General terms and conditions
1. SCOPE
The following terms and conditions (“AGB”) apply to the “Mary Jane Berlin” trade fair.
1.1. Exhibition venue and organizer
The “Mary Jane Berlin” trade fair will take place at Arena Berlin • Eichenstr. 4 • 12435 Berlin. The organizer of the exhibition “Mary Jane Berlin” is
Rocket Cannabis GmbH
Managing Director: Duc Anh Dang
Attilaststraße 16 • 12529 Schönefeld
Fax: +49 (0) 30 — 221 85334
email: info@mary-jane.de
1.2. The contractual relationships between the exhibitor and the organizer are governed by the following provisions in the following order of priority:
- Individually agreed contracts
- these terms and conditions
- Statutory regulations.
The terms and conditions of the respective exhibition location must be observed and complied with.
2ND REGISTRATION
2.1. Registration must be made on the special registration form for each exhibition/trade fair, which must be completed and signed and sent to the organizer in a legally binding manner. The offer signed by the exhibitor/sponsor and stamped with the company stamp is also valid in any case.
2.2. Submitting the registration form does not yet give rise to a claim for admission. The return of the completed and signed registration/offer to the organizer is a contractual offer from the exhibitor/sponsor, which requires acceptance by the organizer.
2.3. By registering, the exhibitor/sponsor acknowledges all contractual conditions set out in Section 1.2. Unilateral reservations or conditions in connection with the registration will not be considered. The exhibitor/sponsor must ensure that the persons employed by him at the fair/exhibition and his vicarious agents also comply with the conditions and guidelines.
2.4. For the purpose of processing applications, the information is stored, evaluated and, if necessary, passed on to third parties for the purpose of contract execution.
3. ADMISSION AND ALLOCATION OF PLACES
3.1. All domestic and foreign manufacturers, retailers, service companies and institutions or associations and associations as well as those companies that are authorized by a manufacturing plant to display its products and companies whose articles belong factually and thematically within the framework of the trade fair/exhibition can be admitted. Participation in the form of joint stands is permitted, but all participating companies must be notified to the organizer in writing before the official deadline for printing documents.
3.2. All exhibits and services must correspond to the product groups of this trade fair/exhibition. Other companies may be allowed to participate, provided that the exhibits represent an essential addition to their offerings. The organizer may demand that objects be removed from the exhibition grounds that prove to be annoying, dangerous or unsuitable. If this request is not met, the organizer will remove the items at the exhibitor's expense. The exhibitor must ensure that the exhibition objects he has registered are subject to his full power of disposal and that he has any necessary official permits or permits to operate.
3.3. The organizer may decide on the admission of exhibitors and registered items in cooperation with the responsible committees. For objectively justified reasons, in particular if the available space is insufficient, the organizer may exclude individual exhibitors or suppliers from participation and, if necessary to achieve the purpose of the event, restrict the event to specific groups of exhibitors or providers. For the same reasons, the organizer is entitled to restrict the registered exhibition items and change the registered area, insofar as this is reasonable for the exhibitor. Approval is only valid for the registered exhibition items, the exhibitors specified in the confirmation of admission and the place specified therein. Objects other than those declared and approved may not be exhibited. Exhibitors who have failed to meet their financial obligations to the organizer or who have violated the conditions of participation or legal provisions may be excluded from participation
3.4. The participation fee is both admission and status confirmation. The organizer is entitled to revoke the granted admission if it was granted on the basis of incorrect requirements or information or if the admission requirements later cease to apply.
3.5. Space will be allocated by the organizer taking into account the theme and structure of the respective event as well as the available spaces. Space requests made in the registration form will be taken into account whenever possible. If necessary, the organizer reserves the right to change the size, shape and location of the allocated space, provided that this is reasonable for the exhibitor, taking into account the interests of the organizer. The organizer shall immediately inform the exhibitor of the need for such a measure and, if possible, provide him with an equivalent alternative stand. If the contribution amount changes, reimbursement or recalculation will be made. An exchange of the allocated space with another exhibitor or a partial or complete transfer of the space to third parties is not permitted without the consent of the organizer. If the space is not available due to reasons not attributable to the organizer, the exhibitor is entitled to a refund of the participation price.
4TH PARTICIPATION PRICE
4.1. The participation prices are calculated from the net prices per m2 shown in the registration form multiplied by the number of square meters of floor space, plus, if applicable, the rental price for the exhibition stand depending on size and design. The minimum size of a stand is also listed, each additional square meter of floor space is filled, the area is calculated in addition at right angles without taking into account the shape of the stand.
4.2. The participation prices and all other fees are net prices. The value added tax is calculated in accordance with the legal regulations of the country in which the trade fair/exhibition takes place on the respective date of the event.
4.3. Reorders are possible up to 14 days before the start of the trade fair at no extra charge; for orders from 7 days before the start of construction, a 20% late booking surcharge will be charged on all services.
4.4. Services incurred during the trade fair or during dismantling will be recalculated. If the actual effort is higher than pre-ordered, a recalculation will take place.
4.5. The organizer reserves the right to offer discounted stand rentals to selected associations, associations, environmental groups and other organizations.
5. PAYMENT TERMS AND CONDITIONS, LANDLORD LIEN
5.1. The participation fee is both admission and status confirmation. The payment deadline can be found in the respective invoice. Payment of the invoice amounts in full and in advance is a mandatory requirement for using the exhibition space and for handing out exhibitor passes. Any early booking or loyalty discounts expire if the exhibitor does not meet the payment deadlines and does not pay within one week of dispatch, even in response to reminders. If invoices are sent to a third party on the issuer's instructions, the issuer remains the debtor nonetheless. The exhibitor receives invoices for any additional costs (e.g. technical service, accessories/furniture) immediately upon ordering, possibly after the event. They must be paid by him immediately after receipt of the invoice or offset against the settlement amount paid.
5.2. All invoice amounts must be transferred in full at the time of payment and in € to the account specified in the invoice, without any deduction, including the invoice and customer number. Complaints must be made in writing immediately after receipt of the invoice and will only be considered if they are made within 14 days of invoicing.
5.3. If, contrary to the registration, the exhibitor requests a change that results in a change in the invoicing, the organizer is entitled to charge a fee of €10 plus statutory value added tax.
When the payment is delayed, interest of 9% above the respective base interest rate plus a lump sum of €40 will be charged. If the exhibitor fails to meet the payment deadlines (also due to incomplete payment), the organizer may give notice of termination with regard to the entire permitted area and otherwise dispose of it. With regard to reimbursement of costs, Section 6 (Withdrawal & Non-Participation) of the conditions applies.
5.5. For all obligations not fulfilled, the organizer may withhold the exhibitors' stand equipment and exhibition goods on the basis of the contractual lien. Section 560 sentence 2 BGB does not apply unless sufficient security already exists. If payment is not made within the set period, the organizer can sell the withheld items hands-free after written notice. The organizer is only liable for damage and/or loss of the pledged goods in the event of intent or gross negligence.
5.6. If several exhibitors/co-exhibitors rent a stand together, each of them is individually liable as joint and several debtors. You must name a joint representative in the application (trade fair contact person).
6. WITHDRAWAL & NON-ACCEPTANCE, COMPENSATION
6.1. It is possible to withdraw from registration until admission has been received.
6.2. Once approved, it is no longer possible for the exhibitor to withdraw or reduce the stand space. The full participation fee and the services actually provided must be paid. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result. The exchange of unoccupied areas by the organizer (if reasonable for the exhibitor) to maintain the overall visual appearance does not release the exhibitor from his payment obligation. Does the exhibitor refrain from occupying the stand space allocated to him or, in the case of section 5.4. (non-compliance with payment deadlines), and if this space can be rented out elsewhere by the organizer (no occupancy through exchange), then the exhibitor must pay 25% of the participation fee, pay at least €750 plus the statutory value added tax as lost profit and reimbursement of administrative expenses. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result.
6.3. The resignation and non-participation of the main exhibitor will simultaneously result in the expulsion and revocation of the approval of the co-exhibitor or additionally represented company. If a request is made for the opening of court settlement or insolvency proceedings against the assets of the exhibitor/co-exhibitor or if such an application is rejected due to lack of substance, the organizer is entitled to terminate the contract without notice. In any case, the exhibitor must immediately inform the organizer of the request for the procedure. The above paragraphs apply mutatis mutandis to payment obligations.
6.4. If a co-exhibitor does not attend, the registration fee for the remaining exhibitors remains unaffected.
6.5. Stands that are not visibly occupied up to at least 24 hours before the start of the trade fair/exhibition can be reassigned elsewhere in view of the overall picture. The exhibitor nevertheless owes the full participation price as compensation for the damage suffered by the organizer. If, as a result of the short time available, no interested party is found, the design of the stand space will also be carried out at the exhibitor's expense. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result.
6.6. If the exhibitor is unable to participate due to circumstances for which neither he nor the organizer is responsible (force majeure), the participation price is reduced by half. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result.
7. STAND DESIGN
7.1. By appointment, the exhibitor is entitled to set up their own exhibition stands. The design of the stand is left to each exhibitor if all contractual conditions (see section 1.2.) are met. The exhibition stand must be adapted to the overall plan of the fair/exhibition. The organizer reserves the right to prohibit the construction of inappropriately or insufficiently equipped stands or to change them at the exhibitor's expense, insofar as this is reasonable for the exhibitor.
7.2. The stand must be properly equipped, staffed by expert staff and kept accessible to visitors during the entire duration of the fair/exhibition during the fixed opening hours. Foreign stands may not be entered outside daily trade fair opening hours without the permission of the stand owner. The early dismantling of the stand is not permitted and can be punished with a contractual penalty of at least 50% of the stand rent. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result.
7.3. The exact times, as well as the exact organization of assembly and dismantling, as well as delivery and collection, will be announced to the exhibitor in good time by the organizer. These are binding. In addition, the exhibitor is responsible for ensuring that the permits required for his activity are available and that the applicable trade, competition, health, fire and police regulations are complied with. It is expressly prohibited to assemble and disassemble during trade fair opening hours. In case of infringement, an amount of 500 euros will be charged. The exhibitor reserves the right to prove that the organizer has suffered little or no damage as a result
7.4. Early construction times and extended dismantling times must be applied for and approved.
7.5. The stand construction must be completed at 9:00 a.m. on the first day of the exhibition. If this deadline cannot be met, the exhibitor must inform the organizer in writing. If there is no notification by the date set out in Section 6.5 above and if the space is not occupied, the organizer reserves the right to dispose of the space elsewhere from this point on without further notice and without reimbursing any costs to the previous stand tenant. Changing the assigned space is not permitted without prior approval.
7.6. The exhibitor is solely responsible for vacating the stand on time. After the agreed dismantling period, all obligations assumed by the organizer expire. The organizer declines any responsibility for goods still on the exhibition grounds — including those sold to a third party during the fair/exhibition. The organizer is entitled to charge a storage fee of an appropriate amount for exhibition and exhibition goods that have not been dismantled and transported on time; the organizer is also entitled to have the exhibition goods removed and stored immediately by a suitable company at the expense and risk of the exhibitor.
8. SALES REGULATION
8.1. The sale of goods for a fee at the stand (hand sale) is only permitted for the articles registered and confirmed by the organizer and only within the framework of the respective regulations. The right to sell food and drinks for immediate consumption is only available to exhibition restaurants or sellers who are authorized to do so by the organizer.
8.2. The exhibitor undertakes not to display, sell or give away illegal substances of any kind. In the event of infringement, the person will be removed from the trade fair and bear all costs for any subsequent damage. The costs will not be reimbursed.
9. SURVEILLANCE/CLEANING
9.1. The organizer is responsible for general security of the site and the halls. The exhibitor himself is responsible for supervising and guarding the stand. This also applies during set-up and dismantling periods. It is recommended to keep valuable, easy-to-remove items under lock and key. If the exhibitor requests stand surveillance, the exhibitor must use the security company named by the organizer. The exhibitor bears the costs.
9.2. The organizer ensures the general cleaning of the premises and the hallways. The exhibitor is responsible for cleaning the stand; it must be completed daily before the event opens. Booth cleaning (floor space only) can be ordered via exhibitor registration.
9.3. If garbage or other objects have been left behind after the stand has been vacated, the organizer is entitled to have this or these removed and destroyed at the exhibitor's expense, plus a surcharge of 25%. The exhibitor reserves the right to prove that the organizer has suffered little or no damage as a result
10. ADVERTISING ON STANDS/EXHIBITION GROUNDS
10.1. Exhibits, printed material and advertising material may only be exhibited within the rented stand, but not distributed in the hallways or in the exhibition center.
10.2. The organizer is entitled to prohibit the distribution and display of advertising material that may give rise to complaints and to secure existing stocks of this advertising material for the duration of the event, insofar as this is reasonable for the exhibitor.
10.3. Visual, moving and acoustic advertising materials and product presentations are permitted as long as they do not annoy the neighbour and do not drown out the exhibition's own exclamation system in the halls. The exhibitor is obliged to issue any permits or registrations (e.g. GEMA) and is personally liable for this. In the event of violations of this regulation, the organizer may intervene and demand an amendment.
10.4. The carrying or driving of advertising media around the exhibition grounds, as well as the distribution of printed matter and samples outside the rented stand, is only possible with written permission from the organizer. In addition, addressing and interviewing visitors outside the stand is strictly prohibited. A corresponding request must be submitted in writing to the organizer.
11. TECHNICAL SERVICES
The organizer provides general heating, cooling and lighting for the halls. The exhibitor is responsible for individual lighting of the exhibition stands and must be requested separately. The costs for installing water, electricity and telecommunications connections for the individual stands and other services will be charged to the exhibitor (main exhibitor). The organizer is entitled to demand appropriate advances. All installations may only be carried out by the organizer. Within the stand, installations can also be carried out by other specialist companies, which must be named to the organizer upon request. The organizer is entitled but not obliged to check the installations. The exhibitor is liable for damage caused by the installations. Connections, machines and devices that are not approved or do not comply with the relevant regulations can be removed at the exhibitor's expense. The stand owner is liable for all damage caused by uncontrolled extraction of energy.
12. LIABILITY AND INSURANCE
12.1. The organizer is not liable for damage or loss of the exhibition items due to theft, fire, storms, water and in other cases of force majeure. It is recommended that every exhibitor take out such insurance themselves at their own expense.
12.2. The organizer is only fully liable in the event of intent or gross negligence on the part of Mary Jane Berlin, its organs, its executive staff and vicarious agents.
12.3. In the event of negligent breach of essential contractual or pre-contractual obligations or liability for a breach of these obligations by vicarious agents and/or employees, the organizer is liable up to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
12.4. The above limitations of liability do not apply in the event of liability for the lack of warranted features, liability under the Product Liability Act and liability for injury to life, limb or health. In this respect, the organizer is in particular not liable for the exhibitor's exhibits.
12.5. Damages must be reported immediately to both the police and the organizer.
12.6. The exhibitor is liable to the organizer for damage culpably caused to persons or property by him, his employees, his agents or his exhibition objects and equipment. Every exhibitor is required to take out appropriate insurance with a German insurer.
13. CAVEATS
13.1. The organizer is entitled to cancel the fair/exhibition for important reasons, to reschedule it locally and in time, to change the duration or — if space conditions, police orders or other serious circumstances so require — to relocate, change and/or restrict the dimensions of the room booked by the exhibitor. A change in location or time or any other change becomes part of the rental agreement upon notification to the exhibitor.
13.2. The organizer also has the right to cancel the trade fair/exhibition if the expected minimum number of registrations is not received and the unchanged implementation is not economically reasonable.
13.3. If the trade fair/exhibition does not take place for reasons not attributable to the organizer or due to force majeure, the organizer may demand from the exhibitor an amount of up to 25% of the pro rata participation price. If the exhibitor has ordered additional paid services, these can be charged to the exhibitor additionally. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result.
13.4. If the organizer has to shorten an event that has begun due to force majeure or for reasons beyond his control, the exhibitor is not entitled to full or partial repayment or waiver of the participation price. The exhibitor reserves the right to prove that the organizer suffered little or no damage as a result.
14. EXHIBITOR PASSES
The number of free exhibitor passes depends on the size of the stand and can be found in the exhibitor service folder. The inclusion of co-exhibitors does not increase the number of exhibitor passes. Additional exhibitor passes are chargeable. Exhibitor passes are intended exclusively for exhibitors, their stand staff and stand representatives. They must be carried at all times, presented to admission control upon request and not transferable. They will be handed out on site at the exhibition office or, on request, sent before the trade fair. If misused, the card will be withdrawn without replacement.
15. ELECTRONIC MEDIA
The organizer publishes exhibitors online on the event website and/or offline also in the form of a database. Compensation for incorrect, incomplete or failed entries is excluded. The client is responsible for the content of the entries and any resulting damage.
16. WARRANTY
Any complaints regarding defects in the stand or exhibition space must be reported in writing to the organizer immediately after receipt, but no later than the last assembly day, so that the organizer can correct any deficiencies for which they are responsible. Subsequent complaints cannot be considered and do not result in any claims against the organizer.
Furthermore, the organizer does not guarantee any sales between exhibitors and visitors.
17. HOUSE LAW
During the event, the exhibitor submits to the organiser's house rights on the entire site. The instructions of the organizer or his representatives, who identify themselves with an identity card or name tag, must be followed. Violations of these conditions of participation or of the orders made under house law entitle the organizer, if the violations are not discontinued upon request, to immediately close the stand without compensation at the expense of the exhibitor. The instructions of the responsible persons (e.g.: fire safety station, building services, paramedics, police, etc.) must be followed. The organizer is entitled to have photographs, drawings and film recordings of exhibition events, exhibition buildings and stands and the objects on display made and to use them for advertising and press releases.
18. SMOKING BAN
The general smoking ban must be observed in exhibition rooms. Smoking is only allowed in the designated and marked areas. The exhibitor is obliged to encourage visitors to comply with the smoking ban on their stand. Should visitors violate this, this must be reported immediately to the organiser's staff. The exhibitor is liable for all damage suffered by the organizer as a result of failure to comply with the smoking ban.
19. FINAL PROVISIONS
Amendments or additions to the terms and conditions must be made in writing. All agreements, individual permits and special regulations require written confirmation from the organizer. All claims made by exhibitors against the organizer expire within 6 months, unless mandatory legal regulations conflict with this. The limitation period begins at the end of the month in which the closing day of the trade fair falls.
20. PLACE OF FULFILMENT AND JURISDICTION
The place of fulfilment for both parties is Berlin. The place of jurisdiction is Berlin, insofar as the exhibitor is a registered trader or a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. The law of the Federal Republic of Germany applies. The German version is authentic.
