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 companys 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
The exchange of e-mails will be viewed as valid written communication,
provided that senders 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.
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
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.
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
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
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
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.
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.