Terms of Service

NOVA ITINERA GmbH
Brandvorwerkstraße 89
D-04275 Leipzig
Managing director: Olaf Jäger

Phone: +49 (0)341-30 82 11 06
Fax:       +49 (0)341-30 82 11 07
Web: www.nova-itinera.de
Email: desire@nova-itinera.de

General Terms and Conditions

1. Coverage
Below our contract partners are denoted as customers and the firm Nova Itinera GmbH is denoted as Nova Itinera.
The conditions given below are part of all contracts into which customers and Nova Itinera will enter without Nova Itinera requiring an explicit objection to possibly differing contract conditions or customer’s restrictions. Customer’s general terms and conditions as well as side-agreements only apply insofar as Nova Itinera has explicitly  consented in writing.

2. Offer/ Conclusion of Contract/ Prices

2.1
Offers to customers by Nova Itinera are non-binding with a temporary price stability unless otherwise explicitly specified in writing. The prices stated by Nova Itinera in advertisements and on the Internet are subject to change without notice. Declarations of acceptance and orders by customers shall be in writing only.
A written confirmation of order by Nova Itinera is necessary for a contract conclusion.

2.2
Employees and freelancers of Nova Itinera are not authorised to make parol side-agreements or to give parol confirmations beyond the content of the written contract.

2.3
VAT, freight, postage and packing as well as possible insurances are not included in the prices stated by Nova Itinera. All procedures of application and authorisation as well as fees (e.g. Ordnungsamt, GEMA/GVI, etc.) go at the expense of the customer.

3. Scope of Services

3.1
The scope of services by Nova Itinera depends on the written cost estimate.

3.2.
Nova Itinera has the right to resort to subcontract services to fulfil the contractual obligation.

3.3
In case placed artists cancel due to illness after offer submission/contract conclusion, Nova Itinera reserves the right to choose equal substitute artists.

4. Delivery and Service / Customer Co-operation

The compliance with contractual services and supply by Nova Itinera, especially concerning firm deals, requires the proper fulfilment of the customer’s contractual obligation like the delivery of relevant documents in due time.
In case a customer does not fulfil their contractual obligations, Nova Itinera has the right to claim compensation.

5. Devices and Premises

5.1
Nova Itinera has the right to claim the net price for the service as contracted in case of a blackout during an event and other premature termination of the same that is not caused by Nova Itinera.

5.2
In case the customer provides the premises for the event, they are obligated to insure the premises and the event sufficiently on their costs. Furthermore the customer is obligated to prove the insurance by providing the corresponding documents.
In this case the customer is liable for the safety and integrity of all participating persons and devices used for the event.

6. Payment /Deposit/ Compensation

6.1
Unless otherwise agreed, full payment is due immediately after invoice. Furthermore payment conditions, also in terms of a deposit, apply as individually quoted by Nova Itinera.

6.2
The customer is only able to compensate with claims established as final and absolute.   

7. Delivery and Service into Foreign Countries

In case of delivieries or services into or in a foreign country, customers must pay all costs and fees thereby incurred.This applies particularly to customs declarations and clearance, air freight, transport by land and sea, import licence, veterinary and plant protection certificates, pro forma invoices, labour costs, costs for accomodation, expense charges, potential compensations by hour, visa fees and local transfer. The exemption from customs duties must be procured by the customer.

8. Nova Itinera’s Right of Withdrawal

Nova Itinera has the right to withdraw from the contract
(a) if the customer is unable to pay the fees, or
(b) if the customer is lacking in co-operation (that includes compliance of payment conditions) which is necessary to conduct the event, or
(c) if artists cancel or systems fail without Nova Itinera being able to reasonably provide adequate replacement at the same pay.
In these cases customers have to indemnify Nova Itinera reasonably.
In case of a withdrawal by Nova Itinera, indemnity claims by customers are excluded.

9. Order Cancellation by Customer

In case customers cancel the order after contract conclusion for reasons Nova Itinera is not accountable for, the following cancellation fees will be charged:

Cancellation up to three months prior to event 70%
Cancellation up to two weeks prior to event 80%
Cancellation within two weeks prior to event 100%

The percentage refers to the agreed net price for service including all costs immediately involved (accomodation and travel costs of artists, hostess and promoters).

10. Copyright / Non-disclosure

10.1
Concepts, drafts and blueprints are completely protected by copyright in favour of Nova Itinera. Any plagiarism even from small details or parts of Nova Itinera’s work is forbidden and causes indemnity claims.

10.2
Nova Itinera and customers are obliged to mutual non-disclosure of confidential information and firm secrets that have become known during contract implementation. Non-disclosure aggreements apply  beyond the term of the business relation.    

11. Exhibition Stand Construction/ Store Construction/ Design and Construction of Showrooms

11.1
Nova Itinera’s offer is worked out according to the customer’s specifications and documents provided by them or the respective exhibition management.
Customers are liable for the accuracy of the specifications.


11.2
Concepts and assembly documents worked out by Nova Itinera a property of the same. Amendments may only be made upon approval by Nova Itinera. Without Nova Itinera’s approval they may neither be copied nor made accessible to a third party. In case of an infringement Nova Itinera has the right to claim 40 % of the contract amount for indemnity from the customer. In case of not placing an order, worked out documents and concepts shall be returned to Nova Itinera immediately. Section 10.1 shall apply accordingly.

11.3
Should reasons which are not caused by Nova Itinera lead to delays in work commencement or completion, Nova Itinera has the right to charge extra costs separately for additional expenses. This applies especially if exhibition organisers cannot assure the provided assembling time of three days due to not providing the necessary exhibition space in time.

11.4
Customers have the right to use planning and concept services only once. In case of a repeated use of Nova Itinera-designed exhibition stands, showrooms, stores or shops by customers without Nova Itinera being commissioned with its assembly and disassembly, Nova Itinera only grants right of use in return of further - separately agreed -  compensation.

11.5
Acceptance is always due ten hours prior to exhibition start. In case a customer or their appointed agent - although informed - will not appear at the date of acceptance, the service is considered as accepted.

11.6
Refusal of acceptance applies only in case of major defects or shortcommings.

11.7
In case customers do not comply with their contract duties (acceptance) and Nova Itinera claims indemnity for non-fulfilment, Nova Itinera can claim 40% (60% in case of a rental or lease) of the contract amount.
Customers reserve the right to prove that a minor damage incurred; Nova Itinera reserves the right to prove and enforce claims of major damage.

12. Liability and Warranty

12.1
Nova Itinera shall only be liable to customers for damages caused by contract and forbidden acts if Nova Itinera (i.e. its employee, manager or agent) acted by wilful intent or gross negligence.
This disclaiming of liability does not apply for indemnity claims for damages to body, life or health, that result from warranting by Nova Itinera or product liability law.
The amount of compensation is always limited to the amount of the agreed price of service.

12.2
In case of damages were caused by subcontractors of Nova Itinera or placed artists, Nova Itinera is only liable for wilful intent or gross negligence. The scope of liability is limited to Nova Itinera assigning its own indemnity claims against subcontractors and placed artists respectively and supporting the customers’ enforcement of claims.

12.3
Concerning delivieries of goods Nova Itinera is only liable for wilful intent or gross negligence.In this case the scope of liability is limited to the value of goods.
In case suppliers - without Nova Itinera’s fault - should not deliver or served duly with the effect of Nova Itinera not being able to fulfil its service according to the contract, Nova Itinera shall only be liable to customers inasmuch as it shall assign its own indemnity claims against suppliers to the customer and support their enforcement of claims.

12.4
A guarantee of success event and a liability for liking of the event respectively by Nova Itinera is excluded. Nova Itinera is further not liable for fitness or availability of the respective locations, for the correctness of information provided by the location operator as well as for the qualification of staff (promoters, hostess etc.).
Furthermore, Nova Itinera shall not be liable for damages connected with the use of the location.

12.5
Nova Iitinera is not liable for claims which are laid on the customer in connection with the event, in particular neither for court and lawer fees of the customer nor for other claims of a third party.

13. Final Clause / Severablity Clause

Amendment of terms shall be in writing only. Should any provisons of these terms be or become null and void, the remaining provisions shall remain uneffected. The invalid provisions shall be replaced by a substitute regulation that will approximate the purpose of the invalid provision.

14. Court of Jurisdiction

Court of Jurisdiction is Leipzig, Germany, provided that both contract partners are registered traders or legal entities under public law. However, Nova Itinera reserves the right to sue customers at their local or companies court.

15. Place of Performance

Place of performance is Nova Itinera’s office, Leipzig.

16. Applicable Law

These Terms and Conditions will be interpreted in accordance with the courts of the Federal Republic of Germany. The application of the uniform law on the international sale of goods is excluded.

Date: January 2011

Contact

Nova Itinera Service GmbH & Co. KG
Congress- and event management 

Postal address:
Letterbox 30 11 80
D-04251 Leipzig – Germany
Phone: +49 (0)341/30 82 11 06
Fax:     +49 (0)341/30 82 11 07
Mobil:  +49 (0)163/26 51 11 5

E-Mail: desire@nova-itinera.de

Visitors address:
Brandvorwerkstraße 89
D-04275 Leipzig - Germany

Office hours:
Monday – Thursday
08.30 – 17.00
Friday
08.30 – 15.30
(individual contact times by arrangement)