General Terms and Conditions of Participation for Visitors and Participants of Events of Mobile Seasons GmbH

1.Scope and Definitions

1.1. These General Terms and Conditions for Visitors and Participants (the “GTC” or “GTC for Visitors and Participants”) apply to anyone purchasing or registering for a Ticket (each a “Purchaser”) and to all visitors and participants of events organised by Mobile Seasons GmbH (“Participants”). They supplement the general business terms of any ticket agent, the house rules of the event site and the terms of use governing digital event formats.

1.2.For the purposes of these GTC:

“Events” are exhibitions, trade fairs and other event formats held (i) as on-site events, (ii) as digital events that supplement an on-site event (hybrid events) or (iii) as purely digital events. Where individual provisions apply only to on-site, hybrid or digital events, this is expressly stated.

“Mobile Seasons” means Mobile Seasons GmbH, Messedamm 22, 14055 Berlin, Germany, acting either as organiser or as the entity entrusted with staging the Event.

“Purchasers” are any persons acquiring Tickets on site, via the Event web shops or from official third-party ticket agents for themselves or for other Participants.

“Participants” are all visitors and participants of Events, irrespective of whether their visit is professional or private.

“Purchase” means the fee-based acquisition of Tickets.

“Registration” means the free-of-charge acquisition of Tickets.

“Tickets” are access authorisations to the respective Events of Mobile Seasons or its affiliated companies.

“Personalised Tickets” are Tickets bearing the name and, where applicable, further data of the Participant; they entitle only the named individual to admission and are valid only together with an official photo ID (identity card, passport, etc.).

“Ticket Shop” is the online platform organized by the ticket agent to sale Tickets to Purchasers as well as to register Participants. 

2 Purchase and Ordering Process

2.1. Tickets may only be purchased at the Ticket Shop, but the contract of purchase is concluded directly with Mobile Seasons, unless otherwise stated.

2.2. Purchase via a Ticket Shop requires prior registration and entry of an e-mail address. After submitting the address, the Purchaser receives a verification code, which must be entered in the Ticket Shop. For Personalised Tickets additional data (e.g. name and address) must be entered for each Participant.

2.3. Current prices for each ticket category (where the Event is subject to a fee) are displayed in the Ticket Shop. Only the ticket categories and prices shown at the time of the order apply. Statutory value-added tax is included in the final price unless indicated otherwise. Concession tickets are valid only if the relevant conditions are met on admission; promotional sales may display different prices.

2.4. By clicking “Order with obligation to pay” (or “Submit registration”) the Purchaser makes a binding offer; Mobile Seasons (or the ticket agent on its behalf) accepts it by sending an immediate confirmation e-mail (“Confirmation E-mail”). The contract is deemed concluded, at the latest, upon receipt or retrieval of the Ticket.

2.5. Unless agreed otherwise, the Purchaser pays the amount specified in the order using the selected payment method (e.g. credit card, PayPal). The purchase price falls due immediately and must be paid without deduction. Instalment or part payments are not permitted. Payment is deemed effected only when the amount is credited to one of the bank accounts stated on the invoice. If payment is not received by the deadline stated in the Confirmation E-mail, Mobile Seasons may rescind the contract.

2.6. Once payment is completed (or for free Tickets) the Purchaser may download the Tickets immediately in the Ticket Shop and will also receive them, or a download link, with the Confirmation E-mail. Tickets are available both as print-at-home and as mobile tickets for Google Wallet / Apple Wallet. The Purchaser must ensure that receipt of the Confirmation E-mail is not blocked by technical measures and must download the Tickets promptly if they are not attached.

3 Order Management at Ticket Shop

3.1. Using the link in the Confirmation E-mail the Purchaser may view order details at any time and download the related invoice. The Purchaser is responsible for verifying the accuracy of the data and requesting any corrections.

3.2. Personalised Tickets may be reassigned to another person until the close of the Event, provided no Ticket in the same order has yet been used for admission. Reassignment is carried out via the self-service functions in the Ticket Shop.

3.3. Mobile Seasons may temporarily suspend Ticket Shop availability for maintenance or updates and does not guarantee uninterrupted access. Purchasers must make data changes—especially reassignment of Personalised Tickets—in good time.

3.4. Purchasers must provide accurate information and may act only on their own behalf. Unauthorised use of the Ticket Shop constitutes misuse and may lead to cancellation of tickets and user accounts.

4 Resale and Misuse

4.1. Any misuse, unauthorised commercial sale or other unauthorised transfer of Tickets, vouchers or voucher codes is prohibited unless expressly permitted by Mobile Seasons.

4.2. In a private resale no higher price than the original ticket price plus a maximum of 25 % to cover ancillary costs (e.g. postage, brokerage) may be charged, and all rights and obligations arising from the contract of attendance—including this resale prohibition—must be transferred. Tickets obtained contrary to these rules are invalid and will be blocked.

5 Sponsor, Speaker and Partner Tickets

Sponsor, Speaker or Partner will receive an access code to be entered at the Ticket Shop. The Tickets will be either free of charge (Sponsor or Speaker) or a negotiated discount (Partner) will apply.

6 Access to the Event

6.1. Admission to an on-site Event is granted only to persons holding a valid Ticket; in the case of a Personalised Ticket, only the person named on the Ticket is admitted. Personalised Tickets are valid only together with an official photo ID. Ticket validity is verified electronically.

6.2. For digital Events—or where the Ticket covers only the digital element of a hybrid Event—the Confirmation E-mail contains either a direct access link or a link enabling the Participant to log in to the digital event platform.

6.3. By entering the event site the Participant accepts the house rules of the venue as well as additional house rules of the organizer displayed at the entrance; consuming food or drink brought onto the premises is not permitted.

7 Special conditions for congresses, seminars, workshops, meetings and conferences

7.1. Mobile Seasons reserves the right to replace announced speakers with others and to make necessary changes to the event programme and venues while preserving the overall character of the Event. If it is not possible to organise a part of the Event due to force majeure, the absence of a speaker, disruption at the Event or a low number of attendees, the Attendees will be informed immediately.

7.2. Event-related lectures and documentation are protected by copyright and may not be reproduced, distributed or commercially used in any form - not even in part - without the consent of Mobile Seasons and the respective speakers. All intended photo, film and sound recordings for commercial use require the prior permission of the Mobile Seasons. Mobile Seasons assumes no responsibility or liability whatsoever for any inaccuracies in the content of the lectures and documentation or for their conformity under trademark and copyright law.  

7.3. Mobile Seasons works to create a comprehensive overview of the interactions and events that may be of promotional interest to the Event. Accordingly, please be advised that you may be filmed or photographed at any time and any presentations you deliver may be recorded. If you do not wish to be filmed, photographed or recorded, please advise Mobile Seasons and/or legal representatives and/or vicarious agents beforehand.

8 Refund of Tickets, Right of Withdrawal

8.1. Subject to Clauses 8.2 to 8.3, 11 and 12 of these GTC, Tickets are non-refundable.

8.2. There is no statutory right of withdrawal for purchased Tickets (Section 312g (2) No. 9 German Civil Code or “BGB”). Nevertheless, Mobile Seasons grants Purchaser a right of cancelation up to 30 days before the Event´s starting day. To cancel its participation in due time, Purchaser must send an e-mail to global@droidcon.de. Decisive for determination of the timely receipt of the notice of cancelation is the date of receipt. Mobile Seasons is entitled to retain a cancelation fee for processing the cancelation and the ticket refund up to an amount equaling EUR 20.00.

8.3. If the cancelation under this Clause 8.2 of these GTC has been effectively exercised, the relevant Ticket will be blocked so that entry to the respective Event will not be possible. The ticket refund will be returned to your original payment method, such as a credit card, bank account, or PayPal account, depending on how the initial purchase was made.

9 Warranty Rights for Digital Event Formats

For consumers within the meaning of Section 13 BGB who have acquired a digital product (provision of digital content or digital services) against payment, or who provide personal data for that purpose (and whose data are not processed by Mobile Seaons solely to perform its duties or comply with statutory obligations), Section 327 et seq. BGB applies in the event of defects. The consumer may demand subsequent performance (§ 327l BGB), terminate the contract (§ 327m paras 1, 2, 4, 5 BGB), reduce the price (§ 327n BGB) and claim damages (§ 280 para 1 or § 327m para 3 BGB) or reimbursement of futile expenditure (§ 284 BGB).

10 Liability

10.1. Mobile Seasons is liable without limitation for damages caused wilfully or by gross negligence by Mobile Seasons, its legal representatives, senior executives or vicarious agents.

10.2. Subject to statutory limitations (e.g. duty of care in own affairs), Mobile Seasons is liable for simple negligence only

a) for injury to life, body or health;

b) for damages resulting from the breach of an essential contractual obligation.

Essential contractual obligations are those whose fulfilment is indispensable for proper performance of this contractual relationship and on whose compliance the other party may normally rely. In the event of a negligent breach of such obligations, liability is limited to the foreseeable damages typical for the contract at the time of its conclusion.

10.3. Neither Mobile Seasons nor ticket agent are liable for direct or indirect (consequential) damages arising from use of the Ticket Shops—especially transmission errors, technical defects, operational failures or unauthorised interference with IT systems—unless such damages are caused wilfully or by gross negligence by Mobile Seasons or its ticket agent. Neither Mobile Seasons nor the ticket agent are furthermore liable for damages arising because a third party has obtained unauthorised possession of the Purchaser’s access data unless either Party is responsible for such possession.

10.4. Where Mobile Seasons’ liability is excluded or limited, the exclusion or limitation also applies to its vicarious agents and legal representatives.

10.5. The foregoing exclusions and limitations do not apply in cases of culpable injury to life, body or health, in the event of express guarantees or under the German Product Liability Act.

11 Cancellation of an On-Site Event

11.1. With the existence of a justified exceptional situation (as defined in Clause 11.2) that renders implementation of the Event at the planned location or time impossible or unreasonably difficult, Mobile Seasons may, at its discretion and taking the interests of the Purchaser or Participant into account,

a) cancel the Event (“Cancellation”);

b) relocate the Event to another venue (“Relocation”);

c) postpone the Event to another period (“Postponement”);

d) reduce the Event’s duration (“Reduction”); or

e) abort, temporarily interrupt or partially close the Event (“Abort”) if it has already commenced.

11.2. A justified exceptional situation exists in the event of Force Majeure or another Comparable Event.

11.3. “Force Majeure” is an external, unforeseeable event lacking operational or personal connection, not attributable to either party and unavoidable even with utmost reasonable diligence—e.g. natural disasters and their consequences, war, terrorist attacks, pandemics, endemics, and disruptions to transport, supply or telecommunications networks causing major impairments, as well as legal provisions, official measures or urgent official warnings preventing the Event from being staged as planned.

11.4. “Comparable Events” include unforeseeable lawful strikes or lockouts and other operational disruptions for which the parties are not responsible.

11.5. An event is “unforeseeable” if, at the time of contract conclusion, reasonable assessment of existing indications and the event date did not allow a sufficiently probable assumption that Force Majeure or a Comparable Event would occur.

11.6. A justified exceptional situation also exists if, at the time Mobile Seasons adopts measures under Clause 11.1 a) to e), a Force Majeure or Comparable Event is sufficiently probable at the scheduled date - e.g. an anticipated new pandemic wave after an earlier exceptional situation had subsided.

11.7. In cases of Cancellation under Clause 11.1 a):

a) Mobile Seasons shall inform the Participant without delay.

b) Mobile Seasons’ claim to the ticket price lapses; payments already made are refunded.

c) Claims for damages are excluded absent fault on the part of Mobile Seasons; where fault exists, Clause 10 applies.

11.8. In cases of Relocation, Postponement or Reduction under Clause 11.1 b) to d):

a) Mobile Seasons shall notify the Participant without delay.

b) The participation contract is amended to the new venue, period or duration unless the Participant objects within fourteen (14) working days of receiving the notice.

c) Upon objection the payment claim lapses; payments already made are refunded unless Mobile Seasons offers an alternative refund (e.g. voucher).

d) Damages claims are excluded absent fault; where fault exists, Clause 9 applies.

11.9. In cases of Abort under Clause 11.1 e):

a) Mobile Seasons’s payment claim lapses pro rata for the aborted portion. The Participant is entitled to a refund unless an alternative refund is offered (e.g. voucher).

b) Damages claims are excluded absent fault; where fault exists, Clause 10 applies.

11.10. Irrespective of the foregoing provisions, Mobile Seasons may cancel the Event up to six (6) weeks before its scheduled date and terminate participation contracts if financial feasibility cannot be achieved or if the registration status of exhibitors and participants indicates that the Event’s essential purpose cannot be met. The period may be shorter where the type of Event allows later cancellation. In such cases:

a) Mobile Seasons’s claim to the ticket price lapses; payments already made are refunded unless Mobile Seasons offers an alternative refund (e.g. voucher).

b) Participants have no claim to reimbursement of expenses already incurred for attending the Event.

c) Claims for damages are excluded absent fault on the part of Mobile Seasons; where fault exists, Clause 10 applies.

12 Cancellation of the attendance event with hybrid events

If, in a hybrid event, the on-site element cannot take place or is modified for reasons set out in Clause 11.1 a) or b) or in Clause 11.10, Clauses 11.7, 11.8, 11.9 and 11.10 apply only to the on-site element. The right to participate in the digital element remains unaffected; Mobile Seasons retains its (pro rata) payment claim for participation in the digital element.

13 Additions and changes of GTC

Mobile Seasons shall be entitled, with good cause (in particular, changes to statutory provisions), to make changes to these GTCs and to notify the Purchaser of such changes by email. Any such changes shall be deemed agreed by the Purchaser unless the Purchaser objects to the changed GTC by in writing or by email within four weeks of being notified thereof. The changes shall be deemed approved if the Purchaser has not objected to them in due time, provided Purchaser has been expressly informed about the legal consequences from a lack of objection. An objection entitles Mobile Seasons to extraordinary termination of the contractual relationship.

14 Online-dispute resolution platform, consumer arbitration board

14.1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. The contact data of Mobile Seasons including the email address are deposited in the masthead of the website of the event.

14.2. Mobile Seasons is neither obliged, nor willing to take part in the out-of-court online dispute resolution (ODR platform) or in a dispute settlement procedure before a consumer arbitration board pursuant to the German Consumer Disputes Settlement Act [Verbraucherstreitbeilegungsgesetz - VSBG].

15 Miscellaneous

15.1. Where these GTC or a Ticket Shop are provided in a language other than English, the Englisch version prevails in case of doubt as to interpretation.

15.2. Relations between the Purchaser or Participant and Mobile Seasons are governed exclusively by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

15.3. Declarations by the Purchaser referring to divergent or own terms and conditions do not apply unless Mobile Seasons expressly agrees to their validity. They shall not apply even if Mobile Seasons performs its services without objection, including where the Purchaser prescribes a special form for objection.

15.4. Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is Berlin, provided the Purchaser or Participant is a merchant, a legal entity under public law, a public-law special fund, or if at least one party has no general place of jurisdiction in Germany.

15.5. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by provisions that most closely reflect the parties’ intended purpose.