1. contractual basis and supplementary provisions

1.1 These conditions of participation apply to the following events:

- ancora YACHTFESTIVAL on the grounds of the ancora Marina - hereinafter referred to as ANCORA - in Neustadt in Holstein.

- HAMBURG YACHTFESTIVAL on the grounds of the Hamburger Yachthafen Gemeinschaft e.V.- hereinafter referred to as HYG - in Wedel.

1.2 Organizers:

YACHTFESTIVAL365 GmbH, Gasstraße 16, 22761 Hamburg, Germany

Managing Partner: Heiko Zimmermann

Hamburg Local Court HRB 173420

- hereinafter referred to as YF365 -.

Phone: +49 (0)40 524750100

E-mail: info@yachtfestival365.de

1.3 These General Terms and Conditions of Participation ANCORA YACHTFESTIVAL & HAMBURG YACHTFESTIVAL apply in addition to the Special Terms and Conditions of Participation (BTB) as well as the Port Operating Regulations or Mooring Regulations of ANCORA & HYG and any Technical Guidelines. Regulations in the BTB's take precedence over these General Conditions of Participation (ATB).

2. registration

2.1 Admission to participate in an event as an exhibitor requires a legally valid registration in due time. This can be done in writing by sending in the registration form valid for the event, completed in full and signed, or online at www.yachtfestival.de by sending the registration form electronically. The online registration is also valid without signature by sending it from the online portal.

2.2 The sending of the registration form or the online registration does not constitute a claim to admission or to a specific size and location of the area or berth. Applications submitted with conditions or reservations shall not be considered and shall be deemed not accepted by YF365. No exclusion of competition will be granted. The return of the completed and signed registration form to YF365 or the online registration is a contractual offer by the exhibitor, which requires acceptance by YF365. A registration is binding from receipt by YF365 until notification of admission or non-admission.

2.3 By registering, the exhibitor accepts all the contractual conditions set out in section 1.3. He must also inform and instruct accordingly the persons employed by him at the event, the co-exhibitors registered by him or additionally represented companies and his other vicarious agents.

2.4 If companies exhibit through their general or country representatives, the sending of the registration simultaneously declares that the registering general or country representative is authorized to rent a stand in the name of this company and to advertise its products or services.

2.5 The Exhibitor's personal data will be processed by YF365 (if necessary also with the help of service providers) for the purpose of processing the contract. YF365 also uses the data for customer support purposes, in particular to send the exhibitor event-specific information on the events he has attended by e-mail. This is done strictly in compliance with the respective current data protection laws. The exhibitor has a right to information, correction, deletion or blocking of his personal data. If he requests the deletion of his personal data stored by YF365, this request will be complied with without delay, provided that deletion does not conflict with documentation or retention obligations. He may object to the use of his data for the purposes stated above at any time or revoke any consent he may have given.

(info@yachtfestival.de). Further information on data protection can be found at: http://www.yachtfestival.de/datenschutz.

3. admission, placement

3.1 Manufacturers and companies whose products and services to be exhibited correspond to the product groups of the trade fair / exhibition, as well as trade publishers with a corresponding theme, may be admitted to participate as exhibitors. Other companies may be admitted to participation by YF365, provided that their exhibits represent an essential addition to the product range.

3.2 The exhibitor undertakes to provide YF365 with all necessary information about his company and the products to be exhibited by him.

The exhibitor assures that the exhibits registered by him are subject to his unrestricted power of disposal and that he has any necessary official approvals or permits for operation or distribution.

3.3 With the admission, the contract between YF365 and the exhibitor is concluded. YF365 decides on admission at its due discretion, taking into account the purpose of the event and the available capacity. Beyond that, there is no legal claim to admission. In particular, there is no right to admission if YF365 has outstanding claims against the exhibitor. YF365 is entitled to withdraw from the contract and to demand compensation if admission was granted on the basis of incorrect prerequisites or information, or if the prerequisites for admission subsequently cease to apply, or if the exhibitor is in default of payment at the time of the declaration of withdrawal.

3.4 YF365 is entitled to limit the registered exhibition items and to change the registered area and/or berths. The admission is only valid for the registered exhibits, the exhibitors specified in the admission and the space specified therein. Objects other than those registered and admitted may not be exhibited.

3.5 If the Exhibitor has applied for a specific space or berth in the application and this can be allocated to him, he will receive the corresponding admission in good time before the start of the trade fair / exhibition.

3.6 If the desired space or berth cannot be allocated or if the Exhibitor has not requested a specific space or berth, YF365 will submit a placement proposal to the Exhibitor. The Exhibitor has the possibility to object to this placement proposal within the period specified therein at least in text form (e.g. letter, e-mail).

If the exhibitor does not object to the placement proposal, silence is deemed to be consent to the placement proposal. The exhibitor will then receive admission in text form on the basis of the placement proposal.

YF365 will specifically inform the exhibitor of the meaning of silence as consent to the placement proposal when sending the placement proposal.

3.7 Placement will be made by YF365 taking into account the theme and structure of the respective event as well as the available space/berths. Requests for space expressed in the registration will be taken into account as far as possible. YF365 is entitled to change the size, shape and location of the allocated space/berth if there is a valid reason for doing so, provided this is not unreasonable for the exhibitor. YF365 shall notify the exhibitor immediately of the necessity of such a measure, allocating the exhibitor an equivalent other space and/or berth if possible.

Claims for damages are excluded on both sides. The exhibitor must accept that at the start of the trade fair or exhibition the location of the other areas has changed compared to the time of admission; he cannot derive any claims from this.

4. unauthorized transfer of the berth or stand space, joint exhibitors, co-exhibitors

4.1 An exchange of the allocated space or berths with another exhibitor as well as a partial or complete transfer or subletting of the space or berths to third parties is not permitted without the consent of YF365. In the event of a violation, YF365 is entitled to terminate the contractual relationship with immediate effect for good cause in accordance with item 20. If several exhibitors rent a stand area or berths together, each of them is liable as joint and several debtor.

4.2 The Exhibitor may accept co-exhibitors and / or additionally represented companies with the prior consent of YF365. Co-exhibitors are all companies which, in addition to the applicant, are represented with their own personnel on the space or berths. They are also considered co-exhibitors if they have close economic or organizational ties to the applicant. Additionally represented companies are all companies which, apart from the applicant, are represented with their own products but without their own personnel. All companies must be named by the exhibitor at the time of registration. Companies not named in the application may not exhibit on the exhibitor's stand area or berths.

4.3 A registration fee (see BTB) will be charged per participating co-exhibitor, which will be invoiced together with the participation fee plus the legally applicable VAT.

4.4 Co-exhibitors will be included for a fee in the media provided by YF365 (see Item 14.1) and may advertise in the List of Goods.

4.5 In all cases, the main exhibitor admitted shall be liable for compliance with the obligations incumbent on the exhibitor by the co-exhibitor(s) and the additionally represented companies.

5. charges / progress payments

5.1 The participation fee is calculated from the net prices shown on the registration form per berth, per trailer parking space or per m² multiplied by the square meter of the floor space of the stand area (without deductions for any columns or other existing facilities). The minimum size of a stand area or berth is determined by the BTB. Each square meter or part thereof of the base area is calculated in full, the stand area in rectangular addition without consideration of the stand form.

5.2 For the Association of the German Trade Fair Industry (AUMA), Littenstraße 9, 10179 Berlin, an additional AUMA fee of 0.60 Euro net per square meter may be charged.

5.3 In addition to the fees listed above, an advance payment (see BTB) may be charged for expected incidental costs (e.g. technical service, advertising materials).

5.4 The fees as well as advance payments shall be net prices, in addition to which value added tax shall be charged at the statutory rate applicable at the time of the trade fair/exhibition.

6. payment terms and conditions / lessor's lien

6.1 Unless otherwise agreed, the fees/premium amounts shall be due immediately upon receipt of the invoice (also in electronic form). The payment dates shall be observed. Complaints about the invoice will only be taken into account if they are made in writing within 14 days of receipt of the invoice.YF365 will specifically draw the exhibitor's attention to the significance of his conduct when sending the invoice. Prior and full payment of the participation fee is a prerequisite for the occupation of the trade fair / exhibition space or berth, for entries in the media provided by YF365 and for the issue of any exhibitor passes that may be required. Any deviation from this regulation does not constitute a deferral. The final invoice for ancillary costs (e.g. technical service, advertising materials) will be sent to the applicant or exhibitor after the end of the trade fair/exhibition, taking into account the advance payments made. It is to be paid by the exhibitor immediately upon receipt.

6.2 All invoice amounts are to be transferred without any deduction, free of charges and in euros, to the account specified in the invoice, stating the customer and invoice number. In the event of late payment by the exhibitor, YF365 is entitled to charge interest in the amount of eight percentage points above the respective base interest rate as well as a fee of 3 euros for each additional reminder. YF365 reserves the right to claim the statutory interest on arrears (§ 353 of the German Commercial Code), further damage caused by default and other rights arising from these conditions of participation. The exhibitor is entitled to prove to YF365 that YF365 has not incurred any damage exceeding the statutory default interest rate as a result of the delay in payment.

6.3 Should the Exhibitor fail to meet its payment obligations on time, YF365 reserves the right, after setting a reasonable deadline taking into account the circumstances and the remaining time, to terminate the contractual relationship with immediate effect for good cause in accordance with clause 20.

6.4 If an exhibitor fails to meet its payment obligations, YF365 may exercise its lessor's lien, retain the exhibits and the superstructures and area furnishings and have them sold by public auction at the exhibitor's expense in each case after prior notice or, if they have a stock exchange or market value, sell them by private contract.

6.5 YF365 reserves the right to pass on its exhibitor receivables - after an unsuccessful reminder process - to its collection service provider for debt collection. The exhibitor will be informed of this when the reminder is sent. The collection service provider will collect the receivables electronically. If the exhibitor does not wish this, he can object at any time.

7. stand space design / berth design, assembly and dismantling

7.1 All stand areas and other trade fair / exhibition areas will be measured and marked by YF365; in case of doubt, YF365 is entitled to a right of determination (§ 315 BGB).

7.2 The Exhibitor shall be obliged to erect a trade fair or exhibition stand (booth) or moor a boat / yacht on the rented stand area and/or on the rented berth. The stand / berth must be recognizably occupied in good time, at the latest 24 hours before the start of the trade fair / exhibition. If the exhibitor does not move into the stand / berth in good time, YF365 may terminate the contractual relationship with immediate effect for good cause in accordance with clause 20.

7.3 The stand or berth must be properly equipped and staffed with competent personnel during the entire duration of the trade fair/exhibition as specified in the BTB during the fixed opening hours.

7.4 The design and equipment of the stand / berth is basically left to each exhibitor; however, the design and equipment must take into account the typical exhibition criteria of the trade fair / exhibition and all regulations and instructions of YF365, in particular the ANCORA & HYG berthing regulations. The name or company and address or registered office of the exhibitor must be made clearly visible by booth or boat lettering. The companies commissioned with the design or construction are to be made known to YF365

7.5 If a stand does not comply with the relevant specifications in terms of its design and/or equipment, YF365 may demand that the stand be modified or removed accordingly by the Exhibitor. The costs for this shall be borne by the exhibitor. If this request is not complied with immediately, YF365 is entitled to effect a change at the expense of the exhibitor or to terminate the contractual relationship with immediate effect for good cause in accordance with Item 20.

7.6 Existing supply lines, distribution boxes, etc. must be taken into account during all installation work. must be taken into consideration. If these are located within individual stand areas or berths, they must be accessible at all times. Structural elements, stand signs and flags must be kept in such a way as to avoid unreasonable interference with neighbors. Misleading company signs must be removed at the request of YF365.

7.7 Set-up must be completed by the end of the set-up times specified in the STC at the latest.

7.8 Exhibits, stand equipment and / or other items that were not mentioned in the application or which, due to their appearance, odor, poor cleanliness, noise or other characteristics, are unreasonably disruptive or annoying with regard to the smooth running of the trade fair / exhibition or otherwise prove to be unsuitable, must be removed immediately at the request of YF365. If such items are not removed immediately, YF365 may effect removal at the exhibitor's expense and terminate the contractual relationship with immediate effect for good cause in accordance with item 20.

7.9 The storage, presentation and distribution of items that are to be classified as dangerous or may generally endanger people and other property requires the prior approval of YF365; it must be applied for together with the registration.

7.10 Before the start of the dismantling times specified in the GTC, the Exhibitor is neither entitled to remove exhibition goods from the stand area and/or the berths, nor to start dismantling the stand or removing the boats or yachts. In case of violation of this regulation, YF365 is entitled to demand a contractual penalty of up to 1,000 euros per day.

7.11 The Exhibitor is solely responsible for the timely clearance of the stand areas and / or berths. After the period of dismantling specified in the GTC, all obligations assumed by YF365 shall end. YF365 is not liable for goods still on the trade fair / exhibition grounds at that time - including those sold to a third party during the trade fair / exhibition. YF365 is entitled to charge an appropriate storage fee for goods that have not been dismantled and removed on time; it is also entitled to have the removal and storage of goods carried out or disposed of immediately by a company suitable for this purpose at the expense and risk of the exhibitor.

8. cancellation, withdrawal and non-participation

8.1 Cancellation of the registration is possible until admission (conclusion of the contract). In this case, YF365 is entitled to charge the exhibitor a fee for the cancellation. The amount to be paid, if any, can be found in the GTC.

8.2 Once admission has been granted, withdrawal by the exhibitor is excluded. Non-participation by the exhibitor does not release him from his contractual obligations. In particular, he remains obliged to pay the contractually owed fees. YF365 is not obliged to accept a substitute exhibitor provided by the exhibitor. This does not affect the right to terminate the contract for good cause.

8.3 In the event of non-participation, the participation fee shall become due immediately if the due date was not already justified in accordance with section 6.1.

8.4 In order to ensure a cohesive appearance of the trade fair / exhibition, YF365 is entitled, in the event of non-participation by the Exhibitor, to allocate the stand space(s) and / or berth(s) not used by the Exhibitor to another party. In the event that YF365's efforts are successful in allocating the stand space(s) or berth(s) otherwise than by exchange with the stand space(s) and / or berth(s) of another exhibitor against payment, the exhibitor shall only be required to pay an administrative contribution amounting to 25% of the participation fee, but at least 400 euros, plus the legally applicable value added tax. The exhibitor reserves the right to prove that the administration fee charged by him is too high. This shall also apply if the exhibition is otherwise allocated to a substitute exhibitor provided by the exhibitor and accepted by YF365. If no interested party is found, YF365 is entitled to arrange the stand area/s and/or berths/space at the exhibitor's expense.

8.5 In case of non-participation of a co-exhibitor, the obligation to pay the registration fee remains in full.

8.6 If the exhibitor wishes to change the size of the space/s or berths allocated to him and / or his co-exhibitors after admission has been granted, this requires the consent of YF365, which it is not obliged to grant. YF365 reserves the right to charge an additional and reasonable administrative fee in accordance with section 8.4 in the event of a reduction in the size of the space.

9. safety and service

9.1 The escape and rescue routes as well as the fire extinguishing equipment must be kept free and fully accessible at all times. For safety reasons, the ANCORA & HYG premises are video-monitored in some areas.

9.2 The exhibitor must observe the relevant noise protection regulations. In the event of a breach of the noise protection regulations, YF365 reserves the right to interrupt the event. Any resulting claims for damages shall be borne by the exhibitor.

9.3 The Exhibitor shall be responsible for ensuring the safety of the areas and/or berths provided and of the boats and/or yachts exhibited during the term of the contract.

9.4 For safety and control reasons, the use of cranes, power-driven forklifts with driver's station and other industrial trucks for loading and unloading as well as for assembly and disassembly is only permitted to the forwarding agents or employees of ANCORA & HYG designated by YF365.

9.5 For safety reasons, the installation of supply systems, e.g. for electricity, the operation of crane systems, etc., may only be carried out by contractors or employees of ANCORA & HYG designated by ANCORA & HYG. ANCORA & HYG also offers additional services via its customer service center.

10. domiciliary right 

Exhibitors must comply with the port operating regulations of ANCORA & HYG and follow the instructions of ANCORA & HYG as operator of the site. Likewise, the instructions of YF365 must be followed, in particular those concerning technical safety issues such as stand safety, fire protection, etc.

11. sales regulation

11.1 The sale of goods against payment at the stand (hand sale) is only permitted for the registered items confirmed by YF365 and only within the framework of the respective regulations. The exhibitor is solely responsible for obtaining any official permits etc. that may be required. The catering right is basically with YF365.

11.2 It is expressly pointed out that YF365 monitors careful compliance with the regulations. The exhibitor will refrain from violations of these regulations at all times. Insofar as permission to hand-sell goods for consumption on the spot is granted by way of exception, permission must also be applied for from the City of Neustadt in Holstein, in accordance with § 12 of the Catering Act. A fee shall be paid to the Office upon issuance of the permit. The serving of free samples does not require a permit under trade law. The exhibitor is obliged to take care of the sanitary permit. The sale or distribution of beverages in bottles or similar containers is generally prohibited.

11.3 The Exhibitor undertakes to comply with the general statutory provisions, in particular:

With regard to the distribution / sale of alcohol, the provisions of the Law for the Protection of Minors must be observed. In principle, exhibitors are obliged to refrain from unfair competition with competitors and with local companies. The exhibited goods must be marked with prices, including sales tax and other price components. The prices must also indicate the sales and performance unit and the quality designation (see Price Indication Ordinance [PAngV] as amended).

12. site supervision / cleaning / waste disposal

12.1 YF365 recommends keeping valuable, easily removable items under lock and key. YF365 shall only provide general grounds supervision outside the opening hours of the trade fair / exhibition. Services for the custody, safekeeping or other protection of the interests of the exhibitors are not provided.

12.2 YF365 shall provide for the general cleaning of the premises. The cleaning of the stand and / or the stand area and / or the berth is the responsibility of the exhibitor; it must be completed daily before the opening of the event. When contracting for stand cleaning, the exhibitor shall use a cleaning company designated by ANCORA & HYG.

12.3 The Exhibitor undertakes to avoid waste or to join the existing waste disposal concepts of YF365 or ANCORA & HYG. All objects, superstructures and decorations brought in by the exhibitor or by third parties on his behalf must be completely removed by him by the agreed end of use and the original condition must be restored. After the end of the dismantling period, any remaining objects, superstructures and decorations may be removed by YF365 or ANCORA & HYG at the exhibitor's expense. The exhibitor must ensure that no waste is left on the premises of ANCORA & HYG. Waste must be disposed of completely and properly by the exhibitor. Otherwise, YF365 and ANCORA & HYG are entitled to carry out waste disposal at the exhibitor's expense and to charge the exhibitor for the costs. Should the exhibitor have left behind garbage or other objects after clearing the stand area, YF365 is entitled to have this or these removed and destroyed at the exhibitor's expense.

12.4 Alterations on the premises of ANCORA & HYG, the bringing in of heavy or bulky objects as well as the placing of decorations, signs and posters are subject to a charge and require the prior inspection and written consent of YF365. Any clearance certificates issued by the responsible authorities must be submitted to YF365 with the application for approval. This applies in particular to permanently affixed signage, posters, advertising media and pathways in the premises and / or grounds of ANCORA & HYG. The pasting and nailing of the facades, interior and exterior walls, floors, walkways, and parts thereof is not permitted.

13. demonstrations and advertising

13.1 All types of demonstrations require the written consent of YF365.

YF365 is entitled to restrict or prohibit those demonstrations which cause noise, dirt, dust, odor or exhaust fumes or which otherwise cause or could cause impairment to third parties, despite prior permission having been granted.

13.2 Advertising for goods or companies not named in the admission is not permitted on the stand.

13.3 Political advertising and / or political statements are not permitted. In the case of political statements or political advertising that is likely to disturb the peace at the trade fair or public order, YF365 is entitled to demand that the objects in dispute be omitted and removed. In the event of non-compliance with the demand, YF365 is entitled to terminate the contractual relationship with immediate effect for good cause in accordance with clause 20.

13.4 YF365 is entitled to stop unauthorized advertising of any kind without judicial or police assistance and to remove it itself or have it removed. The costs of the removal of unauthorized advertising material shall be borne by the exhibitor. Permits already issued may be restricted or revoked in the interest of maintaining orderly trade fair operations.

13.5 The timely registration and payment of fees for the performance or reproduction of works protected by ancillary copyright with GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) - or with GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten mbH) are the sole obligations of the Exhibitor. YF365 may demand written proof of registration of the performance or reproduction or written proof of payment of the fees from the exhibitor in good time before the trade fair / exhibition. If the exhibitor is not willing or able to provide proof of payment of the fees, YF365 may, at its discretion, demand payment of a security deposit for the fees from the exhibitor prior to the trade fair / exhibition.

13.6 Addressing and questioning visitors outside the stand is strictly prohibited. In the event of a violation, YF365 is entitled to terminate the contractual relationship with immediate effect for good cause in accordance with clause 20.

14. marketing package / service package

14.1 By his registration, the Exhibitor gives his consent to a company entry for himself and the Co-Exhibitor in the media planned by YF365. The exhibitor agrees that information about his participation may be disseminated via electronic media including the Internet. The trade fair media are to be taken from the BTB. YF365 may engage a service partner. The service partner will inform all exhibitors in detail about the insertion possibilities. Only approved exhibitors and co-exhibitors will be included in the media.

14.2 Insofar as the information for the mandatory entries is not available by the specified deadline (see BTB), these will be made by YF365 according to the available documents.

14.3 Legal claims arising from incorrect, incomplete or non-existent entries can only be asserted in the event of intent or gross negligence on the part of YF365, its bodies or its senior employees as well as its vicarious agents.

14.4 A service package that includes the marketing package and other services is mandatory. The amounts and included services can be found in the GTC.

15. force majeure and other compelling reasons, reservations

15.1 YF365 is entitled, in the event of compelling reasons, in particular in the event of force majeure, taking into account the interests of the exhibitors in the implementation, to close ("cancel") and/or cancel, relocate ("postpone") and/or change the duration of the contractual event (trade fair, exhibition, etc.) in whole or in part and/or to modify the event in any other way.

Force majeure exists in particular if it is an event that is beyond the control of the contracting parties. For example, force majeure exists in the event of war, civil war, warlike events, acts of terrorism, political unrest and / or use of chemical, biological, biochemical substances and / or nuclear energy. Force majeure also exists in the event of pandemics, epidemics, epidemics or similar disease hazards and / or in the event of natural disasters (storms, hurricanes, earthquakes or floods, etc.) or consequences based thereon. Furthermore, force majeure shall also be deemed to exist in the event of governmental, official or other public-law ancora and measures such as orders, general decrees, etc. for which the contracting parties are not responsible and which prevent the event from being held.

Compelling reasons, in particular force majeure, are to be assumed both if a corresponding event has occurred and if such an event is reasonably likely to occur at the time of the event. The assessment as to whether a corresponding event has occurred or is imminent shall be made by YF365 at its reasonable discretion, in particular taking into account the interests of the exhibitors.

15.2 If the event is cancelled in accordance with Item 15.1, the Exhibitor shall bear its own costs and/or expenses incurred up to that point. Claims for damages by the exhibitor are excluded in this respect. YF365 may claim from the exhibitor an appropriate amount to be determined by YF365 at its reasonable discretion, but not exceeding 25% of the participation fee, for general compensation of costs. In addition, the exhibitor is obligated to reimburse costs and / or expenses insofar as YF365 has made advance payments that would have to be reimbursed under the contract. The same applies as in the case of cancellation if the event is closed (canceled).

15.3 If the event is modified in accordance with Item 15.1 in a manner other than by cancellation or closure (abandonment) (e.g. by postponement or relocation), the Exhibitor shall be bound by this. The contract shall be deemed concluded for the modified event. In particular, the exhibitor may not demand withdrawal or reduction. He may, however, withdraw from his participation if he proves that this would be unreasonable for him. In all other respects, item 15.2 shall apply accordingly.

15.4 YF365 has the right to cancel the event if the required minimum number of registrations is not received and the unchanged implementation is economically unreasonable.

15.5 If YF365 is responsible for the cancellation of an event, no participation fee is owed. However, a claim for damages against YF365 is excluded in the case of simple negligence. The same applies to claims for reimbursement of expenses, reimbursement of costs or similar claims.

16. exhibitor passes

Each exhibitor and co-exhibitor will receive an exhibitor pass (see BTB).

17. photography and other image recording

17.1 YF365 is entitled to make or have made image / sound recordings as well as drawings of event processes or exhibited or used items for the purpose of documentation or for its own publications (e.g. on the Internet and on advertising materials), unless the exhibitor objects.

17.2 The making of recordings on the premises of ANCORA & HYG as well as the use of these recordings require the prior written consent of YF365 or the copyright and ancillary copyright holders involved. YF365 is entitled to charge a processing fee for granting this consent.

17.3 If photographs, film and/or video recordings are made on the premises of ANCORA & HYG with the consent of YF365, the recording activity must not be obstructed or impaired in any other way.

17.4 All persons entering or staying on the premises of ANCORA & HYG shall be informed of the possibility of taking photographs, film and video recordings there. By entering the premises of ANCORA & HYG, these persons consent to the use of recordings of them, including portrait shots, in the context of reporting on the trade fair / exhibition in question, both on television and in the context of privately produced films, in print and online media, in particular on websites and in social networks as well as on video portals, unless they expressly object to this use before entering.

18. complaints / impairments

18.1 Any complaints due to defects of the stand or the stand area or the berths must be reported to YF365 in writing immediately after occupation, but no later than on the last day of set-up, so that YF365 can remedy any defects for which it is responsible. Later complaints cannot be considered and do not lead to any claims against YF365.

18.2 In the event of construction measures, YF365 shall endeavor to keep any resulting impairments for the Exhibitor as low as possible. If the usability of the stand or the stand area or the berths is considerably impaired by the construction measures, the participation fee can be reduced. This only applies if the use of the stand or the stand area is significantly impeded. In the case of insignificant impairments, the reduction is excluded. Immateriality is deemed to exist, for example, if the impairment can be remedied at short notice, without difficulty or at low cost, or is of low intensity or short duration. Impairments due to measures of hazard prevention do not entitle to a reduction.

YF365 shall determine the reduction at its reasonable discretion without prejudice to the future in each individual case. The maximum amount is 25% of the participation fee. Construction measures are a compelling reason within the meaning of clause 15.1.

19 Industrial property rights

19.1 The titles and logos of YF365 trade fairs / exhibitions are legally protected. Their use by exhibitors in identical or similar form generally requires the prior express and written consent of YF365. This consent may be made dependent on the payment of a usage fee by YF365. The use of the original logos for announcing the exhibitors' participation in the trade fair / exhibition is permitted without separate consent.

19.2 The Exhibitor shall be responsible for securing copyrights or other industrial property rights to the exhibits. Exhibition protection from the beginning of a trade fair / exhibition on the basis of the Act on the Legal Protection of Designs of 12.03.2004, the Utility Model Act in the version of the announcement of 28 August 1986 and the Act on the Protection of Trademarks and Other Marks of 25.10.1994, in the versions currently in force, shall only come into effect if the Federal Minister of Justice and Consumer Protection has published a corresponding announcement in the Federal Gazette for a specific trade fair / exhibition. If necessary, YF365 will inform exhibitors of the court responsible for industrial property right infringements. Reference is made to the possibility of border seizure proceedings.

19.3 Each exhibitor is obliged to observe the industrial property rights of the other exhibitors and to refrain from violations.

When presenting and distributing products and services, the statutory provisions of the Federal Republic of Germany must be observed. Insofar as products are not approved for worldwide distribution, appropriate country-specific labeling is required. Goods that demonstrably infringe industrial property rights, in particular trademark rights, design rights, utility models and / or patents, are not permitted at the trade fair / exhibition. Infringing goods must be removed immediately and future participation in the trade fair / exhibition will be prohibited. The infringement is proven if it has been confirmed by a final court judgment. In the event of proven infringements of property rights for which the exhibitor is responsible, YF365 is entitled to terminate the contractual relationship with immediate effect for good cause in accordance with item 20.

20. breach of duty, right of termination, contractual penalty

20.1 Culpable violations of the Exhibitor's obligations arising from the contractual relationship or of the orders issued within the scope of the domiciliary rights shall entitle YF365 to terminate the contractual relationship for good cause with immediate effect if the violations are not ceased immediately upon request. Good cause for termination of the contractual relationship with immediate effect exists in particular if the exhibitor violates the obligations regulated in sections 4.1, 6.3, 7.2, 7.5, 7.8, 13.3, 13.6 and 19.3.

20.2 In the event of termination for cause, YF365 shall be entitled to immediately close the Exhibitor's stand and to demand that the Exhibitor immediately dismantle the stand and vacate the stand area and/or berths.

20.3 If the Exhibitor is in default with the dismantling of the stand and/or the clearing of the berths and/or the stand area, YF365 is entitled to either dismantle the stand and/or clear the stand area and/or the berths itself at the expense of the Exhibitor or to have this done by third parties.

20.4 In the event that the berths and / or stand space cannot be rented out for a fee or can only be rented out by swapping them with the berths and / or stand space of another exhibitor, the Exhibitor shall remain obligated to pay the participation fee owed as minimum compensation for the remaining duration of the trade fair / exhibition.

20.5 If no replacement exhibitor can be found for the berths and / or stand space of the terminated exhibitor, YF365 is entitled to carry out the design of the berths / stand space at the expense of the exhibitor in order to ensure a cohesive appearance of the trade fair / exhibition.

20.6 YF365 is entitled to demand from the Exhibitor a contractual penalty in the maximum amount of 10,000 Euro to be determined in each individual case at the reasonable discretion of YF365 and to be reviewed by the Regional Court of Hamburg in the event of a dispute, if the Exhibitor culpably violates its obligations under the following clauses:

- Item 4.1: Unauthorized surrender of stand space

- Clause 6.1: Advance performance obligation

- Clause 7.2: Erection of the stand

- Item 7.3: Equipment of the stand

- Section 7.5: Observance of the technical specifications

- Clause 7.8: Failure to remove obstructing objects

- Clause 7.10: Early dismantling

- Clause 7.11: Timely clearance

- Item 10: Observance of the recumbent order

- Clause 12.2: Non-cleaning

- Item 13.3: Refraining from political advertising

- Clause 13.6: Unauthorized approach/questioning

- Clause 19.3: Infringement of property rights

If YF365 is also entitled to damages due to the culpable breach of duty, the contractual penalty shall be offset against the claim for damages.

21 Liability and insurance

21.1 In the event of gross negligence, YF365 shall only be liable for the fault of its legal representatives and executive employees, unless there is a breach of essential contractual obligations (cardinal obligations) or an injury to life, body or health.

21.2 YF365 is liable for slight negligence only in case of breach of essential contractual obligations or in case of injury to life, body or health. YF365 is liable, irrespective of the legal grounds, only for foreseeable damage, the occurrence of which must typically be expected. Insofar as YF365 is liable for slight negligence, the liability is limited to 10,000 euros.

21.3 The strict liability of YF365 for already existing defects according to § 536 a para. 1 BGB is expressly excluded. In this respect, YF365 shall in particular not be liable for the exhibition goods, the superstructures or area facilities as well as any consequential damages of the exhibitor.

21.4 Damage must be reported to YF365 in writing without delay.

21.5 In the event of damage, YF365 will only pay compensation in the amount of the current value upon presentation of written proof of the acquisition costs. Compensation for damages is excluded if a late notification of damage caused by the exhibitor leads to the insurance company of YF365 refusing to take over the damage.

21.6 The Exhibitor is liable to YF365 for damages for which it is responsible, regardless of whether they are caused by itself, its employees, agents or exhibition objects and equipment. In the case of lump-sum claims for damages, the right of YF365 to prove higher damages to the exhibitor remains unaffected. The exhibitor is entitled to prove that no damage or significantly lower damage than specified in the lump sum was incurred.

21.7 The Exhibitor is obliged to take out appropriate insurance to compensate for such damage with a German insurer.

22. severability clause, limitation period

22.1 Should any provision of these General Terms and Conditions for Participation ANCORA YACHTFESTIVAL & HAMBURG YACHTFESTIVAL be or become invalid or unenforceable, this shall not affect the validity of the General Terms and Conditions for Participation ANCORA YACHTFESTIVAL & HAMBURG YACHTFESTIVAL. In such a case, the parties undertake to agree on a valid and feasible provision that corresponds as far as possible to the purpose of the provision to be replaced within the meaning of the General Terms and Conditions for Participation ANCORA YACHTFESTIVAL & HAMBURG YACHTFESTIVAL; the same applies to any gaps in the General Terms and Conditions for Participation ANCORA YACHTFESTIVAL & HAMBURG YACHTFESTIVAL.

22.2 The limitation period for claims against YF365 is 6 months, unless mandatory statutory provisions conflict with this.

22.3 The Exhibitor shall have a right of retention, unless he is a natural person, only with undisputed or legally established claims. The Exhibitor may only offset claims that are undisputed or have been established as final and absolute.

23 Jurisdiction, Applicable Law

23.1 The place of jurisdiction for all disputes is Hamburg (-Mitte), provided that the exhibitor is an entrepreneur or has no general place of jurisdiction in Germany. However, YF365 reserves the right to take legal action also at the general place of jurisdiction of the exhibitor.

23.2 German law shall apply to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.

The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at: http://ec.europa.eu/consumers/odr/. YF365 does not participate in an alternative dispute resolution procedure.

Organizer:

YACHTFESTIVAL365 GmbH

Gasstraße 16 . 22761 Hamburg

+49 (0)40 524750100

info@yachtfestival365.de

Managing Partner: Heiko Zimmermann

Hamburg Local Court HRB173420