GENERAL TERMS + CONDITIONS FOR AVANT PREMIÈRE 2019
Avant Première Music + Media Market Berlin (short: Avant Première), taking place at Hotel Scandic Berlin Potsdamer Platz from 9-13 February 2019, is hosted by the IMZ International Music + Media Centre, Stiftgasse 29, 1070 Vienna, Austria (short: IMZ).
These General Terms and Conditions (GTC) as amended from time to time shall apply to all current and future contractual relationships arising out of the registration for and participation at the Avant Première, even if they are not expressly referred to in a specific case. The GTC version applicable at the time of conclusion of a contract shall be relevant. Any deviating, conflicting or supplementary GTC shall become no part of the Agreement, even if they are known. IMZ hereby expressly objects to GTC of the customer. The customer shall be informed about amendments to the GTC; they shall be deemed agreed unless the customer objects to the amended GTC in writing within 14 days; in the notification the customer will be expressly informed about the consequence of silence on his part.
Necessary prerequisite for a
- successful registration to and participation at the event,
- successful film submission and subsequent presentation at the Avant Première Screenings
- successful film submission and subsequent presentation at the Avant Première Market and/or Special Screenings
- performance of the sponsorship and/or booth contract
- performance of other (potential additional) contractual obligations (e.g. Individual Presentation Rooms, Meetings Desks, Avant Première Talks et al).
is the registered person's consent to the General Terms and Conditions for Avant Première as stated below.
Every breach of the conditions of participation as well as any disregard for security regulations can result in the termination of the respective contract (e.g. withdrawal of registration, the rejection of submitted film material for screening et al.) and immediate exclusion from all events by the IMZ. The IMZ reserves the right to assert additional rights.
2.1. Registration deadlines are published on the Avant Première website (www.avant-premiere.net). The IMZ reserves the right to accept or reject a registration and will in this instance give notice to the registering party (company or individual).
2.2. Validity of Registration
A registration is only valid if submitted via the online registration form on the Avant Première website or done directly on location and after payment confirmation through the IMZ. A registration is linked to the registered persons and is non-transferable to other individuals. A confirmed registration allows access to all Avant Première Screenings as well as to conference programmes and events, except for programme items requiring an additional registration and subsequent confirmation by the IMZ as set forth on the Avant Première website (e.g. One-on-One Expert Session et al.).
2.3. Badges + Tickets
Walk-up tickets and badges as well as badges and tickets due to pre-registration will be available at the entrance to Avant Première at Hotel Scandic Berlin Potsdamer Platz, Gabriele-Tergit-Promenade 19, 10963 Berlin, Germany from Sunday 10 February 2019, 9:00 AM. Badges and tickets will be handed out upon presentation of valid personal identification and confirmation of registration.
Any company or person with outstanding debts towards the IMZ will be refused registration and access to Avant Première until debts are settled.
2.4. Loss + Replacement
Over the entire duration of Avant Première, a badge or ticket is required to access the event areas. Security/IMZ personnel can refuse access to persons without ticket or badge. Tickets or badges used by persons other than the registration holder will be confiscated. Loss or theft of tickets and badges must be reported to the IMZ staff. The issuance of a new ticket or badge may result in additional costs. The IMZ reserves the right to deny issuance of a replacement ticket or badge. Day Passes are non-replaceable.
2.5. Payment + Cancellation
After the online registration is submitted, participants will receive a summary of the registration details including the gross amount to be paid. Confirmation, invoice and additional information will be sent by the IMZ within a maximum of 14 days after submission.
Any payment prior to the event is accepted only via bank transfer or credit card. Expenses and transaction fees are to be paid by the submitter. On-site payment is possible in cash or by credit card (with no extra fees). Invoices are to be paid upon receipt within a maximum of 14 days. A registration is valid only after the IMZ has confirmed receipt of payment.
Cancellation: So as to be considered valid issuing a refund, the IMZ must receive notification of cancellation of an Avant Première registration in writing within 3 weeks after the receipt of the invoice and no later than 11 January 2019. No refunds will be made after receipt of cancellation later than 11 January 2019. Refunds are subject to a 20% administrative charge.
Day passes, student passes and special EFM/Avant Première combination tickets are non-refundable.
2.6. Prices + Tax
Rates and tickets indicated on the Avant Première website and the online registration form refer to net amounts excluding all applicable taxes. Registration is taxed 7% VAT, reverse charge is not applicable. Tax amounts are indicated whenever prices are stated. No further costs occur beyond the total gross amount shown in the summary of the registration and subsequently sent invoice. Accommodation costs are not included. In case of governmental tax changes or the charge of new or additional taxes and fees which are unknown to the parties at this time, the IMZ reserves the right to adjust the listed rates and prices accordingly.
2.7. Hotel + Accommodation
Information and booking service for hotel accommodation is communicated on the Avant Première website. Contents, availabilities and the execution of the booking process is provided by Visit Berlin and Hotel Scandic Berlin Potsdamer Platz or respective other service providers, which are in charge of the information and booking or cancellation procedures. The link to Visit Berlin is to be found on the Avant Première website. Avant Première participants will be charged directly by the hotel and not the IMZ. Questions and complaints concerning the booking procedure or service and accommodation on site are to be directed to the hotel only and will not be administered by the IMZ.
3. FILM SUBMISSION TO AND PRESENTATION AT THE AVANT PREMIÈRE SCREENINGS, AVANT PREMIÈRE MARKET SCREENINGS, AVANT PREMIÈRE SPECIAL SCREENINGS
3.1. Submission deadlines are published on the Avant Première website (www.avant-premiere.net). A film submission does not guarantee registration. The IMZ reserves the right to accept or reject a submission and will in this instance give notice to the submitting party (company or individual).
3.2. Film submission for Avant Première Screenings
Film submission for Avant Première Screenings is available exclusively for IMZ Members (Full and Affiliate). Precondition for a successful submission and acknowledgement by the IMZ is a settled membership status at the time of submission.
A film submission can only be completed successfully resulting in an allocation of a screening-slot during Avant Première if
a. done via the online submission tool at https://my.imz.at,
b. during the official submission period and
c. officially confirmed by the IMZ via email
With regards to an Avant Première Screening a separate contract will be set up between the film submitter and the IMZ.
Screening material submitted to the Avant Première Screenings may be included in IMZ video libraries at specific and industry related trade fairs and markets such as dancescreen and used for promotional Avant Première-related material like trailers, except for an express written objection by the person responsible for the submission.
3.3. Film submission to the Avant Première Market or Avant Première Special Screenings
Film submission for Market or Special Screenings is available for IMZ members as well as for Non-IMZ Members and can only be completed successfully if
a. done via email to c.kruzik(at)imz.at according to the rules and regulations as set out in the respective contract (see below)
b. during the official submission period and
c. officially confirmed by the IMZ via email
With regards to a Market and/or Special Screening a separate contract will be set up between the film submitter and the IMZ.
Cancellation: So as to be considered valid issuing a refund, the IMZ must receive notification of cancellation of a Market and/or Special screening in writing before 11 January 2019. No refunds will be made after receipt of cancellation later than 11 January 2019. Refunds are subject to a 20% administrative charge.
Before 11 January 2019, companies which booked a Market or Special Screening will be refunded with 50% of the screening price (exclusive applicable VAT).
Avant Première Online Participant List
Personal data collected in the registration process will be used for the “Online Participant List” section on the Avant Première website. Whenever information will be used for the “Online Participant List” participants are informed. Name, company, position and photo will be displayed publicly on the website for all visitors including non-registered visitors. A contact tool is available among registered Avant Première Participants only. All personal information provided by Avant Première Participants will not be forwarded to third parties by the IMZ.
Use of Film Recordings Made/Pictures Taken at Avant Première by IMZ
Picture and sound recordings will be taken during the entire Avant Première. These recordings serve the purpose of documentation and reporting of the event via various communication channels of the IMZ (IMZ websites, social media, archive, et al.) and as footage for the promotion of future similar events.
The person completing one/more registration/s to Avant Première agrees and confirms,
5. TRADEMARKS + THIRD PARTY CONTENT
All trademarks displayed on the Avant Première website are subject to the conditions of the copyright and trademark rights of the registered owner. Simply being listed on IMZ websites should not lead to the conclusion that third-party rights do not protect these trademarks. The same applies to content provided by third parties such as videos or trailers. Despite careful control of the content, the IMZ team is not liable for the content of external links. The owners of external sites are responsible for the content of the linked websites.
6. PROHIBITION OF FILM AND SOUND RECORDINGS AT AVANT PREMIÈRE SCREENINGS BY PARTICIPANTS
Film and sound recordings of any kind made by Avant Première participants at film screenings as part of Avant Première are not permitted. Any infringement can lead to civil and criminal legal action and can result in the exclusion from the event. Film, digital, video or sound recordings that contain any content of a film screening as well as the recording device can be confiscated. The devices can be returned on the condition that the owner agrees to delete the recordings beforehand. In light of the necessity to protect from piracy, every participant ensures that he or she will not steal intellectual property, in accordance with copyright laws and with respect to the resulting rights.
7. FORCE MAJEUR
The IMZ cannot be held liable in case of war, terroristic attacks, mobilisation, strike, lock-out, fire, regulations of the authorities or other circumstances beyond the control of the IMZ (force majeur, that might render it impossible or difficult to carry through the contractual obligations by the IMZ. In case of the contracting party (e.g. registered person, film submitter, booth contractor, special screening presenter et al.) being prevented to enjoy the services of the IMZ as contracted due to force majeur,
- the contracting party will still have to meet its contractual obligation to settle the full amount, or
- in case the respective invoice was already settled, the IMZ is not obliged to refund the transferred amount.
8. LIABILITY, WARRANTY
8.1 For contracts for consideration IMZ assume warranty in accordance with the statutory provisions.
8.2 For services provided by IMZ for no consideration there shall be no warranty obligation.
8.3 Liability of IMZ and their bodies, officers, employees, contractors or other agents ("people") shall as to the merits be limited to wilful intent or gross negligence; liability for slight negligence shall be excluded. This exclusion of liability shall not apply to personal injury or damage to property which IMZ has taken over. To the extent that liability is excluded or limited this shall also apply to personal liability of its people.
9.1 If any provision of this Agreement is or becomes ineffective in whole or in part or if a gap is noticed in this Agreement, the validity of the other provisions shall not be affected thereby.
9.2. Modifications of or amendments to this Agreement as well as statements to be willing to conclude contracts shall be made in writing. This shall also apply to an abolishment of the formal requirement of written form. Signed statements or declarations sent by email (e.g. PDF scans) or fax shall be deemed to meet the requirement of written form.
10. APPLICABLE LAW – PLACE OF JURISDICTION
For all disputes arising out of this legal relationship the parties agree on jurisdiction of the court having jurisdiction over 1070 Vienna, Austria, and over the subject matter. The parties agree that the place of jurisdiction shall in any case be in Austria. Austrian substantive law shall apply. The place of performance shall be Vienna, Austria.
Last updated September 2018.