Terms and Conditions

CORESTA SSPT 2019 Conference

CORESTA in conjunction with Borgwaldt KC GmbH is holding the CORESTA SSPT 2019 Conference in Hamburg, Germany, in October 2019. These terms and conditions (T&Cs) govern the registration and attendance by an Attendee at the Conference.

1. DEFINITIONS

"Accompanying Person" means an individual who is accompanying a Delegate and has completed the appropriate Registration, which entitles that individual to participate in the Accompanying Person Programme but does not entitle the individual to attend any of the talks or lectures given during the Conference.

"Accompanying Person Programme" has the meaning set out at Condition 3.9 below;

"Attendee" means an individual who is either a Delegate or an Accompanying Person;

"Conference" means the 'CORESTA SSPT 2019 Conference', which is due to take place at the Venue from 6 October until 10 October 2019 inclusive;

"CORESTA" means the association whose purpose is to promote international cooperation in scientific research in relation to tobacco and related tobacco products;

"Delegate" means an individual who has completed the appropriate Registration which entitles that individual to attend any of the talks or lectures given during the Conference;

“Borgwaldt KC GmbH” means the company that organises the CORESTA SSPT 2019 Conference

"Intellectual Property" means any and all rights in and to patents (including supplementary protection certificates), copyrights, moral rights, industrial design rights, trademarks, service marks, business or trade names, domain names, get-up, database rights, topography rights, business or trade secrets, confidential information, know-how and all other property rights (whether registered or unregistered, registrable or unregistrable), together with all other rights of a similar or corresponding character or nature and all applications and/or rights to apply for the same anywhere in the world;

"Losses" means all losses, claims, liabilities, costs, charges, expenses and damages of any kind irrespective of whether they were reasonably foreseeable or avoidable or arising directly or indirectly;

"Registration" means the registration process set out at Condition 2 below to be completed by individuals wishing to attend the Conference or the Accompanying Person Programme whereby places for the Company and the Accompanying Person Programme (as applicable) are booked and paid for;

"Venue" means the Hotel Hafen Hamburg, Hamburg, Germany.

2. ORDERING PROCESS AND PAYMENT

2.1 Registration for the Conference may be undertaken through the Conference Website operated by Borgwaldt KC GmbH’s agent, from 27 April 2019 until 22 September 2019 (inclusive, GMT +01:00), subject to availability.

2.2 Payment for Delegate and Accompanying Person fees (as set out below) should be made at the time of purchase via the Conference website. Any queries should be directed to the registration team by email at nils.rose@borgwaldt.com by phone on +49 40 853138465. Registration will not be confirmed and attendance at the Conference will not be guaranteed until payment has been received in full by Borgwaldt KC GmbH.

3. REGISTRATION

3.1 There are a limited number of delegate places for the Conference and Accompanying Person Programme and Borgwaldt KC GmbH accepts no responsibility if places are unavailable.

3.2 All Attendees must be at least 18 years of age and Borgwaldt KC GmbH will not admit delegates who they reasonably believe to be under 18. Proof of age might be requested on attendance.

3.3 Borgwaldt KC GmbH may refuse registration and/or attendance to the Conference and/or the Accompanying Person Programme to any individual for any reason whatsoever, at its absolute discretion.

3.4 Registration fees are non-transferable, non-exchangeable and refundable only in accordance with Condition 9 below, unless otherwise agreed by Borgwaldt KC GmbH at its absolute discretion. Places which have been booked for the Conference and/or the Accompanying Person Programme may not be transferred to a third party. Entry will be refused where Borgwaldt KC GmbH believe that an individual is attempting entry to the Conference in breach of the Condition 3.5.

3.5 Registration fees will not cover any events, expenses, costs or charges incurred by any Attendee, other than as specifically set out below.

Delegate Registration

3.6 The Delegate Registration fees are as follows:

(a) If the Delegate is not a member of CORESTA ("Non-Member Delegate Registrations"):

(i) for Registrations completed before and including August 1st, 2019, midnight GMT +01:00: € 930,00, incl. 19 % German VAT

(ii) for Registrations completed on or after August 1st, 2019, midnight GMT +01:00: € 1075,00, incl. 19 % German VAT

(b) If the Delegate is a member of CORESTA ("Member Delegate Registrations"):

(i) for Registrations completed before and including August 1st, 2019, midnight GMT +01:00: € 650,00, incl. 19 % German VAT

(ii) for Registrations completed on or after August 1st, 2019, midnight GMT +01:00: € 750,00, incl. 19 % German VAT

3.7 Registrations must be received by 12:00 pm August 1st, 2019 (GMT +01:00) in order for the preferential rate to apply. Where registrations have not been received by this deadline, the Delegate Registration fees set out at Condition 3.6(a)(ii) and 3.6(b)(ii) above will apply.

3.8 The cost of the Delegate Registration will entitle one person to the following:

(a) entrance to all plenary sessions, talks and presentations taking place at the Conference (as highlighted below at Condition 4);

(b) attendance at the welcome reception, networking afternoon and closing evening;

(c) refreshments during any breaks and lunches during the Conference; and

(d) Meeting bag and information documents.

Accompanying Person Registration

3.9 The Accompanying Person Registration fee is as follows:

(i) for Registrations completed before and including August 1st, 2019, midnight GMT +01:00: € 335,00, incl. 19% German VAT

(ii) for Registrations completed on or after August 1st, 2019, midnight GMT +01:00: € 385,00, incl. 19 % German VAT

The Accompanying Person Registration fee will entitle one person to the following:

(a) entrance to the welcome reception, networking afternoon and closing evening;

3.10 The Accompanying Person Registration fee also includes entry to/participation in the following events of Accompanying Persons Programme:

October 7, City tour Hamburg, Elphilharmonie tour, Spicy Museum Hamburg

October 8, visit of city of Lübeck, Historic City Tour and visit of Marcipan Museum, Lübeck

October 10, visit to Miniature Wonderland, Hamburg

3.11 Any Accompanying Person is under no obligation to attend any event and Borgwaldt KC GmbH accepts no liability for any Losses incurred by an Accompanying Person during attendance at such Additional Events. Further details of the Additional Events are found on the Conference website.

3.12 For the avoidance of doubt, the Accompanying Person Registration fee does not include entry to any of the Confernce plenary sessions, talks and presentations, not the related breaks.

4. CONFERENCE PROGRAMME

4.1 The intended Conference Programme is as follows:

(a) Sunday 6 October 2019 - Registration;

(b) Monday 7 October 2019- Plenary Session: Welcome, Invited Speakers, Technical Presentations;

(c) Tuesday 8 October 2019 - Technical Presentations;

(d) Wednesday 9 October 2019 - Technical Presentations; and

(e) Thursday 10 October 2019 - Technical Presentations / Closing Speech.

4.2 A more detailed Programme will be provided as part of the Meeting papers. The Meeting Programme above is provisional only and CORESTA reserves the right to alter this Programme at any time.

5. ACCOMMODATION

5.1 The Registration fees do not include accommodation during the Conference, which should be arranged and paid for by the Attendees. Borgwaldt KC GmbH has negotiated rates with the hotels Hotel Hafen Hamburg and Empire Riverside, Hamburg of that can be found on the accommodation link via the Conference website. Borgwaldt KC GmbH shall have no liability whatsoever for any losses incurred by any Attendees at such accommodation.

6. INSURANCE

6.1 Attendees will be responsible for securing any insurance deemed necessary for attending the Conference and/or the Accompanying Person Programme.

7. BORGWALDT KC GMBH'S RIGHT OF REFUSAL

7.1 Borgwaldt KC GmbH reserves the right in their absolute discretion to exclude or remove from the Conference any Attendee whose presence (in the sole opinion of Borgwaldt KC GmbH) is or is likely to be undesirable and cause disruption to the Conference. Examples of these types of behavior include, but are not limited to: abuse of Attendees either physically or verbally, causing damage to any property owned by Borgwaldt KC GmbH, other Attendees or the Venue, disrupting any speakers or discussions at the Conference and any other behavior or action that in the opinion of Borgwaldt KC GmbH is likely to cause harm, offence, loss or disruption to the Conference in any way whatsoever.

7.2 All Attendees may be searched upon entry to the Conference. Any Attendees who refuse to be searched will be refused entry to the conference. Any Attendee carrying property which is considered (in the sole opinion of Borgwaldt KC GmbH) to be dangerous or antisocial will be refused entry to the Conference.

7.3 Any Attendee who is refused entry will not be entitled to a refund of their Registration fees and Borgwaldt KC GmbH accepts no liability whatsoever to any Attendee who is refused entry on any grounds.

7.4 Any Attendee who is in breach of any part of this Condition 7 will be liable for all Losses incurred by Borgwaldt KC GmbH, the Venue Owners, other Attendees and any other third parties arising as a result of their breach.

7.5 The unauthorised use of photographic and re­cording equipment during any part of the Conference is prohibited. Borgwaldt KC GmbH or its authorised persons are entitled to confiscate and/or destroy tapes, films or any other recording in breach of this Condition 7.5. Any Attendee who is caught using any photographic or recording equipment may be asked to leave the Conference and refused re-entry. Borgwaldt KC GmbH shall have no liability to any Attendee removed from the Conference in line with this Condition 7.5.

8. CHANGES TO THE CONFERENCE

8.1 Borgwaldt KC GmbH accepts no responsibility for any cancellations of any of the sessions, evening events or for any change to the order that speakers appear or times that events are due to take place.

8.2 Borgwaldt KC GmbH gives no guarantee that any advertised speakers will be present at the Conference nor that specific Attendees will attend at the Conference.

8.3 In the event that the dates for the Conference are changed, Attendees are entitled to cancel their Registrations and request a full refund. Borgwaldt KC GmbH will not be responsible for any other costs incurred by an Attendee as a result of such cancellation, including any charges relating to cancelled accommodation.

9. CANCELLATION AND REFUND

9.1 Borgwaldt KC GmbH reserves the right to cancel the Conference for any reason on 30 day's written notice to the Attendee in which event Borgwaldt KC GmbH shall refund the Attendee the entire cost of any Registration fees. Borgwaldt KC GmbH will not be responsible for any other costs incurred by an Attendee as a result of such cancellation, including any charges relating to cancelled accommodation.

9.2 The Attendee is entitled to cancel their Registration at any time. However, a refund of the Registration fees will only be available to the Attendee if Borgwaldt KC GmbH receives a cancellation request on or before September 22nd, 2019 midnight (GMT +01:00) – Full refund (less € 30 handling fee). Where Borgwaldt KC GmbH receives a cancellation request any time after September 22nd, 2019 midnight (GMT +01:00) and no shows – No refund and Borgwaldt KC GmbH shall have no further liability to any Attendees. All cancellation requests must be communicated via email to the Borgwaldt KC GmbH registration team and Borgwaldt KC GmbH will have no liability for any cancellation requests which fail to be submitted for any technical reason whatsoever. Cancellation requests received via any other means will not be accepted.

10. VISA REQUIREMENTS AND LETTERS OF INVITATION

10.1 If an overseas individual needs a visa to attend the Conference and is required by the German authorities to demonstrate a reason for entry in Germany, then an Attendee can apply to Borgwaldt KC GmbH to provide a letter of invitation to the Conference which can be shown to any such authorities as evidence in a visa application ("Letter of Invitation via link on the website"). Borgwaldt KC GmbH is not obliged to provide any such Letter of Invitation and does so in its sole and absolute discretion. If Borgwaldt KC GmbH refuses to provide any Letter of Invitation, any Registration fees which have been paid will be refunded. Borgwaldt KC GmbH does not warrant that any Letters of Invitation will be accurate, correct, or accepted by the relevant authorities in a visa application and Borgwaldt KC GmbH accepts no liability whatsoever in relation to any such Letters of Invitation.

10.2 Where an individual requires a Letter of Invitation from Borgwaldt KC GmbH, this must be made clear at the time of Registration.

11. INTELLECTUAL PROPERTY

11.1 The Attendee shall not use, nor acquire, nor seek to acquire by these T&Cs or any activity under it, nor represent in any way that it is entitled to any rights in or to CORESTA Intellectual Property which, together with all goodwill attaching thereto, is and shall remain the sole property of CORESTA.

11.2 The Attendee undertakes not to alter, supplement, interfere with or obscure CORESTA's Intellectual Property used in relation to or at the Conference. This includes, but is not limited to, all materials provided at the Conference and any materials provided by CORESTA or a third party whether communicated orally or otherwise. Any such materials cannot be used or copied or transferred to any other media by any Attendee for any purpose other than for use at the Conference. In particular, the Attendee shall not be entitled to:

(a) make recordings of any talks, seminars, presentations or other audiovisual aspects of the Conference;

(b) photocopy or make electronic copies of any physical or digital materials provided to the Attendees during the Conference; and/or

(c) distribute, circulate or make available to third parties via the Internet or otherwise, materials provided to Attendees during the Conference.

11.3 The Attendee shall at all times indemnify and keep indemnified CORESTA from and against any and all Losses, incurred or suffered by them in relation to any unauthorised use by the Attendee (or any person acting on its behalf) of any of CORESTA's Intellectual Property.

12. LIABILITY

12.1 Borgwaldt KC GmbH cannot be held responsible for the failure of any third parties to provide goods or services at the Conference and who fail to fulfil their obligations associated with this Conference.

12.2 Borgwaldt KC GmbH is not responsible in any way whatsoever for the content, accuracy or reliability of any information provided, considered, discussed or presented at the Conference.

12.3 Save in the case of death or personal injury caused by the negligence of Borgwaldt KC GmbH and except in relation to Indirect Losses (defined below), (in respect of which Borgwaldt KC GmbH shall have no liability), the liability of Borgwaldt KC GmbH under these T&Cs whether for breach of contract, negligence or otherwise, shall not exceed an amount equal to the Registration fees paid by the Attendee. For the purposes of this paragraph, "Indirect Losses" means any indirect or consequential loss including but not limited to loss of profits, loss of revenue, loss of goodwill, loss of custom, loss of business, and loss of reputation, whether foreseeable or unforeseeable.

13. DATA PROTECTION

13.1 Borgwaldt KC GmbH requires certain information about the Attendee in order to process Registrations and to organise and host the Conference to provide their information before doing so. Borgwaldt KC GmbH will only use the information supplied by the Attendee in accordance with this clause 13.

13.2 The information Borgwaldt KC GmbH requires from the Attendee includes their name, address, email address, and telephone number (“Contact Information”). Borgwaldt KC GmbH will also need details of any food allergies and preferences so that Borgwaldt KC GmbH can make suitable catering arrangements and provision for the Attendee's health and safety during the Conference . In addition, if the Attendee requires a Letter of Invitation to support their visa application, Borgwaldt KC GmbH will require the Attendee's passport details, including their nationality, passport number and date of issue (“Passport Information”). Finally, Borgwaldt KC GmbH will require payment details in order to process a Registration (“Payment Information”).

13.3 The Attendee's Contact Information will be used by Borgwaldt KC GmbH to organise and host the Conference. Borgwaldt KC GmbH may pass the Attendee's Contact Information to third parties who are assisting Borgwaldt KC GmbH with organising and hosting the Conference. Following the Conference, CORESTA will retain the Attendee's Contact Information in order to notify the Attendee of future CORESTA meetings and to keep a record of attendance at the Conference. Such Contact Information may be passed to third parties hosting future meetings. If the Attendee does not wish for their Contact Information to be used in this way, they should notify CORESTA by email at pmguitton@coresta.org. Following the Conference, other third parties involved in organising the Conference, will not retain the Attendee's Contact Information.

13.4 The Attendee's Passport Information will only be used by Borgwaldt KC GmbH in order to organise and host the Conference and to issue the Attendee with a Letter of Invitation if required. Such information will be kept confidential but may be passed to third parties in order to assist Borgwaldt KC GmbH with organising and hosting the Conference. The Attendee's Passport Information will be permanently deleted from Borgwaldt KC GmbH’s records (and those of any third parties assisting Borgwaldt KC GmbH) within three months of the end of the Conference.

13.5 The Attendee's Payment Information will be used by Borgwaldt KC GmbH in order to process Registrations. CORESTA will not have access to this information and such information will be securely stored, used and processed in accordance with Borgwaldt KC GmbH’s privacy policy. Please note that such information will be kept confidential but may be passed to third parties in order to assist Borgwaldt KC GmbH with processing orders for Registrations. The Attendee's Payment Information will be retained by Borgwaldt KC GmbH and/or other third parties strictly in accordance with German laws and regulations, but will not be used for any purpose other than processing Registrations and maintaining legal records thereafter. Such parties holding the Attendee's Payment Information shall permanently delete this information from their records as soon as they are legally able to do so.

13.6 The data collected from the Attendee may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Borgwaldt KC GmbH or for one of their suppliers or affiliates. By submitting personal data, the Attendee agrees to this transfer, storing and processing.

13.7 Borgwaldt KC GmbH will take reasonable technical and organisational security measures to prevent the loss, misuse, alteration or unlawful disclosure of information it collects from the Attendee. However, the transmission of information via the internet is not completely secure and although Borgwaldt KC GmbH will do its best to protect the Attendee's personal data, Borgwaldt KC GmbH cannot guarantee the security of data transmitted to its website and the Attendee acknowledges and agrees that any transmission is at their own risk.

13.8 The German Bundesdatenschutzgesetz 2018 (BDSG) and the Datenschutz-Grundverordnung (DSGVO), based on Directive EU/2016/680 on data protection (Data Protection Directive) gives individuals the right to access information held about them. The Attendee's right of access can be exercised in accordance with the Act.

14. GENERAL

14.1 All Attendees will be bound by any terms imposed by any third parties providing services and/or goods at the Conference.

14.2 Borgwaldt KC GmbH shall not be liable to the Attendee by reason of cancellation of the Conference, either as a whole or in part, for any non-performance of their obligations under these T&Cs or for any amendments or alterations to all or any of the rules or regulations of the Conference, in each case to the extent that such occurrence is due to circumstances not within Borgwaldt KC GmbH's reasonable control.

14.3 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy (whether provided by law, equity or these T&Cs).

14.4 None of these T&Cs are intended to confer a benefit on or be enforceable by any third parties under the Contracts in conformity with the German Bundesdatenschutzgesetz 2018 (BDSG) and the Datenschutz-Grundverordnung (DSGVO), based on Directive EU/2016/680 on data protection (Data Protection Directive).

14.5 If any provision of these T&Cs is found by any court or other authority to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from these T&Cs and shall be of no effect without, so far as possible, modifying any of the other provisions which shall remain in full force and effect.

14.6 These T&Cs set out the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of it.

14.7 These T&Cs shall, in all respects, be construed and interpreted and shall receive effect in accordance with German law and the parties each submit to the exclusive German jurisdiction.