Terms & Conditions
The vivawasser.de AG with its registered office in the Ringstrasse 19 in 24114 Kiel
HGB: 7012, Kiel
Represented by the Managing Director Michael Münzer and the Supervisory Board Dr. Erich Münzer
Operates the Internet portal vivafair under the Internet addresses www.vivafair.de and www.vivafair.com also called vivafair.
The Internet portal „vivafair“ conveys to the user, i.e. Exhibitors, presenters, as well as companies, natural and legal persons through a tender procedure services on the subject of trade fairs.
Service providers can register on the portal of vivafair and then participate in the tenders of the users and offer their services.
The use of vivafair creates a contractual relationship between the user and vivafair. The registration creates a contractual relationship between the service provider and vivafair.
The contractual relationship is regulated in the General Terms and Conditions.
Users of vivafair, e.g. Exhibitors are free to submit tenders for services and / or products. On the basis of the services and products described, Vivafair writes the inquiry among the listed service providers / suppliers, e.g. (Other term stand builder).
The prerequisite for free mediation to the service providers is that the user really wants to purchase the services or the products to be advertised and who have not requested or ordered them elsewhere, in order to ensure a regular and fair invitation to tender. If the service or the product has already been requested or ordered otherwise, vivafair is to be informed immediately. There is no compulsion for the user to commission a selected service provider. General Terms of Business
1.1. The following general terms and conditions (hereinafter referred to as „GTC“) apply in their version valid at the time of the request. Deviating conditions of the user or service provider are not recognized, unless vivafair expressly agrees to their validity in writing. A missing contradiction of foreign GTC does not represent consent.
2.1. A contract for the provision of offers from service providers shall be concluded if: The user of vivafair is asking for a product or service, e.g. Stand construction /fair stand builder. The placing of the request is free of charge and non-binding for the user.
2.2. After making a request from the user, the vivafair service team will contact the user by telephone or e-mail to mutually specify the request. The request for the tender will then be submitted. The service providers apply for the tender. Up to three service providers are presented to the user. If necessary, An employee of the vivafair service team will ask the user at a later stage whether he has already received three offers from the service providers presented.
3.1. The service providers submit appropriate offers to the user for their inquiry and contact him by telephone or e-mail. Before the user receives an offer, the service provider can ask for further information or prepare the offer submission through other activities. The aim of vivafair is to achieve the best possible quality of service, so that the user can only receive offers that correspond to his budget and are individually tailored to his needs.
3.2. Vivafair ensures by various measures that the user receives as quickly as possible acceptable offers from up to three service providers. The lead time until the receipt of an offer depends on the complexity of the tender and the processing times of the respective service provider.
3.3. Only service providers who are registered and who are members of the network provider have the possibility to make offers to the user. The prerequisite for membership in the network is the fulfilment of the conditions set by vivafair, including compliance with all legal conditions and required quality standards. However, Vivafair cannot fully assess nor guarantee the suitability of any service provider. For this reason, the user is responsible for the suitability test of the service provider, as would be the case with a general tender without vivafair.
3.4. The user decides for himself from which service provider he accepts the offer by means of his own criteria. Vivafair is not part, partner and party involved in the contract between users and service providers.
With the provision of the contact data to the service provider, the service is provided and a claim for payment of the vivafair arises. A further service can be refused if the service provider is in default with its payment.
5.1. The personal data of the user (details of the inquiry and contact data) are only forwarded by vivafair to the service providers, if the user has granted his consent by using the portal. Data transfer to other third parties is not permitted.
5.2. The collection, processing and storage of data takes place exclusively according to the provisions of the German data protection act. The data protection declaration can be found on the website of vivafair.
6.1. The mediation service of vivafair is free for the user. However, the user is obligated to communicate whether a contract has been concluded with the service provider. The user is asked to evaluate the service of the selected service provider.
6.2. The service of vivafair can be used by all natural and legal persons who are fully qualified for business. Natural persons who have not reached the age of 18 are not permitted. If the user makes a request for a legal person, he also assures his or her right to represent them.
7.1. Vivafair can neither guarantee the condition of a contract, nor the successful execution of the contract between the user and the service provider. Vivafair can also not guarantee that a suitable service provider is found for each request. The warranty of vivafair is excluded.
7.2. Vivafair is not responsible for any breaches of obligations arising from a possible contractual relationship between the user and the service provider.
8.1. The following exclusions and limitations of liability apply to liability for damages without prejudice to the other legal requirements.
8.2. Vivafair is only liable to the extent that the cause of the damage is based on intent or gross negligence.
8.3. Insofar as the liability of vivafair is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents. 9. Copyright and other proprietary rights
9.1 All documents and ideas resulting from the operation remain the intellectual property of vivafair.
10.1. Vivafair reserves the right to change the terms and conditions at any time without giving any reasons.
10.2 Jurisdiction and place of performance shall be the domicile of vivafair, i.e. Kiel, if the customer is a merchant, a legal person of public law or a public-law special fund.
10.3 Collateral agreements of an oral nature to these General Terms and Conditions are not met. Amendments and additions to the General Terms and Conditions must be in writing. This also applies to the amendment of this font clause.
10.4. The law of the Federal Republic of Germany applies, as long as there are no compulsory consumer protection regulations.
Should individual provisions of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. The possible gaps should be fulfilled in such a way that the purpose and purpose of the GTC are maintained.