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Terms & Conditions

General Event Conditions for Visitors

§ 1 User Congress Due to the nature of the conference as a user congress, registration for providers is strictly limited. Participation as a provider is therefore exclusively reserved for official partners of RETAIL NXT. In the context of this regulation, users are all participants who work for a user company that does not itself provide consulting services or develop, produce, or distribute ITK products or services. This regulation does not apply to employees of spun-off companies that work exclusively for the parent company and do not engage in third-party business. Providers in the above sense are participants who work for a consulting firm, a manufacturer, a software, hardware, or telecommunications company, or for an ITK service provider. § 2 Scope of Application (1) The following General Event Conditions for Visitors (hereinafter “General Event Conditions”) apply to participation in events by FLEET Events GmbH (hereinafter “FLEET”) and all resulting contractual relationships between FLEET and the visitor. The Event Conditions are recognized by purchasing a ticket or by attending the event. (2) FLEET does not recognize any visitor’s terms and conditions that deviate from or oppose these Event Conditions unless FLEET has expressly agreed to a change in writing. Ancillary agreements, especially warranties, changes, and supplements are only effective if FLEET has expressly agreed to them. They should be made in writing for later verification. § 3 Organizer / Contractual Partner The organizer is FLEET. By purchasing a ticket, contractual relationships regarding the event visit are exclusively between the visitor and FLEET. § 4 Offers and Prices (1) Offers and prices are always non-binding. The prices include VAT. Sales are only in customary commercial quantities. (2) Trading in event tickets is generally prohibited. § 5 Use of the Online Offer (1) The customer may use the online offer exclusively for private, non-commercial purposes. The use of automated technical possibilities, such as scripts or macros, to monitor or manipulate the online offer is prohibited by FLEET. (2) The customer undertakes to keep all access data to the personalized area of the online access (customer account) confidential and to inform FLEET immediately if these data are no longer confidential. This also applies if the customer suspects or has knowledge that their access data have been misused. In any case, the customer remains responsible for unauthorized use of the online offer. All declarations of intent made using their online access (customer account) or other access data are valid for and against the customer, unless the customer is not responsible for the misuse of their online access (customer account) because there is no violation of the existing duties of care. (3) FLEET’s online offer to purchase tickets is directed exclusively at end customers. The purchase of tickets for resale is prohibited. § 6 Conclusion of Contract & Right of Withdrawal (1) The customer submits a binding offer to conclude a paid contract for the purchase of event tickets by confirming the “Buy” button at the end of the ordering process. FLEET reserves the right to reject the customer’s offer at any time without stating reasons. A legally binding contract is concluded only with the dispatch of the tickets via email. (2) In the sale of tickets for leisure events at a specific date, there is no right of withdrawal according to § 312g para. 2 no. 9 BGB. Each order of tickets is thus binding and obligates the customer to pay for the ordered tickets. § 7 Payment (1) The total price of the order including all fees is due immediately after the conclusion of the contract (para 5 subpara 1). Payment is made when ordering by invoice, credit card, PayPal, or direct debit from a German bank account. (2) If a direct debit results in a chargeback that is not the fault of FLEET, a fee of €15.00 will be charged, which the customer has to pay in addition to the invoice amount. Unauthorized cancellations of credit card payments are charged with a fee of €25.00. The settlement of a chargeback must be made by the customer by transfer within a week after the chargeback to the account FLEET Events GmbH, Commerzbank IBAN: DE55200400000621577600. § 8 Shipping & Returns (1) The tickets are sent to the customer by post free of charge to the address specified at the time of ordering. For online events, the customer receives, along with the ticket, a link that enables access to the online event (hereinafter “Access Link”). (2) The customer must ensure that no unauthorized person gains possession of the tickets and that they are not printed multiple times or otherwise duplicated. For online events, the customer must also ensure that the access link does not come to the knowledge of unauthorized third parties and is not published accessible to the public. The customer is liable to FLEET for the proven damage incurred in the event of duplication. FLEET reserves the right to lock the customer out in this case and to issue a virtual ban from the premises. (3) Immediately upon receipt of the tickets, the customer is obliged to check them for correctness of the number and prices, date, time, event, and venue. Complaints about faulty tickets must be made in writing to FLEET immediately after receipt at tickets@fleet-events.de. The letter must include the incorrectly issued tickets as an attachment. (4) The customer has a right of withdrawal until no later than 12 weeks before the respective booked event. After that, a return or refund of tickets is not possible. Booked tickets must be sent by post to FLEET Education Events GmbH, Zirkusweg 1, 20359 Hamburg. In the event of timely withdrawal and return of the booked ticket, the customer will be reimbursed by FLEET the face value of the ticket. A refund of any paid advance booking fees does not occur. Otherwise, FLEET will only refund the face value of the ticket if an event is canceled. FLEET will inform the customer about a possible cancellation of the event in good time by notice on its homepage and, if applicable, by telephone, in writing, or by email. FLEET is not liable for losses, damages, or expenses of the customer in the event of a cancellation of an event. (5) If the respective event does not take place or is postponed due to circumstances for which the organizer is not responsible, such as force majeure and equivalent events, such as state mourning, weather influences, strike or war, the organizer is not to be held responsible for resulting losses or damages. In this case, a refund of the ticket does not occur. (6) Lost or destroyed tickets will not be replaced by FLEET. § 9 Image and Sound Recordings (1) In the event that image and/or sound recordings are made during a performance by persons authorized by FLEET, the visitor, by entering the event site, agrees that they may be recorded in image and/or word and that the recordings may be published and used in connection with the reporting on the event without claim to compensation. (2) Image and sound recordings of the event may also be created for advertising purposes. The visitor grants FLEET simple, transferable, temporally, locally, and content-unlimited licenses for the use, processing, and exploitation of the recordings for the promotion of the event – also in subsequent years. (3) If the visitor does not agree with this, they must clearly and expressly declare this to FLEET or the persons authorized by FLEET. (4) Further information can also be obtained in the “Information on Data Protection in the Production and Use of Photos”, which can be viewed at the organizer. § 10 Data Transfer In the event that a visitor participates in Masterclass or Xpo-Stage content presented by a partner of RETAIL NXT, the visitor agrees that their badge will be scanned upon entering the room or stage. They consent to the presenting partner subsequently contacting them by email, mail, or phone to offer them goods and services of the partner and to inform them about news, products, and services. Data transfer occurs exclusively if the visitor participates in program items during RETAIL NXT where their badge is scanned at the entrance. Consent to the aforementioned points is voluntary and can be revoked at any time by email. The revocation address is datenschutz@fleet-events.de (as well as directly with the respective partner, as described in the communication or privacy policy of the respective partner). After receipt of the revocation, the personal data affected by the revocation may no longer be used by RETAIL NXT based on this consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent before the revocation. § 11 House Rules / Use Regulations (1) By purchasing the tickets and attending the event, the visitor acknowledges the house and use regulations of the respective event venue. (2) In addition, the following usage regulations apply: The bringing of pyrotechnic objects, torches, weapons, and weapon-like objects onto the event site is fundamentally prohibited. The carrying of media recording devices may be restricted (also in parts of the event). The announcement is made by appropriate signs. Instructions from security and event staff must be followed. At the entrance, a security check takes place. For the enforcement of the security regulations, the security personnel are authorized to visually and manually inspect bags, clothing, and on the body. FLEET reserves the right to refuse entry to persons who are intoxicated, aggressive, or not appropriately dressed for the event, without refunding the entry price. In the event of danger, fire safety regulations and escape and rescue plans must be applied. Every visitor is urged to comply with the Youth Protection Act (JuSchG; see postings) and other relevant laws throughout the event site. Violations by third parties must be reported immediately to the security personnel. (3) FLEET has the right to house within the framework of the event. Insofar, FLEET reserves the right to expel from the event site, without refunding the entry price, persons who violate the foregoing regulations, commit crimes (e.g., theft, drug trafficking, assault, etc.) on the event site and/or endanger third parties or the course of the event, and, if applicable, to file a criminal complaint. (4) Wilful contamination of the event location will be punished with a flat cleaning fee. The visitor is allowed to prove that FLEET has suffered no or significantly less damage. § 12 Changes to Venue or Date / Cancellation of the Event (1) FLEET reserves the right to relocate the event locally and/or temporally. FLEET will inform the customer about this in good time by notice on its homepage and, if applicable, by telephone, in writing, or by email. In this case, the customer has a right of withdrawal if the relocation is unreasonable, which they can exercise by returning the tickets by post to FLEET Events GmbH, Zirkusweg 1, 20359 Hamburg until the start of the event. The customer will be refunded the face value of the ticket. A relocation is considered unreasonable if the new date or venue is unreasonable for the visitor, taking into account their legitimate interests. However, this does not apply if the cancellation or relocation is due to force majeure (see § 7, para 5). § 13 Special Provisions for Online Events (1) The access link entitles only one person to participate in the online event. The transfer of the link to third parties is prohibited. (2) The use of the services within the scope of online events is only permitted in accordance with applicable laws and taking into account the rights of third parties. The customer must not violate legal prohibitions, good morals, and the rights of third parties (copyright, trademark, and data protection rights, etc.) through the content and data provided by them. The online event may not be used for fraudulent activities or in connection with a criminal offense, harassment, or other inconveniences. (3) FLEET reserves the right to delete data entered by customers, block user profiles, and block access to the online event or individual services provided free of charge without stating reasons. FLEET is particularly entitled to do so if the customer violates applicable law or the terms of use. The blocking of paid services is only permissible if there is an important reason. (4) FLEET points out that, according to the current state of technology, hardware and software errors cannot be completely excluded. A warranty cannot therefore be assumed for this. Due to technically necessary maintenance work, 100% availability of the systems provided by FLEET cannot be guaranteed. Malfunctions or failures must be reported by the customer to FLEET immediately in writing or by email at tickets@fleet-events.de. (5) The customer must indemnify FLEET upon first request from all possible claims by third parties based on the unlawful or rights-violating content or other behavior of the customer. This applies in particular to copyright, trademark, name, data protection, and competition law violations of any kind. The customer has to bear the costs of the necessary legal defense incurred by FLEET, including all court and lawyer fees at the statutory rate, unless the customer is not responsible for the legal violation. (6) All contents provided within the scope of the online event are owned by FLEET or the respective organizer/exhibitor and are possibly protected by copyrights or other protective rights. These contents may not be used without the consent of the respective right holders. In particular, it is prohibited, without the consent of FLEET, to read out parts of the portal and use the data elsewhere, especially in own databases. § 14 Liability (1) Attendance at the event is always at the visitor’s own risk. During performances and concerts, there may be a risk of potential hearing and health damage due to the volume. (2) FLEET is only unlimitedly liable for damages of the visitor if they are due to intentional or grossly negligent behavior by FLEET. For slightly negligent breaches of duty, FLEET is only liable in the event of a breach of essential contractual obligations or if FLEET has taken on special trust in a particular way. In this case, the liability is limited to the contract-typical and foreseeable, direct damage of the visitor at the time of the conclusion of the contract. This also applies to breaches of duty by legal representatives and/or vicarious agents of FLEET. Liability for injury to life, body, or health remains unaffected. § 15 Final Provisions (1) The offsetting of claims by FLEET is only permissible with undisputed or legally established counterclaims. The assertion of retention rights not based on the same contractual relationship is excluded. (2) If individual provisions of these conditions are wholly or partially invalid, ineffective, and/or unenforceable, the validity of the remaining provisions shall not be affected. (3) The place of performance and payment is Hamburg. The law of the Federal Republic of Germany applies, excluding its provisions of international private law. The application of the UN Sales Law is excluded. This choice of law applies to consumers only to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. In relation to merchants, legal entities of public law or special funds under public law, the exclusive place of jurisdiction is Hamburg. However, FLEET is also entitled to sue at any other legal venue.

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