General Terms of Business
The application represents an irrevocable and binding proposal by the expositor. Any additions or changes to the application form and to these terms of business are not allowed. By sending in the application, the expositor accepts these General Terms of Business (AGB) in their entirety. These AGBs apply accordingly also to all other services and supplemental contracts, such as the set-up and take-down of the fair booth, rental of fair equipment, provision of electricity, water and other utilities.
2. Space Assignment
Upon receipt (post, fax, email etc.) of the application by the sponsor, the expositor shall be obligated to participate in the fair or exposition. The sponsor is not required to accept the application. Acceptance of the application shall be governed by the available exposition space. Acceptance of the application form does not yet signify a guarantee for assignment of an exposition space. The assignment of an exposition space shall occur solely by the sponsor and according to an organization of product groups. Admission to the fair and thus acceptance of the application shall be by sending a written confirmation of fair booth. Thus the sponsor can only conditionally take account of requests to reserve a particular space (show room/exposition space in the hall).
3. Booth Rental
The rental prices listed on the application form shall apply for the duration of the exposition. Any rented fractional square meter shall be rounded up when calculating the rental price. All rental prices are quoted excluding sales tax and other fees.
4. Cancellation of Application
- For cancellation of an application the expositor shall pay the following cancellation fees to the sponsor: By the official closing date for applications (see front page) 40% of the agreed booth rental rate shall be due and payable. After the official closing date, 100% of the agreed booth rental rate shall be due and payable, together with organizational fees, taxes, any outlays and associated expenses. The cancellation fee is deemed to be a fee for compensation of damages. The expositor waives any claim to a reduction in the claim for compensation of damages, in particular any court moderation for any reason whatsoever, even for grounds of adjustment of profit. The expositor is aware that the late fees shall also be paid even if the sponsor succeeds in renting or selling the fair booth to a third party. The enforcement of a claim for compensation of damages going beyond the agreed cancellation fee shall remain thereby unaffected.
- The sponsor reserves the right to cancel the exposition for serious grounds, to change or shorten the time, or if official regulations or other compelling circumstances require, to shift or to restrict the available rental area or space. Such circumstance shall not entitle the expositor to withdraw from the contract. The expositor cannot derive any claims for compensation of damages from the sponsor due to the circumstances above.
- If the fair cannot be held by the sponsor due to organizational reasons, then such cancellation shall be noticed to the expositors 8 weeks before beginning of the fair, and the expositors’ applications shall be cancelled with no fee. In this case the expositor (in spite of any approval of participation or confirmation of booth) cannot enforce any claims for compensation of damages or expenses against the sponsor.
- If the exposition cannot be held due to force majeure, strike or political events, then the expositor’s claims for compensation of damages, of any kind whatsoever, against the sponsor shall not be allowed. The sponsor shall notify the expositor immediately about the cancellation of the fair.
5. Payment Terms and Billing
The rental invoice, including operating costs and organizational expenses shall be due and payable, without any deduction, at the latest 5 weeks before beginning of the exposition. Any invoices issued after this time shall be payable immediately. The timely payment of an invoice is a requirement for occupancy of the assigned booth. If payment has not been received before the due date, then the sponsor is entitled to make other disposition of the assigned booth without any further ado. In such a case, Section 4 of the AGB shall apply. The expositor is not entitled to withhold any portion of the payment or to refuse payment due to any counter-claims against the sponsor. All services shall incur a 20% sales tax.
A contract fee of 1% shall be added to the total costs, including sales tax. If payment is not received on schedule, then we shall be compelled to charge the current interest rate, in addition to any incurred legal expenses (attorney costs). The rental and operating expenses shall cover the duration of the exposition and also the arrival and departure date announced by the sponsor. If the invoice is not to be paid by the expositor/contract partner, but rather by another company (supplier - producer), then the expositor/contract partner shall be liable for any failure to pay the invoice. If the invoice is assigned to another party upon request of the expositor, then the 1% contract fee on the total amount, plus sales tax, shall be invoiced again.
6. Cancellation of Assigned Space
The sponsor is entitled to cancel the assigned space when:
- The expositor does not make the required payment on schedule,
- Bankruptcy proceedings, extra-judicial compensation proceedings or liquidation have since been filed or are pending against the expositor,
- There are still uncollected receivables from prior fairs, or
- The theme of the fair no longer applies to the expositor. In these cases, Section 4 shall be applied accordingly, even if only one of the above-stated items occurs.
7. Equipment in the Exposition Areas and Rooms
- Showrooms/Space equipment
- 2 tables, 8 chairs, a row of garment rails or cubbies, changing room with mirror. Pick up the key to your rented showroom at the information booth; you must provide a deposit of 40 euros and a photo ID.
- Exposition Hall / Equipment
- Up to 30 m2: 1 table, 4 chairs, changing room with mirror, a row of garment rails or cubbies.
- Up to 50 m2: 2 tables, 8 chairs, changing room with mirror, a row of garment rails or cubbies.
- The official height of the booth is 2 m for technical fairs (2.5 m for public fairs). Any protruding structural elements or advertising supports may only be installed after prior written consent of the sponsor. All booths and showrooms at the fair shall be equipped with sufficient lighting. Any additional lighting installed by an electronics company must be announced to the sponsor in a timely manner before the exposition and the installation must be approved by an electrical installation company approved by the sponsor (verification of available electrical connection). This service shall be invoiced separately to the expositor. The increased power consumed by this additional lighting, and the installation of a separate meter (if required) will also be invoiced to the expositor. The equipment articles, the exposition and showroom floors, walls, windows and showroom windows shall be provided in a clean condition. If contamination or damage is found upon return of the booth or showroom, then the repair or cleaning costs shall be invoiced to the expositor. (Please note that any adhered advertising must be removed without any residue and without damage to the lacquer.) The attachment of advertising (posters, transparencies, etc.) outside of the booth is only allowed with the written permission of the sponsor and will incur a fee. Orders for rental furniture more than 7 days before the fair shall incur an additional price of 25%.
8. Set-up, Take-down and Structure of the Booths
Furniture and finishings or booth structures set up by the expositor must comply with the safety or fire-prevention regulations currently applicable in Austria (e.g.: Structural integrity of the booths, safety of hanging elements, textile materials and decorator elements must be B1- + Q1-compliant. Pathways and general area must be kept free, that is, no components may extend into the pathways and nothing may be set up in the pathways. If the exhibitor sets up the booth, then nailing, drilling or adhesion to PVC-coated walls is not allowed. Any damages will be invoiced separately to the expositor. The painted walls may be papered over, with the condition that the wallpaper be removed immediately by the expositor after the exposition. If the wallpaper is not removed, then this step will be performed by the sponsor and costs invoiced to the expositor. Any damages found will be repaired and also invoiced to the expositor.
The set-up and take-down schedules in the expositor information packet must be observed. If the rented area is not occupied on the day of set-up, or if the expositor has not announced a later arrival date, then the sponsor reserves the right to dispose of the area at the sponsor’s discretion, without further notice, but the expositor shall indeed pay the entire rental fee for the booth. The set-up work must be completed by the time established by the sponsor. The set-up/take-down schedule must not be exceeded. If the set-up/take-down schedule is exceeded, then claims for compensation of damages, of any kind whatsoever, are excluded.
If the take-down time is exceeded, then the sponsor shall be entitled to have the booth structures removed and stored at the cost and risk of the expositor. After take-down, the original condition of the premises shall be restored. Damages caused by improper handling shall be compensated by the expositor to the sponsor.
9. Fair Schedules
The expositor shall occupy the showroom or fair booth no later than 2 hours before the fair begins, and shall keep it occupied during the entire time of the exposition - in particular on the final day of the fair - until closing at 17.00 hours, and at all times while the particular fair is open. Failure to do so will result in a penalty in the amount of 1000 euros.
10. Liability and Compensation of Damages / Fair Insurance
According to insurance law, all objects not permanently attached to the physical building (such as exposition products and standard equipment for the booth provided by the expositor) are not insured by the sponsor against fire or water damage, nor against theft or other damage, regardless of the cause thereof. The sponsor assumes no liability for loss or damage to any exposition property and standard booth equipment provided by the expositor. Sponsor is not obligated to obtain any insurance coverage of any kind. Rental of the booth does not include any insurance for the articles installed in the fair booth, the fair booth itself and all other objects of the fair equipment.
If an insurance policy is concluded with the sponsor or with an insurance company, then such insurance coverage is governed by the particular terms specified in the insurance policy. It is recommended that you contact your insurance provider in regard to any particular terms in your insurance policy in order to eliminate any such risks. The sponsor assumes no liability whatsoever for the vehicles parked on the fairgrounds by expositors, their employees or agents. In turn, the expositor is liable for any damages caused by them, by their employees, their agents or by their fair objects and apparatus to other persons or other property. The sponsor shall be indemnified and held harmless.
The expositor shall remain vigilant regarding the safety of their products during the set-up and take-down period. Valuable and easily removed exposition articles shall be removed from the fair booth outside of the fair business hours (in particular at night) and secured by the expositor at their own risk. The sponsor shall not receive any packages intended for the expositor and shall not be liable for any loss thereof, nor for improper or delayed delivery. The fair shipping agent shall warehouse any exposition and packing materials at the hazard and risk of the expositor. Lodging in the halls and on outdoor areas is prohibited. The sponsor is not liable for any damage to assets, health or other property whatsoever, which occur in connection with the preparation, implementation or handling of an exposition of the expositor, their employees or third parties, for any reason whatsoever.
The sponsor is not liable for loss of profit. This exclusion of liability shall not apply to damages caused intentionally or by gross negligence of the sponsor or their representative agents. It is the responsibility of the injured party to prove such culpability. Any claims by the expositor shall be reported to the sponsor immediately in writing, otherwise they shall be deemed as having expired. No liability is assumed for incorrect links or entries in the official fair bulletin and/or other fair publications (printing errors, formal errors, wrong classification, omissions, etc.).
11. Expositor’s Advertising at the Exposition Site
Transparencies, company signs, advertising mottos and other materials may not be set up or distributed outside of the exposition booth; they may not protrude into the pathways nor exceed a height of 200 cm for technical booths and 250 cm for public booths. Setting up advertising placards, boards or other advertising materials or the distribution of such material outside of the booth, in particular on the parking areas, is only allowed with special permission of the sponsor and a separate fee shall be required. Misleading advertising material against other expositors shall entitle the sponsor to close the booth immediately, and in this case no reduction in booth rental or of other expenses is allowed. There are few areas suitable for such business and they will be assigned on a first-come / first-served basis. Any additional equipment or decorations at user’s own expense!
12. Special Expositions
Special expositions, presentations in picture and sound, etc. on the exposition grounds are only allowed with the written consent of the sponsor. Approved special expositions or presentations shall be conducted so that no bothersome noise, dust, exhaust etc. will occur or the progress of the exposition is otherwise adversely impacted. Noise louder than 40 dBA, measured at the edge of the rented booth, is not allowed. Any violation of this regulation may result in the sponsor closing your booth. Any kind of open fire is strictly prohibited. A petition for any exceptions to this regulation, such as fragrance candles at the booth, must be approved in writing in advance by the sponsor.
Issue of an approval depends on the particular assessment of the fire department and any related costs shall be the responsibility of the applicant. In addition, an approved fire extinguisher must also be at hand. If a violation results in a fire alarm, then the originator of the fire shall bear costs of the fire response. If motor vehicles or engines containing combustible fuel and/or oils are used at the booth, then the tank must be drained and the battery disconnected. Applications to the AKM must be handled by the particular companies themselves.
13. Filming and Photography
The expositor is entitled to take photographs and video recordings on the grounds and to use the recorded material for private or general publications. In this connection the expositor shall forfeit all copyrights. The expositor is not allowed to produce, or to have produced, video recordings, photographs, drawings or other images of exposition booths and presented products other than their own.
14. Clean up
The sponsor shall handle clean up of the grounds and pathways in the halls. Clean up of the booths is the responsibility of the expositors. At the request and expense of the expositor, the cleaning team hired by the expositor will handle booth cleaning. Packing material and waste left by the expositor in the pathway or otherwise discarded will be removed at the expositor’s expense. The disposal of special waste must be handled by the expositor.
15. General Hall Monitoring
During the fairs (including set-up and take-down) the sponsor will provide general hall monitoring (external monitoring of exposition halls, monitoring of fair entrances and periodic transit of security personnel through the halls). The expositors have no legal right to any special or separate monitoring of their booth. Any booth security must be obtained by the applicant and paid separately. If the expositor has the booth monitored by a third-party security company during and outside of the fair hours, then the expositor shall so notify the sponsor in writing.
16. Violation of these Terms of Business, Violation of Law
These General Terms of Business and the relevant legal stipulations must be strictly followed. Also all fire prevention regulations and those of the official sponsor shall be followed. Failure to comply and/or violations of the fair terms, of the contractual agreements and a violation of legal requirements shall entitle the sponsor to close the particular fair booth immediately, at the expositor’s expense, and to clean out the booth area without any legal order thereto. The expositor, their personnel and agents must comply with the instructions and orders of the sponsor and their agents. This also applies in particular to the parking area belonging to the fairgrounds.
17. Data Protection
The expositor grants their express consent, pursuant to the data protection law, that the expositor’s personal data provided to the sponsor can be manipulated by automated data processing and publicized. In accordance with the telecommunications law, the expositor gives their consent - revocable at any time - to receive email information in future from Brandboxx Salzburg GmbH about fair expositions sponsored by this company.
18. Written Requirement, Common Law
Any changes, additions or deletions to this contract, or any oral side-agreements, shall only take effect if they are confirmed in writing by the sponsor. Oral side-agreements shall have no effect. The expositor cannot derive any rights of any kind whatsoever from prior expositions or contracts.
19. General Provisions, Court of Record and Place of Performance
Austrian law shall apply exclusively. The court of record and place of performance for both parties is Salzburg. The invalidity of individual provisions of these General Terms of Business shall not affect the validity of the remaining provisions. These present Business and Exposition Terms shall also apply to all other agreements concluded between the expositor and the sponsor within the scope of their participating in the exposition. Any messages delivered to the expositor’s last known address shall be deemed as having legal effect.
Brandboxx Salzburg GmbH
5101 Bergheim bei Salzburg