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Terms and Conditions
 
  Terms and Conditions
Fairs-Service
Wiedestrasse 7 A , D-22880 Wedel, Germany
(Date: January 25, 2008)
Contents
 

Intro

A - General Conditions

I. Conclusion of intermediary contracts
II. Liabilities
III. Claims/Complaints/Exclusion of claims/Limitations
IV. Reimbursement in the case of default by the Customer
V. Protection of contact- and business data/ competition prevention
VI. Invoicing/Prepayment/Authority
VII. Cancellation upon Confirmation of order
VIII. Application of law and court of jurisdiction
IX. Rule of written form
X. Severability clause
XI. Copyrights

B - Additional Clauses determining provision of Staff for the Customer

I. Types of Staff
II. Staff recruitment by Fair-Service
III. Suspension of Staff/Substitutions and interchange
IV. Appearance of staff

C - Additional terms and conditions for the provision of accommodation to the Customer

I. Accommodation offer
II. Accommodation and services related
III. Flawed accommodation
IV. Offer selection
V. Disclosure of location and key hand-over
VI. Cancellation
VII. Short-term reservation

D -Additional conditions for the Security services provider

I. Volume of services
II. Selection
III. Cancellation

E -Additional Conditions for the Staff provider

I. Acceptance of conditions
II. Data reliability
III. Loyalty obligations/Authority/Invoicing
IV. Payment due date and distribution of risks

F -Additional Conditions for the Landlord

I. Acceptance of conditions
II. Data reliability
III. Acceptance and application of clauses

G - Additional Conditions for the Security services provider

I. Acceptance of conditions
II. Data reliability
III. Acceptance and application of clauses

Intro

Fairs-Service Company acts exclusively as a provider of services and assistance required for organizing exhibitions and similar events and therefore enters into contractual relations with other business partners so as to provide the relevant services from handling to invoicing, subject to any exceptions found in the provisions below.

Übersicht
A - General Conditions
All contractual relations of Fairs-Service Company shall be based solely on the present general terms and conditions in the current version. Alternative terms and conditions regarding business relations and the provision of services shall be not effective unless otherwise specified and approved in written form before confirmation of the order.

The present terms and conditions of Fairs-Service Company are to be published exclusively on the company’s web site www.fairs-service.com in English, German and French only and shall be taken as a basis for any subsequent business relations with Fairs-service Company. The validity of the electronic version of Terms and conditions published on the Internet shall be agreed with before establishing the first business transaction. As a rule, a printed version of Terms and conditions will not be forwarded; individual exceptions require a separate agreement/request in a written form.

The exchange of e-mails will be viewed as valid written communication, provided that sender’s full name, full address and information about his/her actual and legal status as an authorized person can be identified without any doubt.

I. Conclusion of intermediary contracts

Offers made by Fairs-Service Company are not binding and Fairs-Service Company undertakes a commitment only upon written confirmation of acceptance of order via Internet (by e-mail) or by fax.

II. Liabilities

Fairs-Service Company incurs a liability and potential obligation of indemnifying any losses only in the event when the intended failure or gross negligence of Fairs-Service or associate providers is proven. The burden of proof with respect to showing such intended failure or gross negligence lies upon the counterparty of Fairs-Service.


III. Claims/Complaints/Exclusion of claims/Limitations

1. Claims and protests with respect to intermediary services rendered by Fairs-Service Company shall be presented in a written form and forwarded to Fairs-Service Company only.
Claims shall be made immediately after becoming aware of any lapse or first symptoms thereof. The Customer bears the burden of proof with respect to showing timeliness of a claim.

2. Presentation of a claim by the Customer is not permitted if the contract between Fairs-service Company and the Customer is executed and the exhibition, for which the contract was concluded, is over.

3. To the extent that a Customer is entitled to present claims, any reimbursement to the Customer shall be limited to the amount of the agreed compensation (payable to the Fairs-Service) with respect to the part of the service by Fairs-Service Company that served as the basis for the claim. Fairs-Service is not liable for any consequential losses.

4. Claims to Fairs-Service Company by a Customer for failing to provide services caused by force majeure, natural disasters, illness, strike or lockout are not permitted. This does not apply in the case that Fairs-Service Company is responsible for an intended failure or gross negligence.


IV. Reimbursement in the case of default by the Customer

1. In case of a default by a Customer, the Customer owes to Fairs-Service Company full amount of compensation specified in the contract. Fairs Service Company reserves the right to prove losses and demand compensation in excess of the compensation agreed in the contract.

2. Claims for compensation in this case shall be subject to the statute of limitations.


V. Protection of contact- and business data/ competition prevention

1. It is forbidden for the Customer to enter into any direct or indirect contractual relations regarding the subject matter of the present Agreement with any contractors, business partners and other service providers engaged by Fairs-Service Company after event conclusion and within 24 months upon the completion of the last contractual relationship between the Customer and Fairs-Service Company, bypassing Fairs-Service Company.

2. The same limitations apply regarding disclosure of contact data to the third-party for the purpose of entering direct contractual relations bypassing Fair-Service Company.

3. In every case of bypassing, Fairs-Service Company shall be entitled to receive from the Customer payment of the commission with respect to the services that have been bypassed, as well as to a penalty amounting to 2500 EU.

4. The Customer grants approval to Fairs-Service to store/record personal data related to the contractual relations. Fairs-Service shall observe relevant regulations of data privacy and guarantees to handle all data related to the Customer in a confidential manner.

5. The Parties are authorized to freely use all received documents, incl. graphic- and audio materials for advertisement and presentation purposes. This authorization covers the use of all brand names, products and identification attributes.


VI. Invoicing/Prepayment/Authority

1. An invoicing of order on the basis of order confirmation is made out exclusively by Fairs-service Company. The direct payment to other Contractors by the Customer shall not be permitted unless otherwise officially approved by Fairs-Service Company in a written form.

2. Fairs-Service Company is authorized to demand an appropriate pre-payment by the Customer amounting to 60% of estimated service cost taking into account potential risk. Provision of further services and disclosure of necessary information can be made subject to the said payment being made; Fairs-Service Company is also authorized to exercise the right of retention in this respect.

3. Fairs-Service Company is further authorized to require payment of the estimated balance amount after the Customer provided the pre-payment and immediately before the beginning of the Event or rendering of services. Further provision of services can be made dependant upon the said payment; Fairs-Service Company is also authorized to exercise the right of retention in this respect. In case further payments are not made by the Customer, the prepayment falls in favor of Fairs-Service, taking into account the claims for compensation which remain unchanged until complete satisfaction.

4. Invoiced amount and required pre-payment shall be paid within 10 days from the date of invoice or pre-payment request, without any additional reminders or demands. The credit entry date on the account of Fairs-Service is to be used as a reference for determining the compliance with the above provisions. All payments shall be received by Fairs-service by wire transfer unless otherwise agreed in a written form.

5. Service providers acting on behalf of Fairs-Service Company are generally not authorized to receive payment. Payments shall be transferred to Fairs-Service only.

6. Until the beginning of the Event or rendering of services Fairs-Service acts as a trustee to the Customer with respect to the settled pre-payments and shall be obliged not to use the pre-payment amounts for its own purposes.

7. Upon acceptance of the confirmation of order, the Customer irrevocable grants to Fairs-Service the authority to settle payments with other service providers on its behalf and for its account (external service), without the need for any additional separate authorization.

8. The Parties agree that Fairs-Service Company acts only as an intermediary between the Customer and a third-party service provider. The services by Fairs-Services consist of acting as a liaison.


VII. Cancellation upon Confirmation of order

1. An order made by the Customer can be cancelled or partially cancelled after acceptance of the order confirmation by Fairs-Service without any charges only if the cancellation is made one month prior to the Event and the cancellation notice is received by Fairs-Service Company.

2. In case of late cancellation (late receipt of the cancellation notice by Fairs-Service) the Customer shall be obliged to reimburse associated expenses and losses.


VIII. Application of law and court of jurisdiction

1. Only German law shall apply, to the extent permitted by applicable laws.

2. If all preconditions and legal requirements are satisfied, the Parties agreed that all disputes shall be settled in courts of Hannover.

IX. Rule of written form

1. Any alteration of general terms and conditions shall be in a written form.

2. This formal requirement applies in particular for eventual alteration of Clause 1 above.


X. Severability clause

In case any clause in the Terms and conditions for Fairs-Service Company is declared invalid, the validity of other provisions remains unchanged. Instead of the invalid clause another clause shall apply, that in financial and organizational sense is the closest to the previous one.


XI. Copyrights

Copyrights of the present Terms and conditions solely belong to the authors attorney Dr. Manfred Voss and attorney Vanessa Aschemann (30159, 14 Prinzenstr., Hannover, Germany, 0511/220 616 – 0) and shall be observed. Any use and/or reproduction by an unauthorized third party, also abridged, requires a written approval and can be dependant on fee payment settlement. Violation of copyrights can result in reimbursement claims or additional penalties.

Übersicht
B - Additional Clauses determining provision of Staff for the Customer

I. Types of Staff

1. Fairs-Service Company provides interpreters, VIP-drivers and stand hostesses for exhibitions.

2. Fairs-Service Company provides interpreters for desired foreign languages and, if necessary, with knowledge of certain areas of expertise, such as technics, economics, science, humanities etc., to help overcome the natural language barriers. Their task is to ensure and facilitate communication between the Customer and the public.

3. Stand hostesses shall supervise the exhibition stand and event space and premises in the sense of providing control and supporting contacts with the public for the Customer, and will provide other services and logistics. They will ensure general communication procedures and follow particular instructions of the Customer.

4. Functions specified in Clause 2 and 3 can be combined and fulfilled by one person.

5. A VIP-driver driving a rented or a self-owned vehicle (not a vehicle belonging to the Customer) provides delivery, courier and transfer services according to the desire and instructions of the Customer and in compliance with legal regulations with the exception of delivering materials related to exhibitions and other similar events.


II. Staff recruitment by Fair-Service

1. Only self-employed workers shall be provided for the special exhibitions or events. As a rule, they are not employed or engaged by Fair-Service. The workers shall be engaged for individual events only.

2. The engaged workers shall take personal responsibility to deal with issues regarding tax and social insurance applicable as a result of their activities for the Customer. They are to declare and provide required tax payments and contributions from own funds.

3. Engagement of a worker shall be made on the basis of the Customer’s functional and actual requirements and the description of envisaged activities.

4. Fairs-Service Company carefully selects from the engaged workers to the best of its knowledge and belief and also facilitates the evaluation of candidates with the help of opinions and information obtained from candidates regarding his/her abilities, qualifications and skills. Information concerning selected candidates will be provided to the Customer. Fairs-Service will not give guarantees regarding abilities, qualifications and personality of the selected workers.

5. Fairs-Service confirms that to the extent any special documented permissions or licenses are required for the implementation of tasks by the Staff, Fairs-Service has verified (using means available to it) that such are available and effective.

III. Suspension of Staff/Substitutions and interchange

1. In case of suspension of the selected staff, the Customer shall pay the rounded-up cancellation penalty equal to the below specified amounts (in percentage) of the specified total value as per worker:

Cancellation on the day of the Event:
100 %
1-3 days prior to the event:
75 %
4-8 days prior:
50 %
9-27 days prior :
25 %

2. The Customer shall immediately notify Fairs-Service Company as soon as he identifies that an engaged worker largely does not meet applicable requirements. Fairs-Service Company shall apply efforts to provide a better qualified substitute, but not providing any success guarantees in this respect to the Customer.


IV. Appearance of staff

1. If not specially agreed, the staff shall maintain strict formal appearance according to the season, occasion and task.

2. However, if the Customer wishes the staff to have a specific outfit, he shall supply such outfit in advance or provide additional funds.

Übersicht
C - Additional terms and conditions for the provision of accommodation to the Customer
I. Accommodation offer

1. Fairs-Service Company offers the Customer accommodation of different comfort levels and price ranges available from its offer data base. The list of accommodation includes: private accommodation (room or apartment available during exhibition period) of various sizes and layout, rooms in guest houses, rooms in similar facilities with or without breakfast. Hotel accommodation constitute an exception and can be booked only if the Customer desires so.

2. Location (with regard to exhibition or event site), size, layout and design can vary.


II. Accommodation and services related

The spectrum of services by the Landlord is individual for every offer and reservation and is object-related.


III. Flawed accommodation

If accommodation is flawed or does not meet the pre-conditioned standards Fairs-Service Company should be notified as soon as possible. For every specific case Fairs-Service shall be granted a definite period within which it will fix all flaws and defects together with the Landlord. The occurrence of defects alone does not entitle the Customer to reduce the rent, unless defects are considerable and have not been ultimately fixed.


IV. Offer selection

1. Fairs-Service Company works diligently using all available resources to scrupulously check multiple offers of private and other accommodation regarding not only the facility itself, but also personality and credibility of a landlord. Basically, Fairs-Service shall confine itself to the random checking of the landlord’s data and use the obtained description as the offer for the Customer.

2. If the Customer demands reduction or claims loss indemnity, in case of data inconsistency or by any other reasons, those shall be forwarded to the Landlord. Such claims will not result in the reductions of the invoiced amount to Fairs-Service Company unless the claims are judicially affirmed or confirmed in written from by the Landlord.


V. Disclosure of location and key hand-over

The Customer gains access into the reserved accommodation as soon as financial requirements by Fairs-Services (i.e. prepayment and balance payment upon order completion) are fulfilled. Otherwise Fairs-Service Company is free to withdraw.


VI. Cancellation

In the case of cancellation by any reasons the Customer shall pay a rounded-up cancellation penalty as specified in the table below. Meanwhile Fairs-Service Company is entitled to demand and prove higher compensation amount. In the case of cancellation the following penalties shall apply::

Cancellation on the arrival day:
100% of total estimated cost
Cancellation 1- 3 days prior:
75% of total estimated cost
4-8 days prior:
50% of total estimated cost
9-27 days prior:
25% of total estimated cost (minimum 35 EU)

The Customer reserves the right to prove lesser losses.


VII. Short-term reservation

Short-term reservations are made for stay which does not exceed 2 days. In this case 35 EU extra is to be charged.

Übersicht
D - Additional conditions for the Security services provider
I. Volume of services

Within the frames of global offer Fairs-Service Company provides security services. Only site or facility protection is provided, personal protection by security services is expressly excluded.


II. Selection

To provide site or facility protection Fairs-Service Company engages private security companies which possess relevant licenses. The selection is made to the best of its knowledge and belief and is also based on the applicable data and information obtained from the security companies which Fairs-Service can only occasionally random-check using all available data and recourses. Fairs-Service Company is therefore not liable for losses caused or incurred by a security company.


III. Cancellation


Subject to the possibility to prove higher losses, the Customer shall pay a cancellation penalty as follows:

Cancellation on the day of the event:
100% of the total amount
Cancellation 1-3 days prior:
75% of the total amount
Cancellation 4-8 days prior:
50% of the total amount
Cancellation 9-27 days prior:
25% of the total amount (250 EU minimum)
Übersicht
E - Additional Conditions for the Staff provider
I. Acceptance of conditions

The Staff provider, whom Fairs-Service Company is intended to engage, confirms that before conclusion of present contract all terms and conditions have been fully and carefully read by him and in general and particular have been by him understood. The Staff provider had plenty of opportunities to request explanations from Fairs-Service Company in the case of ambiguity or difficulties in understanding and now concludes a contract in full awareness of the fact that all regulations and conditions made up in his dis-/favour and in relation to Fairs-Service Company and the Customer and regarding provision of his service are effective and accepted by him.


II. Data reliability

The Staff provider guarantees that all information on his personality, reputation and private and business relationships, professional skills and abilities, qualifications and authorization are fully consistent, and that he is capable of providing envisaged services.


III. Loyalty obligations/Authority/Invoicing

1. The Staff provider shall faithfully support Fairs-Service Company in its intermediary activities, facilitate its success and help satisfy its needs to the best of his efforts, knowledge and belief, but in doing so, not impair or even violate legitimate interests of the Customer.

2. The Staff provider irrevocable grants Fairs-Service Company the authority to act on his behalf and on his account with respect to all payment transactions with the Customer to settle and for this purpose shall provide Fairs-Service Company with all required information in reasonable and open form of written records of all activities regarding the Customer. At the same time he irrevocable grants Fairs-Service Company authority to deduct a commission from a payment by the Customer.

3. With respect to the mentioned commission Fairs-Service Company makes out an invoice in compliance with legal regulations.

4. It is forbidden for the Staff provider to enter into any direct or indirect contractual relations regarding the subject matter of present Agreement with the Customer/s engaged by Fairs-Service Company after event conclusion and within 24 months upon the completion of the latest contract between the Customer and Fairs-Service Company, bypassing Fairs-Service Company.


IV. Payment due date and distribution of risks

1. Service payment shall be transferred immediately to the Staff provider as soon as his assignment, i.e. event is over and the Customer on his part has settled a final invoice from Fairs-Service Company.

2. In case the payment does not happen, Fairs-Service Company has no claims to the Staff provider regarding the commission, as well as the Staff provider has no claims to Fairs-Service regarding the service payment. Proportional distribution of amounts between commission and service payment shall be made in case of partial payment.
The expenses for litigation against the Customer shall be likewise proportionally distributed.
The authority granted to Fairs-Service by the Staff provider allows it to exercise the right to demand expenses refund unless the Staff provider objects. Before initiating chargeable legal sanctions Fairs-Service Company shall inform the Staff provider about its intent, estimated expenses amount and due date. In case the Staff provider does not reply to the notification he thereby confirms his approval of the legal sanctions initiation.

3. If the Staff provider fails to provide his services, he shall reimburse the lost profit equal to the amount of the commission in favor of Fairs-Service Company.

4. It comes within duties of the Staff provider to inform Fairs-Service Company of any potential hindrance/failure on his part as soon as possible, so that it could be settled and a substitution of staff made when possible. In that case service payment claims by the Staff provider can not be satisfied.

5. In case of hindrance/failure the Staff provider is allowed to itself provide substitution of staff only upon official written approval by Fairs-Service Company.

Übersicht
F - Additional Conditions for the Landlord
I. Acceptance of conditions

The Landlord, whom Fairs-Service Company is intended to engage, confirms that before conclusion of present contract all terms and conditions have been fully and carefully read by him and in general and particular have been by him understood. The Landlord had plenty of opportunities to request explanations from Fairs-Service Company in case of ambiguity or difficulties in understanding and now concludes a contract in full awareness of the fact that all regulations and conditions made up in his dis-/favour and in relation to Fairs-Service Company and the Customer and regarding provision of his service are effective and accepted by him.


II. Data reliability

The Landlord guarantees that all information about the site, its design and location and related services and other criteria which are considered important for lease are fully consistent. And nothing impedes the leasing of the site for certain purposes through Fairs-Service Company.


III. Acceptance and application of clauses

Conditions established in clauses III and IV (Part E) shall further apply by analogy to the payment settlement procedures between Fairs-Service and the Landlord.

Übersicht
G - Additional Conditions for the Security services provider
I. Acceptance of conditions

The Security services provider, whom Fairs-Service Company is intending to engage, confirms that before conclusion of present contract all terms and conditions have been fully and carefully read by him and in general and particular have been by him understood. The Security services provider had plenty of opportunities to request explanations from Fairs-Service Company in case of ambiguity or difficulties in understanding and now concludes a contract in full awareness of the fact that all regulations and conditions made up in his dis-/favour and in relation to Fairs-Service Company and the Customer and regarding provision of his service are effective and accepted by him.


II. Data reliability

The Security services provider guarantees that all information on his personality, reputation, company structure, private and business relationships, professional and commercial skills and abilities, qualifications, authorization and insurance relations is fully consistent, and that his company is capable of providing envisaged services.


III. Acceptance and application of clauses

Conditions established in clauses III and IV (Part E) shall further apply by analogy to the payment settlement procedures between Fairs-Service and the Security services provider.

Date: January 25, 2008Übersicht
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