1.1. diconium data GmbH, Rommelstraße 11, 70376 Stuttgart (hereinafter referred to as the "Organizer" or "we") is the organizer of the applydata summit (hereinafter referred to as the "Event").
The event will take place on site.
1.2 These General Terms and Conditions ("GTC") apply to all business relations of the Organizer with you ("Participant") in connection with participation in the Event. The General Terms and Conditions for the purchase of a ticket for this ("Tickets") can be found here.
2.1 The offers of the organizer are subject to change and non-binding.
2.2 The event description on the event's website does not constitute an offer, but only serves as an invitation to submit an offer to purchase a ticket. This takes place in our ticket store on the basis of the General Terms and Conditions posted there.
2.3 Due to the nature of the matter, individual program points or the program schedule may be changed. Such program changes do not entitle the participant to withdraw from or to contest the concluded contract, as far as the nature of the event as a whole is not changed thereby, so that the contractual balance between the parties is also not significantly disturbed.
2.4 The organizer is entitled to cancel an order (unilateral right of withdrawal) if the participant violates a specific condition established by the organizer, which was expressly pointed out in text form during the pre-sale, or attempts to circumvent such a condition. § Section 350 of the German Civil Code (BGB) shall not apply.
3.1 The event is not an absolute fixed date. The organizer is therefore entitled to postpone an event in case of a valid reason. Item 3.2 remains unaffected. In this case, the tickets purchased shall remain valid. If the named participant is unable to attend on the replacement date, the ticket can be transferred to a person belonging to the participant's company. If such a transfer is not possible, the participant will receive a voucher for the value of the respective purchase price - minus a handling fee, if applicable.
3.2 The organizer is also entitled to hold the event as an online-only event in case of a valid reason.
3.3 A valid reason in the sense of clauses 3.1 and 3.2 exists in the case of temporary obstacles to performance for which the organizer is not responsible and in the case of force majeure (clause 4).
3.4 In the event of a cancellation, the organizer will reimburse the participant for the purchase price already paid (less the cancellation fee, if applicable; see section 3.1) in accordance with the General Terms and Conditions for the Purchase of a Ticket after receipt of the cancellation/rescission notice.
In cases of force majeure, i.e. in the event of an external event which was not foreseeable or not foreseeable to the extent foreseeable at the time of conclusion of the contract and which could not be averted even by exercising the utmost reasonable care, and which considerably impedes, endangers or impairs the provision of the service, the organizer shall be released from the obligation arising from a concluded contract for the duration and to the extent of the effect if the organizer invokes this clause 4.
5.1 In the course of the event, the organizer or third parties commissioned by the organizer shall create photo and video recordings to document the event. These recordings shall be used by the organizer for its own marketing purposes, among other things, and shall be used both on the Internet (e.g. on the organizer's websites and in social networks) and at events and trade fair appearances of the organizer.
5.2. Upon conclusion of the contract, the participant agrees to the photo and/or video recordings referred to in section 5.1 (and the processing of any personal data concerned) and allows the organizer to use the above-mentioned recordings and any processing thereof for the organizer's own purposes, in particular for the purpose of advertising for the organizer and for products/services offered by the organizer on the organizer's website, on social media presences (e.g. on Facebook or Twitter), on the website of the organizer and on the website of the organizer, on video platforms (e.g. Youtube), as part of commercials and image films, for advertisements in affiliate links, in print media, on posters, on flyers as well as in electronic and postal advertising letters or to have them used by third parties on behalf of the organizer. In particular, the organizer is entitled to distribute the recordings, to reproduce them in public and to make them perceptible, to broadcast them, to exhibit them and to make them publicly accessible via the Internet.
5.3 The organizer has the right to archive the recordings in digital and/or analog form, irrespective of the permission according to section 5.2. In addition to its own documentation purposes, the archiving serves to prosecute any image rights violations committed by third parties.
6.1 The organizer shall only be liable for damages - regardless of the legal grounds - in the event of intent and gross negligence. In the case of simple negligence, the organizer shall only be liable for damages resulting from injury to life, body or health, or for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the contractual partner regularly relies and may rely); in this case, however, the liability of the organizer shall be limited to compensation for the foreseeable, typically occurring damage.
6.2 The limitations of liability resulting from section 6.1 do not apply if the organizer has fraudulently concealed a defect or has assumed a guarantee. The provision of sentence 1 applies accordingly to claims of the participant under the Product Liability Act, should this be applicable.
6.3 This clause 6 also applies in each case to breaches of duty by the organizer's vicarious agents and legal representatives.
7.1 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
7.2 Amendments and supplements to these GTCs must be made in text form to be effective. This also applies to the cancellation of this text form clause.
7.3 The legal relations in connection with this contract shall be governed by German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
7.4 The sole place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the organizer, provided that the participant is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany or another EU member state or has transferred his place of residence abroad after these General Terms and Conditions have come into effect or his place of residence or usual place of abode is not known when legal action is brought.
7.5 The participant must ensure that the ban on displaying or handing out advertising for companies at the event location is observed. Non-compliance will be punished by exclusion from the event.