General Terms and Conditions for Events of BPM&O GmbH

BPM&O GmbH plans, organizes and conducts events for process management and process-oriented organizational development, in particular the annual process management congress CPOs@BPM&O.

Scope of application and provider

  1. The following General Terms and Conditions for Events govern in Part A the contractual relationship between BPM&O GmbH (hereinafter “BPM&O”) and the participant (hereinafter “Participant”) of these events.
  2. In Part B the contractual relationship between BPM&O GmbH (hereinafter “BPM&O”) and the sponsor, exhibitor or cooperation partner (hereinafter “Sponsor”) of these events.
  3. The provider and organizer of the events is the company BPM&O GmbH, Domstr. 37,  50668 Cologne

Tel-: +49 (0)221 99787520

Fax: +49 (0)221 99261607

E-mail: info@bpmo.de

Vertretungsberechtigte Management: Ariane Möller Register, Court: Cologne Local Court, Register number: HRB 67215

Value added tax identification number in accordance with § 27a of the Value Added Tax Act: DE26711736

4. Individual contractual agreements shall take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions shall not    become part of the contract unless their validity is expressly agreed.

 

Part A: Participants of the event

§ 1 Registration and conclusion of contract

  1. Registration for participation in the events must be made in writing. It can be made online, by e-mail, fax or post. By registering, the participant agrees to the “General Terms and Conditions for Events of BPM&O GmbH”.
  2. Registration shall be deemed a binding contractual offer. The contract shall come into effect upon receipt of the registration confirmation from BPM&O.
  3. The participant is required to provide data and information in order to register. The participant is obliged to provide correct information. If false information is provided or a false identity is chosen and BPM&O becomes aware of this, the contractual relationship will be terminated immediately without notice by BPM&O. BPM&O expressly reserves the right to claim damages in this case.
  4. In the case of online registration for events, the participant will receive a booking confirmation by e-mail. Furthermore, the participant or the responsible orderer will receive an invoice in PDF format by e-mail. If a paper invoice is desired, this can be requested for an additional charge.
  5. Registrations are generally considered in the order in which they are received up to the maximum number of participants.

§ 2 Terms of payment

  1. In the case of chargeable events, the participant must pay the contractually agreed fee for the event (so-called participation fee) as invoiced by BPM&O or, in the case of online registrations, by its service provider, stating the full invoice number, within 14 days of receipt of the invoice.
  2. Payment shall be made to the bank account stated on the invoice. Payment by sending cash or cheques is not possible; BPM&O accepts no liability for loss.
  3. If the participant is in default of payment, BPM&O shall be entitled to charge interest on arrears at a rate of 5% above the prime rate p.a. (Section 247 (1) BGB). If BPM&O can prove higher damages caused by default, these may be claimed. In the same way, the Participant shall be entitled to prove that no damage has been incurred at all or that the damage is significantly lower than claimed by BPM&O. The Participant may only offset claims that have been legally established or recognized by BPM&O in writing.
  4. The Participant shall only be authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

§ 3 Withdrawal or rebooking by the participant

  1. The withdrawal or (one-off) rebooking of a registration must be made in writing. It can be made by e-mail to info@bpmo.de, online via the service provider, fax or post.
  2. Withdrawal from participation in the event or rebooking of participation from attendance to online participation (vice versa) is free of charge if this is done up to 21 days before the start of the event. In the event of later withdrawal or non-attendance, the entire (original) participation fee is due. This also applies in the event of illness of the participant.
  3. The relevant date for the participant’s withdrawal or rebooking is the date of receipt of the declaration.
  4. In the event of withdrawal or rescission, additional cancellation fees may be waived.
  5. If a substitute participant is nominated by the originally registered participant or by the responsible orderer, no cancellation fees will be charged.

§ 4 Change and cancellation of events

  1. BPM&O reserves the right to cancel an event for reasons for which it is not responsible (e.g. insufficient number of registrations, force majeure) and to change event dates if necessary.
  2. In the event of a change or cancellation, each participant will be informed immediately.
  3. In the event of cancellation, any participation fees already paid will be refunded. The same applies in the event that the participant is unable to attend a catch-up date for the event.
  4. Any other claims on the part of the participant are excluded. BPM&O cannot be obliged to compensate for travel or accommodation costs or other consequential damages.
  5. BPM&O reserves the right to change speakers or change the course of the event. The participant cannot derive any claims from this, e.g. withdrawal from the contract or reduction of the participation fees.

§ 5 Exclusion from participation

  1. BPM&O is entitled to exclude participants from further participation in special cases (e.g. late payment, disruption of the event).
  2. In the event of exclusion, BPM&O’s financial claim shall be governed by § 3 of these General Terms and Conditions.

§ 6 Copyrights

  1. The documentation handed out during the event is protected by copyright.
  2. Participants are only granted a simple, non-transferable right of use for personal use.
  3. In particular, participants are not permitted without the consent of BPM&O and the respective speakers to change the content or editing of the event documents – even in part – or to use modified versions, copy them for third parties, make them publicly accessible or forward them, post them on the Internet or in other networks for a fee or free of charge, imitate them, resell them or use them for commercial purposes.
  4. Any copyright notices, marks or trademarks may not be removed.

§ 7 Liability

  1. BPM&O shall only be liable for damages in connection with the organization of events in the event of intent or gross negligence.
  2. The limitation of liability shall not apply to damages resulting from injury to life, limb or health caused by a negligent or intentional breach of duty by BPM&O or a legal representative or vicarious agent of BPM&O.
  3. Furthermore, the limitation of liability does not apply to damages that are based on the breach of a so-called cardinal obligation (i.e. a contractual obligation that makes the proper execution of the contract possible in the first place and on the fulfillment of which the participant regularly relies and may rely).

§ 8 Data protection

  1. By registering for an event, the participant agrees to BPM&O’s data protection regulations.
  2. BPM&O protects your personal data and will treat the data provided to it during registration as confidential. For more information on the use, disclosure and storage of personal data, please refer to our privacy policy: bpmo.de/datenschutzerklaerung/.
  3. The statutory data protection regulations are of course complied with.

§ 9 Choice of law and place of jurisdiction

  1. The applicable law of the Federal Republic of Germany shall apply.
  2. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
  3. The place of jurisdiction for all legal disputes is Cologne, provided that the client is a company, a legal entity under public law or a special fund under public law.

§ 10 Severability clause

Should one or more provisions of these terms and conditions be ineffective, this shall not result in the ineffectiveness of the entire contract. The invalid provision shall be replaced by the applicable statutory provision.

§ 11 Right of withdrawal for consumers

Participants whose registration cannot be attributed to their commercial or independent professional activity (§ 13 BGB) have the right to revoke their registration in writing within 14 days of receipt of the registration confirmation without giving reasons. To meet the deadline, it is sufficient to send the revocation in good time to the following address:

BPM&O GmbH
Domstr. 37
50668 Cologne

This right of revocation expires prematurely if the booked event has taken place and/or the participant has taken part in it.

Part B: Sponsors of the events

§ 1 Registration and conclusion of contract

  1. BPM&O reserves the right to offer various sponsorship packages for events. BPM&O’s offers regarding the content and services of the respective sponsorship packages are always subject to change and non-binding, including with regard to prices.
  2. Registration as a sponsor for the events must be made in writing. It can be made by e-mail, fax or post. By registering, the sponsor agrees to the “General Terms and Conditions for Events of BPM&O GmbH”.
  3. Registration is considered a binding contractual offer. The contract is concluded upon receipt of the registration confirmation by BPM&O.
  4. The sponsor is required to provide data and information for registration. The sponsor is obliged to provide correct information. If false information is provided or a false identity is chosen and BPM&O becomes aware of this, the contractual relationship will be terminated immediately by BPM&O without notice. BPM&O expressly reserves the right to claim damages in this case.
  5. Registrations will be considered in the order in which they are received up to the maximum number of places available for sponsors.

§ 2 Prices and terms of payment

  1. The prices for the sponsorship packages are based on the individually agreed offer from BPM&O and the sponsor.
  2. Payment of the contractually agreed fee for the event shall be made to the specified bank account of BPM&O within 14 days of receipt of the invoice, stating the full invoice number. Payment by sending cash or checks is not possible; BPM&O assumes no liability in the event of loss.
  3. If the Sponsor is in default of payment, BPM&O shall be entitled to demand default interest in the amount of 5% above the base interest rate (Section 247 (1) BGB) per annum. If BPM&O can prove higher damages caused by default, these may be claimed. In the same way, the Sponsor shall be entitled to prove that no damage has been incurred at all or that the damage is significantly lower than claimed by BPM&O.
  4. The Sponsor may only offset claims that have been legally established or recognized by BPM&O in writing. The Sponsor shall only be authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

§ 3 Withdrawal by the sponsor

  1. The withdrawal of a registration must be made in writing. It can be sent by e-mail to info@bpmo.de, fax or post.
  2. In the event of withdrawal up to eight weeks before the start of the event, 25% of the contractually agreed fee for the event shall be due as a cancellation fee. In the event of a withdrawal in the period from eight weeks to four weeks before the date of the event, a cancellation fee of 50% is due. From four weeks before the event date, 100% of the registration fee is due.
  3. The relevant date for the sponsor’s withdrawal is the date of receipt of the declaration.

§ 4 Change and cancellation of events

  1. BPM&O reserves the right to cancel an event for reasons for which it is not responsible (e.g. insufficient number of registrations, federal or state government decrees, force majeure) and to change event dates if necessary.
  2. In the event of a change or cancellation, each sponsor will be notified immediately.
  3. In the event of cancellation, the contractually agreed fee already paid for the event will be refunded. The same applies in the event that the sponsor is unable to attend a subsequent date for the event.
  4. Any other claims on the part of the sponsor are excluded. BPM&O cannot be obliged to compensate for travel or accommodation costs or other consequential damages.
  5. BPM&O reserves the right to change speakers or to change the course of the event. The sponsor cannot derive any claims from this, e.g. withdrawal from the contract or reduction of the contractually agreed fee for the event.

§ 5 Exclusion from participation

  1. BPM&O is entitled to exclude sponsors from further participation in special cases (e.g. late payment, disruption of the event).
  2. In the event of exclusion, BPM&O’s financial claim shall be governed by § 3 of these General Terms and Conditions.

§ 6 Contents and services of the sponsorship packages

  1. The sponsor will be provided with an exhibitor area as agreed in the sponsorship package. The size of the total exhibition area is limited. BPM&O is responsible for the design and allocation of the exhibition areas (for details see §7 Exhibitor area).
  2. As agreed in the sponsorship package, the sponsor will be given the opportunity to give a short presentation during the event. The allocation of the short presentations in the event schedule is at the sole discretion of BPM&O. The content of the short presentations is left to the sponsors after consultation with BPM&O.
  3. Following the event, the sponsor will receive a list of participants as agreed in the sponsorship package. The list of participants contains only the most important information and essentially consists of the name of the participating company and the name of the participating representative (“delegate”).
  4. In the case of an online event, the sponsor receives a list of visitors to the sponsor’s exhibitor area as agreed in the sponsorship package. The list contains the name of the participating company, the name of the participating representative (“delegate”) and the delegate’s telephone number and e-mail address – if provided by the delegate.

§ 7 Exhibitor area

a. Face-to-face events
  1. The size of the total exhibition space is limited. Exceeding the booked stand limit is not permitted. Due to safety regulations, all aisles in the exhibition area must be kept clear to their full width.
  2. The exhibition stands will be allocated by BPM&O. There is no entitlement to a specific stand location; placement requests will be taken into account as far as possible, but are not binding.
  3. BPM&O may relocate exhibition stands or adjust the exhibition space and layout for organizational reasons or to maintain the overall appearance. BPM&O shall have the unilateral right to relocate stands at a later date if there is a valid reason for the change (e.g. security situation, lack of space due to unforeseen crowds) on the part of BPM&O and if this change is reasonable for the sponsor.
  4. The sponsor may only partially assign the stand space allocated to it to third parties, sublet it or accept it for other companies with the prior written consent of BPM&O. A co-exhibitor must be named to BPM&O in writing before being accepted. Additional costs will be incurred if a co-exhibitor is registered. The legal and economic responsibility for the co-exhibitor lies with the sponsor.
  5. The times for setting up and dismantling the exhibition stands will be announced in good time. Stand construction must be completed in good time before the opening of the event. Dismantling may only begin after the end of the event.
  6. The sponsor undertakes to dispose of waste after setting up and dismantling the stand. Any necessary clean-up work will be charged to the person responsible.
  7. The sponsor undertakes to provide all necessary information for the construction and dismantling of the stand, design of the exhibitor area, stand personnel at the times and by the deadlines specified by BPM&O. Any changes must be communicated to BPM&O without delay.
  8. BPM&O reserves the right to adjust the duration of the exhibition or the set-up and dismantling times in whole or in part for organizational reasons. Sponsors will be informed of these changes in good time prior to the event.
  9. Violating sponsors must pay a contractual penalty of 5% of the contractually agreed fee for the event. The contractual penalty does not exclude further claims by BPM&O, but will be offset against them.
b. Online events
  1. The design/layout and content of the virtual exhibitor areas are the responsibility of BPM&O. There is no entitlement to a specific design or placement (on the event platform) of the exhibitor area.
  2. BPM&O may adjust the virtual exhibitor areas for organizational and/or technical reasons or to maintain the overall image.
  3. The sponsor may only partially assign, sublet or accept for other companies the exhibitor area allocated to it with the prior written consent of BPM&O. A co-exhibitor must be named to BPM&O in writing before being accepted. Additional costs will be incurred if a co-exhibitor is registered. The legal and economic responsibility for the co-exhibitor lies with the sponsor.
  4. The sponsor undertakes to provide all information required for the construction/design of the exhibitor area, stand personnel and short presentations at the times and deadlines specified by BPM&O. Any changes must be communicated immediately. Any changes must be communicated to BPM&O without delay.
  5. BPM&O reserves the right to adjust the duration of the exhibition or the stand times in whole or in part for organizational and/or technical reasons. Sponsors will be informed of these changes in good time prior to the event.
  6. Violating sponsors must pay a contractual penalty of 5% of the contractually agreed fee for the event. The contractual penalty does not exclude further claims by BPM&O, but will be offset against them.

§ 8 Materials, advertising and promotions at the stand

  1. The distribution or provision of brochures and leaflets, give-aways or other advertising is only permitted on the respective sponsor’s own stand. Additional marketing and advertising measures outside the exhibition stand (e.g. foyer, lecture and/or catering area, in front of and in other rooms of the event venue) are not permitted.
  2. The sponsor undertakes not to carry out any advertising that violates legal provisions or morality. The sponsor warrants that the use of its company name, its company logo and other advertising measures are permitted without restriction under trademark law, company law, copyright law and competition law.
  3. The sponsor shall also indemnify BPM&O against all damages, costs or claims asserted by third parties due to the sponsor’s advertising activities.
  4. The sponsor undertakes to use BPM&O trademarks (e.g. brands, logos, company names, event names, etc.) only with the sponsor’s prior consent.

§ 9 Copyrights

  1. The documentation handed out during the event is protected by copyright and may not – even in part – be changed in terms of content or editing, copied for third parties, made publicly accessible or forwarded, posted on the Internet or other networks against payment or free of charge or used for commercial purposes without the consent of BPM&O and the respective speakers.
  2. Any copyright notices, marks or trademarks may not be removed.

§ 10 Liability

  1. BPM&O shall not be liable for any loss or damage to items sent by the sponsor to the event venue by post or courier or items brought by the sponsor. BPM&O will not provide security for the exhibition stands. The sponsor is responsible for supervising and guarding his stand.
  2. BPM&O shall only be liable for damages in connection with the organization of events in the event of intent or gross negligence.
  3. The limitation of liability shall not apply to damages resulting from injury to life, limb or health caused by a negligent or intentional breach of duty by BPM&O or a legal representative or vicarious agent of BPM&O.
  4. The limitation of liability does not apply to damages that are based on the breach of a so-called cardinal obligation (i.e. a contractual obligation that makes the proper execution of the contract possible in the first place and on the fulfillment of which the sponsor regularly relies and may rely).

§ 11 Data protection

  1. By registering for an event, the sponsor agrees to BPM&O’s data protection provisions.
  2. BPM&O protects your personal data and will treat the data provided to it during registration as confidential. For more information on the use, disclosure and storage of personal data, please refer to our privacy policy: bpmo.de/datenschutzerklaerung/.
  3. The statutory data protection regulations are of course complied with.

§ 12 Choice of law and place of jurisdiction

  1. The applicable law of the Federal Republic of Germany shall apply.
  2. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
  3. The place of jurisdiction for all legal disputes is Cologne, provided that the client is a company, a legal entity under public law or a special fund under public law.

§ 13 Severability clause

Should one or more provisions of these terms and conditions be ineffective, this shall not result in the ineffectiveness of the entire contract. The invalid provision shall be replaced by the applicable statutory provision.