General Terms & Conditions of Business for Online Services
General Terms & Conditions of Business for Online Services
Unless a written agreement is reached specifying different terms, the terms & conditions listed here shall define all aspects of the business relationship between you (hereinafter: Customer) and us (hereinafter: AuM) including all claims, which may hence ensue. Conflicting terms & conditions have no validity unless we expressly agree to them in writing (signed letter or fax) for each given case.
1. Offers & prices
All quotations and prices are provided without obligation. The publication of a new price list invalidates all previously applicable prices. Our prices are plus statutory value added tax.
2. Rendering of account
a) In the absence of a separate order confirmation, invoices serve as a confirmation of order for the following services: Electronic Press Box, Premium Membership, Online Exhibitor.
b) The invoice for online tickets (admission tickets) will be issued by Messe Frankfurt Venue GmbH & Co. KG on behalf and for the account of Ausstellungs- und Messe GmbH des Börsenvereins des Deutschen Buchhandels, 60311 Frankfurt am Main, VAT ID no. DE 114109154. It is not possible to return or refund admission tickets.
3. Terms of payment
a) The payment of online tickets (admission tickets) and the registration as Premium Member or Online Exhibitor will be performed upon order by credit card. The payment of the registration fee as Premium Member or Online Exhibitor is also possible via direct debit if the Customer has an account at a bank operating in the Federal Republic of Germany.
b) Payment of the invoice amount shall be made in full within 30 days of the invoice date unless other payment conditions are specified on the invoice. For payments made after the due date, in addition to collection charges, AuM shall be entitled to charge interest on arrears in accordance with the legal interest rate at the time.
4. Cancellation policy
a) Payment of the invoice amount shall be made in full within 30 days of date of invoice. Specific authorisation shall be required from Ausstellungs- und Messe GmbH before deduction of any discount. For payments made after the due date Ausstellungs- und Messe GmbH shall be entitled to charge interest on arrears, in addition to collection charges, at the rate of 4% above the current German Federal Bank discount rate.
b) The payment of the online ticket (admission ticket) will be effected upon order by credit card. Admission tickets cannot be returned neither can payments for the same be reimbursed.
(1) Right to cancellation:
The Customer is entitled to revoke a contractual agreement without justification within two weeks of entering the agreement by submitting a written cancellation (e.g. letter, fax, e-mail) or returning the purchased goods. This does not apply if the Customer is acting in a commercial or professional role (i.e. it is an order from a company or an entrepreneur). The time limit begins when the Customer is explicitly informed in writing about the exceptional right to cancellation but not before the day that the ordered goods have been received. For the cancellation to be effective, it is sufficient for the goods to be returned or the cancellation submitted before the end of the two week period. The cancellation shall be addressed to:
Frankfurter Buchmesse
Ausstellungs- und Messe GmbH
Reineckstrasse 3
60313 Frankfurt am Main
Germany
Fax: +49 (0) 69 21 02-277
E-mail: virtual@book-fair.com
Registered office of the company: Frankfurt am Main
Managing Director: Juergen Boos
Shareholder of the GmbH: Börsenverein des Deutschen
Buchhandels Beteiligungsgesellschaft mbH
Trade registry no.: AG Ffm HRB 6882
(2) Consequences of cancellation:
If the cancellation is valid, both parties are obliged to return in full the received benefits (e.g. goods) including any acquired associated benefits (e.g interest). If the Customer is not able to return the benefits in full or only partially or in a diminished state, the Customer is obliged to provide compensation for any loss of value. A loss of value will not count if goods are being returned whose value has diminished solely due to an inspection of the goods, as is possible in a physical store before purchase. Furthermore, the Customer will not be obliged to provide compensation if the goods are not put to use as if they were the Customer’s possession and all usage or activity, which might diminish their value is avoided.
If the goods correspond with the order and the price of returning the goods is not higher than the equivalent of 40 euros, the Customer must cover the costs of returning the goods. The Customer must also pay a higher price for returning the goods, if at the time of cancellation the goods have not been paid for or the contractually stipulated partial payment has not been made. In all other cases, there shall be no cost to the Customer for returning goods.
5. Contract partner
The Customer enters into a contractual agreement with the Ausstellungs- und Messe GmbH Frankfurt am Main, Reineckstr. 3, 60313 Frankfurt am Main, Germany.
6. Service offer
The customer recognises that for technical reasons a 100% availability of the Frankfurt Book Fair website cannot be guaranteed. While the AuM endeavours at all times to ensure the highest possible availability of the website, it is not responsible for the Customer’s successful connection to the website via the Internet. Short-term disturbances or momentary non-availability of the website may be caused due to required maintenance, security issues or capacity problems as well as incidents which are not in the power of the AuM to control (e.g. breakdown in public communication networks, power outages, denial-of-service-attacks, etc.).
7. Customer obligations (code of conduct)
a) The Customer must provide the AuM with a current and functioning e-mail address before registering for fee-based online services provided by the AuM. If the e-mail address changes, the Customer is obliged to promptly update his or her profile or inform the AuM accordingly.
b) The Customer ensures that all data he or she provides for the sake of registration are correct and complete. Changes are to be promptly updated in the Customer’s profile or the AuM is to be informed accordingly.
c) The Customer ensures to be of legal age upon registration.
d) The Customer chooses a password when registering, which he or she is obliged to handle confidentially and especially not to give to third parties.
e) The Customer ensures to use the data provided on the website only for the purpose of research and making business contacts. It is forbidden to use the data for advertising purposes or sending spam.
f) The Customer agrees to allow other customers of AuM online services to contact him or her via means of electronic communication, primarily e-mail, for the purpose of establishing business relations.
g) In the pursuit of establishing business contacts with other customers of the AuM online services, the Customer agrees to only send individualised e-mails. It is not permitted to send pre-formulated standard mails on all users or a group of users.
h) Before sending data and/or information to the AuM, the Customer ensures to have inspected all files for viruses and to apply respective state-of-the-art virus protection programmes.
i) No part of this website may be used for commercial purposes or integrated in other publications or websites without the prior written consent of the AuM.
j)The systemised (automated) storage of research results in a database is not permitted.
k) The Customer agrees to immediately discontinue contacting a person (especially via e-mail), if the contacted person so requests.
l) The Customer will not use the AuM online services or make use of contacts made via the website for the publication, storage or proliferation of content which in any way may be considered racist, discriminating, pornographic, politically extreme, endangering to the protection of minors or otherwise unlawful and against official regulations.
m) If the Customer fails to uphold any aspect of this code of conduct, the AuM reserves the right to immediately block his or her access to this website and/or block visibility of the Customer’s profile.
8. Responsibility for contents, data and/or information provided by website users
The AuM assumes no responsibility for contents, data and information which originate from website users, nor for contents which are accessed via links to external websites.
9. Contract duration
The registration as Premium Member or Online Exhibitor is for a contract period of 12 months. The contract ends after this time period and is not automatically extended. In case a Premium Member registers as an Exhibitor or Online Exhibitor or is accredited as a journalist a refund of the membership fee is not possible.
The contract period of an Electronic Press Box is determined by the Customer upon ordering.
10. Liability
a) In case of ordinary negligence, AuM is only liable for the breach of fundamental contractual obligations or damages to the life, body or health of a person. This limited liability is also valid for the negligence of vicarious agents as defined by German law § 278 BGB. For ordinary negligence, the liability for consequential damages is limited to the sum of the contractual value expect in cases of damages to life, body or health.
b) Links may lead users to Internet sites, the contents of which do not fall within the sphere of responsibility of the AuM. These links are recognisable as such from the context or specifically marked. More specifically, the AuM expressly distances itself from all information retrievable via the aforesaid links. Moreover, responsibility shall only be substantiated in the event of awareness on the part of AuM of a legal infringement and that it would have been technically possible and reasonable for the AuM to have prevented use (German law § 5 section 2 TDG). The AuM has taken reasonable steps to scrutinise the aforesaid third partycontent for potential legal infringements. No violations of copyright, trademark law, individual rights or infringements of competition law were apparent on the websites of these third party suppliers, nor are we aware of any criminal actions. The webpage provider shall bear sole liability for page content and for any damages arising from the use or non-use of the nature of information provided and not the party who merely referred the user to the published information via the aforesaid links.
11. Subject to alterations
AuM is authorised to change the contractual terms under the condition that the Customer receives written notification thereof at least six weeks prior to implementation of the changes. The customer may revoke the changes within 4 weeks after receiving notification otherwise they will be considered accepted. The AuM is required to clearly specify this in the notification.
12. Closing terms
a) If the Customer is considered a business entity as defined by the German Code of Commercial Law (Handelsgesetzbuch) and should any disputes emerge from the contractual agreement, the exclusive place of jurisdiction may be determined by the AuM as either Frankfurt am Main or Hamburg, Germany.
b) Any oral agreements deviating from these stipulations and made at the time of contract conclusion or thereafter must be confirmed in writing to take effect. This is also valid for the suspension or the forgoing of the requirement for the written form. The parties agree that a signed declaration transmitted as a facsimile fulfils the requirement of the written form.
c) The Customer is only authorised to transfer claims ensuing from this contractual agreement after prior written approval from the AuM.
d) The AuM is authorised to provide due services via subcontractors.
e) The Customer hereby allows the AuM at any time to transfer all or partial rights and obligations inherent in this agreement to a company associated with the AuM and/or the Börsenverein des Deutschen Buchhandels e. V., Grosser Hirschgraben 17-21, 60311 Frankfurt am Main. If such a transfer is arguably to the disadvantage of the Customer, he or she is entitled to cancel the agreement without notice starting on the day the transfer takes effect.
f) This agreement is subject solely to the laws of the Federal Republic of Germany.
g) In the case that any provision in this agreement is deemed void, all other provisions remain unaltered in their validity. The German law § 139 BGB is not applicable (one invalid clause does not make the whole agreement invalid). The parties are obliged to define a new and valid provision to take the place of the invalid one. The new provision must be comparable to the original and in accordance with what the parties would have deemed reasonable at the time of the agreement had they known at the time that the provision was invalid and must be reformulated. This same holds true for any possible loopholes.
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