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Leafly Deutschland GmbH General Terms and Conditions

Here you will find our general terms and conditions for sponsors and exhibitors. Please select the T&C you are interested in..

Terms and conditions for sponsors

Overview

  1. 1. Organizer
  2. 2. Contents of the Event
  3. 3. General Scope of Application
  4. 4. Offer – Conclusion of Contract
  5. 5. Service provided the Organizer / Service provided by the Sponsor
  6. 6. Exclusivity
  7. 7. Prices / Terms of Payment / Offsetting / Retention
  8. 8. Interest in the Performance of the Contract
  9. 9. Liability
  10. 10. Legal Consequences in case of Cancellation of the Event
  11. 11. Premature Termination of Contract, Return of Services
  12. 12. Place of Jurisdiction – Place of Performance

 

1. Organizer
The Organizer of the Leafly Medical Cannabis Conference 2020 (title of the event) is Leafly Deutschland GmbH.We WorkKemperplatz 110785 BerlinEmail:   conference@leafly.de2. Contents of the Event(1) The Organizer operates the website Leafly.de. This website is the leading knowledge portal on the subject of medical cannabis in the German speaking area in Europe. With more than 150,000 visitors per month, the independent online portal is the number one source of information on the subject for doctors, pharmacies, medical professionals and patients. At the 2-day conference, 350 participants from all over the world (from medical circles and pharmacists) can expect to attend lectures, focus seminars and user workshops.(2) Applications for sponsorship will only be accepted if they correspond to the content of the event and represent a qualitative contribution to the sponsoring mix.3. General Scope of Application(1) Our General Terms and Conditions shall apply exclusively; we shall not recognize any terms and conditions of the contractual partner which conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply if we perform the service without reservation despite being aware of terms and conditions of the contractual partner that conflict with or deviate from our General Terms and Conditions.(2) All agreements made between us and the contractual partner for the purpose of executing this contract are set down in writing in this contract.

 

(3) Our General Terms and Conditions shall only apply to businesses within the meaning of § 310, para. 1 BGB (German Code Of Civil Law).

4. Offer – Conclusion of Contract(1) Registration of sponsorship can only be made using the sponsoring booking form, which can be downloaded from the Internet. The form must be completed in full, the sponsorship request must be stated, signed and returned to the Organizer by post or e-mail. By signing, the Exhibitor acknowledges that he accepts the General Terms and Conditions of the Organizer.

 

(2) The sponsoring booking form received by the Organizer constitutes a contractual offer by the prospective Sponsor. This contractual offer shall remain valid until the Organizer has sent confirmation of the contract or a rejection. The Organizer requires a regular processing time of 7-10 working days. The contract is concluded once the Organizer has sent the confirmation of sponsorship.

 

(3) If a sponsoring option requested by the interested party cannot be considered, the Organizer will consult the interested party. If an amicable option is then found, the interested party must fill out the mandatory form again and send it signed to the Organizer.

5. Service Provided by the Organizer / Service Provided by the Sponsor(1) Before and during the event, the Organizer shall provide the Sponsor with the sponsoring package(s) requested by the Sponsor as marked on the sponsoring booking form and sent to the Organizer by the Sponsor in advance.

 

(2) The Sponsor undertakes to pay to the Organizer the net price shown on the compulsory form plus the applicable value-added tax. Furthermore, he undertakes to provide speakers in accordance with the sponsoring package and to hold appropriate presentations.

 

(3) The contracting parties shall calculate the above-mentioned obligations of the Organizer from the sponsorship package with regard to the total remuneration to be paid by the Sponsor with the following percentages: 20% for logo and listing with hyperlinks on the conference website, mention in a joint article on Leafly.de, joint e-mail campaign before the conference, company logo in the conference book, as well as a shared social media announcement. 80% for all other included services.

 

(4) Should the Organizer not provide a partial service as owed, the Sponsor can only assert rights with regard to this partial service, while the rest of the contract remains unaffected.

6. Exclusivity

The Organizer is entitled to conclude contracts with other sponsors. Competition protection is not guaranteed.

7. Prices / Terms of Payment / Setting-Off / Retention(1) On sending the confirmation of sponsorship, the Organizer will send an invoice for the desired sponsoring package(s) or more specifically the amount shown on the booking form.

 

(2) Our prices do not include the statutory value-added tax; it will be shown separately in the invoice at the statutory rate on the day of invoicing.

 

(3) The deduction of a discount requires a special written agreement.

 

(4) Unless otherwise stated in the confirmation of sponsorship, the gross invoice amount (without deduction) is due for payment within 14 days of the invoice date. The statutory regulations concerning the consequences of default in payment shall apply.

 

(5) The contractual partner shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. Furthermore, he shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

8. Interest in the Performance of the Contract(1) The Organizer is not liable for any failure to achieve the communicative goals pursued by the Sponsor in entering into this contract beyond the performance of his service owed, unless the Organizer has impeded or frustrated their realization through culpable violation of essential contractual obligations or through grossly negligent conduct.

 

(2) The Sponsor is aware that the advertising possibilities agreed in this contract may be limited by public law requirements or association rules. The Organizer shall not be liable for damages in the event of restrictions arising as a result of such requirements. The right to termination for good cause remains unaffected.

 

(3) The Sponsor’s interest in the performance of this contract is generally limited to the amount agreed between the parties to this contract for the sponsoring package(s). This limitation does not apply in the case of intent or gross negligence or in the case of injury to life, body or health.

9. Liability(1) We shall be liable in accordance with the statutory provisions insofar as the contractual partner asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.

 

(2) We shall be liable in accordance with the statutory provisions if we culpably violate an   essential contractual obligation; however, in this case, too, our liability for damages shall be limited to the foreseeable, typically occurring damage.

 

(3) Insofar as the contractual partner is otherwise entitled to claim damages instead of performance due to a negligent breach of duty, our liability shall be limited to compensation for the foreseeable, typically occurring damage.

 

(4) Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

 

(5) Unless otherwise regulated above, liability, in particular for damages, shall be excluded irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for material damage pursuant to § 823 BGB (German Code Of Civil Law).

 

(6) The limitation according to paragraph (5) shall also apply if the contractual partner demands reimbursement of useless expenses instead of a claim for damages.

 

(7) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

10. Legal Consequences in case of Cancellation of the Event(1) If the event does not take place from the outset due to force majeure, neither party shall be obliged to render a service. Partial performance shall be remunerated in accordance with the assessment made by the parties; advance payments shall be reimbursed.

 

(2) Para. 1 applies accordingly if the event has to be cancelled due to other reasons (cancellation/prevention of the Congress Presidents from attending, loss of the location due to unexpected building damage, unexpected official closure of the location) even if force majeure does not apply. In this case, the Organizer is obliged to inform the Sponsor immediately of the cancellation and to reimburse any advance payments made by the Sponsor without delay if these cannot be offset against the partial services rendered.

 

(3) Both parties shall endeavor to find a new event date as far as possible.

11. Premature Termination of Contract, Return of Services

(1) Each contracting party shall be entitled to terminate the contract without notice for good cause. An important reason shall be deemed to exist in particular if

 

  1. a) a contracting party culpably breaches its essential contractual obligations and does not remedy the breach within a reasonable period despite a warning. A prior warning is not required if it is futile or unreasonable for the contracting party entitled to terminate the contract;
  2. b) the other contracting party culpably violates legal regulations or association rules which are directly or indirectly important for the execution of the contract. The parties agree that sufficient suspicion of a culpable breach is sufficient cause;

(c) an application is made to open insolvency proceedings in respect of the assets of one of the parties.

(2) Notice of termination shall be given in writing

12. Place of Jurisdiction – Place of Performance(1) If the contractual partner is a merchant, our place of business shall be the place of jurisdiction; however, we shall also be entitled to sue the contractual partner at the law courts of his domicile.

(2) The law of the Federal Republic of Germany shall apply.

(3) Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.

Terms and conditions for exhibitors

Overview

  1. 1. Organizer
  2. 2. Booth Setup and Dismantling
  3. 3. General Scope of Application
  4. 4. Offer – Conclusion of Contract
  5. 5. Contract Period/Right of Withdrawal/No-Show of the Exhibitor
  6. 6. Extraordinary Termination
  7. 7. Prices – Terms of Payment
  8. 8. Compliance Obligations of the Exhibitor
  9. 9. Allocation of Booth Space
  10. 10. Stand Design
  11. 11. Liability
  12. 12. Exhibitor’s Liability for Damage/Insurance
  13. 13. Stand Operation/Advertising Material
  14. 14. Subletting
  15. 15. Taking Photographs, Filming, Radio and Television Recordings in the Event Rooms
  16. 16. Place of Jurisdiction – Place of Performance

 

1. OrganizerThe organizer of the Leafly Medical Cannabis Conference 2020 (title of the event) is Leafly Deutschland GmbH.

We Work

Kemperplatz 1

10785 Berlin

Email:   conference@leafly.de

2. Booth setup and dismantling(1) The booth setup and dismantling times for the event are as follows:

Construction: Thursday 7 May 2020 from 9:00 to 19:00.
Dismantling: Saturday, 9 May 2020 from 16:00 to 20:00

 

(2) The Exhibitor accepts these setup and dismantling times as binding. For safety reasons, dismantling prior to the above-mentioned time is not possible. Any material left behind by the Exhibitor at the end of dismantling will be removed andvdestroyed at the expense of the Exhibitor.

 

(3) The Exhibitor and service partners commissioned by him (booth construction, lighting, etc.) are responsible, in particular during the setup and dismantling phase, for ensuring that all provisions of the Occupational Health and Safety Act and accident prevention regulations are complied with.

2. Content of the Event/No Protection against Competition(1) The Organizer operates the website Leafly.de. This website is the leading knowledge portal on the subject of medical cannabis in the German speaking area in Europe. With more than 150,000 visitors per month, the independent online portal is the number one source of information for doctors, pharmacies, medical professionals and patients. At the two-day conference, 350 participants from all over the world (from medical circles and pharmacists) can expect to attend lectures, focus seminars and user workshops.

 

(2) Applications as exhibitors will only be accepted if they correspond to the content of the event and can make a qualitative contribution to the exhibitor mix.

 

(3) The Organizer is entitled to conclude further contracts with exhibitors offering the same or a similar product range. Protection against competition shall not be granted in this respect.

3. General Scope of Application(1) Our General Terms and Conditions shall apply exclusively; we shall not recognize any terms and conditions of the contractual partner which conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply if we perform the service without reservation despite being aware of terms and conditions of the contractual partner that conflict with or deviate from our General Terms and Conditions.

 

(2) All agreements made between us and the contractual partner for the purpose of executing this contract are set down in writing in this contract.

 

(3) Our General Terms and Conditions shall only apply to businesses within the meaning of § 310 para. 1 BGB (German Civil Code).

4. Offer – Conclusion of Contract(1) Registration can only be made using the exhibitor stand booking form which can be downloaded from the Internet. The form must be completed in full, the stand request must be stated, signed and returned to the Organizer by post or e-mail. By signing, the Exhibitor acknowledges that he accepts the General Terms and Conditions of the Organizer. If other conditions and instructions have been issued in advance, the signature shall also confirm that these will also be complied with.

 

(2) The exhibitor registration form received by the Organizer constitutes a contractual offer by the interested party. This contractual offer shall remain valid until the Organizer has sent confirmation of the contract or a rejection. The Organizer requires a regular processing time of 7-10 working days. The contract is concluded when the order confirmation is sent by the Organizer.

 

(3) If the Exhibitor’s request for a stand cannot be considered, the Organizer will consult the Exhibitor. If a suitable stand space is then found, the booking form must be completed again, signed and sent to the Organizer.

5. Contract Period/Right of Withdrawal/No-Show of the Exhibitor(1) The contract is a temporary rental agreement and cannot be terminated other than for good cause.

 

(2) The Exhibitor may only withdraw from the contract concluded with the Organizer within 14 days of sending the order confirmation and at the latest by 26 March 2020.

 

(3) In addition, recession is only possible if a right of withdrawal was expressly agreed in the contract, if there is another statutory right of withdrawal or if the Organizer expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal, as well as any consent to the cancellation of a contract shall in each case be in writing.

 

(4) If a date for free withdrawal from the contract has been agreed between the Organizer and the Exhibitor, the Exhibitor may withdraw from the contract until such time without incurring any payment or compensation claims on the part of the Organizer. The Exhibitor’s right to recession expires if he does not exercise his right to withdraw from the contract with the Organizer by the agreed date.

 

(5) If a right of withdrawal has not been agreed or has already expired, or if there is no statutory right of withdrawal or termination, and if the Organizer does not agree to a cancellation of the contract, the Organizer shall retain the right to the agreed remuneration despite non-utilization of services. The Organizer has to offset the income from renting the rooms to other parties as well as the expenditure saved. Further claims for damages by the Organizer remain unaffected.

6. Extraordinary Termination(1) Furthermore, the Organizer is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

– force majeure or other circumstances for which the Organizer is not responsible make it impossible to fulfil the contract;

– events or rooms are booked culpably under misleading or false statements or concealment of essential facts; the identity of the Exhibitor, the solvency or the purpose of the stay may be essential;

– the Organizer has good reason to believe that the event may endanger the smooth running of the business, the safety or the reputation of the Organizer in public, without this being attributable to the Organizer’s sphere of control or organization;

– there is a violation of Clause 8;

– there is a violation of Clause 10 (13).

 

(2) The justified withdrawal of the Organizer shall not entitle the Exhibitor to claim damages.

7. Prices – Terms of Payment(1) On sending the order confirmation, the Organizer will send an invoice for the desired exhibitor package or more specifically the amount shown on the booking form.

 

(2) Our prices do not include the statutory value-added tax; it is shown separately in the invoice at the statutory rate on the day of invoicing.

 

(3) The deduction of a discount requires a special written agreement.

 

(4) Unless otherwise stated in the order confirmation, the gross invoice amount (without deduction) is due for payment within 14 days of the invoice date. The statutory regulations concerning the consequences of default in payment shall apply.

 

(5) The contractual partner shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. Furthermore, he shall be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

8. Exhibitor’s Compliance Obligations(1) All products and services presented at the stand must comply with the statutory provisions applicable in Germany. The Exhibitor shall indemnify the Organizer against all third-party claims asserted against the Organizer on account of the Exhibitor’s commercial appearance at the event (in particular claims under competition law, copyright law, trademark law, etc.).

 

(2) A violation of statutory provisions shall entitle the Organizer to terminate the contractual relationship extraordinarily and also to prohibit further use of the stand during the event.

 

(3) The Exhibitor must comply with all trade law, police, health and other regulations.

9. Allocation of Stand Space(1) The Organizer reserves the right to change the promised stand area if this is unavoidable for compelling technical reasons or for reasons of fire protection. The Exhibitor must be notified of any such change without delay. In this case, the Exhibitor must be allocated an area that complies as closely as possible to the original.

 

(2) Should such an equivalent allocation not be possible, the Exhibitor shall be entitled to withdraw from the contract within 7 days by means of a written declaration. Withdrawal shall not be considered if, in view of the overall circumstances, there is only an insignificant change in the stand area.

 

10. Booth Design(1) During the entire duration of the exhibition, the booth shall be clearly marked with the name and address of the stand owner.

 

(2) All materials used, in particular decoration, shall be at least B1 according to DIN 4102 and at least Class Cfl-s 1 according to EN 13501-1, i.e. difficult to remove. A corresponding test certificate must be available at the exhibition area at all times.

 

(3) No stand construction shall be provided unless booked additionally via the Organizer.

 

(4) It must be possible to remove all structures without leaving any residue. It must also be ensured that the floor covering at the installation site is not damaged.

 

(5) Exhibition stands must comply with the applicable technical guidelines and be safe. The Exhibitor must obtain any necessary official permits in advance. The Exhibitor must comply with safety-relevant instructions issued by the exhibition management.

 

(6) The fire protection and regulatory requirements imposed by the authorities responsible for the event premises (e.g. fire brigade, public order authority, occupational health and safety authority, etc.) must be complied with. The Exhibitor shall not be entitled to any claims against the Organizer arising from any restrictions resulting from compliance with these requirements.

 

(7) The maximum allowed booth height is 2.50 m. Exceeding the permissible booth height requires the express consent of the Organizer/exhibition management.

 

(8) Exceeding the allocated floor space for the booth is not permitted. The erection of particularly heavy or large exhibits for which special equipment is required, or for which special static considerations have to be taken into account, shall also require the consent of the Organizer.

 

(9) Basic supply of the exhibition booth with electrical power shall be provided. Additional requirements must be clarified separately with the Organizer.

 

(10) All safety equipment such as fire alarms, hydrants, electrical distributors, control panels and all other installation and fire protection equipment must be freely accessible at all times.

 

(11) Booth construction sketches and descriptions of all booth and ceiling suspensions shall be submitted to the Organizer by 5 July 2019 and shall show the booth design in sufficient detail. Orders placed after 5 July require the simultaneous submission of stand construction sketches and stand descriptions before a binding order confirmation can be issued.

 

(12) Exhibition booths whose construction has not been approved, which are not safe, or which do not comply with technical guidelines and official requirements, may be modified or removed at the request of the Organizer. If the Exhibitor does not comply with a corresponding request by the Organizer, the Organizer may personally order the change or removal at the expense of the Exhibitor. If the stand has to be closed for the same reason, there shall be no entitlement to reimbursement of stand rent already paid.

11. Liability

(1) We shall be liable in accordance with the statutory provisions insofar as the contractual partner asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.

 

(2) We shall be liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; however, in this case, too, our liability for damages shall be limited to the foreseeable, typically occurring damage.

 

(3) Insofar as the contractual partner is otherwise entitled to claim damages instead of performance due to a negligent breach of duty, our liability shall be limited to compensation for the foreseeable, typically occurring damage.

 

(4) Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

 

(5) Unless otherwise regulated above, liability, in particular for damages, shall be excluded irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for material damage pursuant to § 823 BGB (German Code Of Civil Law).

 

(6) Limitation according to paragraph (5) shall also apply if the contractual partner demands reimbursement of useless expenses instead of a claim for damages.

 

(7) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

 

(8) Any exhibition items or other personal items carried by the Exhibitor shall be at the Exhibitor’s risk in the event rooms. The Organizer does not accept any liability for loss, destruction or damage, not even for financial losses, except in cases of gross negligence or intent on the part of the Organizer. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safe custody represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

12. Liability of the Exhibitor for Damage/Insurance(1) Insofar as the Exhibitor is a company, it shall be liable for all damage to buildings or inventory caused by employees, other third parties from the field or itself.

 

(2) Exhibitors are obliged to take out general liability insurance before the start of the event. Upon request, the Organizer shall be provided with corresponding proof. Furthermore, it is recommended that the Exhibitor takes out theft insurance.

13. Booth Operation/Advertising Material(1) The Exhibitor undertakes to keep the booth accessible to visitors at all times during the opening hours of the event. It must be ensured that the stand presents no danger at any time. To this extent, the Exhibitor shall be legally responsible for ensuring that the booth area provided to him is safe for traffic. The opening hours are as follows:

 

Friday, 8 May 2020 : 8:30 a.m. to 6:00 p.m.
Saturday, 9 May 2020: 8:00 a.m. to 16:00 p.m.

 

(2) Advertising material may only be displayed and distributed at the Exhibitor’s own exhibition space.

(3) Any over-the-counter or retail sale, in particular of exhibition goods or trade fair samples, to private or business persons is prohibited.

14. SublettingSubletting of the booth space is not permitted, unless it is a non-profit organization, which may also present itself at the stand after consultation with the Organizer.

15. Photography, Filming, Radio and Television Recordings at the Event Venues(1) Commercial photography and filming within the exhibition grounds is only permitted for companies approved by the exhibition management.

 

(2) Film, radio and television broadcasts from the event locations may only be carried out after prior consultation and approval by the Organizer. The Organizer shall grant such permission after due exercise of its discretion.

 

(3) The Organizer is entitled to have photographs, drawings and film footage of the exhibition, in particular of the Exhibitor’s booth and the products exhibited there, taken and used for advertising purposes or press releases.

16. Place of Jurisdiction – Place of Performance(1) If the contractual partner is a merchant, our place of business shall be the place of jurisdiction; however, we shall also be entitled to sue the contractual partner at the law courts of their domicile.

(2) The law of the Federal Republic of Germany shall apply.

(3) Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.