AGBs for participants of Data Festival GmbH events
§ 1 Scope of application
These General Terms and Conditions of Business of Data Festival GmbH, Vogelhartstr. 1, 80807 Munich, Germany, apply to all services within the scope of conferences, symposia, workshops, seminars, event series and comparable further education offers (hereinafter referred to as “events”) which Data Festival GmbH provides for participants (hereinafter referred to as “participants”) at such events. This shall also apply insofar as Data Festival GmbH does not act as sole organizer in individual cases.
The participant will be notified of changes to these terms and conditions in text form or in writing. They shall be deemed to have been approved unless the participant objects in writing. The objection must be received by Data Festival GmbH within two weeks of notification of the changes.
§ 2 Registration and conclusion of contract
2.1 Offers by Data Festival GmbH for participation in events are subject to change and non-binding. Registrations for events as participants can only be made bindingly via the Internet, in writing or by e-mail. The participant’s registration shall not be binding until a confirmation has been issued by Data Festival GmbH at least in text form. Confirmation is usually sent by e-mail. Data Festival GmbH shall decide whether to accept registrations from participants. There shall be no claim to participation.
2.2 Data Festival GmbH reserves the right in individual cases to make changes in the topic structure and in the selection of speakers, as well as to cancel or change the minimum and maximum number of participants stated in the announcements for the events. In exceptional cases, the events offered in the seminar program may be postponed or cancelled even after confirmation of participation has been issued, due to insufficient numbers of participants, short-term absence of the speaker due to illness or force majeure. In the event of insufficient numbers of participants, the event will be cancelled at the latest one week before the event begins. In the event of cancellation of an event, Data Festival GmbH will refund seminar fees already paid. In the event of a postponement, the participant shall have the right to withdraw from the contract concluded within seven working days of notification of the new date without stating reasons; otherwise the event shall be deemed to have been booked with the new date.
2.3 In case of cancellation or postponement of an event by Data Festival GmbH, a claim of the participant for compensation of travel and accommodation costs as well as loss of earnings and further damages is excluded, unless the damage arises due to grossly negligent or intentional behaviour on the part of Data Festival GmbH.
§ 3 Prices
The participation fee is per person and event date plus the applicable statutory value added tax. It includes the participation in the lectures, event documents, lunch, drinks during the coffee breaks and, if applicable, the participation in an evening event. The seminar price includes participation of the booked seminars, seminar documents, lunch and drinks during the coffee breaks. The participant will be informed of any changes on the respective event website before the start of the booking. Deviations from the standard price, e.g. early-bird offers or other discounts, can be found in the respective offer. After the expiry of the offer period, there is no longer any retroactive entitlement to the expired discounts. Participation in an event day by the hour does not entitle the participant to a reduction of the event day price.
§ 4 Arrival and accommodation
The participant is basically responsible for his own travel and accommodation.
§ 5 Terms of payment
The fees for attending the event are due without deduction no later than 14 days after the invoice is issued. Objections to invoices can only be considered if they are made in writing to Data Festival GmbH within 14 days after the invoice is issued, stating reasons. In the event of late payment, interest on arrears shall be payable at the statutory rate, but at least 6% p.a. The first reminder after default of payment shall be free of charge. An additional € 5.00 reminder and processing fee will be charged for each subsequent reminder.
§ 6 Substitute participants
After receipt of the confirmation of registration, the participant can name a replacement participant in writing free of charge up to two working days before the start of the event.
§ 7 Termination by the participant
Cancellations of registrations can be made in writing, by fax or by e-mail and are free of charge up to four weeks before the purchase. If the cancellation is received up to one week before the start of the event, a cancellation fee of 50% of the event fee will be charged. In the event of a later cancellation or no-show, the full participation fee is due. However, a substitution of a registered participant is possible according to § 6 of these GTC.
§ 8 Cancellation by Data Festival GmbH
8.1 Data Festival GmbH shall be entitled to terminate the contract extraordinarily and without notice if the participant is in default of payment of the participation fee and payment is not made even after expiry of a grace period granted to the participant. The right to extraordinary termination for other reasons shall remain unaffected.
8.2 Data Festival GmbH shall be entitled to terminate the contract up to 30 days before the start of the contract due to a foreseeable low participation. A foreseeable low level of participation shall be deemed to exist if the number of participants falls below the minimum number of participants specified in advance by Data Festival GmbH for the respective event and which Data Festival GmbH shall inform the participant of upon request. Any payments already made at this time will be refunded to the participant. In all other respects, the provisions of Item 2.3 of these GTC shall also apply in this case.
§ 9 Cancellation account of force majeure
9.1 In case of cancellation or interruption of an event due to force majeure, which is an external occurrence that has no operational connection and cannot be averted even by exercising the utmost reasonable care, e.g. war, natural disasters, epidemics, Data Festival GmbH will refund any payments already made at this time to the participant. The refund will be made on a pro rata basis insofar as the event had already begun.
9.2 In case of a postponement, the participant has the right to withdraw from the concluded contract within seven working days after the announcement of the new date without giving reasons; otherwise the event is valid as booked against the new date.
§ 10 Image and sound recordings
Data Festival GmbH reserves the right to film and photograph lectures, participants and exhibition stands. All rights to this material belong to Data Festival GmbH. By booking the event, the participant and partners/exhibitors/sponsors (third parties) agrees to the publication of the recordings, but may object to publication at any time. Participants are not authorized to make audio, film or video recordings of the event or of participants.
§ 11 Warranty and liability
11.1 All events are prepared and carried out with the greatest possible care. However, a success in further training is not owed.
11.2 Data Festival GmbH shall not be liable for damage caused by third parties (e.g.: exhibitors, participants, employees of the event center) unless Data Festival GmbH can be accused of deliberate or grossly negligent selection fault.
11.3 Data Festival GmbH shall be liable in the event of injury to life, body and health as well as for damages resulting from the negligent or intentional breach of a cardinal obligation by Data Festival GmbH or its legal representatives or vicarious agents in accordance with the statutory provisions. Cardinal obligations are obligations whose fulfillment is essential for the proper execution of the concluded contract and on whose compliance the participant may regularly rely.
11.4 Data Festival GmbH shall be liable for damages not covered by paragraphs 2 and 3 above if they are due to an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Data Festival GmbH. However, liability shall be limited to typical, foreseeable damage.
§ 12 Copyrights
Data Festival GmbH grants the participant a non-exclusive and non-transferable right of use for personal use of event documents that are handed over to a participant in physical or electronic form in the course of an event. Data Festival GmbH reserves all rights, in particular those of reprinting and reproduction of the event documentation or parts thereof and making it publicly accessible.
§ 13 Data protection
Data Festival GmbH processes personal data in accordance with the provisions of the EU Basic Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG) exclusively for the fulfilment of contractual obligations (Art. 6 Para. 1 b DSGVO), based on the consent of the participant (Art. 6 Para. 1 a DSGVO), based on legal requirements (Art. 6 Para. 1 c DSGVO) or to safeguard legitimate interests (Art. 6 Para. 1 f DSGVO). Data Festival GmbH is entitled to store and process personal data of the participant entrusted to it within the scope of the purpose of the contractual relationship and to transfer the data to third parties to the extent necessary for the performance of the contract. The participant agrees that the data may be used and stored for marketing purposes by the organizer BARC GmbH. In addition, the participant agrees that the data may be passed on to other co-organizers, partners/exhibitors/sponsors (third parties) from business like business software and IT services and that they may contact the participant for marketing purposes. In addition, the participant’s contact details will be made available to the other participants via the participants list. The third party receives the address and contact data as well as data to prove this consent, which it must process on its own responsibility in accordance with Article 13 DSGVO and §32 BDSG. Data Festival GmbH is not responsible for the further use of the data passed on to third parties. For the rest, reference is made to the detailed data protection declaration, the content of which is an integral part of these GTC.
§ 14 Final provisions
14.1 Should any provision of these Terms and Conditions be or become invalid, the validity of all other provisions shall not be affected thereby. The invalid or ineffective provision shall be replaced by a valid provision which comes as close as possible to the meaning and purpose of the original provision.
14.2 Supplements must be made in writing to be effective. This shall also apply to the cancellation of the written form requirement. Should one or more provisions of these clauses or of the contract be or become ineffective, the remaining provisions shall continue to be effective.
14.3 The contract shall be governed exclusively by German law. As far as permissible, Munich is agreed as the place of jurisdiction.