GENERAL BOOKING TERMS AND CONDITIONS FOR CLOUDFEST EVENTS
The following Booking Terms and Conditions from WorldHostingDays 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 assented to in writing by us.
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 on +49 2203 / 9934 5900.
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.
Full payment is required within 15 working days following our booking confirmation via credit card or PayPal. If we do not receive payment within that stated time period we reserve the right to cancel your booking and to refuse your attendance to the conference and (where applicable) clear your bookings for accommodation. The same is true in case of failed or withdrawn payments. Please be informed that we charge damages for delayed payments at a rate of 8% above the German Base. We retain the right to prove higher damages and consequently allow you to verify that the delay of payment caused no or little damage only. 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 fulfilment 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.
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 to cancellations for reasons beyond our control such as governmental restrictions, natural disasters, strikes but also technical and/or mechanical problems, in cases of speakers’ incapability or in cases of lack of attendance. In these cases you will receive a reimbursement of your booking payments.
Changes of billing address will be charged with a 50,00 EUR fee.
Irrespective of the legal basis, we shall only be held liable in accordance with the following provisions:
We shall be liable in cases of willful 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, attorney’s fees, indirect losses and lost profits. Any liability awarded under this clause shall be limited to the total amount paid by you to WorldHostingDays GmbH during the twelve (12) months period immediately processing the claim. No claim shall be made or be enforceable unless written notice of such claim, with reasonable particulars, is given to WorldHostingDays GmbH within a period of twelve (12) months from the respective Event Date. 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.
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. You hereby grant to Cloudfest a non-exclusive, license to use, reproduce, distribute, publicly display and publicly perform (in digital or analog formats) any intellectual properties owned and provided by you, including but not limited to domain names, trademarks, logos and other branding elements or content on any promotional materials, our websites, press releases, or as otherwise permitted by you.
NO WARRANTY, DISCLAIMER OF LIABILITY, INDEMNITY
All our conferences are prepared and conducted by qualified speakers. We assume no 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. You acknowledges that live event content including, but not limited to, speakers, sponsors, and media coverage, is subject to change without notice. We assumes no liability should there be a deviation from attendance or any other projections and/or a change in live event content. We will not be responsible for your lost, stolen, or damaged property at our conferences. You agree to be wholly responsible for protecting your property, including the monitoring, securing and insuring all of your property at your own expense.
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.
We reserve the right to change these terms at our sole discretion. When our terms are changed we will notify you by email or by publishing details of our changes by including them in these terms. If any provision of these terms is held to be invalid, we shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality or, at our sole discretion, may sever this provision from these terms and the remaining provisions shall nevertheless remain in full force and effect.
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.
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 firstname.lastname@example.org or on +49 2203 / 9934 5900. 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 WorldHostingDays.
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 email@example.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 cancelled 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.
We require all attendees and guests to behave professionally and appropriate. House rules may be published and applicable on 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.