General Terms and Conditions of Business for the Loading Slot Booking Portal of Messe Berlin

Last update: May 2022
  1. Scope
    1. The General Terms and Conditions of Business set out below (“Loading Slot Terms”) apply to all loading slots available for booking via the URL (“Portal” or “Online Portals”) within the scope of logistical authorizations to enter the premises by vehicle in conjunction with events of Messe Berlin GmbH.
    2. As used in these Loading Slot Terms, “Events” means exhibitions, trade fairs, and other event formats held in person at Berlin ExpoCenter City or in another venue.
    3. Messe Berlin GmbH (“Messe Berlin”), having its business address at Messedamm 22, 14055 Berlin, Germany, is either the organizer of the Event or has been engaged to hold the Event.
    4. Trade Fair Grounds” means the grounds of Messe Berlin.
    5. Booking Party” means a registered user of the Portal who books a loading slot. The only permissible Booking Party is an employee of an enterprise that has a legitimate interest in delivering goods to, or picking goods up from, the Trade Fair Grounds (such as a trade fair transportation company).
    6. Booking Slot” means a limited-term authorization to enter the Trade Fair Grounds by vehicle. This is generally also associated with authorization to park on the Trade Fair Grounds for a certain time.
    7. Counter-confirmations by the Booking Party referring to that party’s own general terms and conditions, purchasing or order Ts&Cs shall not apply unless Messe Berlin explicitly agrees to their validity. Neither shall they apply if Messe Berlin has explicitly objected to their validity and/or provides its services without objection.
  2. Subject matter of the Agreement
    1. Via the Portal, the Booking Party is given the opportunity to book paid loading slot times for one-time entry to the Trade Fair Grounds by vehicle in each case.
    2. The products offered by the Portal are aimed exclusively at entrepreneurs (within the meaning of Sec. 14 (1) of the German Civil Code (BGB), i.e., natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession) as well as legal persons under public law and special funds under public law.
    3. Messe Berlin operates the Portal within the scope of its technical capabilities. There is no entitlement to error-free and uninterrupted use of the Portal at all times or to any specific availability. Messe Berlin will make every effort to restore usability as quickly as possible in the event of a system failure.
  3. Registration
    1. When registering for the first time, the Booking Party is required to enter that party's general company information as required for proper invoicing and possibly to check authenticity, meaning primarily the company name, location of registered office, register numbers, contact information (e-mail and phone numbers), etc.
    2. The Booking Party is responsible for choosing an adequately secure password, which must not be shared with third parties. The Booking Party is not permitted to share the password with others or to set up further users except where such persons have been authorized by the Booking Party to access the Portal. All actions performed using the relevant user name will be attributed to the Booking Party in principle. The Booking Party is liable for declarations made by third parties using the Booking Party’s member account, within the foreseeable scope, in accordance with the principles of a contract for the benefit of third parties.
    3. After entering the user information, the Booking Party will receive a confirmation e-mail from Messe Berlin at the e-mail address provided during registration, asking them to confirm the e-mail address by clicking an activation link. The registration process is complete when the user confirms the e-mail address.
  4. Loading slot bookings
    1. The offerings on the Portal are not binding and subject to change, and the available quantities are limited.
    2. Loading slot bookings can only be made by registered Booking Parties to whom the relevant code for the Event in question has been communicated beforehand. This code must be treated as confidential by the Booking Party and not disclosed except to authorized persons affiliated with the Booking Party.
    3. Merely presenting the loading slots on the Portal does not constitute a legally binding offer; instead, it is an invitation to place an order (invitatio ad offerendum). By clicking the “Order and pay” button in the final step of the ordering process, the Booking Party issues a binding offer to book the services displayed in the order overview. Messe Berlin then has five working days in which to accept the offer.
    4. Without delay after receiving the offer, Messe Berlin shall transmit to the Booking Party confirmation of receipt thereof. This does not constitute acceptance of the offer. The offer is not deemed to have been accepted by Messe Berlin unless and until the booking is confirmed on the Portal. The Booking Party will generally receive an additional e-mail regarding this. This e-mail may be accompanied by the invoice, which can also be downloaded from the Portal. Messe Berlin is not liable for receipt of this e-mail, which is sent purely for informational purposes. Rather, the contract does not come into existence unless and until the authorization to enter the premises by vehicle is provided on the Portal.
    5. Messe Berlin shall decide at its own discretion whether to accept the Booking Party’s offer. There is no claim to the conclusion of a contract.
  5. Booking Party’s obligations of cooperation
    1. To access the Portal, the Booking Party must use their login information to log in.
    2. The Booking Party must enter the information provided on the Portal carefully and double-check it to ensure there are no errors.
  6. Booking information
    1. During the booking process, the Booking Party must indicate the desired loading slot and fill in all fields marked as required truthfully, including but not limited to the following:
      1. Vehicle type
      2. License plate number
      3. Driver’s mobile phone number
      4. Payment information (in dealing with the payment service provider)
    2. To the extent that the Booking Party is providing information relating to other persons (such as the driver’s mobile phone number), the Booking Party affirms that (i) these data have been collected lawfully and can be transferred to Messe Berlin for the purposes mentioned herein; (ii) the Booking Party has duly notified the data subjects that the data concerning them will be transferred to and processed by Messe Berlin in accordance with the applicable laws and regulations and with the data protection and privacy information provided by Messe Berlin; and (iii) Messe Berlin is lawfully permitted to process these data for the purposes mentioned. The company represented by the Booking Party and Messe Berlin are each separately considered to be a controller within the meaning of the GDPR and, in this regard, each bear separate responsibility for complying with the applicable laws and regulations on data protection and privacy.
    3. Furthermore, any use that is intended or evidently suitable to adversely affect the security or availability of the Portal, render the Portal non-functional, or impede or delay the use thereof or, in general, to adversely affect the integrity and confidentiality or the security of the data processing or the data or to use the system/data for any purpose other than as intended, is prohibited.
    4. Should Messe Berlin detect a violation of the above paragraphs, it may immediately block the Booking Party’s access to the Online Portal and exclude the Booking Party from further use of the Online Portal. The same applies if there is any suspicion that an unauthorized person is making booking transactions that are evidently not attributable to the Booking Party. However, Messe Berlin has no corresponding obligation to check the content of the Booking Party.
  7. Authorization to enter the premises by vehicle
    1. After a successful booking, the Booking Party can download a PDF file containing the authorization to enter the premises by vehicle, which can be presented for one-time entry to the Trade Fair Grounds. Vehicles are not permitted to enter the Trade Fair Grounds without presenting this authorization to enter the premises by vehicle in a suitable form (either printed out or displayed on an electronic device).
    2. Once granted, authorization to enter the premises by vehicle can be canceled or modified by the Booking Party on the Portal as long as the earliest possible loading time has not yet started. The change may be associated with a service fee, which can be seen on the Portal. In the event of a necessary change after the start of the earliest possible loading time, this authorization to enter the premises by vehicle can no longer be modified.
    3. The authorization to enter the premises by vehicle cannot be transferred or sold and is valid only during the specified time window. If the time window is not observed, entry to the Trade Fair Grounds will be denied.
    4. The authorization to enter the premises by vehicle is not associated with any authorization to use a specific parking space.
    5. In principle, vehicles can enter and exit repeatedly during the loading slot booked.
    6. The Portal may list contractual penalties for exceeding the use times mentioned in the authorization to enter the premises by vehicle; the Booking Party is liable for these penalties in this case.
  8. Interruption of service
    The possibility of accessing the Portal via the Internet exists only using technology in accordance with the generally accepted state of the art. Availability of the Portal at all times cannot be guaranteed. Technical malfunctions cannot be ruled out, regardless of whether Messe Berlin is responsible for them. The Booking Party must anticipate restrictions in availability, particularly outside the sphere of influence of Messe Berlin, due to disruptions in data transmission in the participating subnetworks of the Internet.
  9. Prices, payments
    1. The current prices of the relevant loading slots can be seen on the Portal. The prices stated on the Portal at the time of ordering are the prices charged. VAT at the statutory rate is not included in the final price shown, unless otherwise stated.
    2. Unless otherwise agreed, the Booking Party shall pay the amount stated in its order by the means of payment selected in advance. The purchase price is due for payment immediately and without deductions after conclusion of the contract. Partial payments or payments in installments are not permitted. Fulfillment of the payment obligation shall not occur until the amount has been credited to one of the bank accounts specified on the invoice. Messe Berlin is entitled to exercise its right of retention in the event of any payment defaults.
    3. Cash payment or payment directly on the Trade Fair Grounds are not permitted.
  10. Warranty rights, force majeure
    1. Messe Berlin shall effect a cure for any defects at no charge. Messe Berlin must be notified in writing of any defects or faults that have occurred immediately after they have been identified.
    2. Messe Berlin reserves the right to make ongoing technical improvements to all services. This can only give rise to warranty claims on the part of the Booking Party if, after such an adjustment, a noticeable negative impairment can be objectively determined and this is reported immediately.
    3. Messe Berlin is not liable for impossibility of the service or for delays in delivery if these are caused by force majeure or other events that could not be foreseen at the time the contract was concluded (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in procuring necessary official permits, pandemics or epidemics, official measures or the failure of, incorrect or untimely delivery by suppliers despite a congruent hedging transaction concluded by Messe Berlin) for which Messe Berlin is not responsible. If such events make it considerably more difficult or impossible for Messe Berlin to deliver or perform and the hindrance is not only of a temporary nature, Messe Berlin shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or the delivery or service dates postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the Booking Party cannot reasonably be expected to accept the delivery or service as a result of the delay, they can withdraw from the agreement by giving Messe Berlin an immediate written declaration. There shall be no further claims for damages.
  11. Liability
    1. Messe Berlin is not liable for the functionality of the connection lines to its server or for power or server failures that are beyond its control.
    2. Messe Berlin shall be liable for damages caused intentionally or through gross negligence by Messe Berlin, its legal representatives, executive employees or vicarious agents, irrespective of the legal grounds.
    3. DMesse Berlin is liable for damages in the event of simple negligence, subject to statutory limitations of liability (for example, care in its own affairs), only
      1. for damage resulting in fatal or physical injury or damage to health;
      2. for damage arising from the breach of an essential contractual obligation. "Essential Contractual Obligations" means the obligations whose fulfillment renders the proper execution of this contractual relationship possible in the first place and upon the compliance with which the respective other contractual party is generally permitted to rely. In the event of a breach of Essential Contractual Obligations, Messe Berlin's liability for damages in cases of simple negligence shall be limited in amount to the damage typically foreseeable at the time the contract was concluded.
    4. To the extent that liability on the part of Messe Berlin is ruled out or limited, this also applies to the vicarious agents and legal representatives of Messe Berlin.
    5. The above exclusions and limitations of liability do not apply in the case of culpable or negligent fatal or physical injury or health impairments caused to persons, or the in the case of the explicit guarantee of the characteristics and under the Product Liability Act.
    6. In principle, the Booking Party is liable for all activities carried out using their account. If the Booking Party is not responsible for the misuse of their account because there is no violation of the existing duties of care, the Booking Party is not liable.
  12. Duration, termination
    1. The contract for the use of the loading slot portal is entered into for an indefinite term and can be terminated by either Party upon one week's notice. Loading slots that have been booked are not affected by notice of termination.
    2. Nothing herein shall affect the right of extraordinary termination of the contract for good cause (e.g., due to default on the part of the Booking Party despite a reminder).
  13. Amendments to these Loading Slot Terms
    Messe Berlin reserves the right to amend these Loading Slot Terms, associated service descriptions and prices at any time and without being obligated to state a reason. In this case, the amendment will be pointed out clearly to the Booking Party. Further bookings are permitted only after the amendment is accepted. Loading slots that have been booked previously are not affected by the amended terms.
  14. Miscellaneous provisions
    1. Bookings on the Portal shall be issued in German or English. In case of any disputes regarding the interpretation of these Loading Slot Terms, the German version shall be the definitive version.
    2. The relationship between the Booking Entity and Messe Berlin shall be governed exclusively by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    3. If the Booking Entity is a merchant, a legal entity under public law or a special fund under public law, or if this entity does not have a general place of jurisdiction in the Federal Republic of Germany, the place of performance and jurisdiction for all disputes in connection with this contractual relationship shall be Berlin.
    4. In the event that one or several provisions of these Loading Slot Terms is or becomes invalid in whole or in part, the remainder of these Loading Slot Terms shall remain valid. Any invalid provisions shall be replaced by provisions that come closest to the purpose originally intended by the Parties. The same shall apply in the event of a contractual loophole.