GENERAL TERMS AND CONDITIONS OF HAMBURG MESSE UND CONGRESS GMBH (HMC) FOR ONLINE TICKETING

Transcription

1 page 1 of 6 GENERAL TERMS AND CONDITIONS OF HAMBURG MESSE UND CONGRESS GMBH (HMC) FOR ONLINE TICKETING PART I: VISITOR ONLINE TICKETING PART II: EXHIBITOR ONLINE TICKETING (from page 4) PART I: VISITOR ONLINE TICKETING GENERAL TERMS AND CONDITIONS OF HAMBURG MESSE UND CONGRESS GMBH (HMC) FOR ONLINE TICKETING These general terms and conditions (AGB) apply for purchasing admission tickets electronically, optional as mobile ticketing or as printable eticket, for events of HMC. In addition, the house rules and the Park House Rules of HMC are applicable for residence on the grounds of HMC, which are available on Insofar as the customer breaches the obligation under these Terms and Conditions, HMC will be entitled to partially or entirely exclude the customer from using the respective performances provided by HMC and to quit the contractual relationship for cause by HMC. The claim to payment will remain unaffected by this. These general terms and conditions of HMC apply exclusively; any terms and conditions of the ordering party opposing these terms and conditions or deviating from these are not accepted by HMC except if HMC expressly approved of their validity. These general terms and conditions also apply if the services are rendered while knowing about opposing conditions or terms deviating from the general terms and conditions. 1. Conclusion of contract The customer offers to conclude the contract by entering his/her correct address as well as correctly specifying all data required for payment. By providing all the data, it is ensured that the customer must confirm the correctness of the summarized data before clicking on the to costs order button. HMC accepts the offer by sending the customer a confirmation , i.e. the contract becomes effective with the confirmation. 2. Offers and rates All prices are final prices ( 1 Section 2 PAngV) and include the legal VAT. Generally, no delivery and shipping costs or additional costs arise. 3. Payment The tickets can be paid by credit card or PayPal. The payment is due immediately without deductions. 4. Invoice With the order and purchase of an eticket the customer receives the invoice in PDF format in printable form - via confirmation. 5. Restitution / Cancellation policy There is no right of restitution for Online tickets as well as cancellation the contract according to 312g Section 1 No. 9 of the German Civil Code (BGB). Each order of tickets is binding, directly after confirmation in accordance with clause 1. by the HMC and obliged to accept and pay for the ordered tickets.

2 page 2 of 6 6. Ticket The customer has the possibility to order at his discretion, a mobile ticket or a printable eticket. After conclusion of the contract and payment, the eticket is displayed immediately for printout. The customer should use this printing option immediately. Should the customer destroy, damage, etc. the printed ticket without his/her fault, the customer has the right to print out the ticket once more. For this purpose, the customer automatically receives an e- mail. The customer may only print out one copy of the ordered ticket for the purpose of the intended use. Otherwise, the customer is not entitled to reproduce copy or change a ticket in any form. A ticket that was copied or sold on without authorization does not entitle the person holding it to attend the event. In the event that copies, changes or otherwise abusive versions of a ticket are found, HMC reserves the right to refuse access to the event. Furthermore, HMC reserves the right to demand payment of the entire value of such tickets as well as compensation for any damage (including financial loss and/or costs for legal defense or prosecution). HMC is not liable for any inconvenience and/or damage caused by reproduction, copying, modification or other misuse of tickets. It is prohibited to sell on tickets that were purchased in the context of this procedure to third parties. The barcode on the ticket can only be used once and is validated electronically at the event location with a barcode scanner. By copying the barcode, further persons with the same bar code, are not allowed, to obtain access to the event.. Please keep this ticket in a safe place like cash or conventional tickets in order to avoid abuse. HMC does not replace the ticket in the event of loss. 7. Warranty and liability Due to the special technical features of the Internet, it is not possible to guarantee that all booking modules are available at at any time. There is no claim to failure safety. It is not possible, to generate a completely error-free program. Therefore HMC does not guarantee that the website if free of viruses or other elements causing malfunctions and does not take any liability for this. Disruptions and unavoidable events will relieve HMC from its duty of punctual performance for their duration. HMC will not guarantee the functioning of an Internet connection or that specific transfer rates will be achieved. HMC may limit or block access to its performances to the extent that the reliability of network operations, the maintenance of the network integrity and, in particular, the prevention of serious disruptions to the network, software, stored data, service interoperability or data protection requires such measures.

3 page 3 of 6 The customer's attention is expressly drawn to the risks associated with access to the Internet. The customer must itself implement precautions against such risks. HMC is not liable for errors and damage that are connected to electronically sent invoices due to insufficient technical equipment of the recipient of the invoice. HMC only takes liability for damage caused by HMC s legal representatives and executive employees in the event of gross negligence except if essential contractual duties (cardinal duties) are concerned or there is damage to life, limb or health. In the event of slight negligence, HMC only is liable if essential contractual duties are violated or there is damage to life, limb or health. Irrespective of the legal basis, HMC only is liable for predictable damage whose development typically must be expected. Insofar as HMC is liable for slight negligence, liability is limited to 100,000 euros. 8. Data protection Your personal data shall be processed by HMC (if applicable with the assistance of service providers) for the purpose of fulfilling the contract. HMC may in addition use your data for purposes of customer service, in particular in order to provide you via with eventspecific information on the events attended by you. This shall be affected strictly in compliance with the data protection legislation applicable at the time in question. You have a right to information, correction, deletion or blocking of your personal data. If you request HMC to delete your personal data stored by HMC, HMC shall fulfill such request without delay, provided that such deletion is not contrary to HMC s duties to keep/retain documentation. You may at any time object to use of your data for the above purposes, or withdraw any consent given (datenschutz@hamburg-messe.de). Further information on data privacy is available at: The Data Privacy Officer of HMC can likewise be contacted via the above link. In line with the WindEnergy Hamburg 2018 we will transmit the registration data of the conference participants, who will participate at the WindEurope Conference, for essential business transactions to our cooperation partner and conference organizer WindEurope. Our cooperation partner WindEurope would like to inform you via about updates concerning the conference. You can withdraw to use the data with the following privacy@windeurope@org at any time. 9. Closing provisions Modifications of and additions to these general terms and conditions must be in writing and be confirmed by both parties to become effective. Oral side agreements are not legally effective. This also applies for the waiver of this written-form requirement. Should any provision of these general terms and conditions be or become ineffective or inexecutable, this does not affect the validity of this agreement. In such an event, the parties undertake to agree an effective and executable provision that comes as close as possible to the purpose of the provision to be replaced within the terms of these general terms and conditions; the same applies for possible gaps in the general terms and conditions.

4 page 4 of 6 German law applies. The place of fulfilment is Hamburg for both parties. The place of jurisdiction is Hamburg if the contracting partner is a merchant, legal person under public law or special fund under public law or does not have a place of general jurisdiction in Germany. However, HMC reserves the right to also start legal proceedings at the place of general jurisdiction of the contracting party. PART II: EXHIBITOR ONLINE TICKETING GENERAL TERMS AND CONDITIONS OF HAMBURG MESSE UND CONGRESS GMBH (HMC) FOR ONLINE TICKETING These general terms and conditions (AGB) apply for purchasing exhibitor passes / ticket services electronically, optional as mobile ticketing or as printable eticket, for events of HMC. In addition, the house rules and the Park House Rules of HMC are applicable for residence on the grounds of HMC, which are available on Insofar as the customer breaches the obligation under these Terms and Conditions, HMC will be entitled to partially or entirely exclude the customer from using the respective performances provided by HMC and to quit the contractual relationship for cause by HMC. The claim to payment will remain unaffected by this. These general terms and conditions of HMC apply exclusively; any terms and conditions of the ordering party opposing these terms and conditions or deviating from these are not accepted by HMC except if HMC expressly approved of their validity. These general terms and conditions also apply if the services are rendered while knowing about opposing conditions or terms deviating from the general terms and conditions. 1. Conclusion of contract The customer offers to conclude the contract by entering his/her correct address as well as correctly specifying all data required for payment. By providing all the data, it is ensured that the customer must confirm the correctness of the summarized data before clicking on the to costs order button. HMC accepts the offer by sending the customer a confirmation , i.e. the contract becomes effective with the confirmation. 2. Offers and rates Offers and prices are subject to change. All prices are final prices and include the legal VAT. Generally, no delivery and shipping costs or additional costs arise. 3. Payment and invoice The payment of exhibitor passes / ticket services is by invoice after the event. The invoice is due without deductions. 4. Restitution / Cancellation policy Each order of exhibitor passes / ticket services is binding, directly after confirmation in accordance with clause 1. by the HMC and obliged to accept and pay for the ordered exhibitor passes / ticket services. 5. Exhibitor passes / Ticket services The customer has the possibility to order at his discretion, a mobile ticket or a printable eticket.

5 page 5 of 6 After conclusion of the contract, the eticket is displayed immediately for print-out. The customer should use this printing option immediately. Should the customer destroy, damage, etc. the printed exhibitor pass / ticket service without his/her fault, the customer has the right to print out the exhibitor pass / ticket service once more. For this purpose, the customer automatically receives an . The customer may only print out one copy of the ordered eticket for the purpose of the intended use. Otherwise, the customer is not entitled to reproduce copy or change an exhibitor pass / ticket service in any form. An exhibitor pass / ticket service that was copied or sold on without authorization does not entitle the person holding it to access the event. In the event that copies, changes or otherwise abusive versions of an exhibitor pass / ticket service are found, HMC reserves the right to refuse access to the event. Furthermore, HMC reserves the right to demand payment of the entire value of such exhibitor passes / ticket services as well as compensation for any damage (including financial loss and/or costs for legal defense or prosecution). HMC is not liable for any inconvenience and/or damage caused by reproduction, copying, modification or other misuse of exhibitor passes / ticket services. It is prohibited to sell on exhibitor passes / ticket services that were purchased in the context of this procedure to third parties. The QR code on the exhibitor pass / ticket service can only be used once and is validated electronically at the event location with a QR code scanner. By copying the QR code, further persons with the same QR code, are not allowed, to obtain access to the event. Please keep this exhibitor pass / ticket service in a safe place in order to avoid abuse. HMC does not replace the exhibitor pass / ticket service in the event of loss. 6. Warranty and liability Due to the special technical features of the Internet, it is not possible to guarantee that all booking modules are available at at any time. There is no claim to failure safety. It is not possible, to generate a completely error-free program. Therefore HMC does not guarantee that the website if free of viruses or other elements causing malfunctions and does not take any liability for this. Disruptions and unavoidable events will relieve HMC from its duty of punctual performance for their duration. HMC will not guarantee the functioning of an Internet connection or that specific transfer rates will be achieved. HMC may limit or block access to its performances to the extent that the reliability of network operations, the maintenance of the network integrity and, in particular, the prevention of serious disruptions to the network, software, stored data, service interoperability or data protection requires such measures. The customer's attention is expressly drawn to the risks associated with access to the Internet. The customer must itself implement precautions against such risks.

6 page 6 of 6 HMC is not liable for errors and damage that are connected to electronically sent invoices due to insufficient technical equipment of the recipient of the invoice. HMC only takes liability for damage caused by HMC s legal representatives and executive employees in the event of gross negligence except if essential contractual duties (cardinal duties) are concerned or there is damage to life, limb or health. In the event of slight negligence, HMC only is liable if essential contractual duties are violated or there is damage to life, limb or health. Irrespective of the legal basis, HMC only is liable for predictable damage whose development typically must be expected. Insofar as HMC is liable for slight negligence, liability is limited to 100,000 euros. 7. Data privacy Your personal data shall be processed by HMC (if applicable with the assistance of service providers) for the purpose of fulfilling the contract. HMC may in addition use your data for purposes of customer service, in particular in order to provide you via with eventspecific information on the events attended by you. This shall be affected strictly in compliance with the data protection legislation applicable at the time in question. You have a right to information, correction, deletion or blocking of your personal data. If you request HMC to delete your personal data stored by HMC, HMC shall fulfill such request without delay, provided that such deletion is not contrary to HMC s duties to keep/retain documentation. You may at any time object to use of your data for the above purposes, or withdraw any consent given (datenschutz@hamburg-messe.de). Further information on data privacy is available at: The Data Privacy Officer of HMC can likewise be contacted via the above link. 8. Closing provisions Modifications of and additions to these general terms and conditions must be in writing and be confirmed by both parties to become effective. Oral side agreements are not legally effective. This also applies for the waiver of this written-form requirement. Should any provision of these general terms and conditions be or become ineffective or inexecutable, this does not affect the validity of this agreement. In such an event, the parties undertake to agree an effective and executable provision that comes as close as possible to the purpose of the provision to be replaced within the terms of these general terms and conditions; the same applies for possible gaps in the general terms and conditions. German law applies. The place of fulfilment is Hamburg for both parties. The place of jurisdiction is Hamburg if the contracting partner is a merchant, legal person under public law or special fund under public law or does not have a place of general jurisdiction in Germany. However, HMC reserves the right to also start legal proceedings at the place of general jurisdiction of the contracting party.