The following terms (hereinafter referred to as the “Terms”) apply to contracts regarding the participation in the conference “ARENA” (hereinafter referred to as the “Conference”) between Design Hotels AG (hereinafter referred to as the “Design Hotels”) and the participant of the conference (hereinafter referred to as the “Attendee”). Counter-confirmations by Attendee quoting its own terms of business or terms of purchasing are hereby rejected. Terms deviating from these Terms shall only be valid if they have been confirmed in writing by DESIGN HOTELS.
Attendee submits a binding offer by signing up for the Conference in the online registration. The contract will be concluded when Attendee registers online.
Attendee may sign up to the Conference via DESIGN HOTELS’s Conference website or by letter, fax, e-mail or telephone.
Attendee’s right to participate in the Conference is personal and not transferable to any third party.
As consideration for obtaining the possibility to participate in the Conference, Attendee shall pay to DESIGN HOTELS a contribution for food and beverage (hereinafter referred to as the “F&B Fee”). The F&B Fee shall be due for payment after the Conference has taken place. Attendee shall pay the amount specified in its order upon receipt of an invoice.
DESIGN HOTELS shall grant a full refund of the F&B Fee if the Attendee notifies DESIGN HOTEL in writing one (1) month before the beginning Conference or before that Attendee cancels his or her participation in the Conference. In all other cases, the F&B Fee is non-refundable, Section VI remains unaffected.
The Conference has been arranged and scheduled in the COVID-19 pandemic climate. This means that there are many potential issues outside of DESIGN HOTELS’s control. DESIGN HOTELS will endeavor to offer Attendees a Conference uninterrupted by the COVID-19 pandemic but cannot be held liable for any issues that may arise as a direct consequence of the COVID-19 pandemic such as implications of lockdown, sickness of any presenters or DESIGN HOTELS’s employees/volunteers and any restrictions that might now or in the future be introduced by the state and federal governments.
Excluded from participating in the Conference are
- individuals with contact to COVID-19 cases within the last 14 days
- individuals with acute, non-specific general symptoms and respiratory symptoms of any severity
- individuals under quarantine.
DESIGN HOTELS is entitled to permit Attendee to attend the conference only if Attendee submits appropriate proof according to official directives or statutory regulations in force at the time of the Conference such as proof of a negative result of a COVID-19 test, a complete vaccination against COVID-19 and/or the existence of a previous infection with the coronavirus SARS-CoV-2. Attendee is herewith specifically notified, that stricter rules may apply at the time of the Conference.
Attendees who are excluded from attending the Conference for the reasons given above remain obliged to pay the F&B Fee and are therefore not entitled to a refund of the fee paid. Further claims are excluded.
In order to ensure compliance with the protective and hygiene measures prescribed by law, DESIGN HOTELS is entitled to restrict the number of persons in the entire Conference area or parts thereof. DESIGN HOTELS may therefore temporarily deny customers access to the entire Conference area or parts thereof.
DESIGN HOTELS is entitled to require the Attendee to wear a mouth/nose covering, FFP-2 mask or medical face mask in the entire Conference area in accordance with the official directives or statutory regulations in force at the time of the Conference.
DESIGN HOTELS is entitled to register visitors who enter the Conference area in accordance with the official regulations or statutory provisions in force at the time of the Conference, in order to enable the identification of contacts in the event of a subsequently identified COVID 19 case among visitors.
DESIGN HOTELS may cancel, postpone or implement the Conference via online-services only in accordance with Section VI. below.
Attendee agrees to abide by all fire, safety, and health regulations of the local, city and state, where the Conference is held. Attendee must comply with all applicable federal, state, local laws and ordinances, as well as DESIGN HOTELS’s policies and procedures as set forth below or as may be provided or explained to Attendee. Attendees in violation of such rules and/or who behave in an unsafe or careless manner while attending the conference may be asked to leave and be barred from returning without refund of the Attendee’s registration fee. DESIGN HOTELS reserves the right to deny entry to the Conference or remove from the Conference any person who is behaving or threatening to behave in a manner in which DESIGN HOTELS, in its sole and absolute discretion, considers to be disruptive of the Conference or to its attendees.
The Conference is carefully prepared and implemented by qualified speakers. DESIGN HOTELS does not assume any liability for the timeliness, accuracy and completeness with regard to the Conference contents, the Conference documents and the usability of the Conference for professional or personal purposes of the Attendee.
If the Conference cannot be held due to an insufficient number of participants, the participants will be informed immediately. Cancellation due to insufficient number of participants will be made no later than two weeks before the event. The F&B Fee will be refunded in such cases.
DESIGN HOTELS shall use its reasonable efforts to implement the Conference in accordance with the event overview as described on the event website. Nevertheless, DESIGN HOTELS reserves the right to make necessary changes to the Conference program while maintaining the overall character of the Conference, in particular to replace announced speakers by others and to change the venue, provided that this is reasonable for the participants and the alternative venue is at least equivalent (e.g. conference rooms of equal or higher quality in the same city or region).
If a hindrance is caused by a non-appearance of a speaker or disruptions at the event location as well as in cases of "force majeure" (these are cases such as war, revolutions, strikes, natural disasters or pandemics that are beyond DESIGN HOTELS’s sphere of influence), DESIGN HOTELS may implement the Conference as a mere online-event or may postpone the event to a reasonable new date, whereby an alternative date for non-seasonal events within the next 12 weeks is generally considered reasonable. If an event cannot be held within a reasonable period of time or if the "force majeure" lasts longer than three months, DESIGN HOTELS may cancel the event. Any fee already paid will not be refunded. A claim for compensation of travel and accommodation costs as well as loss of working hours is excluded unless such costs arise due to grossly negligent or intentional behavior on the part of DESIGN HOTELS. DESIGN HOTELS commits itself to do everything reasonable to contribute to the elimination or limitation of any disruptions in performance that may occur. Refund claims of a participant due to merely temporary disruptions of an event (especially in case of digital events) are excluded.
If Attendee participates online in the Conference, Attendee will receive access data for the Conference upon or following the conclusion of the contract. Attendee shall keep the access data secret and must not disclose it to any third party.
Liability for access manipulation by third parties for the security, integrity or availability of networks, other servers, software and data of third parties as well as for malicious software of third parties is excluded. DESIGN HOTELS’s liability is also excluded if the Conference is not accessible via the Internet due to technical or other problems beyond DESIGN HOTELS’s control (fault of third parties, culpable behaviour of a participant, misuse). Furthermore, DESIGN HOTELS shall not be liable for specific data throughput rates and data traffic capacities or the bandwidths available for the individual servers. The same applies to deficiencies in the access possibilities of third parties for which we are not responsible. DESIGN HOTELS also expressly davises Attendee that data protection for data transmission in open networks such as the Internet cannot be comprehensively guaranteed according to the current state of the art. Attendee is therefore informed that under certain circumstances third parties may be technically able to intervene in the network security without authorisation and to view the communication traffic. Any liability resulting from this is excluded.
Amongst others, the Conference has the character of a networking event that is designed for enabling all participants to make contacts with each other. This requires an exchange of personal data between the participants. DESIGN HOTELS maintains a list of all attendees that will be made available to all other attendees. Attendee therefore agrees that his/her name, his/her professional contact data and further personal data as submitted to DESIGN HOTELS will be shared with all other participants of the Conference.
Moreover, DESIGN HOTELS will document the Conference and make available photos and videos on the conference website and in other corporate media channels. For that purpose, DESIGN HOTELS is going to produce photo and video recordings in the course of the Conference. Attendee agrees that photo and video recordings of his/her person may be taken, and specifically agrees, that such recordings be subsequently published in DESIGN HOTELS and third parties’ media channels.
DESIGN HOTELS shall accept liability for malice and gross negligence. In the event of minor negligence, DESIGN HOTELS shall only be liable for breach of major contract duties, in particular the main obligations under the contract. In the event of minor negligence, DESIGN HOTELS shall accept liability for typically foreseeable damages, but not for consequential damages and subject to a maximum of 10 times the value of the purchase order. DESIGN HOTELS's liability for damages resulting from death, physical injury or health impairment caused by negligent breach of duty by the user or malicious or negligent breach of duty by a legal representative or agent of the user shall be excluded from the above limitations of liability.
The place of jurisdiction for any and all legal disputes arising from the contract shall be Berlin if the parties to the contract are businesspeople, legal entities under public law or public-law special funds or at least one of the parties to the contract does not have its general place of jurisdiction in the Federal Republic of Germany or moves its normal place of residence or normal place of business from the Federal Republic of Germany after the conclusion of the contract or its place of residence or personal whereabouts are not known at the time the lawsuit is filed. DESIGN HOTELS shall also be entitled to file lawsuits at the Attendee's general place of jurisdiction. The place of performance for all duties arising from this contract shall be Berlin.
The laws of the Federal Republic of Germany shall be exclusively applicable; the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The exclusive venue for any dispute arising or in connection with these Terms or with the Conference shall be Berlin, Germany.
If one or more provisions in this contract should be or become invalid in whole or in part, the remainder of the contract shall remain in force. Any invalid provisions shall be replaced by provisions which come as close as possible to the objective intended by the parties.
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