GTC (General Terms and Conditions)
1. Subject to the Agreement
Strumpf Event Management is an event agency owned by Anja Strumpf and having its registered office at Kiefernweg 10, 65527 Niedernhausen, Germany (hereinafter “the organiser”). The organiser is in the business of hosting events for the real estate industry with the event formats with a physical participation and participation via internet in online events (hereinafter collectively “the events”), including events like FondForum and other industry events like FondsEmpfang, Expo-Fondsmeeting, among others. Moreo-ver, the organiser edits market intelligence products either as hard copy like the FondsBuch or in electronic form like the Immobilien-FondsNews newsletter (hereinafter collec-tively “the products”). The events and the products constitute the organiser's deliverables (hereinafter the “deliverables”). The purpose of the business is to sell attendance tickets for events, and to sell sponsoring packages or products to clients. In this line of business, the deliverables are sold exclusively to professionals and corporates (herein-after “client” or “clients”). These General Terms and Conditions (hereinafter “the GTC”) outline the conditions for negotiating contracts between organiser and clients, and govern the use of data that prospective clients submit to the agency by populating web forms or in some other way. Clients may call up, print out or download these GTC anytime, including after the conclusion of a contract, on the homepage www.fondsforum.de by clicking the link “GTC.”
2. Signing of Contracts
Clients seeking to purchase a product or to attend an event pursuant to these GTC may contact the organiser by registering or by submitting an application form for products (hereinafter “the application”). A client's commitment to take advantage of the any such deliverable shall be binding for a period of two (2) weeks. The contract for the respective deliverable becomes effective only after the application is confirmed by the organiser in electronic or written form (sent via postal letter). This means the client will receive a confirmation along with an invoice in case of payable deliverables. Invoice amounts shall be payable immediately upon receipt of invoice unless the invoice allows for another period. Due to the binding nature of a reservation such as for attendance of an event or advertising space in products, and due moreover to the impossibility of alternatively selling such deliverables to other clients, clients can neither revoke their commitment, nor can they revoke their consent to these GTC. Accordingly, clients waive their regular right of revocation because of the binding nature of a reservation. Cancellation of booked services are not possible. Clients acknowledge this by completing the reservation for a given product or event. It is not permitted to transfer the reserved deliverables of one client or the claims of one client vis-à-vis the organiser to any third party. After invoices are sent out a handling charge is invoiced for an additional change of the given invoice address at the rate of 20 Euros plus German sales tax.
3. Guest Attendance of Events
The client has the option to send a representative to an event (hereinafter “the representative”). Depending on the specific arrangements of a given sponsoring contract, event sponsors can usually bring additional in-house staff or third parties (hereinafter collectively “guests”) to the respective event free of charge. Whenever a client takes advantages of this option, the client should notify the organiser well ahead of the event and identify the guests. The organiser reserves the right to deny admittance to any representative or guest without stating reasons. This rule does not give the client the right to back out of the agreement. Clients who despatch a representative or another person to a given event state in lieu of their respective attendee that the latter assumes all rights and obligations arising from the respective contract for the respective deliverable and acknowledge that an event ticket entitles only one attendee to admittance and cannot be split among several attendees for events extending over more than one day. The organiser has the right to invoice clients or their guests for the regular price of attendance if they have been granted free admittance to a given event but fail to show up.
4. Handling of Client Data
Within the framework of announcing products or when hosting events, the organiser may record image and video footage. The client consents to the organiser's use of such footage for the purpose of documenting and promoting this and other products and events, and to the organiser's publication of image and video contributions on internet portals such as YouTube. The organiser will not disclose any personal details of attendees such as their addresses, (hereinafter “attendee details”) except in nonpublic media such as the password-protected area of the organiser's homepage and on the attendee lists of the actual events. Texts and specialist articles that are sent to the organizer for the purpose of publication in print products, the newsletter or in the blog area of the organizer's website may be presented in various media on the website.
5. Data Storage
By contacting the organiser, the client discloses via contact form entries on the homepage, e-mail communication, registration and reservation forms data and texts and possibly images in the form of personal portraits for attendee lists or logos and graphic elements to be presented in products or at events, as the case may be. The client consents that the organiser may store these data and texts electronically. Moreover, the client shall indemnify the organiser from any third-party claims to the details and data submitted. The client shall notify the organiser of any copyright notices to be posted when submitting relevant images, texts, etc. The organiser principally has the right to send information and notices to its clients, leads and companies that submitted their data via web forms or in some other way.
Clients use the products and attend the events principally at their own risk. The organiser's liability shall be limited to wilful intent and gross negligence. Damage claims against the organiser (including agents) that presuppose slight negligence shall be moot unless the organiser breached a material contractual duty or cardinal obligation. In this case, damage claims shall be limited to the typical and foreseeable damage. The organiser rules out any liability whatsoever for direct or indirect references from the organiser's homepage to the internet pages of third parties (hereinafter “links”) that are outside the organiser's sphere of ownership.
7. Copyright and Trademarks
All graphic elements, texts, images etc. used on the organiser's homepage for the presentation of products or events are protected. All rights rest with the organiser, except where another source or information is cited. It is not permitted to reproduce the aforesaid graphic elements, texts, images, etc.
8. Data Protection
The client agrees that he or she shall not disclose personal details from products or event documents such as details from an attendee list or possibly the login data for the protected homepage area to any third party, and not to use or have someone else in the company use such details for marketing purposes such as the circulation of advertising letters. The organiser agrees to comply with the relevant statutory data protection laws (German data protection laws, European privacy policies, and any other applicable data protection scheme). The organiser will not disclose personal use data to unauthorised third parties or reveal them in some other way to any third party. In no case will the organiser make the personal data available for the advertising and marketing purposes of third parties or disseminate them to third parties in any other way. For further infor-mation please see also the Privacy Statement (Datenschutzerklärung) at https://www.fondsforum.de/metanavigation/datenschutz/.
9. Possible Product Changes
The organiser reserves the right to change the deliverables for important reasons between the time a contract was signed with a client and the time of the product delivery or the event is convened, as the case may be. This concerns updates to products or event-related data in documents such as an event program, changes in the selection of product features, event formats or event facilities as well as the rescheduling or cancellation of a product or an event, as the case may be. If face-to-face events with a physi-cal participation cannot be held, the organizer is entitled to change the event format to a WebEvent (the event is held as a pure online video conference). In this case, the tickets for the face-to-face event are automatically changed to tickets for a WebEvent and a possible price difference is reimbursed to the client. Agreements on sponsoring an event or a product are not affected by this and remain valid. In case an event or a product is cancelled, the organiser shall promptly refund any payments already made to the respective clients. No further claims exist. The right of either party to terminate the contract for cause remains unimpaired.
10. Possible Amendments to these GTC
The organiser reserves the right to amend these GTC at any time without stating reasons unless doing so would be unreasonable for clients. The organiser will notify the client appropriately about any amendments to the GTC. Unless the client objects to the emended GTC within two (2) weeks after notification, the revised GTC shall be deemed accepted by the client. The organiser shall draw the client's attention to the client's right to object and to the significance of the opposition period in the notification.
11. Forms of Communication
Unless otherwise agreed, the client may use the contact details disclosed by the organiser to submit statements to the organiser via e-mail, facsimile or postal letter. Inversely, the organiser may communicate with the client via e-mail, facsimile or postal letter using the current contact details disclosed by the client.
12. Concluding Remarks
To the extent permitted by law and unless otherwise defined by the respective quote of deliverables, the place of performance shall be the organiser's registered office. Place of jurisdiction is, to the extent permitted by law, the organiser's registered office. These General Terms and Conditions are subject to German law to the exclusion of international private law and of the UN sales law adopted under German law. Any version of these GTC in a language other than German is provided for convenience and the German language version will control if there is any conflict.
Status: 23 January 2021