– General Terms and Conditions-
1. General terms: The conditions of the event apply under the exclusion of conflicting terms of the lessee for the entire business relationship between AIO Event GmbH as organizer (AIO) and the lessee of the stand (Lessee). Amendments and side-agreements shall require written form (e.g. letter, fax, e-mail). The AIO operates its own events, in all organisational and financial operations, as well as event spaces at other events. The Lessee insures to have taken out a company liability insurance.
2. Conclusion of the contract, binding registration: AIO decides on the acceptance of the Lessee’s application, taking into account the event’s purpose and available space as well as the Lessee’s eligibility. The decision shall be without justification. If the applicant does not revoke the registration beforehand, it can be accepted and approved by AIO until the start of the event. The cancellation of the registration is accepted until the confirmation of the stand by AIO and at the latest four weeks before the start of the event.
3. Stand space assignment, range of products, advertising, sponsorship: The Lessee is obliged to make the payment in advance. Until payment of the respective rental fee is confirmed the Lessee has no right of use for the stand space. Sub-lease is not allowed. The Lessee shall not have any claim to the assignment of a specific stand space. The denomination of the space upon the stand confirmation notification is only for organizational reasons and is non-binding. The concrete assignment of a stand is the responsibility of AIO. Venue and times are determined by the stand confirmation. All structural elements, including the canopy and the drawbar are seen as part of the stand. The stands must not be fixed to the floor. AIO is entitled to determine the size, content and design of the stands as well as the range of products and services in accordance to the purpose of the event. The Lessee is obliged to indicate his entire product range in the registration process. Deviations from the contractually agreed are not permissible and must be removed if requested by AIO. Structural alterations to the ground, gross contamination in the area of the stand as well as the spatial extension of the stand beyond the contractually agreed dimensions are not permitted. The occupancy of the stand, the setup and dismantling, as well as the arrival and departure to and from the event area are at the own risk of the lessee. The Lessee is liable for any kind of damage / deficiencies, including field damage. The Lessee is not allowed to include his own sponsors or third-party advertising within the stand. This requires prior approval by AIO. Own separate media cooperation of the Lessee is only permitted with prior approval by AIO. AIO reserves the right to restrict the range of the offered products or to assign exclusive rights for specific products or to impose the supplier for specific goods and accessories.
4. Setup and dismantling: AIO is entitled to impose the setup and dismantling time frames. If these are not complied with AIO has the imminent right of termination. In this case the Lessee is not entitled to claim any compensation due to the exclusion from the event. If the dismantling is not terminated in time AIO shall also be entitled to commission third parties to dismantle, transport and store the goods at the expense of the Lessee.
5. Rules of conduct in the event area: The instructions of the AIO and the security staff must be followed. The sales stands must be occupied and open during the entire opening hours of the event. The Lessee must display his company name and address clearly visible on his stand. The applicable traffic regulations apply to the whole event area. Delivery traffic can only take place outside of the event’s opening hours and must be completed no later than one hour before the start of the event. It is not permissible to drive in the event area during the event’s opening hours. Acoustic transmission equipment may not be operated without permission from the AIO. For this purpose a separate application must be submitted. When a music installation is provided, the volume levels prescribed by law must be complied with. If the permissible level is exceeded twice (determined by a sound metre of the on-site security staff) AIO can impose a music ban. Fire brigade access, escape routes, hydrants and building entrances must be kept clear permanently. There are no designated parking spaces for the Lessee. The Lessee undertakes to keep the stand clean within a radius of at least 7 metres around the stand area, leave it clean at the end of the day, and place the waste at the latest two hours after the end of the public opening hours in front of the stand in order to be collected by the cleaning staff. The Lessee is obliged to set up at least two waste bins per stand and to empty them themselves if necessary. In the case of breaches of the aforementioned obligations AIO is entitled to remedy the situation itself or by third parties at the expense of the Lessee.
6. Regulatory approvals: The Lessee is obliged to obtain the necessary regulatory approvals for business operation from the competent authorities. The stand Lessee undertakes to observe the legal provisions applicable to his stand within the event, in particular the food and hygiene legislation, disease legislation, the trade with authorized goods, competition law, tax law and customs law. §12-permissions for alcoholic drinks are charged without surcharge. In principle, a VAT registration booklet or a VAT exemption certificate must be carried along at the event.
7. Customs regulations: For events which are subject to customs regulations the stand lessee undertakes to comply with the provisions of the customs authority, in particular the working time and minimum wage legislation. Piercing the corporate veil is excluded. Infringements shall be borne by the Lessee / contractor.
8. Environmental aspects: Beverages may only be issued in reusable containers. When giving out disposable packaging (also bottles) to the customers the Lessee has to impose a deposit. The Lessee is responsible for the disposal of the packaging (also disposable bottles). AIO may prohibit the handing out of bottles. Then the contents of the bottles have to be filled into a refillable / reusable beakers that require a deposit.
9. Force majeure, limitation of liability: If the stand rental contract can not be completely fulfilled by AIO for reasons which AIO is not responsible for, the Lessee is entitled to reimbursement of the stand rental fee; other costs will not be reimbursed. AIO is entitled to shorten or prematurely terminate the event due to force majeure or official orders. The rent is deemed to be fully charged if the event takes place for at least 65% of the planned duration. The minimum duration is calculated in full hours. Each initiated hour shall be calculated as the full hour. If the actual duration of the event is shorter, the Lessee is entitled to a pro rata reimbursement of the rent paid for each full hour, which the event is shorter than the aforementioned minimum duration. The amount of the reimbursement is calculated on the basis of the hourly rent for the planned duration of the event. AIO is liable for damages only in the event of intent or gross negligence. This limitation of liability does not apply to injury to life, body or health. AIO is not liable for theft or for any other damage for which AIO is not responsible.
10. Rental equipment: Event furniture and equipment can be rented via AIO (e.g. sales and catering tents, counters, sink units, refrigerators, beverage trailers, etc.). The rental equipment is deemed to be free of damage if no existing damages are indicated to AIO at delivery in written form (see section 1). If the equipment shows damages or gross contamination when it is returned, those will be remedied by AIO or by third parties commissioned by AIO at the expense of the Lessee.
11. Electricity, gas and water supply: The electricity flat rate includes the cost of providing electrical connection boxes, the standby service and the connections to the public network or mobile aggregates as well as the estimated consumption per stand (equivalent to 25% of the electricity costs). Electrical connections between the sales stand and the electrical connection box must be established independently. The distance between the sales stand and power connection box does not exceed 70 metres. If the consumption levels listed in the application are lower than the power consumed by the actual connected devices, the organizer is entitled to charge for the higher consumption levels. Additional information and provisions of Annex 2 to the event shall also apply in this context and are an integral part of these General Terms and Conditions.
The water costs include the provision of a hydrant connection and / or water intake point with GK, ½ inch hose coupling. Water connections between sales stand and hydrant connection must be independently prepared, if possible, with a return protection and fresh water hoses approved by the competent authority. In the case of unauthorized connections AIO is entitled to remove the connections, close the stand and, if necessary, pass on to the Lessee eventually incurred subsequent costs. Snack tableware has to be washed at least at 70 degrees Celsius. The admixture of greasy wastewater is permissible only with an upstream grease trap. The temperature of the sewage may not exceed 30 degrees Celsius. Every lessee who places food on the market must pay the water levy, even if they supply themselves on their own. For each liquefied gas installation an inspection certificate issued by the expert of the gas supplier shall be presented as proof of the proper condition.
12. Terms of payment: 25% of the total rent is payable on completion of the contract. The remaining payment must be received by AIO no later than 6 weeks before the start of the event. If the contract is concluded less than 6 weeks before the start of the event, the full rent is due immediately with the acceptance of the application. In the occurrence of a payment arrears of more than 7 days the organizer may dispose otherwise of the confirmed stand space.
13. Cancellation: If the Lessee violates essential contractual provisions AIO is entitled to terminate the contract without notice. In particular the terms of payment and the other obligations of the Lessee regulated in these terms and conditions shall be deemed as material. In the event of cancellation after the start of the event the Lessee shall remain liable for the payment of the full rent, AIO shall however offset any expenses saved. If the cancellation is made before the start of the event the performance obligations on both sides are no longer applicable. The Lessee is, however, obliged to pay an appropriate compensation. In the case of termination until 4 weeks prior to the start of the event a compensation of 25% of the rent has to be paid. If the cancellation occurs 4 to 2 weeks prior to the beginning of the event 50% of the rent has to be paid to AIO and 75% of the agreed rent if the cancellation is made two weeks before the start of the event. The Lessee shall be free to provide evidence that AIO has suffered less or no damage or has saved higher expenses. AIO reserves the right to assert a higher damage.
14. Contractual Penalty: If the Lessee culpably violates the prohibition of third-party advertising (clause 3) or the obligation to dismantle in time (paragraph 4) or the obligation to open the stand during the entire event (clause 5) or its obligations under clause 8, he is obliged to pay an appropriate contractual penalty to AIO for every breach. The amount shall be determined by AIO at its professional discretion and shall be reviewed by the competent court in the event of a dispute.
15. Choice of law and jurisdiction: German law applies. If the parties are merchants, the place of performance of the AIO shall be the place of jurisdiction.
16. Severability clause: Any invalidity of individual regulations shall not affect the legal validity of the remaining provisions.
(as of January 2017)