Construct Data Publishers Verlag AG

Also known as the Fair Guide or Fairguide

Formerly traded as Construct Data Verlag GMBH

DISCLAIMER This website is in no way affiliated or assoaciated with the Construct Data Publishers Verlag AG / Fairguide. This is a non-commercial website established in Opposition to all companies that profit from the mailing of misleading contracts.
StopECG is not responsible for the content of external sites which we link to

Page Last Updated 29th October 2008

Paid a disputed bill by Credit Card? Click Here

NEW THREAT! Expo-Guide. Mailing similar contracts from Mexico

IMPORTANT: If your company is Disputing demands from Construct Data (Fairguide)

On 13th February 2007 Construct Data Verlag signed a far reaching settlement with the Schutzverband gegen unlauteren Wettbewerb Before the Austrian courts. Following continuing widespread complaints about Construct Data's conduct a further agreement was reached on 21st Feb 2008, It now appears that Construct Data has agreed

To cease the mailing of misleading contracts from Austria
To cancel their demands for money against All companies who signed in error and dispute the contracts, regardless of location.

If you signed Construct Data's Contract in error you must now notify them in order to be covered by this agreement, (Please use the draft letter provided) once you have formally notified CD that should be the end of it, the nightmare is over! Analysis of the 2007 settlement (On the StopECG Blog)

What does the additional agreement of 21st Feb 2008 Mean?
At StopECG we are still not clear about the outcome of the latest agreement in Austria. Our interpretation is thus:

Construct Data will cease mailing misleading Forms from Austria.
Any persons who dispute the Contracts, regardless of the date of signing or their location can now cancel using the Letter of Cancellation
Complaints received by Schutzverband will be forwarded to Construct Data and Contracts Annulled
Construct Data may continue to demand money from persons who have made a payment, even if they disputed the contract and paid under duress, however experience tells us that when people make payments and then refuse further demands Construct Data does not go to court.

Your Status
If you signed in error and dispute CDs demands, do not pay, no ifs or buts DO NOT PAY CONSTRUCT DATA A PENNY. To be covered by the agreement you must notify CD that you signed in error. Please use the draft letter provided

If you have Previously Paid money To Construct Data But dispute their Contract Our Advice is to WITHOLD PAYMENT. You to should send the letter of cancellation; please be aware that there is a limited Chance that Construct Data may seek to impose a contract. StopECG would welcome such action as it would enable us (and others) to expose Construct Data's business tactics in open court. While we would welcome such action we cannot be held liable for your descision not to pay, if in doubt seek third party legal advice.

StopECG Comment There have been a lot of false starts with Construct Data, undertakings that appear at first to be watertight have been systematically bypassed. Twice we have written open letters to Construct Data's CEO Wolfgang Valvoda 1, 2 These went unanswered and the unfounded demands against businesses all over the world continued.

For that reason we are cautious about the outcome of the new agreement. It appears that Construct Data are free to mail their forms from outside Austria, if their intent is deceit then we would expect to see them use forms that continue to mislead. There is also the issue of persons who have paid money To Construct Data, Many under considerable duress while being hounded by the debt Collectors, Premium Recovery AG

StopECG Calls on Construct Data to :

Completely redesign their forms so there can be no doubt that they constitute and advertisement with a substantial cost associated.
Monitor Future Communications, treating Any complaint that they are misleading as a serious concern and to modify forms so as to remove causes for complaint.
Cease demands against All persons who dispute former and future Contracts on the basis that they are misled.
Accept any form of words where the complainant is expressing that they signed in error as reason for cancellation.

Sent The Letter of cancellation and still receiving demands for money?
the advice is to WITHOLD PAYMENT and wait to see what Construct Data's next move is. Also please write ALL the letters of complaint suggested in the main body of the page below.
If you receive threats of legal action from Construct Data please forward them to stopscamguides@yahoo.co.uk and remember, STOPECG ESTIMATES THAT APPROX 80% OF CONSTRUCT DATA's 'CUSTOMERS' NEVER PAY, TO DATE WE HAVE NO EVIDENCE OF CD BRINGING A SUCCESSFUL COURT CASE AGAINST A COMPANY FOR NON-PAYMENT ON ONE OF THESE DISPUTED CONTRACTS They Can threaten and bully and bluster all they like, unless they go to court it is all worthless posturing.

If you have previously paid it appears you are not protected by the current undertaking made by Construct Data, this does imply a small risk of court action, however there are hundreds in your position. Please check this page regularly for updates and should you receive what you believe to be court papers, please email stopscamguides@yahoo.co.uk immediately

LAST UPDATED 28th December 2008 See Also: Construct Data's letter of response + Analysis | Original report on the Schutzverband court case

CONTENTS

Company Info
Contracts Used
Advice if you have signed in error
Advice for Fair Organisers
Research and background
Rulings against construct data

Debt Collection Hassle?
You will probably want to read on Premium Recovery AG or Gravis Inkasso Gmbh

Company Info
Construct Data is perhaps the first company of its kind to target a niche market... You will only encounter The Fairguide if you exhibit in large trade fairs. They send a mailshot to exhibitors many of whom mistakenly consider it to be a communication from the fair organiser. People who have returned the form expecting a free listing are then hounded for money as the small print in fact 'commits' you to paying several hundred Euros per annum, the contract is self-perpetuating.

Contact Info
Construct Data Verlag AG
Ortsstraße 54
A-2331 Vösendorf
Austria

Tel: +43-1/6994077
Fax: +43-1/6994077-40
Email (Enquiries): info@cdnet.at | info@fairguide.com | info@fair-guide.com
Emai (Accounts): accounts@cdnet.at
Email (Editorial): editorial@cdnet.at

Basic Company Info | See Also Research and background
VAT / UST-ID : ATU 36891707
Register No: FN 113218 y
DVR: 0685097

bank account: BANK AUSTRIA
bank-code: 12000
number: 692 032 501
Swift: BKAUATWW

postal account: P.S.K.
bank-code: 60 000
number: 92 015 766

WEB: (Original Domains) http://www.fairguide.com/ | http://www.fair-guide.com/

More Detailed Information on Construct Data AG can be found in the Research and background Section of this page

Contract
Contracts are mailed to exhibitors at major trade fairs, they often have the name of the event in a prominent position, this increases confusion. When Exhibitors contact fair organisers they often find that the organisers are unaware of the Fair Guide and it's activities.

Almost as soon as the ink had dried on their Feb 13th Undertaking Construct Data started mailing a different sort of form to the one which had caused them and their so called customers so much grief

See The latest Mailshot from Construct Data
Cover letter | Cover letter (Reverse) | Contract.
There is little doubt in out minds that these new forms are misleading in several aspects, for that reason we encourage fair organisers to reproduce the scans and to advise exhibitors to read the small print before signing.
it is hard to accept that such a confusing document could have been designed in error by a company already facing a serious legal challenge relating to the mailing of misleading contracts, in view of this, In April stopECG made a response to the new forms. Our generous offer was shunned and now our predictions are being bourne out with companies contacting us to complain that they have signed the new form in error and are receiving demands for money.

Advice
If you recieve a mailshot from Construct Data please contact the fair organisers. It is not in the interest of fair organisers to have external organisations targeting their exhibitors and most will take the time to warn their clients of the risks. Feel free to direct them to our specific Advice for Fair Organisers

If you have already returned Construct Data's form by mistake and are receiving unexpected demands for money you will need to write and inform them that you singed in error. Please do this! Doing nothing is not an option.

Letters you need to write:

Direct to Construct Data - This letter should put a stop to CDs demands for money
If you have written direct to Construct Data and continue to receive demands for money, you will need to write the letters of complaint detailed below
Contact stopECG
Contact The Austrian Authorities
Going to the Press
Contact Your National Self Regulation Organisation
Complain To Their Bank
The Give 'em the slip option
Should I pay?

Letter You must send Direct to Construct Data ESSENTIAL

Following Construct Data's out-of-court settlement of February 2007 they are duty bound to cancel the contracts of any person within the European Union, European Economic Area and Switzerland where the contract is disputed.
List of countries covered

While the agreement affects only Europe the Schutzverband have vowed to monitor all areas and may go back to court if Construct data continue to harass people from countries not currently covered so this is a letter EVERYONE in dispute with Construct Data should write

StopECg have provided a Pro-forma letter for you to use, however please consider drafting your own letter. To use the pro-forma letter. please right click Here and select Save Target As once the letter is saved to your computer you can edit it using Microsoft Word or free Office. You will need to personlise the letter by amending the parts that are in red

Proof of post is not proof of delivery! Send by registered mail to:

Construct Data Verlag AG,
Ortsstraße 54,
2331 Vösendorf,
Austria

Follow up by fax/email and remember to keep the postal recipt!
CD has a number of emails. It may be best to send to accounts@cdnet.at
other possible addresses include info@cdnet.at; info@fairguide.com; info@fair-guide.com
Fax to: +43 1 / 699 40 77 - 40

That should be the end of the matter.....
If you have written direct to Construct Data and continue to receive demands for money, you will need to write the letters of complaint detailed below.

Contact StopECG

We are primarily interested in confirming that Construct Data complies with the settlement it signed on 13th Feb 2007. Please only write to us if you have notified CD that you dispute their contract and are still receiving demands for money.
Please email details and dates and we will respond with further advice

Contact the Austrain Authorities

Whenever filing official complaints, we recommend you keep your letters short, polite and factual. If you feel the original document was misleading, please breifly explain why

You should include copies of all Correspondence you have had with the guide and with their agents. We reccomend you send high quality photocopies and should keep your original correspondence on file. If you have lost or destroyed any documents please note this in your letter of complaint.

Please write noting that you are aware of the agreement signed by CD in 13th Feb 2007, note that while your country is not covered you have already written to Construct Data disputing the contract, ask that the government steps in to protect all persons duped by Construct data’s misleading contracts.
Send the same letter to all 3 addresses

minister of economy and work
Bundesminister für Wirtschaft und Arbeit (BMWA)
Dr. Martin BARTENSTEIN
Stubenring 1
A-1010 Wien
Austria
E-Mail: minister@bmwa.gv.at

Department for Competition
BMWA
Abteilung C1/6
Dampfschiffstraße 4
1030 Wien
Austria

Dr. Manfred Pichelmayer,
Osterreichischer Werberat (OWR),
c/o Wirtschaftskammer Wien,
Schwartzenbergplatz 14,
A - 1040,
VIENNA,
AUSTRIA

Swedish readers are fortunate enough to have specific advice provided by Fairlink Scandinavia

Additional Information for US Readers

US Companies in dispute with Construct Data are asked to file the following complaints In Addition to the letters of complaint detailed above

Federal Trade Commission
Office of Business Fraud
600 Pennsylvania Ave NW
Washington DC 20580
Tel: 1-202-326-2800
Fax: 1-202-326-2034
Email: OIG@ftg.gov
Online Form: https://rn.ftc.gov/pls/dod/wsolcq$.startup

You can also file a mail fraud complaint with the US Postal Service:
http://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm

Finally try Econsumer.gov, though this is mainly for personal consumers
http://www.econsumer.gov

Going to the Press
Why: Getting articles in the local press will forwarn others about contracts they may recieve in the post.
How: Getting an article into the local press is surprisingly easy More..

Contact Your National Self Regulation Organisation
Why: Self Regulation Organisations (SROs) Enforce responsible advertising from within the industry, some have legal powers as well. They also liase with government enforcement agencies. Getting a letter to your national SRO is important.
How: To find the contact details for the SRO in your country visit:
http://www.easa-alliance.org/about_easa/en/easa_members.html

You should provide copies of your correspondence with the ECG + a letter explaining why you feel mislead. Make it clear that you are filing a Cross Border Complaint

Complain To Their Bank Last Updated April 2007
Please do not hesetate to contact the Construct Data's bank and vent your spleen, in accepting payments the bank are playing a part. Be sure to include the account information Sent to you on CDs letters of demand. In fact it would be best if you include all corespondance with Fairguide in your complaint to the bank. It may also help if you print off a cople of web pages to show the bank that you are not alone. Perhaps http://www.stopecg.org/cdconclusion.pdf and http://www.ufi.org/fairguide for starters
We details of 2 banks, Please be sure you complain to the right one!

Details Provided By Construct Data Include this information in your complaint. Incorrect or out of date? Please Email

Account: 92015766
IBAN: AT13 6000 0000 9201 5766
SWIFT: OPSKATWW

Bank Contact Info This is where you send your letter of complaint
Bank Austria Creditanstalt,
1010 Wien, Am Hof 2,
1030 Wien, Vordere Zollamtsstrasse 13,
Austria

+43 50505 - 0 (for calls from abroad)
e-mail: info@ba-ca.com

Details Provided By Premium Recovery Include this information in your complaint. Incorrect or out of date? Please Email

Name of Bank: BAWAG / P.S.K. AG
Bank Code: 60000
Account No.: 92.187.687
Swift Code: OPSKATWW
Iban No: AT81 6000 0000 9218 7687
Beneficiary: Construct Data Verlag AG

Bank Contact Info This is where you send your letter of complaint
BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse Aktiengesellschaft,
Seitzergasse 2-4,
A-1010 Vienna,
Austria

The Give 'em the slip option
Many people have written over the years suggesting simply returning Fairguide mail unopened, we do not advocate this, if you have a dispute with the ECG, please stand up to them and do the letter writing suggested above

.

To Pay or not to pay

As a result of the Feb 13th 2007 and Feb 21st 2008 agreements detailed above stopECG has updated it's advice on this matter

ANY PERSON who signed Construct Data's Contract in error: notify CD of the fact. Once this is done do not pay, no ifs or buts DO NOT PAY CONSTRUCT DATA A PENNY
The Only group now outside the protection of the agreements are people who have already paid money to Construct Data. Their argument will almost certainly be that the act of paying constitutes acceptance of the contract. Please Consider The following.
1. Following the court action against them and the 2 settlements Construct Data are in a very weak position under Austrian law.
2. stopECG Want a court case where Construct Data attempt to enforce one of the disputed contracts, if one occurs and it is possible for us to present evidence against CD we will be there helping the plaintiff!
3. Versions of the Construct Data's form have been ruled to be Deliberately deceptive. (Note 1, Below)
4. As far as we can ascertain Just one company out of the tens of thousands who have refused to pay is facing litigation, The case appears mired and may have been abandoned. Court action has often been threatened both by the guide and the associated debt collection companies. In every other case we have followed the threats have passed without the promised court action occurring.
5. Those who have paid often receive further demands for money, if you read the small print of the document you will discover that it runs for 3 years (or More if not cancelled), so paying another installment may not be the end of this issue.

Note 1 The ruling of The Chemnitz Regional Court made in June 2004 is perhaps the most damning we have seen against any guide, Furthermore The Austrian Advertising Council (ÖWR) has twice investigated the mailing and found it to be misleading, issuing it's most recent alert in January 2005 More...

Specific Advice for Fair Organisers

StopECG are strongly opposed to the marketing tactics utilized by Construct Data Verlag AG and feel that fair organisers have a duty to for forewarn their exhibitors. As a fair organiser you are in a unique position to save your customers from possible distress and expense.

We ask organisers to print a warning on their websites and also to include that warning in correspondence sent to all exhibitors. You should offer general advice that mail shots your customers receive may not be from your organisation, even if they use your name and refer to a specific event.

It will assist to process if you specifically mention that Construct Data may send forms to Exhibitors using the trading names Fair Guide or Fairguide.

Ask that your exhibitors read any form very carefully before signing it and ask them to contact you if they have any concerns

Feel free to link to these Advice sites

English
http://www.stopecg.org/construct_data_fairguide.htm (This Page)
http://www.aeo.org.uk/page.cfm/Link=160 (Association of Exhibition Organisers) (Currently accessable to members only)
German
http://www.beschwerdezentrum.org/adressbetrug/6-Online/6-a-Hintergundmaterial/Mehr-info/100-200-HS-Firmen-Info/138-construct-Obermayer.htm
Itailan
http://www.osservatorioaziende.it/
http://www.genie.it/utenti/ebalzari
French
http://www.arnaques.be.tf/index.shtml
Polish
http://www.polfair.pl/warning.htm

Here are examples of what other Fair Organisers have done
Mondial Image Photo Son
http://www.mondial-image-photo-son.com/rubriques_uk/pageLibre000101f9.html
Hong Kong Optical Fair
http://www.hkopticalfair.com/circular/circular05.htm
IAEM.org (USA) Excellent and detailed warning, ideal for US Fair organisers
http://www.iaem.org/information__resources/austrian_exhibitor_warning
Frankfurt Book Fair First link is in English, Second in German
http://www.buchmesse.de/en/buchmesse_frankfurt/aussteller/anmeldung/content/02969/content.html
http://www.buchmesse.de/de/buchmesse_frankfurt/aussteller/anmeldung/content/02964/content.html
Fairlink Scandinavia
Page gone. Please Please email if you know its new location

Research and background
We last queried the company register on 28 May 2003, here is the information revealed

Registration Number FN 113218 y

Managing Directors
From 22 January 1992 to 3 September 1998 - Erich Landerl born 04 Feb 1955
From 24 August 1998 Wolfgang Valvoda born 6 August 1970, resident in Vienna

Shareholders
Construct Data is 100% Owned by Maiwolf Holding AG
Pestalozzistrasse 2
CH - 9000 St Gallen
Switzerland
Registration St Gallen CH - 320.3.032.279-0

Share Capital 500,000 Austrian Schillings

On one of their websites (http://www.cdnet.at/html/team1.html + Following pages) Construct Data listed the following staff under the heading 'Customer Service' The page included email links for all staff.
(This page was removed in 2005 - see after list) Friedrich Kytnar,
Valérie Kleindienst,
Oscar Briche (Still sending Emails damanding Money in March 2007),
Natalia Mohamed,
Julia Walker,
Sieglinde Kavan,
Sophie Faulcon,
I*****d K****r-S*****a, (Name removed per request, 29/10/08)
Andrej Schergin,
Geoffrey McKay,
Gabriele Guidi,
Alicia Bankhofer (Still sending Emails damanding Money in March 2007),
Sandrine Saegaert,
James Bruce Gaston,
Jasmina Milovanovic,
Martha Sinfield,
Danuta Dudo,
Julia Schwammenschneider,
Claudia Krenn,
Sabine Urban,
Katja Künzel,
Karin Goldmann,
Alexandra Feichtinger,
Marianna Huber,
Karl Bauer,
Harald Fila,
Christian Zbornik,
Manuela Bacsalmasy,
Eva Mombour,
Petra Daninger,
Alfred Obermayer,
Wolfgang Valvoda
Katerina Kombercova very active in sending Emails for CD, Has been made aware, that people sign in error but continues to hound victims for money 2007, Not on original webpages
Frederik Huiden Signs cover letters (that accompany forms mailed in March 2007) as 'Project Manager', Not on original webpages

Previously listed on http://www.construct-data.info/team.html, page Removed 2005 Valentin Lüdenbach

Sometime between May 2005 and 28th September 2005 the list of staff on http://www.cdnet.at/html/team1.html and http://www.cdnet.at/html/team2.html was removed and replaced with general email contacts, http://www.cdnet.at/html/team3.html Remained on the company's servers, naming the staff in Accounts as well as EDP and the CEO. Wolfgang Valvoda Remained listed as CEO on a large number of the Link Farm Domains, such as http://www.find-best-tradeshow.com/ - Present when Checked 2nd Oct 05, Removed when re-checked 30th Oct 2005

Some of the domains give the Email address bewerbung@cdnet.at for potential employess wishing to seek work. This address does not correspond to any of the staff listed above.

In January 2004 Construct Data registered a number of new domains, these appear to serve little other function than acting as a crude link-farm.

The Acquisition of domain names has continued ever since, most but not all of the domains below are part of the link farm. Initially many of the domains were hosted at IP address 216.193.193.73 which also hosted link farms for Ovag International AG. At an undetermined date at the end of 2004 or early in 2005 Construct Data's domains were moved to the company's own IP block. Around this Time Ovag's Link Farm domains were also moved.

Unless noted below all now share the IP 212.16.42.94 (Last Checked 25th Feb 2005).

www.cdnet.at
www.construct-data.de
www.construct-data-publishers.de
www.construct-data-verlag.de
www.construct-data-online.de
www.construct-data-verzeichnis.de
www.construct-data-informationen.de
www.cd-verlag-ag.de
www.cd-kunden.de
www.cdverlag-ag.de
www.informationen-construct-data.de
www.online-cd-verlag.de
www.construct-data-news.de
www.cdv-onlinepartner.de
www.cdv-info.de
www.cd-informationen.de
www.fairguide.com IP 212.16.42.82
www.fairguide.com
www.messekatalog.org
www.ms-guide.com
www.1st-fair.com
www.manufactureguide.com
www.manufacture-guide.com
www.fairguide-directory.com
www.fairguide-exhibitors.com
www.fairguide-directory-exhibitors.com
www.fairguide-exhibitors-directory.com
www.fair-guide-directory.com
www.fair-guide-exhibitors.com
www.fair-guide-exhibitors-directory.com
www.messekatalog.net
www.independent-fairguide-directory.com
www.fair-guide-information.com
www.construct-data-unternehmen.at
www.construct-data-publishers.at
www.construct-data-verlag.at
www.construct-data-online
www.construct-data
www.cdv.co.at
www.construct-data-info.at
www.cd-online.at
www.construct-data-kunden.at
www.construct-data-verzeichnis.at
www.construct-data-service.at
www.construct-data-unternehmen.at
www.online-messekatalog-register.at
www.cd-verlag.at
www.cdv-info.at
www.online-cdv.at
www.construct-data.biz
www.find-best-tradeshow.com
www.fairguide-planning-zone.com
www.interactive-fair-guide-directory.com
www.fairguide-planning.com
www.my-personal-fair-guide.com
www.your-fairguide.com
www.e-global-fair-directory.com
www.fairguide-portal4u.com
www.international-fair-guide-portal.com
www.fairguide-schedule.com
www.global-fairguide.com
www.fair-guide-online-publication.com
www.tradefair-portal.com
www.online-fairguide-publication.com

Rulings Against Construct Data
Fair Guide's staff appear to have some difficulty in formulating a contract that does not lead to disputes with advertisers, negative publicity and adverse rulings. We hope that eventually the graphics department will make the adjustments necessary to stop the continuation of this farce....

The Chemnitz Regional Court ruled in June 2004 that the offers formulated by Construct Data AG are formulated in such a way that an intention to deceive in the sense of code 263 Par. 1 St GB German Criminal Code (Fraud) Please note that this is a translation of the original. A copy of the judgement can be obtained from AUMA Attorney at Law Silvia Bauermeister, email: s.bauermeister@auma.de, Telephone : +49 (0)30-24 000 103.
Fuller Translation: http://www.vertikal.net/en/stories.php?id=1266

The Austrian Advertising Council (ÖWR) Issued an alert in January 2005 that it has twice investigated the mailing and found it to be misleading, and hence in breach of the Austrian Advertising Code. The report goes on Construct Data Publishers Verlag were also asked to ensure that all future advertising should state payment obligations clearly and prominently and that its advertising should not mislead by ambiguity. However, the trader continues to distribute the mailing unchanged

This is significant in that it shows Construct Data are aware of the misleading nature of their forms this would make it almost impossible for them win a positive judgement in court
Full Warning http://www.werberat.or.at/news.asp?id=38

.

If you have been affected by Construct Data AG, please join the email list below!

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