General Terms and Conditions (GTC) for Exhibitors and Sponsors of Embedded Software Engineering Kongress ("ESE")
Date: 24 March 2026
1. Scope of the GTC
1.1 These General Terms and Conditions of Business (GTC) apply to all declarations of intent, contracts and legal or quasi-legal acts of Vogel Communications Group GmbH & Co. KG, Max-Planck-Str. 7/9, 97082 Würzburg, Germany, and MicroConsult Academy GmbH, Charles-de-Gaulle-Str. 6, 81737 Munich, Germany (hereinafter jointly referred to as the "Organizer") with regard to the Embedded Software Engineering Kongress ("ESE") event with its partners (hereinafter referred to as the "Partner") in the context of orders for exhibitors and sponsors (hereinafter referred to as the "Order"). These GTC apply exclusively to entrepreneurs. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.2 Partner is any legal entity or natural person or partnership with legal capacity that sends a request to the Organizer, commissions it or for which the Organizer acts in any other way.
1.3 Conflicting or deviating terms and conditions to these GTC are not accepted unless an express written agreement with the organizer is made. These GTC shall also apply if the Organizer unconditionally provides services in knowledge of terms and conditions of the Partner that conflict with or deviate from these GTC.
1.4 The Organizer reserves the right to unilaterally adjust the GTC at any time. Changes to the GTC shall be disclosed to the Partner in writing or electronically (e.g. by e-mail). The Partner may object to the updated version of the GTC within two (2) weeks of receipt of the disclosure. Without objection, the changes shall be deemed accepted. If the Partner objects to the changes to the GTC, the Organizer has the right to terminate the contractual relationship with immediate effect.
1.5 These GTC shall apply in the current version valid at the time of the conclusion of the legal transaction or the existence of a relationship similar to a legal transaction. Unless otherwise agreed, they shall also apply to all future legal transactions or relationships similar to legal transactions, even if they are not expressly agreed again. The currently valid version of these GTC can be found at www.ese-kongress.de.
2. Conclusion of Contract
Offers on the part of the Organizer represent an invitation to the Partner to make an offer to conclude an order itself. An order between the parties is concluded when the Partner has submitted a binding offer to conclude a contract to the Organizer at least in text form and the acceptance of the offered services declared binding by the Organizer has been received by the Partner on the terms and conditions contained therein and subject to these GTC.
3. Contractual Relationships and Contents
3.1 The aim of the cooperation between the Partner and the Organizer is, in particular, the optimization and expansion of the promotional and communicative appearance of the Partner, its products and/or services in the market, as well as the provision of opportunities for the presentation of the Partner's field of business activity and products.
3.2 As an exhibitor and sponsor, the Partner may commission the Organizer with the provision of exhibition space at one or more events, in particular commission the organizer with the provision of exhibition space (in the case of Presence or Hybrid as an event format) or with the provision of virtual presentation space and digital promotions on the respective online event platform (in the case of Hybrid and Digital as an event format).
3.3 The registration for an event shall be submitted by the Partner to the Organizer in the form provided for this purpose and shall constitute a binding offer to conclude an order for the provision of a corresponding exhibition space. Insofar as the Organizer accepts the offer with reference to the applicability of these GTC, the order for the provision of exhibition space shall be concluded by notification of the admission of the Organizer to the Partner. Otherwise, section 2 of these GTC shall apply to the conclusion of the contract. The Partner shall have no claim to admission. The services owed by the Organizer are hereinafter also referred to uniformly as the "object of performance". The Organizer is not responsible for the achievement of a specific economic success. In all other respects, section 2 of these GTC shall apply to the conclusion of the contract. The Partner shall not be entitled to admission.
3.4 The scope and content of the services owed by the Partner and the Organizer shall be specified in the Order in each case. The Order concluded between the Organizer and the Partner is decisive for this. The review of the legal admissibility of advertising (in particular competition, trademark, food and drug law) is not owed by the Organizer, unless this has been expressly agreed otherwise in writing.
3.5 The Organizer is entitled, at his own discretion, to perform the services himself, to make use of competent third parties as vicarious agents in the provision of services that are the subject of the contract and/or to substitute such services (hereinafter referred to as "third-party services").
3.6 The commissioning of external services is carried out in the name of the Organizer, but for the account of the Partner. The Organizer shall invoice the Partner for the costs incurred.
3.7 The contractual agreements between the parties are in the following order to each other:
- Order including its possible attachments,
- these GTC, current status in each case,
- legal requirements.
3.8 In the event of any contradictions, the contractual bases shall apply in the order listed.
4. Participation
4.1 The admission to an exhibition space or to the online area at an ESE event communicated to the Partner by the Organizer refers only to the registered Partner and the exhibition goods, services and presentation materials confirmed in the communication in accordance with the specifications of the respective subject of performance booked by the Partner.
4.2 The admission may be revoked by the Organizer if it was granted on the basis of false or incomplete information, or if the conditions for admission subsequently cease to apply
5. Space Allocation
5.1 The Organizer shall provide the exhibition space in the registered offer area in accordance with the specifications of the booked subject matter of the service and in accordance with these GTC. In the case of hybrid event formats, the Organizer shall additionally provide the Partner with access to the online event platform in accordance with the respective booked subject matter of the service and in accordance with the provisions applicable to digital events (section 10).
5.2 Special wishes of the Partner (e.g. placement, neighborhood, stand design, exclusion of competitors, etc.) will only be taken into account in a binding manner if they are expressly confirmed in the admission by the Organizer.
5.3 Insofar as this is required for compelling technical or organizational reasons, the Organizer is entitled to allocate the Partner an exhibition space in a different location from the exhibition space, to change the size of the exhibition space, to relocate or close entrances and exits to the exhibition grounds.
5.4 Without the prior consent of the Organizer, the transfer of the rights existing for the Partner under the transfer agreement, in whole or in part, to other persons is not permitted. The same applies to the transfer of the exhibition space allocated to the authorized Partner, in whole or in part, to other persons.
6. Technical Services
6.1 General heating, cleaning and lighting of the exhibition hall is provided by the Organizer.
6.2 Installations of supply and disposal connections may only be ordered via the Organizer or via a service provider commissioned by the Organizer.
6.3 The costs of installation and consumption of water and telecommunication connections of the individual stands as well as all other services will be charged separately to the Partner.
6.4 In addition to these GTC, the contractual basis for the participation of the customers in the events are the house rules (Hausordnung) of the operator of the respective event location as well as the organizational, technical and other provisions that are sent to the Partner before the start of the event.
7. Cleaning, Waste Disposal
7.1 The organizer is responsible for cleaning the grounds, halls and aisles. The Partner has to take care of the cleaning of the exhibition area and the disposal of waste. Cleaning must be completed daily before the start of the event. If cleaning and waste disposal are not carried out properly, the Organizer may, after setting an appropriate deadline, commission a specialist company at the Partner's expense.
8. Guarding
8.1 The Partner is obliged to carry out the guarding of its property itself. The Organizer is not liable for loss and/or damage of the Partner's property, unless the Organizer caused the damage intentionally or by gross negligence.
9. Operation and Return of the Exhibition Stand
9.1 The stand must comply with the technical and legal guidelines. Where necessary, official permits and requirements as well as construction and operational requirements must be obtained and fulfilled by the Partner at its own expense. In the event of non-compliance, the Organizer is entitled to have changes made at the Partner's expense and, if necessary, to issue a stand ban.
9.2 The Partner is solely responsible for traffic safety on its stand, including all access points.
9.3 During the opening hours of the event, the stand must be made accessible to visitors. If the stand is not operated in accordance with the contractual agreements, the Organizer may remove the stand at the Partner's expense and allocate the stand space elsewhere. The Partner shall not be entitled to a refund of the stand fees unless it proves that the Organizer was able to generate revenue from the alternative allocation of the stand space.
9.4 Stand construction and dismantling must be completed at the specified times. If the event could be disrupted as a result, stand construction and dismantling or other changes are not permitted. If stand construction and dismantling are not completed within the specified times, a contractual penalty of 25% of the rental price plus VAT is payable in addition to the stand rental. This applies in particular to the dismantling of the stand before the start of the official dismantling period on the last day of the event.
9.5 At the end of the event, the site must be returned in the same condition as before it was handed over to the Partner. Damage or contamination caused by the Partner may be removed at the Partner's expense without prior notice.
10. Online Services for Hybrid and Digital Events
Access to the online event platform, system requirements
10.1 The object of the booking of services in connection with digital events or the digitally conducted part of hybrid events is generally the provision of access to the event platform, as well as the use of the functionalities of the event platform and, if applicable, the provision of storage space for the data made accessible by the Partner on the event platform to the agreed extent.
10.2 The Organizer does not provide the partner with any access software. Access is generally via a browser supported by the event platform that meets the system requirements of the event Organizer, or a software application that can be downloaded. Unless otherwise stated in the service description of the respective event service package, the Organizer’s system requirements apply: Details regarding system requirements can be found at https://privacy.vogel.de/systemanforderungen.html.
10.3 The system requirements are part of the contract. The Partner must check in good time before its participation in the digital or hybrid event whether the connection to the event platform can be established and, if necessary, remedy any existing technical faults for which it is responsible in good time. If a technical connection to the event platform cannot be established, the Organizer must be informed in good time.
10.4 The Organizer does not owe the Partner the provision and/or functionality of the browser.
10.5 The Partner shall take the necessary precautions to prevent access to the event platform by unauthorized persons.
Availability of the event platform, further service levels
10.6 The Organizer guarantees an availability of the event platform including accessibility and reachability necessary for a successful participation in the respective event.
10.7 The Organizer shall not be liable for disruptions, interruptions or failures on the event platform which
10.7.1 the Organizer is not responsible for, in particular impairments that are based on failures and/or malfunctions of technical systems and/or network components outside the Organizer's area of responsibility; this includes, among other things
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- failures caused by incoming cyber attacks. This does not apply if the Organizer is obliged to use virus protection programs and these were not state of the art at the time of the cyber attack;
- Failures caused by improper use of software or hardware on the part of the Partner;
10.7.2 are maintenance work agreed with the Partner or unforeseen maintenance work required for which the Organizer is not responsible or agreed workarounds (e.g. use of another event platform as an alternative).
10.8 The Partner is obligated to immediately notify the designated contact person of the Organizer or the designated support contact person of the Organizer responsible for the respective event of any disruptions, availability restrictions or availability failures that are recognizable to the Partner. In the event of disruptions, the Organizer assures that it will respond and remedy the situation within a reasonable and appropriate period of time, provided that the disruption is within the sphere of responsibility of the Organizer.
Duties of the partner, liability for illegal content, compliance with legal frameworks
10.9 The Partner shall be liable for ensuring that, within the scope of the functions and digital presentation options available to them on the event platform, no racist, discriminatory, pornographic, youth-protection-endangering, politically extreme or any other unlawful occurrences, or occurrences violating official provisions or requirements occur, or that corresponding data are created and/or stored on the server of the operator of the event platform. In particular, the following actions on the event platform are forbidden for the Partner:
- Posting, distribution, offering and advertising of pornographic content, services and/or products that violate the laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent;
- Use of content that may insult or defame the Organizer or third parties or damage the reputation of the Organizer;
- Use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
10.10 Furthermore, the Partner is also prohibited from the following activities, irrespective of any possible infringement of the law, when posting its own content via the features of the event platform and when communicating with other participants and/or moderators (e.g. by sending personal messages, by participating in discussion forums or by writing guestbook entries):
- Distribution of viruses, Trojans and other malicious files;
- Sending junk or spam e-mails and chain letters;
- Spreading lewd, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
- Harassing other partners, participants and/or moderators, e.g. by contacting them personally several times without or contrary to the reaction of the contacted person, as well as encouraging or supporting such harassment;
- Soliciting other partners, participants and/or moderators to disclose passwords or personal data for commercial or unlawful purposes;
- Distribution and/or public reproduction of content available on the event platform, unless the Partner is expressly permitted to do so by the respective author.
10.11 The Partner assures to own all rights, in particular all copyrights, rights of use and ancillary copyrights to the contents posted by them. Insofar as the Partner is not the author of the content posted, he assures that he is the owner of the unrestricted right of use thereto. The Partner assures the ownership of unrestricted exploitation rights, that the submitted contents are free of third party rights, and that no personal rights have been violated in the representation of persons. The Partner assures that it has acquired the rights of all authors, holders of ancillary copyrights, holders of industrial property rights and other entitled persons required for publication, exploitation and making available to the public, in particular that persons depicted have given their express consent to the exploitation and evaluation of the image as part of the application via the Partner's profile.
10.12 The Parties shall mutually appoint contact persons who are authorized to give and receive information and declarations of intent, as well as assume full responsibility for the scheduled performance of the contractual services.
10.13 The Partner shall observe the relevant data protection regulations. The Partner shall be the data controller within the meaning of the German Data Protection Regulation (Datenschutzgrundverordnung, DSGVO) for the personal data processed by it, e.g. of the additional event participants added by it (if agreed). If the Partner stores or processes personal data on the systems of the event platform, this shall be secured by concluding a corresponding data protection agreement on commissioned processing in addition to the existing contractual agreements.
11. Advertising, Marketing, Press, Professional Lectures
11.1 Advertising is permitted within the stand (for presence or hybrid for the presence part). Outside the exhibitor's stand - in particular on tables, wall surfaces, in stairwells, and in the corridors of the exhibition halls - advertising is only permitted with the prior consent of the Organizer and against payment. On the online event platform, the admissibility of advertising measures depends on the subject matter of the service booked by the Partner in each case.
11.2 Only advertising measures that do not violate statutory provisions or morality or are of an ideological or political nature are permitted. Visual, moving and acoustic advertising media, musical renditions and product presentations are permitted in compliance with legal/official regulations, provided that other partners are not unreasonably impaired. The Organizer is entitled to prohibit the publication, distribution and display of advertising material that may give rise to objections and to secure existing stocks of the advertising material for the duration of the event. The same shall apply to the making publicly available of illegal or otherwise objectionable advertising material or content pursuant to sections 10.9 and 10.10 on the event platform. In this case, the organizer may, depending on the severity of the violation and the extent of a complaint, exercise its domiciliary rights and in particular exclude the Partner from participation in the event or block its access to the event platform, unless this is unreasonable for the Partner.
11.3 The Organizer is entitled to use the name and logo of the Partner free of charge on advertising and marketing materials (e.g. advertisements, websites) for the preparation and implementation of the event. The Partner is obligated to provide the Organizer with a logo of appropriate quality and requirement.
11.4 Photography as well as video and film recordings of the exhibits are permitted, insofar as the respective Partner allows this. The Organizer is entitled to make photographs, film and video recordings as well as drawings of the event, the stands and the exhibited goods or to have them made by the press and to use them free of charge for advertising purposes or general press publications. This Clause 11.4 shall apply mutatis mutandis to digital recording options for digital event formats, in particular to screenshots and screencasts, for example, of the Partner's digital presentation areas.
11.5 The Organizer is entitled to restrict or prohibit performances that endanger or significantly impair the operation of the event.
12. Due Date of Payments
12.1 Invoices will be issued with order placement. The agreed fees (rental of the exhibition space, advance payments for ancillary costs, advertising measures, access to the online event platform, etc.) are due thirty (30) days after receipt of the invoice, without deduction, exempt from charges, and payable in Euro. Partners are not entitled to any event services before the invoice amount has been fully paid in due time.
12.2 The Organizer is entitled to demand advance payment of the agreed fees. If the Partner fails to meet the payment date, the Organizer may exclude him from participation in the event. The obligation to pay the agreed fees remains unaffected.
12.3 The Partner shall bear the costs for travel to and from the event, overnight stays, and comparable costs.
13. Force Majeure
13.1 Force majeure or other unforeseeable events for which the Organizer is not responsible and which make it significantly more difficult or temporarily impossible to provide the contractual services, including pandemic, strike, lockout and official orders, shall entitle the Organizer to postpone the performance of its services for the duration of the hindrance plus a reasonable start-up period. The Organizer shall inform the Partner immediately of the occurrence of such impediments to performance. If the delays resulting from an event in accordance with the first sentence above exceed the period of six weeks and if an adjustment of the contract is not possible or not reasonable for both parties, both parties shall be released from their performance obligations agreed in the contract. Services rendered by the Organizer are to be remunerated by the Partner according to their share. Claims for damages are excluded in such a case.
14. Cancellation, Changes
14.1 Unless otherwise stated or agreed in the order or in the order confirmation, the Partner is entitled to cancel the Order in writing, at no cost, up to 14 days after order confirmation. After this date, cancellation is no longer possible and the agreed fee is due in full. If the Organizer is able to rent the exhibition space in question to another party (face-to-face event only), the agreed fee shall be reduced to 50%. The Partner is entitled to prove that the Organizer has not incurred any damages or depreciation or only significantly lower damages or depreciation than the aforementioned flat fee.
14.2 The Organizer also has the right to change the event for important reasons (e.g. changes to the program, the format (presence, hybrid or digital), the time or schedule, the location or venue). The Organizer will notify the Partner separately in text form of any significant changes. All changes will also be published on the website. Thus, the Partner's is responsible to inform itself about such changes.
15. Confidentiality and Data Protection
15.1 The Organizer will treat the transmitted subjects of performance confidentially according to the state of the art; however, for electronic data transmission, the Organizer cannot guarantee 100% confidentiality.
15.2 The parties shall treat as confidential all documents, information and data they receive for the performance of the contractual relationship and which are designated to them as confidential and shall use them only for the performance of the respective order. In particular, Orders concluded between the parties shall also be deemed confidential. The parties shall impose a corresponding obligation on their employees and third parties involved in the order, in particular subcontractors. These obligations shall remain in force even after the termination of the respective order, for whatever reason, for a further two years, calculated from the end of the contract.
15.3 The Partner authorizes the Organizer to process the data received in connection with the business relationship in accordance with applicable data protection laws. The Organizer declares that its employees and vicarious agents have been obligated to maintain strict secrecy and to comply with data protection and that the Organizer has taken all necessary technical and organizational measures to ensure the implementation of the provisions of applicable data protection laws.
16. Assignment and Set-Off
16.1 The Partner may only transfer the rights and obligations arising from this contract with the prior written consent of the Organizer. The Partner may only offset claims of the Organizer against undisputed or legally established claims.
17. Liability
17.1 The Partner is responsible for insuring the exhibits against all risks of transport and during the event against damage, theft, etc.
17.2 The Partner shall be liable for all damage caused to third parties by its participation in the event, including damage to the premises and facilities of the Organizer. The Partner is solely responsible for the content of advertisements, brochures and other information documents.
17.3 Insofar as nothing further is regulated in the other provisions, the Organizer shall only be liable for damages due to breach of contractual or non-contractual obligations in the event of intent and gross negligence. The limitation of liability shall also apply to legal representatives, executive employees and vicarious agents. The Organizer shall only be liable for slight negligence in the event of a breach of an essential contractual obligation (cardinal obligation) and in the event of damage resulting from injury to life, limb or health. In the event of a slightly negligent breach of cardinal obligations, however, the obligation to pay compensation shall be limited to the foreseeable damage typical of the contract. Cardinal obligations are obligations the fulfillment of which is essential for the proper performance of this Agreement and on the fulfillment of which the other party may regularly rely.
17.4 The Organizer shall not be liable for the factual information about the partner's products contained in the subject matter of the service or for the protectability under copyright, design, trademark or brand law of the ideas, proposals, concepts, drafts, etc. supplied within the scope of the Order, unless this protectability was expressly agreed in writing as part of the contract.
17.5 The liability for breaches of duty that are neither intentional nor grossly negligent is limited to the sum of the contractual fees that the Partner has paid to the Organizer for the period of two years prior to the occurrence of the damaging event within the framework of the specific contractual relationship. This shall not apply in the case of liability for injury to life, body and health.
17.6 For atypical/unforeseeable indirect damage and consequential damage as well as for loss of profit, the Organizer shall only be liable to entrepreneurs in the event of intent and gross negligence. In this case, the liability of the Organizer is limited to the contract-typical foreseeable damage, at most to the sum of the contractual fees which the partner has paid to the Organizer for the period of two years before the occurrence of the damaging event within the framework of the concrete contractual relationship. This shall not apply in the case of liability for injury to life, body and health.
18. Warranty
18.1 The Partner's claims arising from the Order and from all legal relationships in connection therewith shall become statute-barred within 6 months. The period shall commence upon return, i.e. in the case of face-to-face events upon complete clearance of the exhibition space or in the case of digital formats upon termination of the event and discontinuation of access to the event platform, unless otherwise agreed with the Partner (e.g. in cases where access to the event platform is still required for the use of further services following the respective event).
19. Form
19.1 Unless otherwise agreed in the respective order or in these GTC, all agreements between the Organizer and the Partner regarding the contractually owed services and all modalities of service provision are subject at least to the text form requirement.
19.2 The written form requirement shall apply to all other legally relevant declarations and notifications by the Partner to the Organizer with regard to the order (e.g. setting of deadlines, reminders, withdrawal). Legal formal requirements and further proof, in particular in the case of doubts about the legitimacy of the declaring party, shall remain unaffected by this
20. Place of Execution, Jurisdiction and Severability Clause
20.1 The place of execution is Munich.
20.2 The place of jurisdiction for all legal disputes arising between the Organizer and the Partner is Munich.
20.3 Only the law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
20.4 Changes and additions, as well as the termination of the contractual relationship with the organizer require the written form to be effective. This also applies to the amendment of this written form clause.
20.5 Should one or more provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions of these GTC. This applies accordingly to the filling of a gap in the contract.
20.6 The invalidity of individual provisions of these GTC shall not affect the validity of the remainder of the order.
Contact:
Sabine Pagler, s.pagler@microconsult.de
Organizer
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Vogel Communications Group GmbH & Co. KG |
MicroConsult Academy GmbH Charles-de-Gaulle-Str. 6, D-81737 Munich Court of Registry (Registergericht): Amtsgericht München, HRB 29 52 36 Managing Director: Nora Pohle |