General Terms and Conditions for Exhibitions and Events (as at October 2010)
By registering, the exhibitor makes a binding and irrevocable offer. Additions and amendments to the registration form and the Terms and Conditions of Business cannot be accepted. By submitting the registration, the exhibitor declares that he accepts the General Terms and Conditions of Business in their entirety. These T&Cs shall also apply accordingly to all other services and additional orders, such as the setting up and dismantling of the exhibition stand, the renting out of exhibition equipment, and the provision of electricity, water and any other amenities.
2. Space allocation
Once the registration has been received by the organiser (by post, fax, e-mail, etc.), the exhibitor undertakes to participate in the exhibition or event. The organiser shall not be obliged to accept the offer. The registration will be considered in view of the exhibition spaces available. Submitting the registration form does not equate to a guarantee that an exhibition space will be allocated. Exhibition spaces will be allocated solely by the organiser and according to the product group classification. Written confirmation of the stand will be issued in the event of approval and therefore acceptance of the offer. The organiser can therefore take space preferences (showroom/exhibition space in the hall) into account only to a limited extent.
3. Stand rental
The rental prices that appear on the registration form shall apply for the duration of the event. Each square metre, or part thereof, shall be charged in full. All rental prices exclude VAT and other fees.
4. Cancellation of registration
- In the event that registration is cancelled, the exhibitor shall pay the following cancellation fees to the organiser: 40% of the agreed stand rental fee if cancelled before the official registration deadline (see front page); 100% of the agreed stand rental fee plus organisation fees, taxes, charges and any other additional fees if cancelled after the official registration deadline. The cancellation fee shall be paid as a flat rate for damages, irrespective of any fault, whereby the exhibitor waives a reduction of the claim for damages, particularly judicial restraint, for whatever reason, including a claim for the adjustment of profits. The exhibitor acknowledges that the cancellation fees shall also be paid in the event that the organiser successfully rents out or sells the exhibition stand to a third party. The assertion of a claim for damages that exceeds the agreed cancellation fees shall remain unaffected.
- The organiser reserves the right to cancel or cut short the event for serious reasons or, if governmental authorities or other compelling circumstances so require, to relocate or restrict the area made available. This shall not entitle the exhibitor to withdraw from the contract. The exhibitor may not claim for damages towards the organiser for the above-mentioned reasons.
- In the event that organisational reasons prevent the organiser from carrying out the exhibition project, this will be announced eight weeks before the event and the exhibitor's registration will be cancelled at no charge. In this case, the exhibitor may not make any claim for costs or damages whatsoever towards the organiser (despite confirmation of participation or stand).
- If the event cannot be held due to force majeure, strike or political action, claims for damages of any kind by the exhibitor towards the organiser are also expressly excluded. The organiser shall inform the exhibitor without delay if the exhibition will not be taking place.
5. Payment conditions and accounting
The rental fee including operating costs and the organisation fee shall fall due no later than five weeks prior to the event without any deductions. Invoices issued after this date shall fall due immediately. Payment of the invoice must be received on time before the allocated stand is handed over. In the event that the invoice is not received by the organiser on or before the due date, the organiser shall be free to re-allocate the stand without further notice. In this case, Point 4 of these T&Cs shall apply. The exhibitor shall not be entitled to withhold or refuse payment of or to offset amounts against any invoices due owing to counterclaims of any kind. All services shall be charged VAT at 20%. A 1% contractual fee shall be applied to the total costs including VAT. In the event that payment is not received on time, we shall be obliged to charge the current rate of interest, plus any resulting legal assistance costs (solicitors' fees). The rental and operation costs shall apply for the duration of the exhibition, including the arrival and departure days as specified by the organiser. If accountancy is undertaken by another company (supplier/producer) instead of the exhibitor/contractual partner, the latter shall remain liable for non-payment of the invoice amount. If the invoice is re-issued at the request of the exhibitor, the statutory contractual fee of 1% of the total amount + VAT shall be charged again.
6. Withdrawal of the allocated space
The organiser shall be entitled to withdraw the allocated space in the event that:
- The exhibitor does not honour his payment obligations on time
- In the meantime, bankruptcy proceedings, out-of-court settlement proceedings or liquidation against the exhibitor occur or become imminent
- There are accounts outstanding from previous exhibitions
- The exhibition theme is not or is no longer compatible in these cases, Point 4 shall apply accordingly, including in the event that only one of the above-mentioned points is valid.
7. Equipment in the exhibition rooms/spaces
- Showrooms/room equipment
2 tables, 8 seats, a row of garment rails or compartments, changing room screen with mirror. The keys to the rented showroom shall be handed over at the centre's information point in return for a deposit guarantee of EUR 40 and upon presentation of photo ID.
- Exhibitions halls/equipment
up to 30 m2: 1 table, 4 seats, changing room screen with mirror, a row of garment rails or compartments.
up to 50 m2: 2 table, 8 seats, changing room screen with mirror, a row of garment rails or compartments.
- The official height of the stand is 2 m for trade exhibitions (2.5 m for public exhibitions). Additional structures or advertising may only be installed with the prior written consent of the organiser. All exhibition stands and showrooms are fitted with sufficient general lighting. The organiser must be informed in good time before the event of any additional lighting installed by the exhibitor himself or by an electrical contractor and the installation must be approved by a licensed electrician contracted by the organiser (inspection of available connection values??). These works shall be billed separately to the exhibitor. The additional power consumption as well as the potentially required installation of a meter resulting from the additional lighting shall be billed to the exhibitor. The fixtures and fittings as well as exhibition and showroom floors, walls, windows and showroom window panes are handed over in a clean condition at the time of acquisition. In the event that the stand or showroom is returned in a dirty or damaged condition, the costs required to restore or clean it shall be billed to the exhibitor. (Please ensure in particular that any advertising stickers that have been affixed are removed without leaving residue and causing damage to the paint.) The affixing of advertisement (posters, banners, etc.) outside of the stand is only permitted with the written permission of the organiser and shall incur a charge. A surcharge of 25% shall apply to orders of rental furniture from 7 days before the event takes place.
8. Setting up, dismantling and design of stands
Any equipment or stand structures brought into the exhibition by the exhibitor must fulfil the general safety and fire regulations applicable in Austria. (e.g. stability of the stands, safety of suspended objects, textile materials and decorative items must have B1 + Q1 quality, etc.), passageways and general surfaces must always be kept clear, i.e. no parts protruding/exhibits placed in the passageways. If the stand is constructed by the organiser, nailing, drilling or glueing onto PVC-coated walls are not permitted. In the event of any damage, the price of a new stand shall be billed. Painted walls may be decorated subject to the condition that the decorations be removed by the exhibitor immediately after the event. If the decorations are not removed, they will be done so by the organiser and the exhibitor shall be billed. In the event of any damage, the price as new shall be billed. The set-up and dismantling times specified in the exhibitor information must be strictly adhered to. If the rented area is unoccupied on the set-up day or no notification of a late arrival has been received, the organiser reserves the right to re-assign the space from that point onwards without further notice. However, the total rental amount must still be paid. Set-up must be completed by the time specified by the organiser. It is not permitted to exceed the set-up/dismantling time. In the event that the set-up/dismantling time is exceeded, claims for damages of any kind shall remain excluded. If dismantling time is exceeded, the organiser shall be entitled to have the stand cleared and stored at the cost and risk of the exhibitor. The stand must be restored to its original condition after dismantling. The exhibitor shall reimburse the organiser in respect of any costs incurred as a result of improper handling.
9. Exhibition times
The exhibitor undertakes to occupy the showroom/exhibition stand at least 2 hours before the start of the exhibition and to remain there during the entire exhibition – particularly on the last day of the exhibition – until the exhibition ends at 17:00 or depending on the opening times of the specific exhibition. In the event that this is not observed, the organiser shall charge the standard penalty of €1000.
10. Liability and compensation / exhibition insurance
In accordance with the Insurance Act, all items not fixed to the building (such as exhibition items and stand equipment brought in and left behind by the exhibitor) are not covered by the organiser's insurance for fire or water damage, irrespective of who is at fault, or for theft or damage. The organiser shall accept no liability for any loss or damage suffered by the exhibitor relating to exhibition items and stand equipment brought in and left behind by the exhibitor. The organiser shall not be obliged to take out any kind of insurance to this end. The stand rental amount does not include any insurance for items brought into the exhibition stand, for the stand itself or for any stand equipment. If insurance is taken out with the organiser or an insurance company, separate conditions made in writing shall apply once the insurance enters into force. It is recommended to take advantage of the special conditions of an insurance policy agreed with the insurance company in order to exclude any possible risks. The organiser shall accept no liability for any vehicles parked by exhibitors, their employees or representatives on the exhibition site. Exhibitors are liable for their part for any damage to persons or property caused by themselves, their employees, their representatives, their exhibition items or their equipment. The organiser shall be indemnified and held harmless. Each exhibitor has an increased duty of care for the safety of its property during set-up and dismantling times. Valuable and easily removable exhibition items must be removed from the stand outside of the exhibition opening times (especially at night) and stored at the exhibitor's own risk. The organiser shall not accept certain postal items for exhibitors and shall not be liable for any losses or for incorrect or delayed delivery. The exhibition forwarding agent stores exhibition goods and packages at the exhibitor's own cost and risk. It is forbidden to remain in the halls and on site overnight. The organiser shall not be liable for financial, health or any other damage of any nature whatsoever caused toward the exhibitor, his employees or third parties for any reason whatsoever, in connection with the preparation, execution and completion of an exhibition. The organiser shall not be liable for loss of earnings. This exclusion of liability shall not apply to damage caused intentionally or through gross negligence by the organiser or its authorised agents. It is incumbent upon the claimant to prove this condition. Any claims by the exhibitor shall be notified to the organiser immediately, failing which they shall be deemed to have been forfeited. No liability shall be accepted for incorrect advertisements or entries in the official exhibition catalogue and/or other printed exhibition materials (printing errors, syntactic errors, incorrect classification, omission, etc.).
11. Exhibitor advertisement at the event location
Banners, company signs, advertisement signs and other advertising material may not be placed or distributed outside of the stand, protrude into the passageways or exceed a height of 200 cm for trade exhibitions and 250 cm for public exhibitions. The placing of advertisement signs, posters or other advertising material or the distribution of advertising material outside of the stand, especially in the car park, is only permitted by special agreement with the organiser and will be billed separately. In the event of unfair competition against other exhibitors, the organiser shall be entitled to close the stand immediately, in which case a reduction of the stand rental amount and other costs shall be excluded. There are a few areas provided for this purpose, which shall be allocated after the request submission deadline. Any extra equipment and decoration desired shall be at the exhibitor's own expense!
12. Special events
Special events, demonstrations using picture and sound, etc., in the exhibition spaces may only be conducted with the written consent of the organiser. Approved special events or demonstrations shall be carried out such that no nuisance is caused by noise, dust, exhaust fumes etc. and other exhibition events are not affected. Noise levels above 40 dBA measured at the area boundary are prohibited. The organiser may close the area if this regulation is breached. Any type of open fire is strictly forbidden. A permit for exemption from this point concerning scented candles on the stand, for example, must be requested in writing beforehand from the organiser. The approval of a permit will depend on the relevant fire safety assessment, for which the costs shall be borne by the applicant. In addition, an officially inspected fire extinguisher is mandatory. In the event that a fire alarm is triggered as a result of a breach, the person responsible shall bear the associated costs. The fuel tanks of any vehicles or engines that contain combustible fuel or oil must be emptied and the battery removed before being brought into the exhibition area. Registration with AKM must be completed by the relevant companies themselves.
13. Film and photography
The organiser shall be granted permission to film and take photos of the site and to use the recorded material for private or general publication. The exhibitor shall waive any objections with regard to copyright in this respect. Exhibitors are not permitted to take photos or make films, drawings or other illustrations of the exhibition and exhibition items other than their own, or to allow any of the foregoing.
The organiser is responsible for cleaning the site and the passageways in the halls. Responsibility for the cleaning of the stand shall fall upon the exhibitor. The stand cleaning may be undertaken by a cleaning company authorised by the organiser at the request and expense of the exhibitor. Packaging and waste material that the exhibitor leaves on the passageway or places to the side shall be removed at the exhibitor's expense. The exhibitor himself shall ensure the disposal of any special waste.
15. General surveillance
General surveillance of the hall (external surveillance of the exhibition halls, surveillance of the hall entrances and periodic patrol of the halls by security personnel) shall be put in place by the organiser during the exhibition (including set-up and dismantling times). Exhibitors shall not be entitled to special surveillance of their own stands. Stand surveillance shall be ordered separately and will be charged additionally. In the event that the exhibitor contracts surveillance of his stand during and outside of the opening times by an external security company, the exhibitor must inform the organiser in writing.
16. Breach of the Terms and Conditions of Business, Breach of the law
The General Terms and Conditions of Business and the relevant statutory provisions must be strictly observed. All fire and event regulations must also be strictly adhered to. Any non-compliance and/or a breach of the exhibition conditions or the contractual agreements and the infringement of legal provisions shall entitle the organiser to close the allocated exhibition stand immediately at the exhibitor's expense and to clear the stand without any legal proceedings. The orders and instructions of the organiser or his agents must be strictly observed by the exhibitor, its staff and its authorised representatives. This shall also apply in particular to the exhibition site's car park.
17. Data protection
The exhibitor gives his express permission in accordance with the Data Protection Act for any information that he makes available to the organiser to be electronically processed and published. In accordance with the Telecommunications Act, the exhibitor hereby gives his consent, which may be revoked at any time, to receive information by email in future from Brandboxx Salzburg GmbH about its exhibition events.
18. Requirement of the written form, custom and practice
Amendments, additions and deletions to this Agreement, as well as additional verbal agreements must be confirmed in writing by the organiser in order to take legal effect. Additional verbal agreements shall not be valid. The exhibitor may not derive any rights whatsoever from previous events or agreements.
19. General provisions, Place of jurisdiction and place of performance
Austrian law shall apply exclusively. The place of jurisdiction and place of performance shall both be Salzburg. Any individual provisions of the General Terms and Conditions of Business found to be invalid shall not affect the validity of the remaining provisions. The present business and exhibition conditions shall also apply to any other agreements concluded between the exhibitor and the organiser relating to the exhibition participation. Correspondence to take legal effect may be sent to the last address provided by the organiser.