General Terms and Conditions (“GTC”) of Münchner Mineralientage Fachmesse GmbH (“MMT”) for the purchase of entrance tickets and catalogues as well as theme books on the Internet
- Area of application
(1) These General Terms and Conditions (“GTC”) apply to all events and trade fairs organised by Münchner Mineralientage Fachmesse GmbH (hereinafter “MMT”).
Münchner Mineralientage Fachmesse GmbH
Tisinstr. 7c, D-82041 Oberhaching, Deutschland
CEO: Christoph Keilmann
Phone: +49(0)89-613 4711
Fax: +49(0)89-613 5400
MMT’s events and trade fairs are in particular those listed below:
- THE MUNICH SHOW („TMS“), MINERALIENTAGE MÜNCHEN
German geo trade fair (“GEOFA”) and international sales exhibition (“BÖRSE”) for minerals, gemstones, jewellery, fossils, geo equipment and accessories .
- GEMWORLD MUNICH/GEMWORLD Connect
International sales exhibition for jewellery, gemstones, watches and accessories.
- AEON watches & fine jewelry
International sales exhibition for jewellery and watches as a “fair plus one” and “B2B2C” concept as a pop-up event in Munich city centre and professional trade fair.
(2) For the business relations between MMT and the purchaser of entrance tickets, catalogues and theme books (hereinafter referred to as “customer”), the following GTC apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognised unless MMT expressly agrees to their validity in writing. Counter-confirmations of the customer with reference to his own terms and conditions of business or purchase are therefore hereby expressly contradicted. The GTC apply regardless of whether the customer is a consumer, entrepreneur or merchant.
(3) MMT reserves the right to make changes and additions to these GTC. Possible changes and additions become valid through publication on the respective event page www.munichshow.de, www.gemworldmunich.com as well as www.aeon-show.com.
- Conclusion of contract
(1) The customer places the desired products ( entrance tickets, catalogues, theme books) in the shopping basket and enters a valid discount code if applicable. The button “order overview” then appears.
(2) In a further step, the customer’s contact details are recorded. These must be filled in truthfully. When ordering multiple tickets, the name of each individual customer must be provided and will appear on the ticket after completion of the purchase.
(3) These GTC are displayed or brought to the attention of the customer when the order is placed. By clicking on a corresponding box, the customer agrees on the one hand to the validity of these GTC and on the other hand to the data protection provisions of MMT. The GTC and the data protection regulations open by clicking in a new browser window and can be printed out or electronically saved via the browser’s print function.
(4) In the next step, the customer selects the desired method of payment, which displays the total price of the products including any surcharge fees.
(5) The customer bears the risk for the correct entry and specification of information in the order process, in particular with regard to the selection of the event, location and date. The customer will be shown a confirmation window before pressing the “Pay” button and thus given the opportunity to check the data entry and correct it if necessary.
(6) The complete contract text is not stored by MMT. Before sending the order, the contract data can be printed out or electronically saved via the browser’s print function.
(7) By sending his order, i.e. by pressing the “Pay” button, the customer makes a binding offer in accordance with § 145 BGB to purchase the products in the shopping basket.
(8) The contract is concluded by MMT sending an order confirmation (contract acceptance). The order confirmation is sent to the customer by e-mail. In it the order of the customer is listed again. If the customer has chosen the payment method “credit card, direct debit/immediate bank transfer or Paypal”, the personalised ticket(s) will be attached to the order confirmation as a PDF document. If the payment method “cash in advance” is selected, the order confirmation will contain the corresponding transfer information. The entrance ticket(s) will be sent to the customer by separate e-mail after receipt of payment in the case of the payment method “cash in advance”.
(9) The language available for the conclusion of the contract is exclusively German.
III. Prices and payment
(1) The prices of entrance tickets, catalogues and theme books for the events can be found on the respective website, available at www.munichshow.de, www.gemworldmunich.com and www.aeon-show.com.
(2) The prices stated on the website at the time of the order are decisive .
(3) Payment shall be made via the respective methods indicated on the website. All prices are due for payment immediately after conclusion of the contract.
(4) The customer shall pay the amount stated in his order by credit card (VISA, MasterCard, American Express), direct debit (only possible if the account is in Germany), internet-based means of payment (PayPal) or by cash in advance. A service fee of 2.75% will be charged for payments by credit card.
(5) Should a payment be charged back (e.g. due to insufficient funds in the account specified when the order was placed), the customer shall compensate any damage or expenses arising from the charge back.
(6) In case of a chargeback MMT is entitled to withdraw from the contract immediately. The customer thereby loses his right to participate in the booked event. Further claims of MMT against the customers are not affected by this.
- Contract fulfilment by MMT
(1) Depending on the method of payment, the customer will receive an admission ticket from MMT for download or by e-mail, which the customer can print out and thus gain access to the trade fair event. Purchased entrance tickets will not be taken back as a matter of principle.
(2) If the customer has purchased a catalogue or a theme book in the online shop, this/these will be sent or made available for collection at the trade fair, as requested. If the customer collects the catalogue himself, MMT will provide a catalogue voucher for downloading or send it to the customer by e-mail after completion of the payment process on the Internet or after receipt of the money on the MMT account.
- Special regulations for events on the occasion of Covid-19
(1) MMT is entitled to require the customer to implement or comply with appropriate measures (e.g. wearing an FFP-2 mask) in accordance with the official directives or statutory regulations in force at the time of the event.
(2) MMT is entitled to register the customers who enter the event area in accordance with the official orders or legal regulations applicable at the time of the event in order to enable contact tracing in the event of a subsequently identified COVID-19 case among event participants. For this purpose, MMT is in particular permitted to personalise the admission tickets to the events.
(3) Excluded from attending the event are
- Persons with contact to COVID-19 cases within the last 14 days
- Persons with acute, non-specific general symptoms and respiratory symptoms of any severity
- Persons in quarantine.
(4) MMT is entitled to allow a customer to attend the event only if the customer presents appropriate proof of a negative result of a COVID-19 test, a complete vaccination against COVID-19 or the existence of a previous infection with the SARS-COV-2 coronavirus in accordance with the official orders or statutory regulations in force at the time of the event.
(5) Customers who are excluded from attending the event for the reasons given remain obliged to pay for the tickets and are therefore not entitled to a refund of the price paid. Further claims are excluded.
(6) In order to ensure compliance with statutory and officially prescribed protective and hygiene measures, MMT is entitled to restrict the number of persons in the entire event area or in parts thereof. MMT may therefore temporarily deny customers access to the entire event area or parts thereof. If a customer who enters the exhibition grounds on an event day in order to attend the event is not allowed to visit at least part of an event area on that day due to the aforementioned restrictions, the customer may demand reimbursement of the pro rata price in the case of an entrance ticket for several days and reimbursement of the entire fee for the entrance ticket in the case of an entrance ticket for one day, whereby the customer then loses his right to attend the event on another day with his one-day entrance ticket. No restriction within the meaning of this section is the restriction of areas that are only accessible to legitimate trade visitors. A right to a (pro rata) refund of the entrance ticket due to a restriction of areas that are only accessible to legitimate trade visitors is excluded. Further claims are also excluded.
- Right of withdrawal
(1) No right of revocation for the purchase of entrance tickets.
Insofar as MMT sells entrance tickets, there is no right of revocation in accordance with § 312g para. 2 no. 9 BGB.
(2) Right of revocation for combined purchase of goods and admission tickets.
When purchasing catalogues and theme books together with admission tickets under a uniform contract (so-called bundles), the right of revocation can only be exercised uniformly. In this case, the customer has a right of cancellation for the entire contract. However, the right of cancellation can no longer be exercised from the start of the event. The event begins on the day of the event at 0.00 a.m.
(3) Right of revocation for the purchase of goods.
When purchasing catalogues and/or theme books without tickets, the customer has the right to revoke the purchase contract with MMT within 14 days.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). The revocation is to be sent to:
Münchner Mineralientage Fachmesse GmbH
Postfach 1361, 82034 Oberhaching
Fax: +49(0)89-613 5400
You can use a withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation:
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
END OF THE CANCELLATION POLICY
VII. Entrance tickets
(1) With the purchase of an entrance ticket, the customer receives the right to attend the event designated on the entrance ticket. The entrance ticket must be brought to the event as a paper document in printed form. The entrance ticket on a mobile phone or mobile device does not grant the right of admission to the event. It must be ensured that the printed ticket is legible upon admission. The illegibility of information on the entrance ticket that is important for admission control can lead to the invalidity of the entrance ticket and thus to the loss of the right of admission.
(2) The entrance ticket is personalised as part of the ordering process. MMT does not intend to grant admission to the respective event to every ticket holder, but only to those ticket holders who have purchased the entrance ticket from MMT or within the framework of a permissible transfer in accordance with Clause X.
(3) Personalised entrance tickets are subject to compulsory identification at the entrance. Admission is only granted to the person named on the entrance ticket, provided that he/she can identify him/herself at the entrance by means of a valid personal document or a valid driving licence. The customer is obliged to provide truthful information when ordering, in particular also with regard to the given name and family name.
(4) When purchasing multiple tickets, each ticket must be personalised for the respective customer. The corresponding details are requested during the ordering process.
(5) MMT is not obliged to check identity at the entrance. MMT is also released from its obligation to perform vis-à-vis the customer if it grants access to the event to another person presenting the personalised entrance ticket.
VIII. Blocking of tickets
(1) MMT reserves the right to block the entrance ticket in the event of unlawful registration or legitimation of the customer and/or on the basis of false information. The right to attend the event expires as a result.
(2) If entrance tickets are reported to MMT as stolen, they can be blocked with the consequence. In this case, MMT can issue a replacement ticket to the customer.
(3) Entrance tickets that have been purchased in violation of sections IX. (permissible passing on) or for which there are justified indications that they are to be used in such a way, can be blocked by MMT after taking into account the interests of the customer with the consequence that the right to be admitted to the event expires. There will be no refund of the purchase price or fees. MMT is allowed to prove a higher damage, the customer is allowed to prove a lower damage.
- No use of tickets for commercial or industrial purposes; unauthorised distribution
(1) Tickets are sold exclusively for private, non-commercial use. Any commercial resale of entrance tickets is prohibited. The commercial sale of entrance tickets is reserved solely for MMT. In particular, it is not permitted to (a) publicly offer entrance tickets for sale in the context of an auction (e.g. on Ebay) or to sell them, (b) to offer tickets for sale or to sell them on platforms for the sale of tickets (in particular, but not exclusively Viagogo, StubHub, Ticketbande), (c) to offer tickets for sale or to pass them on at a price higher than the price paid, (d) sell or pass on tickets to commercial resellers and/or ticket dealers, (e) use or allow to be used tickets commercially or commercially, e.g. for raffle purposes, without MMT’s prior written consent. e.g. for raffle purposes, for the purpose of advertising, marketing or as a promotional gift.
(2) MMT reserves the right to block the account of the customer who violates section IX (1) on the website or the tickets according to section VIII and/or not to accept further orders. This also applies in cases where there is reasonable suspicion that the customer has used or will use automated programs to place orders. A violation of the provisions of the previous paragraph shall result in the loss of the admission authorisation without compensation, i.e. the entrance ticket shall lose its validity in this case.
(3) The right to assert claims for damages due to violations of the above provisions is reserved.
- Permissible disclosure
(1) A private transfer of an entrance ticket for non-commercial reasons, in particular in individual cases in the event of illness or other prevention of the customer, is permissible in accordance with para. 2, insofar as there is no case of impermissible transfer within the meaning of item IX.
(2) In this case, the customer may only transfer the rights and obligations arising from the Visitor Contract to a third party by the third party entering into the Visitor Contract in his place and assuming all rights and obligations. The preconditions for a permissible transfer within the meaning of para. 1 are: (a) the transfer is a case of permissible transfer as described above in this section X. para. 1, (b) the customer expressly informs the new ticket holder of the validity and content of these GTC and the new ticket holder agrees to the validity of these GTC between him and MMT, (c) the customer must notify a private transfer of the ticket in text form by e-mail to email@example.com at least 72 hours before the start of the event (0.00 a.m.of the respective first day of the event). (d) MMT will then issue the new holder with an appropriately adapted entrance ticket.
(1) MMT, its legal representatives or vicarious agents are liable without limitation in accordance with the statutory provisions (a) for damages arising from injury to life, body or health, (b) in the event of intent or gross negligence, as well as (c) in accordance with the Product Liability Act.
(2) MMT, its legal representatives or vicarious agents are only liable for slight negligence in the case of an “essential” obligation from the underlying contractual relationship. “Essential” are such obligations which are necessary for the fulfilment of the contract for the sale of tickets, catalogues and theme books and the realisation of own events, the breach of which would jeopardise the achievement of the purpose of the contract and on the observance of which the customer may therefore regularly rely. In these cases, liability is limited to typical and foreseeable damages.
(3) Liability for damages incurred during the journey to and from the event locations, as well as for losses and accidents, is – as far as legally permissible – excluded.
MMT is liable for material defects or defects of title of delivered articles according to the applicable legal regulations, in particular according to § 434 ff. BGB.
XIII. Cancellation, termination, postponement of the event or change of venue
(1) If MMT is prevented from fulfilling a contractual obligation through no fault of its own (e.g. due to incorrect or untimely delivery to MMT by upstream suppliers, force majeure, industrial action, official requirements, natural disasters, pandemic or epidemic), MMT is released from its obligation to perform for the duration of the effects. MMT will inform the customer about any restriction.
MMT will inform the customer immediately of any restriction or impediment to performance, stating the obligations which MMT is prevented from fulfilling. MMT reserves the right to withdraw from the contract if the fulfilment of the contract cannot be guaranteed with reasonable effort for the unforeseeable reasons mentioned, e.g. if the purpose pursued with the event can no longer be achieved or the realisation becomes unreasonable for economic reasons.
(2) In the event that changes to legal regulations and official orders or instructions and restrictions for trade fair events are ordered at short notice due to a pandemic and MMT is forced to cancel, terminate, postpone or relocate the event, the same conditions apply as in the event of cancellation of the event due to the aforementioned circumstances of force majeure.
(3) If MMT is forced to postpone or shorten the event due to force majeure or other circumstances for which it is not responsible, in particular the non-fulfilment of essential contractual obligations by contractual partners of MMT, the contractual relationship between MMT and the customer is deemed to be concluded for the adjusted date and period.
(4) In the event of cancellation or termination, MMT will make up the event as far and as soon as possible and reasonable. If the event is postponed or – in the event of cancellation or termination – made up for, the tickets for the event retain their validity.
XIV. Image and sound recordings
(1) The customer is not permitted to make film, photo, video or sound recordings of the event, the event results as a whole or in parts, in particular of exhibitors or their booths, for commercial purposes.
(2) All rights to sound and image (sound) recordings of the event for the purpose of commercial exploitation are the exclusive property of MMT. No one may record, broadcast and/or make publicly available corresponding recordings for commercial purposes without the prior written consent of MMT. This includes in particular the distribution of such recordings directly via the internet.
(3) MMT is entitled to use photos, drawings, films and videos taken at the event for advertising or PR purposes. This also applies to images of customers or other persons taken in this context.
- Admission to and participation in events
When attending an event, the rules and regulations of MMT must be observed. Rules of conduct also result in particular from the house rules of the respective venue, notices there, instructions from service personnel or announcements. A violation of the rules of conduct or unacceptable behaviour that is very likely to cause disruptions in the course of the event, damage to the venue, safety devices or technology, or cause a significant nuisance or infringement of the rights of others, entitles MMT to expel the customer from the venue. The same applies to the refusal of admission.
XVI. Final provisions
(1) Place of performance and jurisdiction
The place of jurisdiction for all legal disputes arising from the contract is Munich (city), if the contracting parties are merchants, legal entities under public law or special funds under public law or at least one of the contracting parties has no general place of jurisdiction in the Federal Republic of Germany, or after conclusion of the contract moves its domicile or usual place of residence out of the Federal Republic of Germany or its domicile or personal place of residence is not known at the time the action is brought. MMT is also entitled to take legal action at the customer’s general place of jurisdiction. The place of performance for all obligations arising from this contract is Munich.
(2) Applicable law
The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the CISG/UN Convention on Contracts for the International Sale of Goods and the conflict of laws. If a customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
(3) Dispute resolution
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: www.ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(4) Invalidity of provisions
Should one or more provisions of this contract be or become invalid in whole or in part, the rest of the contract shall remain valid. Invalid provisions shall be replaced by provisions which come as close as possible to the purpose intended by the parties.
(5) Written form clause
All agreements between the parties must be in writing in order to be effective; this also applies to the waiver of this written form requirement.
(6) Contractual language
The contractual language is German. If translations are made of this contract, they are for information purposes only, without guarantee of correctness; the content of the contract is determined exclusively by the German version.
Status: January 2021
Münchner Mineralientage Fachmesse GmbH