Unofficial exhibitor directories

International Fairs Directory & Expoguide

Publishers of unofficial exhibitor directories offer exhibitors the opportunity to be listed in online directories, often of inferior quality, prior to trade fairs. In return, however, this can involve a long-term payment obligation of several thousand euros, usually hidden in the small print. Particularly prominent examples of this are the "Expoguide", "exhibitors network" and "International Fairs Directory" directories.

AUMA has been advising affected exhibitors for years. They contact AUMA on an almost daily basis regarding unofficial exhibitor directories. AUMA has an extensive collection of case law on misleading listings and has several hundred cases on file, so that it has a wealth of experience of how the publishers of unofficial exhibitor directories proceed. The following information is intended to sensitise exhibitors to the machinations of publishers of unofficial exhibitor directories and at the same time provide assistance to affected exhibitors.

Characteristics of dubious offers

The letters from the providers of unofficial exhibitor directories are presented in such a way that the exhibitor reading the letter thinks it is a letter from the trade fair organiser or a free entry in an exhibitor directory. A reference to the upcoming trade fair for which the exhibitor is registered, an imprinted customer number or the use of the trade fair logo suggests that a business relationship already exists. The amount of the registration costs is usually only revealed in the small print. In some cases, the letter is also accompanied by a form with the exhibitor's basic data and a request for correction. To simplify the return process, a prepaid envelope is also enclosed with which the corrected form can be signed and returned.

The following features should make you suspicious:

• The amount and duration of the payment obligation can only be found in the small print of the terms and conditions.
• A partially pre-filled data collection form is used.
• Only the publication of the so-called basic entry or online registration is free of charge.
• The company is based abroad (e.g. Mexico or Costa Rica).

If in doubt, you should contact the trade fair organiser.

What should you do if you receive an offer to register?

Check carefully whether the offer is legitimate. If it is a fraudulent offer, do not sign it. Inform your colleagues, especially in the accounts department, to raise awareness within the company and avoid future cases. You can also send a copy of the form to the Chamber of Industry and Commerce responsible for you or to your professional association for information. You can also inform the German Protection Association against Economic Crime e.V..

What should you do if you have signed in error?

Exhibitors often only realise that they have mistakenly signed a fee-based registration order when they receive an invoice. In this case, the contract can be contested on the grounds of error or fraudulent misrepresentation. (Sample letter using the Expo-Guide and International Fairs Directory as examples, see below) You can also declare the cancellation by email. However, experience has shown that letters with requests for payment and reminders are sent even after the sample letter has been sent (see also the scanned letters from International Fairs Directory on this page).

What happens if you do not pay?

The publishers of unofficial exhibitor directories are often unimpressed by declarations of contestation and the announcement that invoices will not be paid. Exhibitors must therefore expect that they will continue to be sued by the publisher even after the contract has been cancelled. This is usually followed by further invoices and reminders with references to the legal situation as seen by the issuer. In a further step, debt collection agencies, often based abroad, are sometimes called in or legal dunning or legal proceedings are threatened. As a rule, however, these measures only serve the purpose of intimidating issuers and persuading them to pay. AUMA is not aware that publishers of unofficial exhibitor directories have actually taken legal action against exhibitors. If the competent court nevertheless serves you with a default summons or a lawsuit, you should seek legal assistance.

What to do if payment has been made?

The contract may be null and void due to a breach of law or an effective cancellation. This means that money already paid can theoretically be reclaimed. Although numerous German courts (see judgements below) have ruled that there is generally no obligation to pay, it should be noted that the specific design of the cover letters and registration offers varies greatly and a redesign leads to a legally reassessable situation. However, it is often not worth investing time and money in lawyers and courts. Companies are often based in non-European countries such as Costa Rica, move their registered office to another country or cease their business operations.