General Terms and Conditions of WeAreDevelopers Germany GmbH for Sponsorship Contracts

  1. Application & Agreement
    1. The Sponsor will receive an offer from WeAreDevelopers for the provision of services (fair, booth, marketing activities and other services as stated in the offer). The offer is valid until the date of validity stated in the offer. WeAreDevelopers’ offers are not valid unless issued in text form. Unless expressly agreed otherwise in the individual case, side agreements, addenda, and/or amendments to the offer must also be in text form.
    2. The Sponsor acknowledges and agrees that the offer is a binding contract once it is signed by the Sponsor and sent to WeAreDevelopers in text form (email, mail, fax or other channels) or once the Sponsor sends WeAreDevelopers a purchase order with a reference to the offer.
    3. The Sponsorship Agreement consists of and is formed by the signed offer and these General Terms and Conditions.
    4. All contracts concluded by and between Sponsors and us are governed exclusively by these General Terms and Conditions. Any and all standard business terms of Sponsor that conflict with and/or supplement these General Terms and Conditions are expressly rejected.
    5. These General Terms and Conditions apply to all present and future contracts entered into. This also applies if in the case of contracts concluded in the future, we do not expressly advise Sponsor once again that these General Terms and Conditions apply.
    6. In the event of conflict between the documents forming this agreement the following order of priority shall apply: The signed offer, followed by these General Terms and Conditions
    7. WeAreDevelopers may at its discretion accept or refuse the Sponsor’s application for sponsorship
  2. Oral agreements
    1. Our employees are only permitted to enter into oral agreements where these agreements are confirmed by us without undue delay and in text form (condition precedent)
  3. Fees and payment terms
    1. The Sponsor agrees to pay the fees in accordance with the amounts and payment terms set out in the Sponsorship Agreement.
    2. Unless expressly agreed otherwise, the agreed prices are always owed plus value-added tax (VAT) at the statutory rate.
    3. The fee for the Services provided by WeAreDevelopers is due until the date and under the conditions stated in the signed offer. Sponsor is not permitted to offset counterclaims of its own against this fee unless such counterclaims are undisputed or have been established with final, binding legal force.
    4. WeAreDevelopers is entitled to refuse entry to the trade fair until such time as all fees have been remitted in full. Moreover, we are entitled to rescind the contract in the event of default of payment in accordance with the statutory provisions.
    5. WeAreDevelopers will charge an interest of 8% p.a. above the 3-month Euribor on all late payments post due as per the invoice as well as handling fees in case of delayed payment for any amounts payable under the sponsorship agreement that are not paid to WeAreDevelopers by their due date.
    6. In case the Sponsor does not participate in the event under the defined contractual obligations, the Sponsor is required to pay an independent contractual penalty of 20% of the price defined in the sponsorship agreement in view of the non-fulfilled obligation to participate. The duty to pay the agreed fee is kept upright even if the Sponsor does not take advantage of these or does not show up at the event. The assertion of any further damages shall remain unaffected by this.
  4. Booth space; duty to ensure public safety
    1. As a basic principle, booth space is assigned at our freely exercised discretion. Unless expressly agreed otherwise in the individual case, a claim by Sponsor to a specific booth space requires a separate agreement, which must be made in text form, and payment of the special reservation fee.
    2. Within the assigned booth space, the duty to ensure safety vis-à-vis visitors to the fair is incumbent on the sponsor alone. Internally, solely the sponsor is liable to visitors to the fair for any damage and/or losses suffered by the latter as a result of any violation of the duty to ensure public safety within the assigned booth space and/or caused by items the sponsor has brought into the trade fair. Sponsor shall indemnify us and hold us harmless from and against claims by trade fair visitors in this regard.
  5. Right to make and enforce house rules
    1. The right to make and enforce house rules on the trade fair grounds rests exclusively with us.
  6. Code of Conduct
    1. The Sponsor acknowledges and agrees to our Code of Conduct stated on the event website. WeAreDevelopers reserves the right to exclude representatives of the Sponsor who violate the Code of Conduct.
  7. Obligation of participation
    1. By concluding the sponsorship agreement regarding the rental of a booth or booth space, the Sponsor agrees to participate in the trade fair and operate the booth for the entire duration of the fair. In the event that Sponsor has not yet occupied the booth on the final day of set-up, Sponsor shall be liable for a contractual penalty amounting to 50% of the agreed fee. Furthermore, we are in that case permitted to dispose of the booth and/or booth space for other purposes. Any further claims on our part shall remain unaffected.
  8. Assignability
    1. The Sponsor can transfer the right and obligation to maintain a booth at the trade fair to third parties only with our consent. We will not refuse this consent to assignment without objective reasons, but we do reserve the right to charge a transfer fee.
  9. Tickets to the fair
    1. The Sponsor shall receive the category and number of tickets to the fair as designated in the contract. Unless otherwise provided in the contract or in these General Terms and Conditions, the use of all tickets is subject to the General Terms and Conditions for Participants of WeAreDevelopers. The Sponsor is obligated to ensure that the users of the tickets who are designated by the Sponsor acknowledge the application of these General Terms and Conditions for Participants.
  10. Changes to event location, venue, time and layout
    1. WeAreDevelopers reserves the right to change on its sole discretion without liability the location and size of the venue, the dates and timings of the event, the term or duration of the event, the layout of the venue, the event format, the content of the event and any other technical or administrative details of the event.
    2. WeAreDevelopers will use reasonable endeavors to inform the Sponsor of any changes to the Event which have an impact on the Sponsor’s right under the sponsorship agreement.
    3. The Sponsor acknowledges that such changes may be required for the benefit and safety of the Event as a whole. In the event that any material changes are harmful to the Sponsor WeAreDevelopers may at its sole discretion and without obligation apply a pro rata reduction to the fees or part of them to compensate the Sponsor for any material detriment.
  11. Force majeure
    1. WeAreDevelopers shall be relieved of its obligations if the sponsorship agreement or parts of it cannot be performed or the event needs to be rescheduled or terminated due to reasons or failure which result from anything beyond the reasonable control of WeAreDevelopers (e.g. extreme weather, flood, fire, terrorism, war, governmental acts, risk to public health, etc.) or anything that would make a performance of the obligations illegal or impossible. In the event of force majeure, WeAreDevelopers shall be under no obligation to refund all or part of the sums paid by the Sponsor. WeAreDevelopers shall be under no liability to the Sponsor which may result thereof.
  12. Disruptions in performance and limitation of liability; limitation of claims
    1. Unless otherwise agreed below, the Sponsor shall have no claims for damages against us, irrespective of the legal basis therefore, unless these claims are based on
      1. culpable loss of life, bodily injury, or impairment of health,
      2. intent or gross negligence, or
      3. culpable violation of a maintenance obligation incumbent upon us with regard to the trade fair grounds or of another obligation that renders the proper performance of the contract possible in the first place and on the fulfillment of which the Sponsor may therefore rely (cardinal obligation) by us or by any of our legal representatives, employees, or vicarious agents.
    2. In the case of claims for damages in connection with violation of cardinal obligations that are not based on intent or gross negligence on our part or on the part of any of our legal representatives, employees, or vicarious agents, our liability is limited to the foreseeable amount of damage or loss that is typical of the contract.
    3. Strict warranty liability pursuant to Sec. 536a of the German Civil Code [Bürgerliches Gesetzbuch (BGB)] is ruled out.
    4. To the extent that our liability is limited or excluded, these rules shall also apply to personal liability of our legal representatives, our employees and vicarious agents.
    5. If a speaker falls ill after conclusion of the contract or is for other reasons unable to attend and these reasons were not specifically foreseeable at the time when the contract was concluded, we are entitled, at our option, to have the scheduled talk delivered by a different and equivalent speaker or to replace it with an equivalent different talk, which must not change the overall format or scope of the fair (collectively referred to as an “equivalent replacement”).
      If we exercise this right and such an equivalent replacement takes place, claims for refunds and/or damages on the part of the Sponsor are ruled out. In all other respects as well, claims for reimbursement of setup and travel expenses, costs of overnight accommodations, or lost profit are ruled out unless we and/or the speaker has or have caused the illness and/or absence through gross negligence or intent.
    6. Claims concerning damage to items brought onto the trade fair grounds by Sponsor must be asserted in text form according to the grounds for the claim within a limitation period of 14 days after the damage occurs; the Sponsor can submit the calculation of the amount of the damage or loss afterwards, even after this time limit expires.
    7. Any and all claims asserted against us by the Sponsor shall lapse three months after such claims arise, irrespective of the time at which Sponsor becomes aware thereof.
  13. Confidentiality
    1. Neither party shall disclose any information or data of confidential nature of the other party which is disclosed or otherwise comes into its possession as a result of this sponsorship agreement. This clause does not apply if
      1. The information is publicly available otherwise than through the default or negligence of the receiving party; or
      2. The receiving party is required to disclose the information by law or an appropriate regulatory authority.
    2. Each party shall inform the other party immediately upon becoming aware or suspecting that an unauthorized disclosure of confidential information has been made.
    3. Each party must ensure that its employees, subcontractors or any other partners who may have access to confidential information are bound by an non-disclosure clause in the same terms as this claus.
    4. This confidentiality clause remains in force notwithstanding the expiry of the sponsorship agreement.
  14. Applicable law
    1. This Contract is subject to the substantive law of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods (CISG) shall not apply.
    2. The exclusive venue for all disputes arising from legal relationships based on these Terms and Conditions is Berlin. However, we are also entitled, at our discretion, to assert claims against Sponsor in the courts with jurisdiction over Sponsor’s registered office.