General Terms and Conditions for the Logistics Booking Portal of Landesmesse Stuttgart GmbH

As of: August 2023

1. Scope
   1. These General Terms and Conditions apply to all loading slots that can be booked through the Logistics Access Rights in connection with events of Landesmesse Stuttgart GmbH (LMS) via the URL https://visifair-bookings.messe-stuttgart.de (hereinafter "Booking Portal").
   2. Any conflicting terms and conditions of the booking party, with reference to their own business, purchase, or order conditions, shall not apply unless expressly agreed upon by LMS. These conditions shall not apply even if LMS has not expressly objected to their validity and/or provides services without objection.
2. Definitions
   1. Events
      For the purposes of these conditions, "Events" refer to exhibitions, fairs, and other event formats held on the premises of LMS.
   2. Booking Party
      The company for which an owner or employee makes a booking of a loading slot is referred to as the "Booking Party."
   3. Loading Slots

      A "Loading Slot" is a time-limited access authorization that allows the Booking Party to enter the trade fair premises with a vehicle for the purpose of loading and unloading.

3. Subject Matter of the Contract
   1. The subject matter of the contract is the paid booking of loading slots to enter the trade fair premises for the duration of the slot for the purpose of loading and unloading a vehicle.
   2. The product offering of the Booking Portal is exclusively intended for entrepreneurs (according to § 14 para. 1 BGB). This includes natural or legal persons and legally capable partnerships conducting business as part of their commercial or self-employed professional activity, as well as legal persons under public law and special funds under public law.
   3. The Booking Portal is operated by LMS and is subject to its technical capabilities. There is no entitlement to an error-free and uninterrupted availability of the Booking Portal.
4. Registration
   1. During the initial registration, the Booking Party must provide the general company data required for proper invoicing and authentication verification.
   2. The Booking Party is responsible for selecting a sufficiently secure password and may only provide it to individuals expressly authorized by the Booking Party to access the Booking Portal. Actions carried out using the respective user account are attributed to the Booking Party. The Booking Party is liable for statements made by third parties using their user account.
   3. After entering their data, the Booking Party will receive a confirmation email from LMS at the email address provided during registration. This email will instruct the Booking Party to confirm their email address via an activation link. Once the Booking Party has confirmed their email address, the registration process is complete.
5. Booking of Loading Slots
   1. The offers presented in the Booking Portal are for informational purposes only and are not binding. The availability of loading slots is limited in quantity.
   2. To be able to make loading slot bookings, the Booking Party must first be registered in the Booking Portal and have received the corresponding event code for the respective event.
   3. The presentation of loading slots in the Booking Portal does not constitute a binding offer but merely an invitation to place an order (invitatio ad offerendum). The booking becomes binding when the Booking Party clicks the "Order with Payment Obligation" button in the final step of the ordering process. LMS then has the right to accept the offer within 5 business days.
   4. The contract for the loading slot is only concluded when LMS confirms the booking in the Booking Portal and provides the Booking Party with the access authorization. Generally, the Booking Party will also receive an email with the confirmation and, if applicable, the invoice. LMS is not liable for the access of this purely informational email. The contract is considered accepted solely through the provision of the access authorization in the Booking Portal.
   5. LMS reserves the right to decide at its discretion whether to accept the Booking Party's offer. There is no entitlement to conclude a contract for a specific loading slot desired by the Booking Party.

   6. Booking Parties with no legitimate interest in accessing the trade fair premises will not receive a loading slot.

6. Booking Party's Obligations
   1. To access the Booking Portal, the Booking Party must log in with their login data (email address and password).
   2. The Booking Party is responsible for carefully entering the information provided in the Booking Portal and verifying it for any errors.
7. Booking Data
   1. During the booking process, the Booking Party is obligated to truthfully complete the mandatory fields designated as such for the desired loading slot. These fields include, in particular:
      • Type of vehicle
      • License plate number
      • Driver's mobile phone number
      • Payment data (provided to the payment service provider)
   2. If the Booking Party provides information about other individuals, such as the driver's mobile phone number, the Booking Party assures that:
      1. they have lawfully collected the data and may transmit it to LMS for the purposes mentioned in these T&Cs,
      2. they have properly informed the affected individuals in accordance with applicable legal regulations and the data protection information provided by LMS about the transmission to and processing by LMS, and
      3. LMS is permitted to process this data for the mentioned purposes in accordance with the law.
   3. The booking company and LMS are considered separate data controllers within the meaning of the General Data Protection Regulation (GDPR) and are each responsible for complying with applicable data protection regulations.
   4. Any use aimed at or apparently capable of impairing the security or availability of the Booking Portal, rendering it inoperative, preventing, obstructing, or delaying its use, is prohibited. It is also forbidden to compromise the integrity, confidentiality, or security of data processing or the data or to use the system or data for purposes other than intended.
   5. If LMS identifies a violation of the above obligations or prohibitions, it reserves the right to immediately block the Booking Party's access to the online Booking Portal and exclude the Booking Party from further use of the online Booking Portal. The same applies if there is suspicion that an unauthorized person is performing booking operations that do not appear to be attributable to the Booking Party. However, LMS is not obligated to review the content of the booking in advance.
8. Access Authorization
   1. Once the booking is successfully completed, the Booking Party will be provided with a PDF file for download. This file contains an access authorization for the trade fair premises, allowing a one-time entry. To enter the trade fair premises, it is necessary to present the access authorization in an appropriate form, either as a printout or on the display of an electronic device. Only with this valid access authorization is it possible to enter the trade fair premises and avail the booked services.
   2. Once granted, access authorization can be changed by the Booking Party up to 24 hours before the start of the loading slot. A service fee, as indicated on the Booking Portal, applies for such changes. After the start of the booked loading slot, changes to the access authorization are no longer possible.
   3. The access authorization is not transferable. It is only valid within the specified loading slot. If entry does not occur during the loading slot, entry to the trade fair premises will be denied.
   4. The access authorization does not include the right to use a specific parking or storage space.
   5. In case of culpable exceeding of the usage time specified in the access authorization, a contractual penalty is due, the amount of which is visible in the Booking Portal. In the event of exceeding the time, the Booking Party is liable for these contractual penalties in accordance with the conditions set out in the Booking Portal.
9. Technical Failures/Deficiencies
   1. Access to the Booking Portal is only possible within the current state of technology. Continuous availability of the Booking Portal cannot be guaranteed. It is possible that technical failures may occur, regardless of whether they are attributable to LMS. The Booking Party must be prepared for limitations in availability due to disturbances in the participating networks of the internet outside the control of LMS.
   2. The Booking Party must immediately report any deficiencies or malfunctions of the Booking Portal in written form to LMS.
10. Prices, Payments
    1. The current prices for available loading slots can be viewed in the Booking Portal. The prices specified in the Booking Portal at the time of booking apply. The prices indicated are exclusive of value-added tax at the applicable rate.
    2. Unless otherwise agreed, payment of the specified amount will be made using the chosen payment method. Payment is due immediately after the conclusion of the contract and without deductions. In case of payment delay, LMS reserves the right to exercise its right of retention.
    3. Cash payment or booking directly on the trade fair premises is not possible.
11. Liability
    1. LMS assumes no liability for the functionality of the connection lines to its server or for power or server failures that are beyond its control.
    2. LMS is liable for damages caused intentionally or with gross negligence by LMS, its legal representatives, senior executives, or vicarious agents, in accordance with statutory provisions.
       
       

       In cases of claims for damages due to ordinary negligence, LMS is liable only under the following conditions, subject to statutory limitations of liability (e.g., care in one's own affairs):

       • For damages resulting from the violation of life, body, or health,
       • For damages resulting from the breach of a material contractual obligation. "Material contractual obligations" are obligations whose fulfillment is essential for the proper execution of this contractual relationship and on whose fulfillment the other party can regularly rely. In such cases, LMS's liability for damages due to ordinary negligence is limited to the foreseeable and typically occurring damage at the time of the contract.
         
         

       These liability exclusions and limitations also apply to LMS's vicarious agents and legal representatives.

       The above-mentioned liability exclusions and limitations do not apply in the event of a culpable violation of life, body, or health of persons, explicit guarantees of qualities, and according to the Product Liability Act.

       In principle, the Booking Party is responsible for all activities carried out using their account. If the Booking Party is not responsible for the misuse of their account due to a breach of existing due diligence obligations, the Booking Party is not liable.

12. Term, Deletion of User Account
    1. The contract for using the Booking Portal is concluded for an indefinite period and can be terminated by either party through deletion of the Booking Party's user account. The Booking Party may request deletion through the VisiFair Support. Already booked loading slots remain unaffected by the deletion of the user account.
13. Miscellaneous
    1. Bookings in the Booking Portal can be made in either German or English. In case of any disputes regarding the interpretation of these T&Cs, the German version is authoritative.
    2. The relationship between the Booking Party and LMS is subject exclusively to German substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.
    3. If the Booking Party is a merchant, a legal entity under public law, or a special fund under public law, or if they do not have a general place of jurisdiction in the Federal Republic of Germany, Stuttgart shall be the place of performance and jurisdiction for all disputes arising from this contractual relationship.