Terms and Conditions

1.General

1.1 All legal transactions relating to the planning and/or construction and/or rental of exhibition stands (rental property) and/or other services are based solely on our terms and conditions below. This also applies to all future legal transactions. Conditions of the customer that deviate from our rental conditions are not valid; this also applies if they are not expressly contradicted. The rental conditions apply both to prefabricated stands (system, wooden wall stands) and to individually commissioned projects.

1.2 Offers that we make to the customer are only intended to initiate a contract and are non-binding and subject to change unless they have been declared binding in writing. The contract is concluded in such a way that we send the customer an order confirmation or an invoice in response to their offer.

1.3 All agreements, orders, changes and cancellations must be made in writing. If the customer has not received an order confirmation ten working days before the start of the event, we must be informed of this immediately in writing. With the order confirmation, we send a list of the services ordered.

1.4 The exhibition stands manufactured and/or provided (system, wooden wall stands) are generally only provided on a rental basis. Therefore, all delivered parts are expressly only rented, unless the elements are expressly identified as sales parts in the offer and/or in the order confirmation.

1.5 If assembly work is carried out by us, special agreements also apply to the assembly services.

2. Prices

2.1 The prices for all legal transactions apply, unless otherwise agreed, plus statutory VAT. All prices are for rental provision, unless otherwise agreed, for the respective trade fair period.

2.2 Unless otherwise agreed, the price does not include the trade fair connection costs, costs for approval procedures (e.g. statics) and all types of fees charged by trade fair companies, shipping companies, handling authorities, customs authorities, etc. 2.3 The customer must bear all additional costs of the rental property that arise due to any increases in value added tax, transport taxes, customs duties, export fees, overseas freight costs or similar official measures or orders by the responsible authorities after the contract is concluded.

2.4 We are entitled to additionally invoice the customer for increases in our purchase prices – compared to their level at the time the contract was concluded – in the same amount as they affect us, insofar as these are based on changes in accordance with section 2.3 and are made within its framework.

2.5 Each contracting party can request a price adjustment after four months have passed since the contract was concluded if the prices for the required material and / or the wages and additional wage costs have changed by more than five percent in total due to legal or collective bargaining changes. The contracting party requesting the adjustment must provide appropriate evidence of this. The contractual partner (customer) has no right to object to the price adjustment after providing appropriate evidence. 2.6 For system stands, changes to the plan after the second change will be charged according to the effort involved. From the start of construction, changes to the stand layout for system and design stands will only be carried out subject to feasibility and at additional cost.

2.7 In the event that the customer has short-term requests for changes and/or additions and/or is in arrears with other obligations, we reserve the right to claim late payment surcharges, the amount of which is usually agreed upon individually.

3. Delivery time and delay in delivery

3.1 Compliance with our delivery and service obligations requires the timely and proper fulfillment of the customer’s obligations. This includes the timely receipt of all documents to be supplied by the customer, the timely clarification and approval of the plans, no construction-related obstructions (such as by another exhibition stand builder, delays by shipping companies or the late delivery of exhibits), compliance with the agreed payment terms and other obligations of the customer. If these requirements are not met on time or in full, the delivery period will be extended accordingly.

3.2 If our delivery is delayed and/or made impossible by an unavoidable circumstance for which we are not responsible, we are released from the delivery and service obligation for the duration of the obstruction and the associated delay, without any further claims arising against us, in particular claims for damages. Claims for compensation against us are excluded unless the cause of the delay or the impossibility of providing the service is based on intent or gross negligence. Both parties are entitled to withdraw from the contract in the event of such a delay or impossibility of performance, which is expected to last four weeks or longer, whereby previous expenses must be reimbursed and only expenses saved must be repaid.

3.3 We are not responsible for delivery delays caused by government restrictions on imports, such as foreign exchange controls, etc.

4. Terms of payment, retention of title

4.1 Payment must be made immediately upon receipt of the invoice – at the latest before the stand is handed over – without deduction, unless otherwise agreed in writing.

4.2 The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The assertion of any further right of retention – in particular the commercial right of retention within the meaning of Section 369 of the German Commercial Code – is excluded.

4.3 We only accept bills of exchange in payment following a prior written agreement and as payment. All associated costs are borne by the customer. The right to payment remains valid until the bill of exchange is redeemed. We reserve the right to assert further claims arising from the late presentation of the bill of exchange after the due date.

4.4 If events occur with the customer that result in his creditworthiness being lost, we are entitled to demand immediate payment of all outstanding and already due claims and, if payment is not made despite a request for payment within a reasonable period of time, to withdraw from the contract and take back the items delivered by us. We expressly reserve the right to assert further claims, in particular a claim for damages.

4.5 Unless otherwise agreed, the customer does not acquire ownership of the exhibition stand and/or the individual parts by renting them out. In the event that a temporary rental agreement has not been reached, we reserve title to the delivered items until all claims arising from the underlying contract have been paid in full (see Section 1.4).

5. Termination of contract

Subject to the applicable legal regulations, termination of the contract (cancellation) is only possible under the conditions described below, unless such conditions are already regulated or excluded by other (event-specific) agreements. The customer who cancels his order without being entitled to a right of withdrawal must pay reimbursement of expenses amounting to 70% of the order value up to four weeks before the start of setup, and 100% of the order value thereafter. Only a cancellation in writing will meet the deadline. The customer bears the burden of proof of timely receipt in writing. However, we will take into account the value of the expenses saved and the benefits we gain from using the services for other purposes. The customer can request a reduction in the reimbursement of expenses if he can prove that we only incurred lower expenses. We are entitled to withdraw from the contract if the customer has not made payments due under this contract, we have requested payment within a grace period of five days and payment has not been made within the grace period. We are also entitled to withdraw from the contract if the customer violates an obligation arising from this contract to take into account the rights, legal interests and interests and adherence to the contract is no longer reasonable. In all of the above cases in which the customer has caused the reasons for the declared withdrawal, the assertion of further claims, in particular claims for damages, remains reserved.

6. Force majeure

“Force majeure” is any event that has no connection with the operations of the client or contractor and cannot be prevented even with the utmost care that can reasonably be expected, such as war, civil unrest, natural disasters, storm surges or government embargoes, and that makes it impossible for the contractor or a third party involved in the fulfillment of its obligations under the project contract to provide the services owed either at the event location or even before reaching the event location. The parties agree that warnings about general risk situations or travel warnings by private or public bodies that, regardless of the reason, assume a specific risk situation, are not to be classified as force majeure. In the case of such warnings, force majeure only exists if an authority with sovereign authority for the event location has officially cancelled or prohibited the event or trade fair at the event location. If we are unable to fulfil the contractual service due to force majeure or other reasons for which we are not responsible, the exhibitor shall have no right of withdrawal, termination or reduction, nor any claims, in particular claims for damages, against Trollmann GmbH. The same applies if the exhibitor is unable to attend the trade fair due to force majeure or other reasons for which we are not responsible. If the exhibitor is prevented from attending the trade fair for a personal reason, paragraph A 5 applies. If we are unable to carry out the contractual service due to force majeure or other circumstances for which we are not responsible, or because carrying out the event has become unreasonable for us due to force majeure, we shall not be liable for any damage or disadvantages that arise for the exhibitor.

7. Safety precautions / customer obligations

7.1 Cabins and lockable furniture are not burglar-proof. The locking mechanisms serve only as a visual barrier. It is therefore strongly recommended that stand security be ordered. The customer is also strongly advised to insure both the entire rental property and exhibits or similar in an appropriate manner. We are not liable for items left at the stand.

7.2 If the customer hands over materials or documents for the manufacture of the contractual item, the customer guarantees that the manufacture and delivery of work carried out according to his documents does not infringe the intellectual property rights of third parties. We are not obliged to check whether the information and documents handed over by the customer for manufacture and delivery infringe the intellectual property rights of third parties. The customer undertakes to indemnify us against any claims for damages or other claims from third parties upon first request and to pay for all damages arising from the infringement of intellectual property rights.

7.3 The customer is obliged, among other things, to order his own stand partition walls at his own expense. It is not permitted to use the rear walls of a neighboring stand for your own demarcation purposes. The technical guidelines of the venue and the organizer must be strictly observed.

8. Storage

As a general rule, no items belonging to the customer will be stored for them. If storage is requested in individual cases, this requires that a corresponding storage certificate has been issued. We are only liable for the stored items and for any deterioration and/or destruction and/or loss of the items in the event of intent and gross negligence or in the event of a breach of essential contractual obligations.

9. Regulation for rental agreements

9.1 The rental item is provided exclusively for the contractually agreed purpose and period. Regular termination of the rental agreement is excluded. Subletting is only permitted with our express permission.

9.2 The condition and completeness of the rental item must be checked by the customer upon receipt. Section 377 of the German Commercial Code (HGB) applies accordingly. The service is deemed to have been accepted if no defect is reported by the customer. A handover protocol is created for an explicitly requested handover (acceptance). Acceptance takes place at the agreed time, but no later than 6:00 p.m. on the day before the opening of the trade fair. The customer is obliged to accept the service if the contractually owed service was provided by Trollmann GmbH or a third party attributable to Trollmann GmbH and this was reported to the customer. It is equivalent to acceptance if the customer does not accept the entire service, although he is obliged to do so and completion was reported and he was asked to accept it. The customer has no right to exchange (additionally ordered) furniture and/or (additionally ordered) equipment for other items if the service has already been delivered to us and/or provided by us as agreed; the customer’s payment obligations remain in place even if he is no longer interested in this service and returns these services before or during the trade fair. Any complaints and warranty claims must be reported to us in writing and within a reasonable period of time for inspection and, if necessary, rectification.

9.3 Since the rental item is used goods, normal signs of use do not constitute grounds for rectification, replacement or return. This also applies to color and surface deviations typical of the material.

9.4 The risk of accidental loss and/or damage is transferred from us to the customer when the rental item has been handed over. Loss and/or damage to the rental item must be reported to us immediately by the customer in order to coordinate joint measures to reduce/remove the damage and to settle it with the person responsible. The customer’s risk ends 24 hours after the official end of the event or trade fair.

9.5 The customer is liable for all losses and damages to the rented property that are caused culpably or negligently by him, his employees, his vicarious agents or other agents to the rented property or to his exhibition items and equipment. He will compensate in whole or in part for all necessary expenses for repairing the damage; in the case of repairable damage, the amount of the restoration costs, or in the case of destruction and loss, the amount of the replacement costs. We recommend that the customer insure the rented property against loss, damage and vandalism at his own expense. We will inform the customer of the insured value of the rented property upon written request from the customer. Damaged wall panels of system stand walls will be invoiced at a unit price of EUR 45 plus VAT and – if the customer is responsible – paid by the customer.

9.6 The rental agreement ends 24 hours after the official end of the respective event (trade fair). Objects left at the rental stand will be disposed of without compensation and at the customer’s expense.

9.7 The customer is responsible for the care and safety of the rental object from the time of handover until 24 hours after the end of the trade fair or event. If the customer violates his care and safety obligations, he must compensate us for the damage caused.

10. Limitation of liability

We are liable for damages resulting from injury to life, body or health in accordance with the statutory provisions. For other damages, liability is only assumed in the event of intent or gross negligence – subject to sentence 3.

We are also liable for other damages caused negligently that are based on the violation of an essential contractual obligation, but limited to foreseeable damages. The above liability limitation regulations apply to both statutory and contractual claims, in particular claims for damages based on warranty provisions. Liability under the Product Liability Act remains unaffected by the above regulations.

11. Copyright and other protective rights

11.1 The draft documents, the planning, drawing, production and assembly documents as well as the design and the concept description remain our intellectual property. The customer is not entitled to reproduce the resulting documents, to use them himself or to pass them on to third parties without our prior written consent. He is also not entitled to create replicas from them unless something else has been agreed in writing.

11.2 If the customer violates the obligations contained in section 11.1, he must pay a contractual penalty of 50% of the rental fee agreed between the parties for the rental property in question, but at least EUR 5,000.00. The contractual penalty will be offset against any claim for damages. Further claims, in particular for injunctive relief, remain unaffected.

11.3 Even after payment of the agreed fee, we retain the copyright to the documents specified in section 11.1 and to the works we produce.

11.4 We are entitled to affix our company name in an appropriate size to the items we produce or those produced according to the customer’s plans, in particular exhibition stands. We are also entitled to create, publish or use our own images of the services provided and the exhibition stands provided in accordance with section 1.2 for advertising purposes free of charge and without the customer’s separate consent.

11.5 The customer grants Trollmann GmbH the exclusive, temporally, content-wise and spatially unlimited and unlimited right of use and exploitation for all known and unknown types of use and media in connection with the services provided and the exhibition stands provided in accordance with section 1.4, thus relating to the subject matter of the contract, as well as the right to use the images created, regardless of the number and form of those supplied, in order to use them for advertising and/or non-advertising purposes.

12. Data processing

We collect, use and process personal data of customers for the establishment, implementation and processing of the contractual relationship with Trollmann GmbH and for market research purposes. If you have given us your consent, we will also pass on your data to our official partner companies so that they can offer you their own additional services or similar services. Your data will be used within the framework of the legal regulations and exclusively for the defined purposes. Declarations of consent given to us can be revoked at any time to Trollmann GmbH. We also refer here to our data protection information.

13. Consumer dispute resolution

Trollmann GmbH is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of Section 36 Paragraph 1 of the Consumer Dispute Resolution Act (VSBG). This does not affect the possibility of dispute resolution by a consumer arbitration board in the context of a specific dispute with the consent of both contracting parties (Section 37 VSBG).

14. Other provisions

14.1 The place of performance for the customer’s payment is Munich.

14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in the Federal Republic of Germany, Munich is agreed as the place of jurisdiction for all disputes arising from this contract or in connection with this contract. We are also entitled, at our discretion, to assert our claims against the customer in the court that has jurisdiction for the place where the customer has its registered office or branch.

14.3 All legal relationships between us and the customer are governed by the law of the Federal Republic of Germany, excluding the Vienna Sales Convention 1980 (CISG), even if the customer has its registered office or place of residence abroad.

14.4 Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of all other provisions of these terms and conditions.

Status, Munich 01.11.2024