General Booking Terms and Conditions for CloudFest Events
Preamble
The following Booking Terms and Conditions from WHD Event GmbH (“Cloudfest”) shall exclusively apply, save as varied by express agreements accepted in writing by both parties. All offers, acceptances or other covenants are solely governed by the conditions expressed herein and any different terms proposed by you are objected to and will not be binding unless confirmed in writing by us.
Registration
Cloudfest is a business event. Only business customers (§14 German Civil law Code [BGB]) may register for our event. We reserve the right to request confirming evidence. Minors or anyone under 18 are not permitted to entry the Event venue. No exceptions are provided. You will indemnify CloudFest for any violation of these Terms.
If you are registering on behalf of your employer or a third party, you represent and warrant
– that you have been specifically authorized to accept these Terms on behalf of each person that you register;
– that each person you register agrees to be bound by these Terms; and
– each person you register agrees to indemnify CloudFest for violation of these Terms.
Booking Confirmation
You can book or make a reservation online on our website. Your booking will only become effective after having been confirmed by us in writing within five working days after submittal. If you have not heard from us within five working days after making your booking, please contact us at in**@cl*******.com.
Waiting Lists
If our conferences are fully booked, we will inform you that we have placed you on a waiting list and will contact you if a space becomes available. We will not place your booking or process your payment unless your place is confirmed or you have advised us of another date that you wish to attend.
Payment
Full payment is required within 14 days (unless agreed otherwise) following our booking confirmation via credit card, PayPal, or Bank Transfer. Please be informed, that the relevant date for incoming payments is the date of credit in our account. If we do not receive the full payment within that stated time period we reserve the right to cancel your booking and refuse your attendance at the conference and (where applicable) clear your bookings for accommodation. The same is true in the case of failed or withdrawn payments. We reserve the right, by giving notice to you at any time before the start of the conference, to increase the price of the conference and/or (if applicable) for the accommodation to reflect increases in our costs which are due to effects beyond our control (such as foreign exchange fluctuation, currency regulations, alteration of duties, significant increases in the costs of materials or other costs of services). If requested by us, payment shall be done by interbank payment transaction only. Cash payments, cheques, or bills of exchange will not be considered as fulfillment of the payment obligation and are sent to us at your own risk. For payments made using PayPal, the corresponding PayPal terms and conditions shall apply in addition to these terms and conditions. You authorize us to collect the corresponding invoice amount from your PayPal account.
Cancellations
Please note that in case of cancellations on your side the full conference fee and (where applicable) expenses for accommodation will be forfeited. You are, however, welcome to send a colleague in your place at no additional costs. We retain the right for individual cancellations for reasons beyond our control such as governmental restrictions, natural disasters, and strikes but also technical and/or mechanical problems, in cases of speakers’ incapability or in cases of lack of attendance or complete cancellation of the event. In these cases you will receive a reimbursement of your booking payments, any other liability is excluded.
For partners, cancellation fees according to the relevant contracts apply. We also retain the right to cancel, in our sole discretion, any free bookings you have made with vouchers or bookings with vouchers to which you are not authorized. You may still place a normally paid booking in this case.
Liability
Irrespective of the legal basis, we shall only be held liable in accordance with the following provisions:
We shall be liable in cases of intent and gross negligence in accordance with the statutory provisions. In the case of simple negligence, we shall only be held liable in the event of a breach of a material contractual obligation, the proper fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the customer regularly relies and may rely (cardinal obligation). In such cases our liability shall be limited to the loss or damage that is foreseeable and typical for the type of contract. In the case of simple negligence, liability for all other damages shall be excluded, in particular for consequential losses, indirect losses and lost profits. The aforestated limitations shall not apply in the case of death, physical injury or damage to health or in the event of liability claims in accordance with the Product Liability Act.
Third Parties
Some or parts of our duties and obligations may be fulfilled through third parties. You recognize that these third parties may publish their own conditions, rules or guidelines that will be applicable to you and this contract. These will be provided to you upon request. This applies in particular to travel and accommodation services. Cloudfest staff will assist you with any potential problems or issues with such third parties, however Cloudfest will take no own responsibility for such services and is strictly considered an agent in this regard.
Set Off, Right of Retention
You may set off your claims against our receivables once we have accepted your claims in writing or after having obtained a respective court judgement. You may exercise your right to retention insofar, as your claims are based on the same contractual relationship.
Intellectual Property Protection
All intellectual property rights (among others, copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets, know-how, patent rights, ancillary rights, all rights in computer software and data, whether or not registered), including the rights in the content and design of this website and any material emailed or sent to you or otherwise supplied to you in conjunction with our conferences and/or services are our sole property. You may not use or reproduce any such material including any trademarks, trade names or other intellectual property rights unless having obtained our prior written permission.
The following terms apply to participation in the CloudFest Hackathon (“Hackathon”):
Attendees may create original solutions, prototypes, datasets, scripts, or other content, materials, discoveries or inventions (a “Submission”).
The Hackathon is organized by the WHD Event GmbH (“Organizer”).
Attendees retain ownership of all intellectual and industrial property rights (including moral rights) in and to Submissions. As a condition of submission, every Attendee grants the Organizer, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Submission.
Attendees provide Submissions on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose.
No Warranty, disclaimer of liability, indemnity
All our conferences are prepared and conducted by qualified speakers. We do not assume any liability for the quality, accuracy and completeness of any information given, whether orally or in the conference material including this website and the material presented at the conference.
Links to third-party websites
This site may contain links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. The links are provided solely for your convenience and do not constitute any endorsement by us. You assume sole responsibility for use of third-party links and pointers.
Miscellaneous
These terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany with the exclusion of its references to international private law and CISG. You agree that the local courts of Cologne shall have the exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these or the legal relationship established by them. The sole Venue shall be in Europe.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany with exclusion of its references to international private law and CISG. You agree that the local courts of Cologne shall have the exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these or the legal relationship established by them. Sole Venue shall be in Europe.
Privacy Policy
We may collect personally identifiable information in a variety of ways, for example in the course of online bookings or at other instances where you may be invited to volunteer such information. We will use personally identifiable information to contact you per mail, phone or online regarding our services and events and for marketing, advertising and sale efforts. We may disclose personally identifiable information to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined before. We may disclose aggregate, anonymous data to investors and potential partners. Finally, we may transfer information collected from you in connection with a sale of our business. As far as any data are transferred to third parties outside the EU we will care for equivalent security measures. Please note that information submitted to us via the internet can at no time be fully secured. You may withdraw your permission to use your personal data at any time by giving us notice at in**@cl*******.com. We collect, process and use your personal data in accordance with the statutory data protection provisions. Supplementary information on this issue can be found in the data protection declaration of WHD Event GmbH.
Data Portability: You may request a copy of your personal data in an electronic format that you can take to other service providers by contacting us at pr*****@cl*******.com. We will respond to your request within 30 days.
Account Closure and Data Deletion: You may request to close your account according to the following conditions. All bookings and services must be canceled or finished prior to closure. If there are any active bookings or services in the account, the account cannot be closed. You will no longer be able to log into your account after it is closed. Upon closing your account, it may take up to 30 days for account data to be deleted. After deletion, you will no longer be able to access your account and your account will be unrecoverable. Data that is necessary for the bookings or services you have placed may be retained if it is required for our legitimate business purposes or legal or contractual record keeping requirements.
Behavior
We require all attendees and guests to behave professionally and appropriately in accordance with our Code of Conduct. House rules may be published and applicable to our events. These can be issued by Cloudfest and/or any of our business partners like hotels or other venues. You need to follow these rules and all instructions by any Cloudfest personnel at any time. Failure to follow such directions can result in warnings and in severe or repeated cases will lead to exclusion from the current and/or future events. No fees or costs will be reimbursed in this case.
