Terms and conditions for event participants of the Data Festival GmbH
§ 1 Scope of application
The terms and conditions of the Data Festival GmbH, Vogelhartstr. 1, 80807 Munich apply to all services within the scope of conferences, symposia, workshops, seminars, event series and other related training offers (further referred to as “events”) which the Data Festival GmbH provides for participants (further referred to as “participants”) at such events. This shall also apply if the Data Festival GmbH does not act as a sole organiser in individual cases.
These Terms and Conditions may be changed, but any changes will be disclosed to the participants in written form or in writing. Changes shall be deemed approved if the participant fails to object in writing. The objection must be received by the Data Festival GmbH within two weeks after disclosure.
§ 2 Registration and conclusion of contract
2.1 All offers from the Data Festival GmbH for participation in events are subject to change and non-binding. Registration for events as participant can only be made via the Internet, in writing or by e-mail. The acceptance of the participant’s registration by the Data Festival GmbH shall only be binding if a confirmation of the registration is provided by the Data Festival GmbH at least in text form. The confirmation is usually sent by e-mail. The Data Festival GmbH decides on the acceptance of registrations from participants. There is no entitlement to participation.
2.2 Data Festival GmbH reserves the right to make changes in the topic structure and in the selection of speakers, as well as to cancel or change the minimum and maximum number of participants stated in the announcements for the events in individual cases. In exceptional cases, the events offered in the seminar programme may be postponed or cancelled even after confirmation of participation, due to insufficient numbers of participants, short-term absence of the speaker (e.g. illness) or force majeure. The event can be cancelled due to insufficient numbers of participants at least one week before the event takes place. In the event of cancellation, the Data Festival GmbH will refund already paid seminar fees. In the event of a postponement, the participant has the right to withdraw from the concluded contract within three business days after the announcement without giving reasons; otherwise the event is considered to be booked with the new date.
2.3 In the event of cancellation or postponement of an event caused by the Data Festival GmbH, the participant shall not be entitled to compensation for travel and accommodation costs, loss of earnings and other damages, unless the damage is due to grossly negligent or intentionally behaviour on the part of the Data Festival GmbH.
§ 3 Prices
The participation fee is per person and event date, plus statutory value-added tax. It includes participation in the lectures, event documentation, lunch, drinks during coffee breaks and, if applicable, participation in an evening event. The participant will be informed of any changes on the respective event website before the start of the booking. Deviations from the standard price, e.g. early-bird offers or other discounts are customary and can be found in the respective offer or inquired about. Participation in an event day on an hourly basis only does not entitle the participant to a reduction of the event day price.
§ 4 Arrival and accommodation
The participant is usually responsible for his own travel and accommodation.
§ 5 Terms of payment
The event fees are due without deduction latest 14 days before the event begins.
Objections to invoices can only be considered if they are made in writing and forwarded to the Data Festival GmbH within 14 days of the invoice being issued.
If payment does not occur in due time, the purchaser undertakes to pay default interests at the rate provided by law from the due date, by at least 6% p.a. The first reminder after default of payment is free of charge. An additional fee of € 5.00 will be charged for any additional warning.
§ 6 Substitute participants
Upon receiving the confirmation of registration, the participant can name a substitute participant free of charge until the start of the event. This will not be charged.
§ 7 Termination by the participant
Cancellations of registrations can be made in writing, by fax or by e-mail and are free of charge up to four weeks before the event begins. Cancellations received up to one week prior to the event will be charged a cancellation fee of 50% of the event fee. In case of later cancellation or no-show, the full participation fee is due. However, a substitute for a registered participant is possible in accordance with § 6 of these General Terms and Conditions.
§ 8 Termination by the Data Festival GmbH
8.1 The Data Festival GmbH is entitled to terminate the contract extraordinarily and without notice if the participant has fallen behind with the payment of the participation fee and the payment is not made even after the expiry of a grace period granted to the participant. The right to extraordinary termination for any other reasons remains unaffected.
8.2 The Data Festival GmbH is entitled to terminate the contract due to a foreseeable low participation rate up to 7 days before the start of the contract. A foreseeable low level of participation is deemed to exist if the minimum number of participants specified by Data Festival GmbH for the respective event in advance and to be communicated to the participant upon request. Any payments made at this time will be refunded to the participant. In all other respects, the provisions of section 2.3 of these Terms and Conditions shall also apply in this case.
§ 9 Image and sound recordings
The Data Festival GmbH reserves the right to film and photograph lectures, participants and exhibition stands. All rights to this material belong to the Data Festival GmbH. By booking the event, the participant agrees to the publication of the recordings, but may object to publication at any time. Participants are not entitled to make audio, film or video recordings of the event or of participants.
§ 10 Warranty and liability
10.1 All events are prepared and carried out with the greatest possible care. However, a success in further training is not owed.
10.2 The Data Festival GmbH shall not be liable for damages caused by third parties (e.g. exhibitors, participants, employees of the event center) unless the Data Festival GmbH can be accused of deliberate or grossly negligent selection fault.
10.3 The Data Festival GmbH shall be liable in the event of injury to life, body and health as well as for damages resulting from the negligent or intentional breach of a cardinal obligation by the Data Festival GmbH or its legal representatives or vicarious agents in accordance with the statutory provisions. Cardinal obligations are obligations whose fulfilment is essential for the proper execution of the concluded contract and on whose compliance the participant may regularly rely.
10.4 The Data Festival GmbH shall be liable for damages not covered by the above paragraphs 2 and 3 if they are based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Data Festival GmbH. However, liability is limited to typical, foreseeable damage.
§ 11 Copyrights
The Data Festival GmbH grants the participant a non-exclusive and non-transferable right of use for personal use of event documents that are handed over to a participant in physical or electronic form in the course of an event. The Data Festival GmbH reserves all rights, in particular those of reprinting and duplicating the event documentation or parts thereof and making it publicly accessible.
§ 12 Data protection
The Data Festival GmbH processes personal data in accordance with the provisions of the EU Basic Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG) exclusively for the fulfilment of contractual obligations (Art. 6 Para. 1 b DSGVO), based on the consent of the participant (Art. 6 Para. 1 a DSGVO), based on legal requirements (Art. 6 Para. 1 c DSGVO) or to safeguard legitimate interests (Art. 6 Para. 1 f DSGVO). The Data Festival GmbH is entitled to store and process personal data entrusted to it by the participant within the scope of the purpose of the contractual relationship and to transfer the data to third parties to the extent necessary for the performance of the contract. The participant agrees that the data may be used by the co-organisers BARC GmbH and Alexander Thamm GmbH for marketing purposes. In addition, the participant declares his or her consent to the data being passed on to other co-organisers, sponsors, partners and exhibitors involved and to these contacting the participant. Furthermore, the contact data
§ Article 13 Final provisions
13.1 Should any provision of these terms and conditions be or become invalid, the validity of all other provisions of these provisions are not affected.
The ineffective or invalid provision shall be replaced by an effective provision that comes as close as possible to the meaning and purpose of the original provision.
13.2 Amendments must be made in writing to be effective. This also applies to the cancellation of the written form requirement. Should one or more provisions of these clauses or of the contract be or become invalid, the remaining provisions shall continue to be valid.
13.3 The contract shall be governed exclusively by German law. Munich is agreed upon as place of jurisdiction – as far as permissible.