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GENERAL TERMS AND CONDITIONS OF PARTICIPATION IN EVENTS ORGANISED BY MCI DEUTSCHLAND GMBH

1.      Scope of application and contract subject
1.1    The following General Terms and Conditions (hereinafter “Participant GTCs”) regulate the contractual relationship between MCI Deutschland GmbH, Markgrafenstraße 56, 10117 Berlin, as the Organiser of its own events, and the Participants.
1.2    A contract is deemed to be concluded between MCI Deutschland GmbH, represented by the Management, and the applying party (hereinafter "Participant") upon binding application and following a booking confirmation, e.g. for courses/workshops/seminars, hotel accommodation or evening and supporting programmes (hereinafter "application").
1.3    The following Participant GTCs apply to the application for participation in the events named in Section 1.2 of these Participant GTCs and thus to the legal relationship between the Organiser and the Participant.
1.4    The services and obligations of the Organiser can be found in the respective event announcement, either in printed or electronic form. The Organiser reserves the right to make changes.

2.      Technical requirements for participation
The Participant will be responsible for satisfying the technical requirements for participation in a hybrid or digital event. The Organiser’s "Technical Requirements Catalogue", which can be viewed at www.euroforge-confair.com, documents the detailed and comprehensive technical requirements, presented in a way that is easily understandable.

3.      Application, conclusion of contract, registration, cancelation
3.1    Any internet pages, other advertisements and notices from the Organiser about events will not be understood to contain an offer to conclude a contract. Instead, they represent a request for the Participant to submit an offer. Should there be any changes, the Organiser will announce these publicly and upon telephone request without undue delay.
3.2    For selected own events, the Organiser may confirm bookings itself as part of its own (pre-)registration or via external, legally independent entities.
3.3    The Organiser’s own registration takes place as follows:
a) If participation is canceled by 30.06.2022, the participation fee will be reimbursed, minus a processing fee of €25.00 per person. After this time, no refund will be issued.
b) No refund of the participation fee will be possible in the event of non-attendance or early departure.
c) Cancelations must be declared in writing and are to be addressed exclusively to MCI Deutschland GmbH.
d) In the event of any special requests regarding invoicing, these must be communicated in advance during registration. A processing fee of €10.00 will be charged for subsequent changes to invoices.
3.4    The following also applies to applications for evening and supporting programmes:
a) A minimum number of participants is required for all programmes. If the stated minimum number of participants is not reached up to 7 days before the start of the conference, MCI Deutschland GmbH reserves the right to cancel and reimburse the advance payment made.
b) In the event of cancelation or non-attendance by the Participant, no refund will be issued.


4.      Booking price, fees, and discounts
4.1    Unless otherwise specified, the published booking prices represent final prices including the statutory VAT.
4.2    In principle, the Organiser does not grant any discounts. In individual cases, however, an agreement on a discount may be made.

5.      Availability, quantity
        The booking will be made exclusively based on the availability of free places. It is the responsibility of the Organiser to determine the availability.
 
6.      Due date of payment, payment methods
         The booking price and any shipping and processing fees that may arise will be due for payment upon conclusion of the contract for the booking and booking confirmation.
 
7.      Receipt of booking confirmation, obligation to notify defects
7.1    The booking confirmation is only received in the electronic format using the "self-printout" procedure: The booking confirmation will be sent exclusively to the email address specified by the Participant.
7.2    The Participant will be responsible for the accuracy of the information provided upon application. A fee of €10.00 will be charged for name changes and for lost or forgotten name tags.
7.3    In principle, no right of exchange will apply.

8.      Forwarding of confirmed bookings
8.1    With a view to avoiding disruptions to the event and criminal offences in connection with attending the event, enforcing bans from the premises and preventing the resale of applications at excessive prices, it is in the interest of the Organiser to restrict the forwarding of confirmed bookings. The Participant is not permitted:

  1. to sell confirmed bookings at a higher price than the Organiser’s sales price,
  2. to sell confirmed bookings for commercial purposes or to use them publicly for advertising or marketing purposes without the express prior written consent of the Organiser, 
  3. to forward confirmed bookings for a fee or free of charge to persons who have been banned from the events by the Organiser,
  4. to forward confirmed bookings for a fee or free of charge to persons who are not specialist staff.

8.2    Should the Participant violate Section 8.1 above, the Organiser will be entitled to terminate the existing legal relationship with the Participant extraordinarily and without notice. In this case, the Organiser will block the booking and deny the Participant access to the event.

9.      Cancelation, postponement, and discontinuation of the event
9.1    If the event is canceled due to force majeure, either party may withdraw from the contract. In this case, the mutual rights and obligations will lapse. Both Parties will bear its own expenses incurred up to that point.
9.2    If an analogue event is discontinued, the Participant will be entitled to a refund of the booking fee paid so long as the discontinuation occurs in the first half of the event and the discontinuation is attributable to the Organiser. Where the event is discontinued, the Organiser will be liable in accordance with Section 10 of the Participant GTCs.
9.3    For reasons of the practicality of the event, the Organiser reserves the right to change the location or time of the event, and to change the event format from analogue to hybrid or virtual. Before incurring larger expenses as part of attending the event (travel, accommodation, etc.), the Participant is strongly recommended to make a written or telephone enquiry with the Organiser on the day of the event.
9.4    If the event is canceled, the location and/or time and/or date are changed, especially if the event cannot take place due to the COVID-19 pandemic, the booking fee will be reimbursed upon presentation of the corresponding application, minus a processing fee of 18%. If the location and time of the event are changed, the Participant will only be entitled to a refund if, taking into account the Participant’s interests, they cannot reasonably be expected to accept the new event venue or the new event start time. If an event is moved to a new event location and/or to a different starting time and/or to a different date, the booking will also be valid for the new event location, the new event start time and/or the new event date. The Organiser will be entitled to issue vouchers in accordance with the Voucher Act without charging a processing fee.
9.5.   If the format of the event is changed to hybrid or virtual, new participation fees will apply dependent on the type of the adjustment. Any excess participation fee will be reversed by the Organiser following the conclusion of the event.
9.6.   If virtual parts of the event or the entire virtual event fail due to technical faults that are attributable to the Organiser, a partial refund of 20% will be issued if the content of the event can be made available to the Participant on demand at a later date. A refund of the participation fee in the amount of 100% will be issued if the Participant cannot reasonably be expected to accept the lack of interaction with the virtual event. The burden of proof of unreasonableness lies with the Participant.
9.7. In the event of technical malfunctions that cannot be rectified by the Organiser within 4 hours on the same day of the event or on the following day, a hybrid or virtual event will be deemed to have been discontinued. The Organiser will be entitled to make ad hoc offers to the Participant in order to manage the partial discontinuation of the event, such as subsequent rescheduling of the event. If the event is subsequently made available to the Participant on demand because they cannot attend the new event date, the compensation rule according to Section 9.6 sentence 1 will apply.

10.    Liability
10.1  Unless otherwise specified in these Participant GTCs and the following provisions, the Parties will be liable as required by law in case of breaches of contractual and non-contractual obligations.
10.2  The Organiser will only be liable for compensation for damages—irrespective of the legal grounds—in case of intent or gross negligence by the Organiser or the Organiser’s legal representatives or vicarious agents. The Organiser will only be liable for simple negligence of the Organiser or the Organiser’s legal representatives or vicarious agents in case of:

  1. damages resulting from injury to life, limb or health, and
  2. damages resulting from violations of essential contractual obligations (obligations on whose fulfilment proper Contract performance depends and on compliance with which the other Party relies and may rely); in this case, the liability of the Organiser will be limited to compensation for foreseeable, typically occurring damage.

10.3  The exemption from liability in Section 10.2 above also applies to the liability of the Organiser’s vicarious agents and legal representatives.
10.4  The liability limitations resulting from Section 10.2 above shall not apply if defects are fraudulently concealed by the Organiser or the Organiser’s representatives or if features and/or the quality of the work have been guaranteed. The same applies to claims of the Participant under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG].
10.5  The Participant will only be entitled to withdraw from the contract or to terminate it due to a breach of obligation not related to a defect, if such a breach of obligation is attributable to the Organiser. The Participant’s free right of termination of the participant contract (in particular, pursuant to Section 649 of the German Civil Code) will be excluded. In respect of any other matters not mentioned above, the statutory requirements and legal consequences will apply.
 
11.    Image recording
11.1  Upon booking confirmation, the Participant agrees that photographs and other optical and acoustic recordings made during the event by press representatives, the Organiser or their authorized third Parties can be used by the Organiser as part of analogue and digital media and advertising measures (especially on the Internet) and for press coverage. The consent of the Participant only relates to incidental or general recordings of the Participant during the recording of the event. The Participant will not be entitled to any compensation.
11.2  The recording activity in connection with taking photographs and making other optical and acoustic recordings in accordance with Section 11.1 sentence 1 above must not hinder the Participant or negatively impact them in any way.
 
12.    Prohibition of photography, and sound/film recording
         The Participant is not permitted to bring professional photography equipment to the event, or any corresponding appliances that suggest commercial use. Any photography, as well as sound and film recordings made at the venue may only be used for private purposes. It is forbidden to enable third Parties to make such recordings or to transmit them, in whole or in part, via telemedia such as the Internet or telecommunications services such as mobile networks, to make them publicly available, or to enable third Parties to do so. Commercial use of the photographs is prohibited.

13.    House rules and regulations
13.1  The implementation of house rules on the event site is incumbent on the Organiser, who uses their legal representatives and vicarious agents, in particular the security staff, for this purpose. 
13.2  The Participant must comply with the official and legal obligations arising from the current hygiene policy.
13.3  The safety, order, hygiene and behavioural rules for attending the event are set out in the House Rules for Participants. In addition, the Rules will be clearly displayed in the event room and can be viewed at www.euroforge-confair.com.
 
14.    Contact details of the Organiser
MCI Deutschland GmbH | Management
Markgrafenstraße 56, 10117 Berlin
 
15.    Data protection
15.1  The personal data provided by the Participant for the acquisition of the application or for purposes of infection control will be collected, stored and processed by the Organiser exclusively for the purposes resulting from this contract in compliance with the relevant statutory provisions of the Federal Data Protection, the German Telemedia Act and the EU General Data Protection Regulation. The personal data of confirmed applicants will not be transmitted to third Parties. The only exception is the transmission of personal data to the Sales Department taking place in the context of contract processing and of the execution of the contract by third Parties in accordance with Section 3.2 of the Participant GTCs. The transmission of data to third Parties involved in infection control, sales and contract execution, with whom a corresponding agreement has been concluded, will take place in accordance with the provisions of the Federal Data Protection Act, with the scope of the transmission limited to the necessary minimum.
15.2  If, as part of the infection control in relation to SARS-CoV-2, the collection of data, in particular from the attendance list or body temperature measurements should be necessary in accordance with Article 6 (1) (c) and (d) of the GDPR in conjunction with the applicable Ordinance on Infection Control Measures, the data subjects will be informed immediately about the collection, data transfer, storage, both on site and at www.euroforge-confair.com.
15.3  If personal data is made available as part of the conclusion of the contract or where a customer account is created, the Organiser may use this data to occasionally send program information and event notifications by post. The Participant may object to such use for direct marketing purposes at any time and without a prescribed form being required. The storage and processing is based on Article 6 (1) (f) of the GDPR. In this context, informing the Participant is deemed to represent an overriding legitimate interest.
15.4  If personal data is processed for the purpose of safeguarding the overriding legitimate interest, the Participant may object to this processing with effect for the future by using the contact details given above. This right to object will only apply if there are grounds arising from the particular situation of the buyer (Article 21 (1) of the GDPR). Should the Participant exercise their right to object, the Organiser will no longer process the Participant’s personal data for this purpose, unless the Organiser can demonstrate compelling legitimate grounds for the processing which override the Participant’s interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.
15.5  For further details regarding separate consents and further information on data collection, processing and use, reference is hereby made to the Privacy Policy available at www.euroforge-confair.com.

16.    Out-of-court dispute resolution
The European Commission has set up an online platform ("ODR Platform") which can be used by consumers for out-of-court resolution of consumer disputes. The Platform is available at http://ec.europa.eu/consumers/odr. The Organiser is neither willing nor obliged to participate in proceedings before a Consumer Arbitration Board.

17.    Final provisions
17.1  The law of the Federal Republic of Germany applies.
17.2  This contract and its annexes include all agreements between the Parties. Oral side agreements do not exist. Text form with scanned signatures of the Parties by email suffices for formally effective contract conclusion. Text form (e.g. email or fax) also suffices for changes and additions to the contract. This also applies to any waiver of this text form requirement.
17.3  The place of fulfilment for all claims arising from the contract will be Berlin. Insofar as no other legally compulsory place of jurisdiction is prescribed, Berlin is hereby agreed as the place of jurisdiction.
17.4  Should individual clauses of these Participant GTCs be or become ineffective, they will be replaced by the statutory regulation from which they deviate.
17.5  The House Rules in their current version form an integral part of these Participant GTCs.
 
Last updated: April 2022
 
The Management