General Terms and Conditions of Business and Use (GTC)
Part 1 - General provisions
1. General information
1.1 ExpoTor GmbH (hereinafter referred to as Platform Operator) operates an online platform (hereinafter referred to as "Platform") under the domain www.ExpoTor.com, on which event service providers, profit or non-profit companies, freelancers, exhibitors, trade fair organisers and other (hereinafter referred to as "Seller") can find potential customers and event service providers, profit or non-profit companies, freelancers, exhibitors, trade fair organisers and others (hereinafter referred to as "Buyer") together.
1.2 The present General Terms and Conditions (GTC) apply to all contracts between the platform operator and the providers and for contracts between the platform operator and the customers. These are two separate contracts (cf. Parts 2 and 3 of these GTC).
1.3 General Terms and Conditions of Business which deviate from these General Terms and Conditions of Business shall not be accepted by the Platform Operator - subject to its express consent. This shall also apply even if he does not expressly object to their inclusion.
1.4 The Platform Operator is entitled to amend these GTC for objectively justified reasons (e. g. changes in case law, legal situation, market conditions) and within a reasonable period of time. Existing contractual partners will be notified by e-mail at least two weeks before the change takes effect. If the existing contractual partner does not object within the period of time set out in the change notification, his consent to the change shall be deemed given. Notification of the intended amendment of these General Terms and Conditions will indicate the deadline and the consequences of the objection or its absence.
2. Availability of the platform
The availability of the Platform is 98% on average per year. Excluded from this are necessary regular maintenance work as well as those periods in which availability is restricted due to events for which the platform operator is not responsible (e. g. force majeure, acts of third parties, technical problems or changes in the legal situation).
3. Conclusion of contract exclusively with entrepreneurs
The platform's offers are exclusively aimed at companies, entrepreneurs, freelancers within the meaning of § 14 BGB (German Civil Code). No contracts are concluded with consumers. All ExpoTor prices/commission are exclusive of VAT. The platform operator is entitled to withdraw from an already concluded contract if the entrepreneurial status has not been proven.
4. Full-service offers
The platform operator can offer a so-called full service to providers/customers, within the framework of which the platform operator advertises or searches for offers according to the order of the provider/customer. For this purpose, the provider/customer must submit a corresponding inquiry to the platform operator. The platform operator does not have to accept the offer underlying the request. In the event of acceptance, an order subject to payment is made between the platform operator and the provider/customer. The fee for the full service is agreed individually.
Part 2 - Contract between platform operator and provider
5. Subject matter of the contract and services
5.1 The platform operator operates an online marketplace on the seller/fair organizer or exhibitor's website for the provision of their services. to potential customers (hereinafter referred to as "customers"). To do this, the provider must become a member of the platform by creating a user account. Accordingly, the provider can use the platform functions available within the framework of the subscription he has booked.
5.2 The provider acts independently and is not subject to the instructions of the platform operator in the execution of the services he offers. Unless otherwise agreed or mandatory legal regulations require, the provider is completely free to define his activities and the contents of the contract between him and the customer; this applies in particular to the duration, time and type of services.
5.3 It is pointed out that the platform operator will not at any time become a contractual partner of the contract concluded between the customer and the provider. This contract is concluded exclusively between the supplier and the customer. The platform operator will not participate in resolving conflicts between the supplier and the customer.
6. Conclusion of contract and duration of contract
6.1 Providers can register an account on the platform. For this purpose, they enter the information requested as compulsory data in the online registration form in a complete and truthful manner. The subsequent activation of the account results in an initially free of charge contract of use between the user and the platform operator.
6.2 After registration, the provider can book free or paid packages with an extended scope of services. For this purpose, he must have a corresponding offer in his or her account. The platform operator shall check the offer, but is not obliged to accept the contract offer. The acceptance of the offer is affected by separate notification of the platform operator.
7. Prices, follow-up contracts, and default
7.1 Scope of services, prices and due date are based on the subscription booked in each case. The prices are a monthly flat fee only if the user opted for a paid account. There is no transaction fee because the platform is not involved in the negotiation, payment, delivery, etc.
7.2 In the event of a delay in payment, the Platform Operator shall be entitled to block or delete the account. Deletion is particularly possible in the event of repeated (not necessarily consecutive) default of payment. In the event of a blockage, the contract term will not be extended. The amount owed is subject to an interest in accordance with the statutory provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
8. Contract duration and termination
8.1 Subscriptions shall be for an indefinite period of time and may be terminated by both parties at any time without notice. If a free subscription is canceled, the account of the respective provider will be deleted. It is incumbent upon the provider to secure the data stored on the platform in advance of deletion.
8.2 Subscriptions subject to payment have a duration of 1,3 or 12 months, which begins with the activation of the user account unless otherwise stated. Both contracting parties are entitled to terminate a paid subscription with a notice period of 3 months. If a paid subscription is canceled, the provider will be downgraded to a free subscription. If the paid subscription has not been canceled in time, it is automatically renewed for another 1,3 or 12 months.
8.3 The right to extraordinary termination without notice in the event of violations of these GTC, other contractual conditions or mandatory legal regulations remains unaffected by this. The platform operator is entitled to an extraordinary right of termination, in particular in the event of repeated (not necessarily consecutive) default of payment.
9. Obligations of the provider, indemnification and extraordinary termination
9.1 The provider is obliged to keep the information in his account up to date at all times. The provider is also obliged to inform the platform operator about the conclusion of a contract that triggers a transaction fee as well as all facts necessary for the determination of the transaction fee.
9.2 The provider is prohibited from:
- to use the platform to entice away other providers;
- to advertise non-serious offers within the platform
- send spam or carry out other unauthorized advertising; and
- to insult, defame, slander, blackmail or otherwise harass customers, other providers or third parties;
- collect user content and information using automated analysis tools (e. g. bots);
- perform actions that may damage the platform or the platform operator's servers (e. g. uploading files infected with viruses or Trojans);
- to use the platform in any other way for purposes not provided for in these GTC.
9.3 The provider has to design his account and his offers in such a way that the valid right is not infringed by this (e. g. copyrights and trademark rights). Contents and offers that violate applicable law or morality may not be published on the platform. The platform operator is entitled to delete such content without prior notice and/or to terminate the contract without notice and/or to block or delete the provider's account without notice. The relevant sanction measure shall be at the discretion of the platform operator, taking into account the nature and seriousness of the infringement.
11.1 The platform's offers are directed exclusively at commercial customers. Natural persons in their capacity as consumers are not entitled to use the platform.
11.2 Customers can search the platform for suitable offers and contact the providers directly or post their inquiries directly.
12. contractual relationship between platform operator and customer
12.1 These GTC apply in full to the relationship between platform operator with the exception of "Part 2 - Contract between platform operator and provider".
12.2 The platform operator is not involved in any contracts concluded between the provider and the customer. In particular, the platform operator is not responsible for the provision of services under the contract between the provider and the customer and is not liable - subject to mandatory statutory reasons for liability - for damages resulting from the contractual relationship between the provider and the customer. The platform operator does not assume any warranty or guarantee for the faultlessness and quality of the supplier's services. Possible claims for defects are subject to the following provisions. to the provider. The platform operator will not participate in resolving conflicts between the supplier and the customer.
13 Prohibited conduct
13.1 The customer is prohibited from
to contact the providers without having a real or potential interest in the service offered (e. g. to see their prices and other terms and conditions of service); - to contact the providers without having a real or potential interest in the service offered (e. g. to see their prices and other terms and conditions of service); and
to contact the providers, stating a false company/address, name or other false identity providing information;
perform actions that may damage the platform or the platform operator's servers; and
Collect user content and information using automated analysis tools (e. g. bots);
to use the platform in any other way for purposes not provided for in these GTC;
request the provider to close an order placed or requested via the platform outside the platform for the purpose of circumventing the transaction fees; and
not seriously meant offers against the customer. to the suppliers.
13.2 If the customer violates the provisions of para. 1, the platform operator is entitled to exclude him/her from using the platform and to terminate existing contracts without notice.
Part 4 - Liability and Indemnification
14 Liability and Indemnification
14.1 The platform operator does not assume any liability for the content of the offers of the providers or third parties, unless there is a case of mandatory legal or contractual liability (cf. The same applies to malfunctions, delays, errors and/or other obstacles to performance caused by the faulty software or hardware of the supplier or the customer.
14.2 Contrary to the liability exclusions set forth in these Terms and Conditions, the platform operator's liability for the following items (incl. tortious claims) is regulated as follows:
The platform operator is liable without limitation:
in the case of intent or gross negligence;
in the event of intentional or negligent injury to life, limb or health; or
This is due to mandatory legal regulations or in the case of a guarantee.
In the event of a negligent breach of an essential contractual obligation ("cardinal obligation"), the platform operator shall be liable in each case for the amount limited to the foreseeable, contract-typical damage at the time of conclusion of the contract, unless there is a case of unlimited liability according to the preceding paragraph. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner of the platform operator may regularly rely.
Otherwise, the platform operator's liability is excluded.
If claims are asserted against the platform operator on the basis of the behavior of his contractual partner that violates the law or the contract, the contractual partner shall indemnify the platform operator against all claims of third parties. This includes, in particular, the reasonable costs of legal defense (e. g. court and lawyer's fees) in their statutory amount. Sentences 1 and 2 do not apply if the contractual partner is not responsible for the infringement. Irrespective of this, however, the contracting party shall be obliged to inform the platform operator without delay of any third party claims that may be threatened.
Part 5 - Data protection
15. Data protection
Part 6 - Final provisions
16 Final provisions
16.1 The contracts between the platform operator and its contractual partners shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16.2 If the contracting party is a merchant, a legal entity under public law or a special fund under public law, Bochum shall be the place of jurisdiction for all disputes arising from contractual relationships between the platform operator and its contracting party.
Last update: Nov 11th, 2018