General terms and conditions for events organized by Münchner Management Kolloquium GmbH
General Terms and Conditions for Events organized by Münchner Management Kolloquium GmbH (Status: January 2024)
(1) Scope of application
(1) These General Terms and Conditions ("GTC") apply to all contracts and contractual offers between Münchner Management Kolloquium GmbH ("MMK") and the respective third party ("Participant") in connection with all events of MMK and, if applicable, the co-organizers or cooperation partners expressly named in the event (in particular in connection with their attendance, preparation and implementation, the provision and acceptance of services in preparation for or accompanying the event or other business relationships, but not exhibitions and sponsoring, cf. Section (6), regardless of whether these take place physically (e.g. congresses; "face-to-face events") or digitally or virtually (e.g. webinars; "digital events") or as a hybrid form (e.g. live stream of a physically taking place event; "hybrid events").
(2) These GTC shall apply exclusively. Deviating terms and conditions of the participant shall only become part of the contract if and to the extent that MMK has expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example also in the uncontradicted acceptance of the general terms and conditions of the participant.
(3) Individual agreements made with the participant in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation by MMK shall be decisive for the content of such agreements.
(4) Legally relevant declarations and notifications by the participant in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, remain unaffected.
(5) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
(6) The participant is a consumer insofar as the purpose of the services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
(2) Organizer
Munich Management Colloquium GmbH
Maria-Josepha-Strasse 14
80802 Munich
Phone: +49 (0) 89 2441565 70
info@management-kolloquium.de
www.management-kolloquium.de
(3) Conclusion of contract
(1) All contracts between the participant and MMK must be in writing and signed by both contracting parties in order to be valid. If additions or amendments to the contract are agreed within the framework of the execution of the contract, the written form requirement shall be deemed to have been met if the respective declaration is transmitted in electronic form, by fax or e-mail and confirmed by the other party.
(2) In deviation from the above paragraph 1, a contractual relationship can also be established in accordance with this paragraph 2 with a registration accepted by MMK by the participant via a digital registration mask existing on the event website. MMK has commissioned the service provider Streavent UG (Streavent) to arrange the registration and registration options for the respective event, which were created via the platform, to process the payment transactions with the participants via a licensed payment service provider and to send the registration confirmations to the participants. If the event is subject to a fee, Streavent shall send the invoice in PDF format with the registration confirmation exclusively to the e-mail specified by the participant. The invoice must be paid in accordance with the due date stated therein, in any case before the start of the event. Streavent is not the organizer of the events offered via the event website, is accordingly not responsible for them and is in particular not liable for the cancellation of an event or non-fulfilment of the contract on the part of MMK and, if applicable, the co-organizers or cooperation partners expressly named in the event. By purchasing or registering for an event via the event website, a contract regarding the right to attend the event is created exclusively between the respective participant and the organizer named in the event offer. Sending the completed registration form constitutes an offer by the participant to conclude a contract. MMK shall check whether it wishes to accept this offer. MMK is not obliged to accept it. A contract is concluded when MMK accepts this offer and confirms this to the participant in text form (including e-mail).
(4) Terms of payment
The amounts invoiced by MMK are payable without deduction on the dates stated on the invoices, stating the invoice number.
(5) Photography and filming
Photographs and film recordings (hereinafter referred to as recordings) will be made during the event. MMK will use these for the purposes of documenting the event and promoting other events. For this purpose, the recordings will subsequently be published on MMK websites and in the printed programs of other events. For the aforementioned purposes, MMK also publishes the recordings on social networks such as LinkedIn, X and Facebook. If MMK organizes events together with an event partner or cooperation partner, MMK may pass on the recordings to them or, on request, to speakers and other partners. Beyond this, however, MMK does not pass on the recordings to third parties. This is permitted by Art. 6 para. 1 sentence 1 lit. (f) GDPR because MMK has a legitimate interest in publishing and documenting its events and promoting future events with the recordings of past events. Since participants are attending a public event, MMK assumes that there are no general reasons from the participant's point of view against the production of recordings and the processing of these recordings for the purposes described above. Should this nevertheless be the case, the participant is hereby requested to contact the information counter on site immediately and inform them of the objection. In this case, the participant is also asked - as far as possible - to ensure that he/she is not photographed or to contact the photographer directly.
(6) Exhibition/Sponsoring
The conditions of the trade exhibition/sponsorship accompanying the event are regulated in the event-specific conditions.
(7) Special regulations for face-to-face events
(1) The event location is indicated in the respective event program or on the event website.
(2) Travel and accommodation must be organized/booked by the participant at his/her own expense.
(3) The participant must present a valid ticket or other admission authorization at the admission control without being asked. As the access authorization is personal, the participant may also be asked to show a valid official identification document. If the participant is granted admission, he/she will receive a non-transferable badge (e.g. an event badge), which he/she must carry with him/her during the respective event, in particular in order to be admitted again after leaving the event rooms.
(4) MMK reserves the right to refuse admission to participants if they violate the house rules or appear aggressive or abusive or are under the influence of intoxicants. Weapons or dangerous objects may not be brought into the event rooms. MMK exercises domiciliary rights at the events. Their instructions must be followed. The respective house rules of the event venue must be observed during the stay in the event rooms. In the event of breaches of the house rules and unauthorized ambush/guerrilla marketing measures, the participant may be excluded from further participation in the event and asked to leave the event rooms. Further claims of MMK against the participant remain unaffected.
(8) Special regulations for digital events
(1) The participant warrants that all data provided by him/her when registering for the digital service is true and complete. The authorization to use the Internet offer is only valid for the participant personally and is not transferable. The access data must be kept safe by the participant and may not be passed on to third parties. The participant is responsible for maintaining the confidentiality of his/her access data and is liable for any damage for which he/she is responsible in the event of misuse. MMK reserves the right to temporarily or permanently block access to the digital service in the event of breaches of these GTC (in particular due to false information during or after registration and/or unauthorized forwarding or disclosure of the access data) or hacking (in particular of the password) and/or to permanently withdraw the participant's access with immediate effect or with a period of notice at its own discretion and/or to terminate the contract for the use of the digital service extraordinarily and without notice.
(2) MMK is free to design the content and is entitled to change, restrict, expand or completely discontinue the digital offering at any time. MMK shall be free to provide its services through third parties at its own discretion.
(3) The digital offering is based in part on content from co-organizers, cooperation partners, sponsors and exhibitors of MMK; among other things, MMK may use external speakers and presenters for the recordings and live broadcasts. MMK assumes no liability - neither expressly nor implicitly - for the accuracy, completeness, reliability and up-to-dateness of the content of the website, nor for the usefulness of the content for the participant.
(4) The digital offer is not directed at persons in countries that prohibit the provision or retrieval of the content posted therein. Each participant is responsible for informing themselves about any restrictions before accessing these websites and for complying with them.
(5) The subscriber acknowledges that a 1001TP3 availability of the digital offer cannot be realized technically. However, MMK shall endeavor to keep the digital service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events beyond MMK's control may lead to short-term disruptions or temporary suspension of the internet service. The Internet service is processed using standard market software. The software requirements specified at the time of registration are decisive. MMK has no influence on the availability and error-free technical requirements of this software.
(9) Special regulations for hybrid events
The special regulations for face-to-face events (Section 7) and for digital events (Section 8) apply accordingly to hybrid events.
(10) Speakers; copyrights
(1) Speakers may be replaced by others with comparable subject-related qualifications for special unforeseeable reasons. There is no legal entitlement to a specific speaker. In the aforementioned cases, there is no entitlement to cancellation or reimbursement of costs.
(2) Presentations at the event will generally be held in German or English. The corresponding event documentation follows this rule. There is no entitlement to interpreting/translation.
(3) The event-related content, in particular presentations and documentation, is protected by copyright. The use of the content is only permitted for the participant's own purposes. Passing on the content of the website to third parties is prohibited, regardless of the purpose and type of passing on.
(4) Any use or exploitation of the copyrighted content beyond the respective contractual purpose, regardless of the type, in particular by reproduction, distribution, exhibition, reproduction in non-physical form (right of public reproduction, i.e. lecture, performance and presentation, making available to the public, broadcasting, reproduction by means of image or sound carriers, reproduction of radio broadcasts and making available to the public) as well as recording, digitization, storage - in whatever form and on whatever carrier medium and in whatever technical form - is not permitted.
(5) MMK accepts no responsibility or liability for any inaccuracies in the content of the presentations and documentation.
(11) Cancellation; force majeure
(1) In accordance with § 312 g Para. 2 No. 9 BGB and as an exception to § 312 g Para. 1 BGB in conjunction with § 355 BGB, there is no right of withdrawal for consumers for MMK events. § Section 355 BGB, there is no right of withdrawal for consumers, as MMK events are contracts for the provision of services in connection with leisure activities and these contracts provide for a specific date or period for their provision.
(2) A fee of € 250.00 for tickets will be retained in the event of cancellation before the registration deadline. The registration deadline is 00:00, three days before the start of the event. Specific information on the respective cancellation conditions will be provided for each event in the program booklet and on the MMK website. The participant is at liberty to prove that no or significantly lower damages have been incurred or that the costs are lower than the flat-rate compensation demanded.
(3) Cancellations must be made in writing.
(4) MMK reserves the right to relocate the entire event or individual parts thereof in terms of location, place and/or time, and to change the duration, content and format (e.g. from a face-to-face event to a digital event, etc.).
(5) If the event is postponed, your tickets will remain valid for the new date in any case. If the new date is not suitable for the participant, participation can be transferred to colleagues free of charge.
(6) Force majeure such as war, civil war, terrorism, unrest, riots, embargoes, natural disasters, fire, epidemics, pandemics, legislative activities, court decisions or official measures, or other unforeseeable circumstances for which MMK is not responsible such as, for example labor disputes, strikes or lawful lockouts, operational or transport disruptions, difficulties in procuring raw materials, which prevent MMK from fulfilling its contractual obligations, shall extend or postpone agreed delivery periods or delivery dates by the duration of the hindrance plus a reasonable start-up period. This shall also apply if these events occur at a time when MMK is in default. Notwithstanding the above, MMK reserves the right to terminate the contract free of charge and to reclaim services already rendered instead of making an adjustment.
(7) Against the background of the experience of the effects of the coronavirus (SARS-CoV-2/Covid-19) and the resulting far-reaching government and other measures to restrict the national economy and public life, the force majeure provisions under paragraph (6) above shall apply accordingly, regardless of the case of force majeure, if (a) a force majeure event continues, the parties conclude a contract in the meantime and have the expectation that the event will end or that there will be a significant improvement, but the event continues contrary to the expectation or there is no significant improvement; or (b) a force majeure event ended before the contract was entered into but recurs after it was entered into (e.g. if a pandemic ore.g. if a pandemic or epidemic occurs again).
(12) Liability of MMK
MMK shall only be liable (i) for damages caused by it intentionally or through gross negligence, (ii) for the culpable breach of essential contractual obligations by MMK, i.e. such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the participant relies and may rely (cardinal obligations), (iii) for damages caused by it as a result of fraudulent misrepresentation, (iv) for damages resulting from culpable injury to life, body or health, which are based on a negligent breach of duty by MMK. Any further liability on the part of MMK is excluded.
(13) Liability of the participant
(1) The participant shall be liable for all damages for which he, his vicarious agents, his guests or other third parties within the meaning of § 278 and § 831 BGB are responsible in connection with the event, in accordance with the statutory provisions. The application of § 831 paragraph 1 sentence 2 BGB is excluded.
(2) The participant shall indemnify MMK against all third-party claims asserted in connection with the event, insofar as these are the responsibility of the participant, his vicarious agents or his guests. This indemnification obligation shall also extend to any official fines and administrative offenses (e.g. for disturbing the peace, blocking escape routes, disregarding smoking bans) that may be imposed on MMK in connection with the event.
(14) Subcontractors
(1) The participant shall fulfill its contractual obligations itself. The participant shall only be permitted to engage subcontractors, sub-subcontractors, sub-exhibitors or other third parties ("subcontractors") with the prior written consent of MMK.
(2) If and insofar as MMK has agreed to the involvement of a subcontractor by the participant, the participant shall impose all obligations on the subcontractor that are incumbent on the participant vis-à-vis MMK, insofar as this is necessary for the contractual fulfillment of the participant's contractual obligations. The participant shall ensure that subcontractors comply with all applicable statutory provisions, in particular labor and social security regulations. The participant shall in any case remain responsible and liable for the actions and omissions of the subcontractor in the same way as for its own actions and omissions.
(15) Data protection
Further information on data protection can be found
at https://management-kolloquium.de/datenschutz/
(16) Publication of the list of participants
In order to enable participants to "network" and communicate with other participants during the event, the data they provide (first name, surname, title and company) may be published on the list of participants for the event for which they have registered. The list of participants is not publicly visible, it is only available to other participants of the event in printed form or digitally within the MMK Events app or within the digital event. MMK's legitimate interest in processing this data lies in the purpose described above (Art. 6 para. 1 sentence 1 lit. f) GDPR). Participants have the right to object to this processing by sending a letter to
Munich Management Colloquium GmbH
Maria-Josepha-Str. 14
80802 Munich
or by sending an e-mail to info@management-kolloquium.de. Further information on data protection can be found at https://management-kolloquium.de/datenschutz/
(17) Final provisions
(1) These GTC and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) To the extent permitted by law, Munich is agreed as the place of performance and exclusive - also international - place of jurisdiction.
(3) Agreements that deviate from these GTC must be made in writing. This also applies to amendments to this written form requirement.
(4) Should any part of these GTC be invalid or contestable, this shall not affect the validity of the remaining provisions. In place of the legally invalid part, it shall then be deemed agreed what comes closest to the invalid part and/or what the parties would have agreed if they had been aware of the invalidity. The same shall also apply in the event that the provision should contain a loophole.