General Terms and Conditions
Forum Baumpflege GmbH & Co. KG:
§ 1
Scope – Contracting Parties
(1) These General Terms and Conditions apply exclusively to all current and future contracts for services between Forum Baumpflege GmbH & Co. KG (hereinafter: Organizer) and the participants of the event (hereinafter: Participants). Participants include in particular participants in training or conferences (hereinafter: Conference Guests), visitors to the trade fair (hereinafter: Trade Fair Visitors) and the staff of exhibitors (hereinafter: Exhibitors). Deviating general terms and conditions of the participants will not be recognized unless the Organizer expressly agrees to their validity in writing. Provisions of any individual agreement between the parties, if concluded, take precedence over these terms.
(2) These General Terms and
Conditions apply to both consumers and entrepreneurs, unless a respective clause provides otherwise. A participant is a consumer if the purpose of the ordered
deliveries and services cannot predominantly be attributed to their commercial or
self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or legally capable
partnership acting in the exercise of its commercial or self-employed professional activity when concluding the contract. Participants within
the meaning of these General Terms and Conditions include both consumers and
entrepreneurs.
§ 2
Conclusion of Contract
(1)
Participants can place their order in the Organizer’s online shop.
(2) By clicking the
field “Order with obligation to pay,” the participant makes a binding
offer to the Organizer.
The offer is deemed accepted when the Organizer sends the participant a
purchase confirmation with the ticket by email.
(3)
Participants have the option to access the contractual provisions, including the
General Terms and Conditions, on the Organizer’s website before the contract
is concluded and to save them in a reproducible form.
§ 3
Organizer’s Services and Personalized Tickets
(1) A ticket entitles the participant to enter the event. Conference Guests are entitled to attend all lectures of the event as well as to visit the exhibition. Trade Fair Visitors are only entitled to visit the exhibition. Exhibitors are entitled, for the purpose of performing their agreed tasks, to be present in the exhibition area.
(2) The event will, in essence, correspond in content and organization primarily to the specific conference description (including the listed venue and program) and otherwise to the Organizer’s previous conferences. The participant has informed themself on the Organizer’s homepage https://www.deutsche-baumpflegetage.de The nature, style, and quality of all reviewed conference information ctory to the participant.
(3) The conference description, including the program listed there, reflects the current planning status. In particular, due to possible cancellations of individual speakers or exhibitors, the Organizer reserves the right to make changes to the conference description. As long as the overall character of the event is preserved, the participant shall have no claims arising from this, in particular no right of withdrawal. The Organizer will publish significant changes without delay on the homepage https://www.deutsche-baumpflegetage.de .
(4) Thef tickets is made electronically by email to the email address provided by the purchaser. This e-ticket can be printed as a pdf file or used as a Wallet Ticket for Apple phones or a mobile ticket for Android phones.
(5) Tickets are personalized and non-transferable. They
are valid only for the holder whose first and last name, company, city, and country are stated on the
ticket. At the access control to the event,
the participant may be asked to present photo identification (e.g.,
identity card, driver’s license, or passport). If the
participant does not comply, or if inconsistencies arise, the participant may
be denied entry to the event. Any claims by the
participant arising therefrom are excluded.
(6) Each ticket will be electronically checked for validity
.
(7) In the case of printing the ticket, it is required
that it be printed using a laser or inkjet printer with at least 300
DPI resolution on white A4 paper in legible quality, in color or
black and white, to enable technically proper scanning. For printing, the use of Acrobat Reader or another
suitable Pdf program is required.
(8) Upon entering the event, the customer will identify themself with their ticket, printed or digital (via Wallet Ticket for Apple phones or mobile ticket for Android phones), and will then receive a so-called “badge” which captures and displays the data of the ticket. This badge then serves as the participant’s entry and stay authorization for the conference and must be carried by the participant at all times.
(9) The
Organizer is entitled to rely on the accuracy and the completeness of the information provided by the participant.
The Organizer may also assume the accuracy of the
communication data provided. Changes to communication data
(e.g., address changes) must be communicated, as failure to do so can otherwise lead to misdirection
and delays.
(10) The participant is obliged to check their ticket immediately after
receipt of the email for correctness in accordance with their order
and to notify the Organizer of any errors without delay in text form.
(11) The participant is not entitled to reproduce or
alter the purchased ticket. The participant is advised
that duplication is generally a criminal offense and, if detected, will as a rule be
reported by the Organizer to the authorities.
If copies of a ticket are discovered, all tickets bearing that
code will be declared invalid and will no longer entitle entry. It is the participant’s responsibility to protect their
web account, their ticket, or their mobile ticket, and the device, against
unauthorized access by third parties.
§ 4
Data Protection Provisions
(1) The contracting parties ensure that
they will comply with all relevant data protection laws
within their areas of responsibility. The contracting parties will ensure that their
employees are bound to data secrecy in writing and
appropriately instructed.
(2) The Organizer, as the controller,
fulfills its data protection information obligations by providing
its privacy notices. These can be accessed under #Privacy Policy >.
Additionally, they can be requested by email, telephone, or post using the
contact details listed in the imprint, either as a digital document or in paper form.
(3) The Organizer
and its service providers use an encrypted transmission procedure
(SSL encryption) for the transfer of customer and
payment data.
(4) The Organizer is entitled, within the purpose of the contract, to collect, store, and process the personal data entrusted by the participant in compliance with data protection regulations.
(5) If the contractual services of the
Organizer require access to personal data of customers, suppliers,
and other contractual partners of the participant, the parties
will enter into a separate written data processing agreement
(commissioned data processing).
(6) The Organizer
will provide the contractual services in Germany or from the
service locations agreed with the participant. The use of
subcontractors from countries outside the European Economic Area (EEA)
requires the prior consent of the customer, which must be given at least in text form.
In the event that personal data are transferred
by way of subcontracting to countries outside the European Union (EU)
or the European Economic Area (EEA), the Organizer will comply with the legal requirements for
cross-border transfers, in particular under Articles 44–49 of the GDPR,
and ensure an adequate level of protection for the personal
data.
§ 5
Liability – Limitation Period
(1) The Organizer is liable to the participant in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, the Organizer shall be liable – insofar as not otherwise provided in paragraph 3 – only for the breach of a contractual duty the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the participant regularly relies (so-called cardinal duty), and in such case limited to the replacement of the foreseeable and typical damage. In all other cases, the Organizer’s liability is, subject to paragraph 3, excluded. The limitations and exclusions of liability under this section also apply in favor of the Organizer’s legal representatives, employees, and other vicarious agents.
(3) The Organizer’s liability for damages arising from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions.
(4) Individually
agreed limitations of liability take precedence over the above
provisions.
(5) Unless a
shorter limitation period is prescribed by law, claims of
entrepreneurs against the Organizer shall become time-barred three years after completion of the
assignment.
§ 6
Payment
(1) The remuneration of the Organizer is based on the price stated in the online order. The payment for the ticket becomes due immediately upon conclusion of the contract. The participant’s payment is made exclusively cashless by credit card or PayPal, unless payment by bank transfer was expressly permitted for the respective item during the online order.
(2) Set-off
against claims of the Organizer is not permitted unless the participant’s claim is
undisputed or has been finally adjudicated.
(3) In the event of payment default, the Organizer is entitled to rights of refusal of performance and retention. In particular, the Organizer is entitled to refuse entry to the event until full payment has been made.
(4) The Organizer has the right to withdraw from the contract if the participant is wholly or partially in default of payment for at least 14 days. A claim for damages by the participant is excluded in this case.
§ 7
Participant’s Obligations
to Cooperate
(1) The participant is
obliged to support the Organizer to the best of their ability and to create all
conditions required for proper performance of the contract that are
possible for them. In particular, the participant must provide all information
relevant and necessary for the performance of the contract promptly and
correctly.
(2) If the
participant is in default with their obligations to cooperate for at least 14 days,
the Organizer is entitled to withdraw from the contract.
A claim for damages by the participant
is excluded in this case.
§ 8
Copyright
(1) Rights of use to
services of the Organizer as well as to those of the speakers, artists, and exhibitors involved
in the conference that are performed within the scope of the event
are not granted to the participant unless something to the contrary is expressly agreed
in writing.
(2)
The participant is advised that the above-mentioned services
may be protected by copyright and other legal protections
and therefore may not be edited, passed on, or published.
(3)
The participant shall indemnify the Organizer from all third-party claims
based on the participant’s editing, transmission, or publication of the above
services.
§ 9
No
Content Review
The
Organizer conducts no content review, in particular with regard to the
content presented by speakers and artists as well as the content of the
exhibition. The Organizer therefore assumes no warranty for the accuracy
of the presented or transmitted content.
§ 10
Right to One’s Own Image
(1) As a rule, the Organizer commissions third parties to record the event by means of photos and videos. These will later be used for the Organizer’s own purposes (e.g., for external PR reports or the Organizer’s homepage). As a rule, there will be no close-up shots of individuals unless they are speakers or otherwise presenting at the conference, or their express consent has been obtained.
(2) On this basis, the participant agrees that the Organizer, either itself or through third parties, creates photos and/or videos in which the participant is recognizable and uses them for its own purposes, in particular by publishing them on https://forum-baumpflege.de/https://forum-baumpflege.de or by using them for external PR reports, .
§ 11
House Rules
All participants in the German Tree Care Days acknowledge the house rules and event regulations of Messe Augsburg. These are available for download here.
Additional Conditions for Providing a Wlan Access
(1) If the
Organizer provides the participant with internet access via WLAN
or enables the participant to use a third party’s WLAN, the use
of the WLAN is at the participant’s own risk, in particular
regarding the possibility of third parties accessing the user’s device
or infection with harmful software (e.g., viruses or trojans). The
participant is responsible for all security measures (e.g.,
encryption, antivirus, firewall). For data transmitted over the WLAN,
for paid services used via it, and for legal transactions
carried out via it, the participant is solely responsible; they
bear all resulting costs.
(2) The participant is
obliged to comply with applicable law when using the WLAN;
in particular, the participant undertakes
•
not to use
the WLAN either to access or distribute criminal, immoral, or
otherwise unlawful content;
•
not to
unlawfully reproduce, distribute, make available, or otherwise exploit
copyright-protected works via the WLAN, for example by using
file-sharing programs or exchanges;
•
to comply
with applicable youth protection regulations;
• not to send or distribute harassing,
defamatory, or threatening content and
not to use the WLAN for sending mass messages (spam) and/or other
forms of impermissible advertising.
(3) The participant
shall indemnify the Organizer against all third-party claims arising from a
violation of the above conditions or from unlawful
use of the WLAN by the participant. This applies in particular to
claims arising from data protection, copyright, or
other legal disputes in connection with the participant’s use of the
WLAN, as well as the corresponding costs of
legal prosecution or defense. If the participant becomes aware that such
a legal violation and/or such a breach exists or is threatened, they
must inform the Organizer immediately.
(4) If the
participant provides the WLAN connection made available or enabled by the Organizer to third parties,
the participant shall be liable for all
breaches of this agreement caused by that user as for
their own breaches.
§ 13
Participant Cancellation
(1) The participant is
permitted to cancel a purchased ticket without stating reasons.
(2) This can only be done via the Organizer’s ticket shop, accessible at https://www.deutsche-baumpflegetage.de
(3)
ys before the start of the event, conference guests and trade fair visitors
may cancel free of charge. Payments already made will be refunded.
(4)
Up to 10 days before the start of the event, exhibitors may cancel their
tickets and exhibitor passes free of charge. Payments already made will be refunded.
The cancellation of the stand area is not affected and is governed,
departing from this provision, by the deadlines and conditions specified in the exhibitor information. It is handled directly by the Forum Baumpflege GmbH & Co. KG office with the exhibitor.
(5) Cancellation
by the participant at a later time than 10 days before the start of the event is
not possible.
§ 14
Organizer
Cancellation
The Organizer is permitted to cancel a purchased ticket without stating reasons up to 10 days before the start of the event. In this case, the Organizer will refund payments already made to the participant.
§
15
Corona Clause
(1) If the
Organizer is hindered in fulfilling its contractual services by effects
that directly or indirectly are in a concrete context with the coronavirus (Covid 19) or a mutation thereof,
the following applies:
An impediment to
performance exists in particular if, due to the occurrence of
the coronavirus or a mutation thereof
a) the event
cannot take place or cannot take place at the planned venue,
b) cannot take place with the
planned number of participants,
c) quarantine measures
are imposed on the operation or a not insignificant part of the operation of the
Organizer or the planned venue,
d) relevant
government-ordered business closures, curfews, travel bans, or
obligations to return from abroad are imposed,
e) necessary
materials or services from abroad are not available due to government-ordered
entry bans or supply chains are interrupted by government
measures,
f) a not
insignificant part of the Organizer’s or its
service providers’ or speakers’ employees are in
quarantine due to infection with the coronavirus or a mutation thereof or for other reasons.
(2) In this case, the
Organizer is obliged to inform the participant without delay in text form of the occurrence
of the impediment and its effects.
(3) In this case, the Organizer
is entitled to postpone the event date depending on the scope and
duration of the impediment and its consequences, without the participant
being granted a right of withdrawal from the contract or a claim for damages. The Organizer does not fall into default due to the postponement of
the event date.
(4) Both parties are
obliged to do everything within their power and reasonable to mitigate damage.
(5) If the
interruption due to the impediment lasts longer than 18 months, the
Organizer is entitled to cancel the event in whole or in part
without the participant being able to derive claims for compensation therefrom.
§ 16
Force Majeure
(Force-Majeure)
(1) The
contracting parties are not liable in cases of force majeure. This includes all
unforeseeable events as well as events that—if they had been foreseeable—
are outside the parties’ sphere of influence. These include
in particular, but not limited to, the following events:
Natural disasters such as
floods, storm surges, hurricanes and typhoons as well as other severe weather events amounting
to a catastrophe, earthquakes, lightning, avalanches and landslides, fire,
plagues, pandemics, epidemics, and infectious diseases (provided such
have been declared by the WHO or a ministry or the
Robert Koch Institute has set a risk level of at least “moderate”),
war or war-like conditions, civil unrest, revolution, military or
civil coup, uprising, blockades, orders from authorities and governments, strikes,
lockouts.
(2) If such
an event of force majeure occurs, the affected contracting party
is obliged to inform the other contracting party without delay, at the latest within
14 days after becoming aware, in text form about the occurrence of the event and
the consequences of its impairment of performance.
(3) In this case, the Organizer is
entitled to postpone the event date depending on the scope and duration
of the force majeure event and its consequences, without the
participant being granted a right of withdrawal from the contract or a claim for damages. The Organizer does not fall into default due to the postponement of the
event date.
(4) Both parties are
obliged to do everything within their power and reasonable to mitigate damage.
(5) If the interruption due to an event
of force majeure lasts longer than 18 months, the Organizer is
entitled to cancel the event in whole or in part without the
participant being able to derive claims for compensation therefrom.
§ 17
Place of Jurisdiction and
Applicable Law
(1) The exclusive place of jurisdiction
for contracts with merchants, legal entities under public law,
or public-law special funds is the court
with jurisdiction over the Organizer’s registered office.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of choice of law and the applicability of mandatory provisions, in particular of the state in which the participant, as a consumer, has their habitual residence, remain unaffected.