No right of cancellation for purchases at trade fairs

If visitors buy goods from exhibitors at trade fairs, this purchase is generally binding. Buyers have no right of cancellation at trade fairs and exhibitions. If consumers conclude a contract for purchases outside of business premises, there is a right of cancellation. In addition, the seller is subject to extensive information obligations. However, in accordance with Section 312 b (2) sentence 1 of the German Civil Code (BGB), movable business premises are deemed to be business premises if the trader carries out its activities there on a permanent basis. This is clearly not the case with an exhibition stand. In addition, a business premises may exist if it is movable and the entrepreneur usually carries out his activities there. If one focuses on the protective purpose of the right of cancellation, the decisive factor is that the consumer should be protected from the possible psychological pressure that exists outside of business premises or the element of surprise. In this context, it is irrelevant whether the consumer has brought about the visit to the business on his own initiative or whether the business approached him. In the explanatory memorandum to the draft bill (BT printed matter 17/12637 p. 50) pointed out that the trader's usual activity should include his appearance at markets or trade fair stands because the provisions are intended to protect the consumer from hasty decisions, especially if the consumer does not expect to conclude a contract for certain goods.

No surprise effect

The legal regulation makes it clear that there is no surprise effect at trade fairs and exhibitions - in contrast to doorstep selling, for example. On the contrary: admission normally has to be paid at events, which is an additional psychological barrier similar to entering a "normal shop". If the consumer consciously overcomes this barrier, it cannot be said that he has been unintentionally surprised.

The aisle is not part of the stand

At trade fairs, visitors may be approached by stand personnel while they are still standing in the aisle in front of the stand. This raises the question of whether the definition of "exhibition stand = business premises" also applies to the aisle in front of the stand. This can no longer be affirmed following a ruling by the ECJ on 17 December 2019. If employees of exhibiting companies actively approach visitors in the aisle in front of the trade fair stand, this can lead to a right of withdrawal in the event of a resulting purchase. The same must also apply to any promotional activities in other halls where the exhibitor is not represented. In most cases, however, such promotional activities outside the rented stand are not desired by the organiser anyway and are regularly prohibited in the General Terms and Conditions of Participation in order to ensure that the trade fair runs smoothly.

The exhibitor contract

In principle, anyone who belongs to the group of participants of a fixed event may participate in the event in accordance with the provisions applicable to all event participants, but the organiser may, if necessary to achieve the purpose of the event, restrict the event to certain exhibitor groups, supplier groups and visitor groups, provided that this does not result in similar companies being treated differently without objectively justified reason.

The organiser may also exclude individual exhibitors, suppliers or interested parties from participation for objectively justified reasons, in particular if there is insufficient space available. The competent authority may prohibit an exhibitor or supplier from participating in a particular event if it can be assumed that he does not possess the necessary reliability.

The contract between exhibitor and organiser is a sui generis contract that covers numerous services provided by the organiser. In addition to the provision of stand space, this usually includes the technical supply of the stands with electricity, gas, water, heat, telephone and internet access. Organisers often also take on the planning, design, assembly, dismantling and cleaning of exhibition stands as well as the provision of stand components and furnishings. The contract may also include the organiser providing stand support and security. The organiser's target group-specific visitor marketing ensures that the supply and demand of an industry is comprehensively represented at the trade fair. Extensive advertising measures and trade fair catalogues ensure that potential customers and suppliers find each other efficiently. Finally, the organiser regularly offers the preparation and implementation of forums, special shows, press conferences, opening events and exhibitor evenings.

Since uniform rules for all exhibitors and a homogeneous trade fair image as well as compliance with all relevant safety regulations by each individual exhibitor are decisive for the success of a trade fair, the organisers' contracts regularly define in detail the rights and obligations of the exhibitors during the trade fair. The contractual conditions between the exhibitor and the organiser are usually determined by the General and Special Terms and Conditions of Participation and the technical guidelines specified by the organiser.