GENERAL TERMS AND CONDITIONS OF BUSINESS OF COMPANIES
of Management Forum of HANDELSBLATT MEDIA GROUP GmbH,
Toulouser Allee 27, 40211 Düsseldorf
Thank you for your interest in our events and trips. The general contractual provisions applying to our events and trips are outlined below:
I. General provisions for events and trips
1. General provisions
- These General Terms and Conditions of Business govern the registration for and the participation in the events and trips of Management Forum of HANDELSBLATT MEDIA GROUP GmbH (hereinafter also called "Management Forum" or "we").
- The provisions outlined below also apply to all future business relations, even where we do not explicitly make a new agreement with you on our conditions. Deviating, contradictory or supplementary conditions will only become part of the agreement if we approve them in writing. Our provisions also apply exclusively in cases in which we provide our services in the knowledge of contradictory or deviating conditions of a participant who takes advantage of our services.
- If special conditions apply to individual events or trips, we list these conditions separately – in the registration documents, for example. These special conditions take precedence over the provisions outlined below.
2. Registration and conclusion of the contract
- Registration for participation in an event or trip is in writing by standard mail or in electronic form (fax or e-mail) to Management Forum of HANDELSBLATT MEDIA GROUP GmbH, Toulouser Allee 27, 40211 Düsseldorf, phone: +49 (0)211 - 887-28210, fax: +49 (0)211 - 887-28219, e-mail: firstname.lastname@example.org. Registration constitutes a binding offer to conclude a contract for participation in the respective event or trip designated in the registration. In the case of electronic registration, the participant receives an automatic confirmation of receipt of his or her registration. This does not, however, constitute binding acceptance of the offer. The participant receives a confirmation of participation after availability has been reviewed. The contract comes into effect with receipt of the confirmation of participation.
- In the case of fee-based events, the participant receives an invoice together with the confirmation of participation. Unless agreed otherwise, the invoiced amount is payable within 14 days without deductions.
- The number of participants may be limited. In the case of some events, participation is possibly "by invitation" only.
- The price listed in the invoice is binding vis-à-vis the participant.
- All prices are net prices plus the applicable statutory value added tax.
- In the case of special prices – due to discounts or preferential rates, for example – these prices are listed separately in the registration documents. The granting of preferential rates is subject to the provision that proof of the corresponding entitlement is provided by the beginning of the event or trip at the latest. If it is not possible to provide such proof, the participant must pay the difference between the regular price and the preferential rate at the beginning of the event.
- If the participant fails to pay the invoiced amount within 14 days of receipt of the invoice, Management Forum is entitled to withdraw from the contract.
- Payment is to be made using the methods specified for the service in question. If this results in additional fees levied by Management Forum, these additional fees are listed separately. Management Forum is entitled to exclude a participant from participation if proof of payment of the invoiced amount cannot be provided at the beginning of the event.
- If a payment is charged back (due, for example, to a lack of funds on the account specified when the order was placed), the participant must pay compensation for any resulting costs incurred by Management Forum, including internal costs and processing fees in the amount of 50 euros per chargeback. The participant is free to provide proof of lower costs, and Management Forum is free to provide proof of higher costs. In the event of a chargeback, Management Forum is entitled to withdraw from the contract immediately. This will not affect any further claims of Management Forum of HANDELSBLATT MEDIA GROUP GmbH against the participant.
- If the participant does not wish to participate in the event, he or she must declare his or her withdrawal from the contract in writing or by e-mail to Management Forum. You can find our cancellation provisions for trips under no. II. The cancellation provisions for events are as follows:
a) In the case of withdrawal/cancellation up to 28 days before the start of the event, the participation fee will be reimbursed after deduction of a processing fee of 50 euros.
b) In the case of withdrawal/cancellation less than 28 days before the start of the event, there is no right to reimbursement. The same applies if the participant fails to attend the event.
- If you are prevented from participating, you have the option of sending a replacement participant. This does not apply, however, to "by invitation" events. You must bear any additional cost arising from replacement participation.
- The participant has the right to provide proof of lower cancellation costs.
- The scope of the contractual service in the context of the event in question is apparent from the information documents, any relevant registration forms and the confirmation of participation transmitted by Management Forum.
- We reserve the right to make changes to the content of the event programme at short notice if this is necessary and provided that this does not impair the purpose of the event. We also reserve the right to name a substitute speaker in exceptional cases.
- The offer for the event does not include inbound travel, accommodation or meals, unless services of this kind are explicitly listed in the description of the event.
- If a contractual partner does not make partial or full use of services offered in the proper manner, this does not give rise to any claim for reimbursement of the participation fee of for any other substitute services.
7. Cancellation of the event/Rescheduling/Change of event moderator by Management Forum
- In the event that an event is cancelled, Management Forum will reimburse the payment made. Other fees will only be reimbursed if the event was cancelled due to intent or gross negligence on the part of Management Forum of HANDELSBLATT MEDIA GROUP GmbH.
- If the event is rescheduled, the participant is entitled to withdraw from the contract. Management Forum undertakes to inform you of this via one of the addresses specified in the bookings (by standard mail, e-mail, phone etc.). The sending of this information is deemed sufficient. Any unused travel costs, hotel bookings etc. will only be reimbursed by Management Forum if the failure to inform the participant of the rescheduling of the event is due to gross negligence or intent and if the participant has taken all the necessary steps to avoid these costs.
- In the event of intentional or grossly negligent behaviour, Management Forum is liable for its own culpability or that of its vicarious agents in line with the legal regulations. The same applies in the event of injury to life, limb or health.
- In the event of minor negligence, Management Forum and/or its vicarious agents are only liable in the case of violation of material contractual obligations for typical, foreseeable damage.
- In the case of minor negligence, liability is limited in amount to the paid participant price.
- Liability for loss of profit, indirect damages and consequential damages is excluded.
9. Property rights, copyright
- All rights to an event name (title rights) and to event and travel documents issued or displayed by us remain with us or our partners. To the extent that this is a constituent element of our services, you will be granted a simple, non-transferrable and non-licensable right to use to the event documents for your own personal use. Reproduction, dissemination, making publicly available, editing or commercial evaluations are not permitted without our prior written consent.
- We would like to point out that video recording, photographing or sound recording of the event is not permitted either in part or in whole.
10. Final provisions
- We reserve the right to revise these conditions from time to time. If you are registered with us as a participant, you will receive information from us by e-mail regarding any revisions.
- The legal venue for all disputes is Düsseldorf. We reserve the right to also take legal action at the legal venue of the company.
- The laws of the Federal Republic of Germany apply, to the exclusion the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the regulations of international private law.
II. Additional conditions: trips
In the event that you book a trip with us, the following conditions additionally apply:
1. Presence of a trip
A trip is considered to be present if we provide at least two travel services (e.g. flight, transport and accommodation).
Our travel conditions contain some important restrictions and liability limitations.
Please take careful note of these restrictions before we confirm your trip. We advise you to take out travel insurance providing cover that is appropriate for your trip or your arrangement. Some of our trips are dependent on a minimum number of participants. Please refer to the specific trip details for more information. We will inform you at the latest 28 days before the departure date if we have to cancel a trip due to an insufficient number of bookings.
Please note that we are not responsible for your inbound or outbound travel unless you have also booked this travel with us.
Traveller who are not in possession of a valid German passport must themselves take the necessary steps to obtain the required information on the passport and visa regulations from the embassies or consulates of the destination country or the transit countries.
3. Registration and conclusion of the contract
Registration and conclusion of the contract are governed by the provisions outlined above in I. 2. If, however, the content of our declaration of acceptance deviates from the content of your registration – due to the fact that you were unaware of these conditions at the time of registration, for example – then a new offer is deemed to exist, and we will abide by this offer for a period of ten days. In this event, the contract will be concluded on the basis of this new offer, provided that you declare acceptance within the ten-day period either explicitly or by making the required payment.
- You receive an invoice when the travel contract has been concluded. The invoiced amount is due within 14 days of receipt plus the statutory value added tax (where applicable against issuance of a security certificate). If we do not receive any payment from you, we must assume that you have withdrawn from the trip. We will charge cancellation fees in this event.
- If the participant does not make the payment on time, we are entitled to withdraw from the contract following a reminder with deadline and to bill the participant for the cancellation costs.
- We reserve the right to change the prices agreed in the travel contract after the contract has been concluded as follows in the event of increases in transportation costs or fees for certain services, such as port or airport fees:
If the transportation costs specified when the travel contract was concluded increase, in particular with regard to the fuel costs, we are entitled to demand a corresponding additional pro rata amount per participant to cover these costs. This is only permitted, however, if the period between conclusion of the contract and the agreed travel date exceeds four months and if the circumstances resulting in the increase did not occur before the conclusion of the contract and it was not possible for us to foresee these circumstances.
Furthermore, we will inform you without delay in the event of an retrospective changes to the travel contract. Price increases are not permitted from the 20th day before the start of the trip. If the price increases by more than 5% relative to the original price of the trip to your disadvantage, you are entitled to withdraw from the travel contract without incurring any fees or to demand participation in an at least equivalent trip if we are able to offer you such a trip without a surcharge. You must, however, exercise these rights vis-à-vis us without delay.
- Up to the date on which the trip begins, you may inform us that a third party is assuming the rights and obligations arising from the travel contract in place of you yourself. We only have the right to refuse to accept the substitute named by you if he or she does not meet the specific requirements for the trip or if legal provisions exist that preclude their participation. You must bear any additional costs resulting from the naming of a substitute participant.
- You can withdraw from your participation in the trip at any time before the start of the trip. Cancellation must be in writing or text form. In the event of cancellation, we lose our entitlement to the price of the trip. If, however, the cancellation is not due to reasons for which we are responsible or in the event of force majeure, we receive appropriate compensation for the preparations made up to the time of cancellation. The calculation of the cancellation fee takes account of normally saved expenditure and the possible alternative use of the travel services. In the event of withdrawal up to the 28th day before the start of the trip, the cancellation fee is 50% of the price of the trip. The full price of the trip will be due as a cancellation fee in the case of withdrawal after this date.
You are entitled to provide proof to us that no damages were suffered or that the suffered damages are significantly lower than the demanded cancellation fee. By the same token, we reserve the right to demand a higher, specific cancellation fee rather than the above flat rates if we are able to prove that this is warranted.
If you fail to take advantage of individual contractually promised services for reasons for which we are not responsible, your entitlement to (pro rata) reimbursement of the price of the trip no longer exists.
6. Services, changes to services
- We may only change important parts of the travel services if these changes become necessary after conclusion of the contract, if they have not been caused by us in bad faith, and if the changes are neither major nor impair the overall nature of the trip.
- If a minimum number of participants is not reached, we are entitled to withdraw from the travel contract up to the 28th day before the agreed start of the trip.
- In the event that a trip is cancelled for reasons for which we are responsible, you will be reimbursed for any payments made without delay.
7. Liability, notification obligations
- The statutory warranty rights apply. If the trip is not provided in accordance with the contract, it is your responsibility to take action. Any shortcoming with regard to the trip must be reported without delay. If you culpably fail to report any shortcoming, it will not be possible to reduce the price of the trip. The only cases in which this notification obligation does not apply are cases in which reporting the shortcoming is recognisably futile or cannot be reasonably expected of you. Notification of shortcomings must be made to the travel management representative at the holiday destination. If such a representative is not present, then please contact us. We will in any case inform you of the name of your contact person before the start of the trip. Claims against our company are excluded unless they are asserted within one month after the end of the trip. In order to meet the specified deadline, claims may only be asserted via-à-vis our company at the address listed in no. I. If you fail to comply with the deadline, you must provide proof that you were not at fault for such failure.
- For the remainder, our liability for damages – with the exception of physical injury – is limited to three times the price of the trip, unless such damage is due to intentional or grossly negligent acts on our part or the damage incurred by you is solely the fault of one of our vicarious agents.
- Liability is excluded for damage to persons and property in connection with services for which we acted only as an intermediary (such as transport services, theatre visits, exhibitions, excursions, sporting events). This exclusion does not apply to services in connection with your transport from the point of departure of the trip to the listed destination, intermediate transportation and accommodation as well as in the event of damage arising from a violation of information obligations on our part.
- Liability for force majeure is excluded in all cases.
8. Cooperation obligations
- Please ensure that you are always in possession of valid travel documents. Plan enough time for your travel to the departure point of the trip. Please inform us in good time of any limitations (diets, required support services, necessary aids such as a wheelchair). In such cases, we may require you to present a health certificate stating that you are fit to travel.
- Please make sure you comply with the luggage and customs regulations of the destination and transit countries.
Düsseldorf, last revised 07/2019