Status 2025
1. General information 1.1 The following terms and conditions shall exclusively govern the offers, deliveries and services of step one. All deliveries, services and offers of step one GmbH (hereinafter referred to as “step one”) shall be made exclusively on the basis of these General Terms and Conditions (hereinafter referred to as “GTC”). These shall be an integral part of all contracts that step one concludes with its contractual partners and clients (hereinafter referred to as “clients”) for the deliveries or services offered by step one (hereinafter also referred to as “project” or “projects”/‘event’ or “events”). They shall also apply to all future deliveries, services or offers to the customer even if they are not separately agreed again. The GTC shall only apply if the customer is an entrepreneur (Section 14 of the German Civil Code (BGB)), a legal entity under public law or a special fund under public law. 1.2 General terms and conditions of the client shall only become part of the contract if they are recognized by step one in writing. 2. Conclusion of contract 2.1 Upon request, step one shall send the client a legally binding offer to conclude a contract. The contract is concluded when the client signs the offer or when the contractor confirms the order in writing. 2.2 If offers are prepared according to the client's specifications and the documents provided by the client or the respective exhibition management, step one shall not be liable for the correctness and suitability of these documents, unless their incorrectness and unsuitability is not recognized intentionally or due to gross negligence. 3. Prices 3.1 The offer prices are only valid for undivided orders. This applies in particular with regard to price calculations that contain price reductions with regard to multiple or multi-year use, if such price reductions have been indicated in the offer. 3.2 All prices and price quotations shall be understood to be in EURO without statutory taxes and duties and without any other ancillary public charges that may be incurred, even if they are not expressly designated as such. All prices are ex works from the registered office of step one excluding packaging, transportation costs and customs duties, unless these are expressly included in the offer. 3.3 Services not estimated in the offer that are carried out at the request of the client or additional expenses that are caused by incorrect information provided by the client, by transport delays through no fault of the client or by advance services of third parties that are not carried out on time or professionally, as far as they are not representatives of step one, shall be charged to the client additionally. The same shall apply if a change in execution is necessary to achieve the purpose of the contract. The amount of the additional remuneration incurred shall be determined according to the costs actually required with reasonable surcharges for general business costs, risk and profit. 3.4 In the event of an increase in material and raw material prices, manufacturing and transportation costs of 10% or more compared to the offer prices, which occurs at the earliest 3 months after the conclusion of the contract, step one shall be entitled to adjust the remuneration according to the costs actually required with reasonable additional charges for general business costs, risk and profit. 3.5 Unless expressly agreed otherwise, stand costs such as storage of full and empty stands, forklifts, scissor lifts, waste disposal and waste, recycling on site, stand deliveries are not included in the offer and will be invoiced directly or according to actual receipts. Stand cleaning is the responsibility of the client. 4. Transport / packaging / deadlines / insurance 4.1 The shipment of materials shall always be at the expense and risk of the customer, unless otherwise agreed. If no special instructions have been given, step one shall determine the shipment at its discretion without responsibility for special packaging or the cheapest and fastest route. If the customer's exhibits are to be (also) transported, the above provisions shall apply accordingly. 4.2 Unless otherwise agreed, step one shall be entitled, but not obligated, to take out transport insurance, the costs of which are to be borne by the client. This shall also apply if the client's exhibits are transported. In any case, the client is responsible for the costs of any desired transport insurance. Furthermore, it shall be the responsibility of the client to insure its stand against damage during the construction or dismantling period and for the duration of the exhibition, unless expressly agreed otherwise. 4.3 Items of the customer that are required for the provision of services by step one must be delivered free domicile or to the location specified by step one on the agreed date. The return delivery of such parts shall be made carriage forward from the place of use at the customer's risk. Exhibits, customer materials and media technology provided by the customer and already stored at step one must be insured separately by the customer for the duration of the event. The same shall apply if the customer brings their own exhibits to the event. If security is required, this must be ordered additionally by the client for a fee. 4.4 Graphics are stored as disassembled, without visual inspection. Material and ink manufacturers do not guarantee consistent quality for the duration of storage. For this reason, we cannot guarantee with certainty that they can be reinstalled after the storage period. 4.5 Any loss during transportation or loss of the delivered materials at the place of use for which step one is not responsible shall be borne by the customer. 4.6 Compliance with the deadline and performance obligation by step one requires that the client fulfills its contractual obligations, in particular the payment obligations, in a timely and proper manner. 5. Acceptance / transfer of risk 5.1 The client shall be obliged to accept step one's performance on the completion date specified by step one. 5.2 Acceptance shall take place regularly on the occasion of dress rehearsals or trial runs and booth handovers. This does not apply to planning services, which are meant to be completed and ready for acceptance as soon as they are received by the client. 5.3 Any outstanding partial services or the rectification of defects shall be made up for or rectified as quickly as possible. Provided that they do not significantly impair the function of the object of performance, they shall not entitle the customer to refuse acceptance. 5.4 If step one's performance cannot be made available to the customer for reasons for which the customer is responsible, the risk shall pass to the customer on the day of receipt of the notice of completion. The performance of step one shall then be considered fulfilled. 6 Cancellation / withdrawal by the client 6.1 The client may withdraw from the order up to the start of the event by submitting a declaration in text form to step one (cancellation). 6.2 Obligation to pay compensation in the event of withdrawal, loss of profit: In the event of withdrawal by the client - without step one having given an important reason for this - step one can demand appropriate compensation for the services rendered, including the loss of profit and its expenses, whereby the services rendered also include claims of third parties that step one has commissioned in reliance on the execution of the contract, including any cancellation fees to be paid to third parties. With regard to the loss of profit for the part of the work not yet performed, step one shall generally be entitled to 5% of the remuneration due for this part, unless the client proves that only a smaller amount has actually been lost. Conversely, step one shall be at liberty to prove that step one is entitled to a higher lost amount. 6.3 Recalculation of discounts for multiple use: If a service over several contractual years or a multiple assignment has been agreed with the client, step one shall also be entitled, in the event of a withdrawal by the client - without step one having given an important reason for this - before the last event still to be carried out in accordance with the contract, unless otherwise agreed, to charge the client in full for services rendered for which step one has granted discounts marked in the offer in reliance on a multiple or multi-year assignment and to invoice the client for these discounts as part of the claim for compensation. In this case, the basis for calculating the lost profit is the remuneration without the discounts granted. 6.4 Flat-rate replacement: Instead of the concrete calculation of the compensation for the withdrawal, step one may, at its discretion, assert the following flat-rate claim for withdrawal fees, taking into account the expenses usually saved. The flat-rate withdrawal costs shall then amount to:
The basis of calculation shall be the remuneration agreed with the client plus VAT less any expenses saved (e.g. travel costs, accommodation, meals, etc.). The customer shall be at liberty to prove that no or lower costs were incurred in connection with the withdrawal than the costs stated by step one in the lump sum. 6.5 The right to terminate for good cause remains unaffected. The prerequisite is that a written request to remedy the good cause has been made within a reasonable period of time and the deadline has expired without result. Good cause shall be deemed to exist in particular if the client has persistently or grossly violated its contractual obligations and, in particular, has not properly met its payment obligations despite being requested to do so. 7. Warranty 7.1 The warranty shall be governed by the provisions of the German Civil Code on contracts for work and services, and in the case of rental agreements, by the provisions of the rental agreement, unless otherwise agreed in these General Terms and Conditions. 7.2 The client shall be obliged to inspect the services of step one upon acceptance and to report any defects immediately. If, despite careful inspection, a defect only becomes apparent later, it must be reported immediately. 7.3 If the notice of defects is late or if reservations were not made at the time of acceptance due to known defects, the warranty claims shall lapse completely. The same shall apply if the customer makes changes himself or makes it unreasonably difficult for step one to determine the defects. 7.4 The warranty does not extend to defects caused by natural wear and tear, moisture, excessive heating, improper handling or improper storage. In the same way, the warranty does not extend to reasonable deviations in shape, dimensions, color and quality of the material, provided that the suitability for use does not otherwise cease to apply. 7.5 Subject to the provision in 7.6, the customer may only demand rectification in the form of subsequent performance. The type and manner of the appropriate rectification shall be at the discretion of step one, which shall also be free to provide a replacement delivery at any time. 7.6 Only if the subsequent performance fails - which is assumed to be the case after two failed attempts due to the same defect - can the client assert further claims, in particular for reduction or withdrawal. 7.7 step one may refuse to remedy defects as long as the customer has not properly fulfilled its contractual obligations, in particular its payment obligations.
8. Liability, liability for third-party companies, customer's material 8.1 No liability shall be assumed for defective deliveries or services of external companies engaged on behalf of the client, unless step one is proven to have intentionally or grossly negligently breached its duty of care in the selection and supervision of the external companies. 8.2 Unless safekeeping has been expressly agreed in writing, step one shall not be liable for items brought in by the client, unless step one has caused the damage or destruction of the items through intentional or grossly negligent action. 8.3 Claims for compensation for damages of any kind, including damages that have not occurred to the delivery item itself, for example due to delay or breach of duty, shall be excluded unless the damage was caused by intentional or grossly negligent action on the part of step one and provided that the exclusion of claims for compensation does not frustrate or jeopardize the performance of the contract. The limitation of liability shall apply to the same extent to step one's vicarious agents and assistants. Claims for damages arising from injury to life, body and health as well as claims under the Product Liability Act shall remain unaffected by this. 9. Special obligations of the client and liability for rent 9.1 The client must treat the rented items with care and report any damage immediately. Subletting or transfer to third parties is not permitted. Rented items shall only be made available for the agreed purpose and only for the duration of the rental period. 9.2 The client must check the rented items for proper condition, roadworthiness and completeness upon handover. 9.3 The client shall be liable to step one for all items lent or rented to it, including the exhibition stand, in the total amount of the restoration costs (in the event of repairable damage) or in the amount of the new purchase value (in the event of destruction or loss). Further claims for damages and claims for rent or compensation for use remain unaffected. 9.4 The client is obliged to insure the rental items against all risks at his own expense. 10. Property rights 10.1 All industrial property rights (copyrights and ancillary copyrights, trademark rights, competition law ancillary copyrights, patent rights) arising in connection with the services to be provided by step one or its employees or third parties commissioned by it - also on behalf of the client - shall remain exclusively with step one, unless expressly agreed otherwise. The transfer of rights of use and exploitation shall require a written agreement and shall always apply only to the specific event. Changes to concepts, drafts, etc. may only be made by step one or persons expressly authorized by step one.10.2 The client shall only be entitled to use step one's concepts, drafts, etc. for its own purposes in accordance with the contract; reproductions shall only be permitted with step one's express written consent. Print templates, work films, samples, open files and graphics produced by step one or on its behalf shall remain the property of step one, even if they are charged to the client. 10.3 With regard to the execution of orders according to the information or documents provided by the customer, the customer shall guarantee that the production and delivery of the services carried out according to its information and documents does not infringe the property rights of third parties. step one shall not be obliged to check whether the information or documents provided by the customer for the provision of services infringe or may infringe the property rights of third parties. The customer shall be obliged to immediately indemnify step one against all possible claims for damages by third parties and to pay for all damages arising from the infringement of property rights and - if requested - to make advance payments. 10.4 step one is entitled to record the event and to use the recordings together with background information about the project for the purposes of documentation and its own PR. 11. Storage of documents step one shall retain the documents relating to the order for a period of 6 months from the date of the event. If original documents (data carriers, slides, etc.) are provided, the client undertakes to make backup duplicates. step one shall not assume any liability for originals of the client that are not reclaimed within one month after completion of the order. 12. Terms of payment 12.1 Unless otherwise agreed, invoice amounts are due for payment immediately upon receipt of the invoice. 12.2 In addition, step one shall be entitled to demand reasonable advance payments to cover its expenses. 12.3 In the event of default of payment, step one shall also be entitled to withdraw from the contract and to claim damages for non-performance after setting a deadline with a threat of refusal. 12.4 In the event of default of payment after setting a deadline, step one shall also be entitled to terminate the tenancy agreement without notice with immediate effect and to prohibit the tenant from further use in the case of rental stands for important reasons. Furthermore, step one reserves the right to assert the landlord's lien. 13. Offsetting and assignment 13.1 The client may only offset undisputed or legally established counterclaims. This shall not apply if the claim originates from the same contractual relationship against which the set-off is to be made. 13.2 The rights of the client arising from the contractual relationship shall only be transferable with the prior consent of step one. 14. Data protection step one shall use the personal data insofar as this is necessary for the provision of the contractual services. The stored personal data shall be treated confidentially by step one and in accordance with the GDPR and the BDSG. The client can find detailed information on the handling of personal data by step one in the privacy policy at https://www.stepone-hamburg.de/en/privacy-1. 15. Force majeure In cases of force majeure, such as in particular fire damage, floods, strikes, lawful lockouts and epidemics (including epidemics and pandemics) insofar as a risk level of at least “moderate” has been determined by the Robert Koch Institute, the contracting party affected by this shall be released from the obligation to deliver or accept for the duration and to the extent of the impact. The customer may withdraw from the unfulfilled part of the contract if he cannot reasonably be expected to wait any longer and step one declares that it will not be able to fulfill the contract completely in the foreseeable future. step one is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled, if a longer waiting period cannot be reasonably expected. If fulfillment of the contract becomes impossible due to the abovementioned disruptions, both parties are entitled to withdraw from the contract. In these cases of withdrawal due to force majeure, step one may demand reimbursement or compensation for the costs incurred up to that point that cannot be canceled (including travel expenses, accommodation, etc.), the services already rendered and the necessary and non-cancelable payments to be made to subcontractors. Further claims for damages are excluded on both sides. 16. Consumer arbitration a. The European Commission has set up an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from sales and service contracts concluded online. You can access the platform via the following link: http://ec.europa.eu/consumers/odr b. step one does not participate in consumer arbitration proceedings under the Consumer Dispute Settlement Act 17. Place of fulfillment and jurisdiction 17.1 The place of performance and jurisdiction for all disputes arising between the parties from the contractual relationship is Quickborn, provided the customer is a registered merchant, a legal entity under public law or a special fund under public law. 17.2 The contractual relationship shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 18. Final provisions Should any provision of these terms and conditions be invalid or void, this shall not affect the validity of the remaining provisions.