentage points above the ECB base rate applicable at the start of the default and a lump-sum compensation of 40 €, according to § 288 (2), (5) BGB, will be charged.

During the default period, Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH has the right to withhold assigned stands or stand spaces and exhibitor and/or participant badges and parking and/or access permits.

§ 6 Cancellation/Rebooking

If an exhibitor and/or sponsor cancels their registration up to eight weeks before the event date, a cancellation fee of 25% of the sponsorship and/or exhibitor fees and, if applicable, participant fees will be charged. For cancellations between eight and four weeks before the event date, a cancellation fee of 50% of the fees will be charged; from four weeks before the event date, 100% of the fees will be charged.

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH may additionally claim reimbursement for attributable costs already incurred at the request of the sponsor or exhibitor. The debtor may provide specific evidence that no or lesser damage was incurred by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH.

All amounts are subject to the applicable statutory VAT.

The cancellation declaration must be in writing.

§ 7 Joint and Several Liability in Case of Multiple Persons

If multiple natural and/or legal persons exhibit together at one stand, each of them is jointly and severally liable for the stand or associated fees.

The responsible contact person for Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH is the person who registered the stand with them; this person is also authorized to receive and serve notices for all other joint and several debtors and acts as their representative towards Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH. Declarations to the registering person are also considered as declarations to the other joint and several debtors; this also applies to unilateral declarations of intent.

§ 8 Cancellation and Changes of Events, Force Majeure

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH reserves the right to cancel, postpone, or shorten an event for reasons beyond their control (e.g., insufficient number of participants, short-term unavailability of the speaker(s) without a replacement option, force majeure). Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH will endeavor to inform sponsors and exhibitors of cancellations or necessary program changes in a timely manner before the event begins. In the event of a cancellation by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH, fees already paid will be refunded.

The same applies in the case of postponement if the other party cannot attend the rescheduled date.

In the event of a necessary shortening, the exhibitor/sponsor may request a prorated refund of the payments made to Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH for this event, considering the shortened period, as long as these do not relate to time-independent and separately listed items (e.g., general printing costs, setup costs for stand spaces).

In all cases, Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH may deduct any bank fees incurred from the refund amount. Further claims against Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH are excluded unless they are based on intentional or grossly negligent conduct by employees or other vicarious agents.

§ 9 Changes to the Conference Program

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH reserves the right to make necessary changes to the congress program, event date, speakers, or event location in a generally acceptable manner. Only the management of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH answers related inquiries.

Any such changes will be announced as early as possible; claims for damages are excluded.

§ 10 Withdrawal by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH is entitled to withdraw from the contract with the sponsor or exhibitor in whole or in part at its discretion if the latter does not promptly fulfill its essential contractual obligations, particularly the payment of due fees. An explicit prior payment reminder is not a prerequisite for such a withdrawal by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH.

§ 11 Security of Exhibition Objects, Traffic Safety Obligation, Limitation of Organizer's Liability, Liability of Contracting Party

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH is committed to providing an appropriate exhibition environment that does not increase the risk for exhibition objects, materials, and work materials.

However, it is the responsibility of each exhibitor to adequately insure their exhibition objects and, if necessary, take additional measures to secure the objects and comply with general traffic safety obligations, especially for presentations in outdoor areas or generally accessible areas outside the exhibition times, at their own expense.

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH is contractually and non-contractually liable only for intent and/or gross negligence; this applies equally to its legal representatives, employees, and vicarious agents and includes ancillary obligations.

Liability for losses or damages to brought items and exhibition objects, including software products or intangible goods, on the occasion of or during events of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH is generally excluded, as long as the injury cannot be attributed to at least grossly negligent conduct by employees or other vicarious agents of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH.

The same applies to pecuniary damage caused by inadequate traffic safety measures, the observance of which lies within the responsibility of the sponsor or exhibitor, provided it is not otherwise agreed or the implementation or coordination of individual measures has not been explicitly assigned to Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH by the latter.

The contractual party's liability for damages caused intentionally or negligently to other contractual parties, participants, or employees of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH during the event remains unaffected.

§ 12 House and Event Rules

The house rules and applicable event rules of the respective event location apply in addition to these conditions. The organizer or authorized persons must promptly refer to house rules or event rules at the request of sponsors or exhibitors if these are not already visible at the event location.

Exhibitors are obligated to comply with instructions from authorized persons of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH or the event location. If non-compliance leads to a safety risk, continued participation may be prohibited.

Additional instructions from authorized persons of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH, e.g., for handling event disruptions or implementing protective measures, must be followed.

§ 13 Termination

Any mutual right to terminate the contract for good cause remains unaffected. In the event of termination by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH for good cause, the respective fees for the corresponding time frame, which cannot be otherwise utilized, remain due in full.

The right of Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH to claim additional damages due to the termination by the sponsor or exhibitor remains unaffected.

In the event of termination for good cause by Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH, especially in the case of intentional or grossly negligent breach of contract by the sponsor or exhibitor, Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH may claim the total fee.

§ 14 Special Agreement on the COVID-19 Pandemic (as of October 2022), see Annex 1

Special regulations in response to the COVID-19 pandemic, applicable to events from November 2022 onwards, are attached as Annex 1. These are part of these terms and conditions and must be adhered to by sponsors and exhibitors.

§ 15 Severability Clause

Should any provision of these terms and conditions be or become invalid, the remaining provisions remain unaffected. The invalid provision must be replaced by a provision that closely reflects the original purpose in a legally permissible manner. The same applies in the event of any gaps in these terms and conditions.

§ 16 Applicable Law, Place of Jurisdiction

These terms and conditions and the entire legal relationship between Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH and the sponsor or exhibitor are governed by the laws of the Federal Republic of Germany.

The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Bonn.

§ 17 Data Protection

Wehrmedizinische Kongress- und Fortbildungsgesellschaft mbH collects, processes, and uses personal data in compliance with the GDPR and applicable national data protection regulations.

Details on data protection and the respective rights of sponsors and exhibitors are provided in the event's privacy policy, which is part of the contract and made available before the conclusion of the contract.