The trade fair HIGH END® ON TOUR is organised by HIGH END SOCIETY SERVICE GMBH, represented by the managing director Mr. Stefan Dreischärf, Vorm Eichholz 2g, 42119 Wuppertal-Germany. The HIGH END SERVICE GMBH is legally and economically responsible for the event and entitled to assert all claims resulting therefrom.
The trade fair HIGH END® ON TOUR exclusively exhibits devices and products of high-quality entertainment electronics and all media, institutions and organisations relating thereto.
Eligible for exhibition are the producers of the products to be exhibited and/or the holders of the relevant distribution rights for the Federal Republic of Germany whose production or distribution programme complies with the goods offered at the exhibition. The same criteria apply to suppliers and OEM providers.
The exhibited products must be manufactured in series (small-scale series are sufficient) and must be capable of being bought by the fair trade visitors in Europe. Not admitted are goods that are self-produced for personal use, which as unique specimens cannot be bought.
Products not manufactured or distributed in the Federal Republic of Germany by the exhibitor cannot be presented at the trade fair, nor may any information material, supply source information or price lists for such products be made accessible or handed out.
The products to be exhibited belong to the following product categories:
Audio equipment: loudspeakers, amplifiers, sound sources of all kinds, D/A and A/D converters, record players, tuners, DVD, SACD, Blu-Ray, read-only-memories, tube devices, servers, streaming clients, frequency crossover units, network filters, surround processors and home theatre products as well as all new media and technologies serving high-quality audio playback. Accessories & supply industry: cables, plugs, components, casings, HiFi furniture & equipment, acoustic aids, headphones, specialist magazines, as well as all types of image and sound carriers, including but not limited to CDs, LPs, Blu-Ray, DVDs, SACDs, online portals, original equipment manufacturers (OEM) and thematically relevant software.
Video equipment: beam projectors, flat screens, LDCs, OLED, plasma, projectors and other visual display units and recorders as well as thematically relevant areas such as DVB, DMB, etc.
The product segment "installation" can be considered as a component of HIGH END® ON TOUR insofar as the presentation relates to high-quality entertainment industry and remains in an adequate and high-quality environment.
The invitation to the trade fair or the access to the HIGH END SOCIETY online trade fair planner do not establish any claim for later admission to the exhibition. The exhibitor bindingly registers for the HIGH END® ON TOUR by using the online trade fair planner in its own name. Registrations for third parties are not permitted.
The registration must be made within the registration period, and needs to be fully completed. Registration forms that have not been duly completed will not be processed. Any registration received after the registration closing date can be considered only according to the then still available exhibition spaces/rooms.
The stated costs relate only to the use of the exhibition spaces/rooms during the specified times. All further costs directly or indirectly caused by the exhibitor, including but not limited to overnight stays, meals, parking tickets, hired plants, carrier company, trade fair construction and security service are to be paid directly by the exhibitor. Upon receipt of the registration, the terms and conditions of participation regulated herein, including all explanations and descriptions, are fully acknowledged as being binding.
Sending the registration via the online trade fair planner constitutes a binding offer to book a trade fair stand. After full completion and mailing of the registration form via the online trade fair planner, the exhibitor will first electronically receive a confirmation of receipt of the registration. This confirmation is sent automatically and does not constitute a contractual acceptance of the offer for concluding the letting of a trade fair stand.
After receipt of the binding registration, the organiser will verify whether the exhibitor criteria have been met. The organiser does at its free discretion decide on the admission of exhibitors and their product portfolio. There is no claim for admission. Admission can be denied without statement of any reasons; compensation claims cannot be asserted.
The contract is concluded upon receipt of the written admission confirmation separately sent by the organiser. The organiser reserves the right to send this admission confirmation at the latest six weeks before the trade fair starts. The claims of the exhibitor under this trade fair agreement are not transferrable.
The stand, spaces or rooms are allocated by the organiser subject to the exhibition theme, in consideration of the exhibitor's wishes and according to the available options; special wishes of the exhibitor are considered to the extent possible. The exhibitor does not have a claim for allocation of a concrete space, a concrete stand or exhibition room.
Columns and other built-in components are unavoidable parts of an exhibition and must be accepted if according to the layout they are within the exhibition area of the exhibitor. This neither entitles the exhibitor to request an increase of the size of the stand, nor to claim a financial reduction of the stand costs. The exhibitor reserves the right to reduce the maximum exhibition space of the ordered capacity if the available possibilities do not suffice. This restriction can be made at any time until the completion of the final allocation of stands and space, at the latest however 6 weeks before the trade fair starts.
The admission confirmation applies only to the exhibitor named therein and for the registered product groups and brands (goods). Brands that were not listed are not published and must not be exhibited or offered. Goods that have not been admitted can be removed by the organiser at the expense of the exhibitor. Subsequently registering goods is possible at the latest until 30 workdays before the trade fair starts, provided the other admission criteria have been met.
The organiser is entitled to revoke a granted admission if it was granted on the basis of false assumptions or statements or if the admission requirements are not met at a later point in time. If an exhibitor is excluded from the trade fair due to a culpable violation of the admission requirements in the form of the exhibition of unregistered goods, missing exhibition authorisation due to a lack of manufacturer's capacity or lack of distribution rights for the Federal Republic of Germany, or lack of series production of the exhibited products, then an immediate contract penalty of EUR 2,500.00 falls due and is payable within 8 days of receipt of the corresponding invoice. Participation costs will not be refunded. By forfeiture of the contractual penalty, the assertion of further claims for damages will not be excluded.
For the purpose of performing the contract, the organiser will pass on the exhibitor's data to partner enterprises exclusively for rendering the services required for carrying out the trade fair. This for example includes the trade fair constructor, the operator of the location, security companies, car park operators, and the trade fair carrier company.
The principal exhibitor has to indicate the inclusion of a commercially acting co-exhibitor at the booked exhibition space to the organiser on the online registration form. A claim for admission of a co-exhibitor does not exist. Co-exhibitors can be registered at the latest until four weeks before the trade fair starts.
Co-exhibitors are subject to the same conditions as the principal exhibitor for being admitted. Co-exhibitors will receive an own online account by the organiser. They have the same rights and obligations as the principal exhibitor and can claim the same services such as exhibitor passes, trade fair catalogue entries, advertising, Internet publications. Nonetheless, the principal exhibitor will towards the organiser always remain primarily responsible for and entitled to the exhibition space and orders relating thereto, including the keys for rooms.
For each co-exhibitor, the principal exhibitor will be charged a co-exhibitor fee of EUR 290.00 plus the applicable statutory value added tax as amended from time to time. The principal exhibitor is free to agree on a financial regulation with its co-exhibitors if these are admitted. The debtor for the co-exhibitor fee will always be the principal exhibitor.
If the (principal) exhibitor uses products other than those from his product portfolio for its trade fair exhibition (presentation), this will not result in a co-exhibitor classification to be registered, if these products to not lead to any economic activity on the trade fair stand and if they do not appear in advertising such as brochures, posters, folders, price lists, dealer authorisations and employees of the responsible companies for such product. Otherwise, the manufacturers and/or distributors behind such product have to be registered as "co-exhibitors".
If services are provided to a co-exhibitor, or if services are rendered also only partially, the participation can no longer be terminated. The inclusion of a co-exhibitor without approval of the organiser will entitle the organiser to terminate the contract with the principal exhibitor without notice, and to have the trade fair stand/exhibition room vacated at the expense of the exhibitor.
Invited and confirmed dealer will be able to present their own company but not and product or brand, as far that particular company or brand will not attend at the show. It also not allowed on the rented dealer space to host any other company or to promote others than the dealer shop itself.
After the online registration, the receipt of such registration will first be confirmed. At the end of the registration period, the exhibitor will receive a written confirmation of admission. Additionally, the exhibitor will be informed online about his admission by sending of an e-mail with code numbers for exhibitor passes.
For the room/stand rent to be paid, the exhibitor will at the same time upon admission electronically receive a corresponding invoice by e-mail. The method of payment of the amounts is specified on the invoice. Invoices for other deliveries and services separately ordered are due as from the corresponding invoice date.
Upon default of payment, interest will be charged in the amount of 9 percentage points above the respective base rate. If an exhibitor is in default for more than 14 days, the organiser will without announcement be entitled to terminate the contractual relationship without notice and to otherwise dispose of the rented space, at its own discretion.
After receipt of the registration by the organiser, neither withdrawal from the registration nor any reduction of the stand space rented by the exhibitor will be possible. If the exhibitor does not participate in the trade fair, the entire rent has to be fully paid. Likewise, if the co-exhibitor does not attend, the co-exhibitor fee will have to be fully paid. All costs already arisen upon instigation of the exhibitor are to be fully refunded to the organiser.
The organiser is entitled to exclude any exhibitors who display any products other than those listed in the product range from the exhibition, without notice. The claim for the full rent remains valid. The organiser can at any time request the exhibitor to remove goods which were not part of the admission and which are not compatible with the event aim, or which turn out to be a nuisance or dangerous. If this request is not complied with, the organiser will have the goods removed at the expense of the exhibitor.
Upon occurrence of unforeseeable incidents and compelling reasons for which the organiser is not responsible, the organiser will be entitled to postpone, shorten or extend, temporarily close entirely or partly or cancel the exhibition. In such cases, as also in cases of force majeure, the exhibitors will neither be entitled to withdraw, nor to reduce the stand rent, nor to claim damages. However, the organiser can invoice services ordered by the exhibitor in the amount of the costs incurred. If the organiser is responsible for the cancellation of the trade fair, no rent will be charged.
Upon booking and construction on undeveloped areas, requirements will be specified regarding the design of the trade fair stand, with binding specifications. These specifications are accessible for each exhibitor in the online trade fair planner under "Guidelines", and must be complied with (building height, advertising construction, fire protection).
Advertising panels may be installed only inside the rented stands, spaces or rooms. It is not permitted to place advertising and sales items of any kind outside the rented exhibition rooms/spaces. This also includes corridors, windows, the foyer and all other areas inside and outside of the event location. If any costs arise for the removal of illegitimately installed items, these costs will be invoiced to the exhibitor.
The volume level of presentations during the exhibition must be such that other exhibitors are not disturbed. The maximum volume level of 75 dbA at the stand borders must not be exceeded with closed door of the exhibition room. At "open-space" stands in the open trade fair space, music presentation are principally not permitted.
During the opening hours of the exhibition, one employee of the exhibitor must be present at the stand/exhibition room at all times. The exhibition items must be visibly displayed during the opening hours of the exhibition. Exhibition rooms and trade fair stands must be fully functional and accessible to visitors until the scheduled end of the trade fair. Deconstruction before the scheduled end of the trade fair is not permitted. In the event of a culpable breach of these regulations on presence and functionality of the exhibition rooms and trade fair stands, the organiser will be entitled to claim a contractual penalty of EUR 2,500.00 which shall be payable within 5 working days from receipt of the invoice.
Only such exhibition-related advertising measures are permitted which do not violate any statutory regulations and are not contrary to accepted principles of morality. Any advertising for other companies or other events taking place at the same time is not allowed.
The display and distribution of advertising material or samples outside of the rented stand/room and writing on walls is prohibited. Wrongfully displayed advertising will be removed by the organiser at the expense of the exhibitor. In all cases, the decision of the organiser shall be binding and final. The sale to end consumers is principally prohibited during the exhibition. Exempt from this provision are providers of sound carriers and accessories provided these are no "devices" (definition according to the Low Voltage Directive EN 60065).
The exhibitor warrants that its presentation and the exhibited items neither violate any competition law nor other statutory regulations and do not infringe any proprietary rights of third parties.
The protection and defence of such rights, however, is exclusively incumbent on the injured exhibitor. If any claims are asserted against the organiser due to the presentation and/or the exhibited items of the exhibitor, the exhibitor shall upon first demand of the organiser indemnify the organiser against all and any claims, including any reasonable costs of legal defence.
The public reproduction of copyrighted contents by means of sound carriers or videos as well as life music performances require the approval of GEMA. The exhibitor is personally responsible for proper notification. For more details, see www.GEMA.de
The organiser issues at internet and other ways the name of exhibitors and their brand names. The respective exhibitor is responsible for the correct content of entries and for any damage that might possibly arise therefrom. If due to the content of the entries and the advertising relating thereto any claims are asserted against the organiser as publisher of any brochure or all Internet publications based on alleged legal violations or infringements of proprietary rights, the exhibitor shall upon first demand indemnify the organiser against all claims resulting therefrom, including the reasonable costs of legal defence.
The exhibitor must at its own responsibility take care that the rented trade fair stands and exhibition rooms are cleaned during the trade fair. A corresponding offer is available online, with an order form. During the exhibition and during set-up and dismantling, waste will be disposed of at the expense of the exhibitor.
The exhibitor is not entitled to leave any waste or other materials that need to be disposed of at the stand/room after the end of the trade fair. In any case of doubt this will be documented, and the costs of removal will be invoiced to the exhibitor.
During the exhibition, the exhibitor is subject to the organiser's domestic authority, as well as to the domestic authority of the exhibition location. Any instructions of the authorised agents of the organiser and of the exhibition location have to be followed. Third party stands/rooms must not be accessed outside of the official opening hours of the exhibition without the permission of the respective stand owner.
Dealer presentations, press conferences and other events at the stands/in the rooms outside the official opening hours of the exhibition are not permitted.
Taking photos and drawings for commercial purposes is permitted only with the approval of the organiser. Press photographers with corresponding passes do not require any particular approval of the organiser for press photographs.
The organiser is entitled to have photos, film recordings and drawings made of the exhibition stands and exhibited items, and to use them for own publications. The exhibitor hereby grants its approval for the use of the photos, film recordings and drawings showing the exhibitor or its trade fair stand. The exhibitor undertakes to employ only such persons at its stand who have also declared their approval for the use of photos, film recordings and drawings.
If in this respect staff members assert any claims against the organiser, the exhibitor undertakes to indemnify the organiser upon first demand against all and any such claims, including the reasonable costs of legal defence.
With regard to any damage to and loss of trade fair goods and stand equipment, liability shall be limited to intentional or grossly negligent breach of duty on the part of the organiser, its employees or other vicarious agents. This does not apply to the breach of essential contractual obligations (cardinal obligations) or the injury of life, body or health. This analogously applies to claims according to the Product Liability Act and the Data Protection Act.
In case of disruptions in operation of any kind, or in case of any other incidents impairing the event, the organiser will be liable only if these incidents were provably caused by it or its vicarious agents with intent or gross negligence.
The organiser will be liable for any personal injury or damage to property caused by the exhibition items only if the damage was provably caused by it, its employees or other vicarious agents with intent or gross negligence.
All agreements, individual approvals and special arrangements relating to the exhibition require the written confirmation of the organiser. The statute of limitations commences upon the end of the trade fair. The place of performance and exclusive place of jurisdiction for all mutual obligations of the parties under this contract and for all disputes arising from and in connection with the contract is Wuppertal.
The contractual relationship is exclusively governed by the laws of the Federal Republic of Germany. Regarding the content of the contract, the German text shall be exclusively authoritative. Should individual provisions of these terms and conditions of participation be invalid, this shall not affect the validity of the remaining provisions.
As of August 2016
© HIGH END SOCIETY SERVICE GMBH
Stefan Dreischärf, Stand: January 2017