General Conditions Masters of LXRY 2016
Clause 1 – Definitions
In these General Conditions for participation in Masters of LXRY (hereinafter referred to as ‘Conditions’) the following terms are given to have the following meanings: Fair: Masters of LXRY, Organiser: LXRY Media Group B.V., Exhibitor: any natural or legal person with whom the Organiser negotiates the conclusion of an Agreement, Agreement: the agreement concluded between Organiser and Exhibitor for participation in the fair and any amendments or additions to that agreement, Exhibition Venue: Amsterdam RAI complex, Europaplein, Amsterdam.
Clause 2 – Applicability
These Conditions constitute part of the Agreement and apply to all related (legal) negotiations between Organiser and Exhibitor. Organiser expressly rejects the applicability of any of the Exhibitor’s or any third party’s specific or general conditions or stipulations.
Clause 3 – General
The fair will be held on 8, 9, 10, 11 and 12 December 2016 in the Amsterdam RAI, Europaplein, Amsterdam. The official opening of the fair will be on 8 December 2016 and the fair will be open on this day from 20.00 to 01.00 hours. The fair is open from 13.00 to 22.00 hours on Friday 9 December, from 13.00 – 22.00 hours on Saturday 10 December, from 11.00 – 21.00 hrs on Sunday 11 December and from 12.00 – 19.00 hrs on Monday 12 December
Clause 4 – Conclusion of an Agreement
An Agreement is only concluded if and insofar as Organiser accepts a registration by Exhibitor for participation in the fair in writing. Organiser expressly reserves the right to refuse participation in the fair after registration without giving any reason and without the registrant being able to derive any rights from such refusal.
Clause 5 – Obligations of the Organization
Organiser shall take care of the preparation and organization of the fair, publicity for the fair, the rental of the Exhibition Venue, security, the presence of a secretarial office and the supply of standard stand areas. Only Organiser shall allocate Exhibitor a stand area in the Exhibition Venue, taking the Exhibitor’s wishes into account as far as possible. Organiser reserves the right to allocate Exhibitor a larger or smaller stand area than Exhibitor has requested, without Exhibitor deriving any rights from such allocation.
Clause 6 – Obligations of the Exhibitor
Exhibitor shall remit the participation fee in accordance with what is defined in that respect in Clause 11. Exhibitor shall furnish and decorate the rented stand area promptly and dismantle it in accordance with what is defined in that respect in clause 7. Exhibitor shall use the allocated stand area solely for exhibition purpose, shall supervise or arrange supervision of his stand during the opening hours of the fair, shall not exhibit any goods at the allocated stand area under the name of third parties and / or display or distribute promotional materials of third parties, shall not exhibit or organise any promotional activities or conduct any business in the broadest sense of the words outside the allocated stand area and shall follow the instructions of Organiser and its staff and the security personnel. Exhibitor shall ensure that the furnishing and decoration of the stand and the goods and services exhibited are in accordance with all relevant laws and legislation, including the applicable fire regulations, municipal bye-laws and the house rules of the Exhibition Venue.
Organiser reserves the right to instruct Exhibitor, if necessary, to change the furnishing and / or decoration of his stand either in the interest of the Fair or due to the aforementioned law and legislation. Organiser is entitled, where necessary, to have changes made to the stand by the stand building firm contracted by Organiser. Exhibitor is responsible for any associated costs. Exhibitor is responsible for the conduct of all persons appointed by him or working under his supervision. Organiser is entitled to remove anyone from the Exhibition Venue who is disturbing the order and peace or threatening to do so or exceeding the generally accepted bounds of respectable behaviour and good manners, the definition of such being solely at the discretion of Organiser.
Organiser and its staff and members of the security service have free access to all stand areas at all times to exercise control or carry out work in the interests of the fair. If, during or before the fair, any reasonable doubt arises as to the origin or ownership of any object, Exhibitor undertakes to allow the object in question to be stored in an enclosed area designated by Organiser to determine the origin or ownership of such object. In such a case, Exhibitor shall cooperate fully in limiting any unwelcome publicity for the fair and / or Organiser as far as possible.
Clause 7 – Construction / dismantling time schedule
The Exhibition Venue is open for constructing and setting up stands and bringing in exhibition materials on Wednesday 7 December 2016 from 08.00 to 20.00 hours and Thursday 8 December 2016 from 08.00 hours, unless otherwise agreed. The stands must be fully furnished and decorated by Thursday 8 December 2016 at 13.00 hours. Removal of the exhibition materials and dismantling of the stands must be carried out on Monday 12 December 2016 from 19.45 hours and on Tuesday 13 December 2016 from 08.00 to 18.00 hours, unless otherwise agreed. Should Exhibitor fail to comply with the aforementioned times, then Organiser reserves the right to take appropriate measures, including cancellation of participation in the fair and dismantling and removing the stand at the cost of Exhibitor.
Clause 8 – Cancellation by Organiser
Organiser has the right to cancel, relocate and / or postpone the Fair by informing Exhibitor by means of verbal and / or written cancellation and / or notification for important reasons, at the discretion of Organiser. In the event of relocation and / or postponement, Exhibitor is bound by such unless Exhibitor cancels the Agreement by registered letter within two weeks of notification. Organiser is not liable in any way for any damages suffered by Exhibitor and / or third parties as a result of the cancellation, relocation and / or postponement. In the event of cancellation, Organiser shall refund Exhibitor any participation fees already paid by Exhibitor at the time of cancellation, on the understanding that Organiser may withhold all amounts necessary for covering any costs incurred in the interests of the fair up to the time of cancellation, pro rata. In the event of force Majeure what is defined in clause 15 applies and Exhibitor cannot claim any refund of participation fees already paid. Organiser advises Exhibitor to ensure that a cancellation clause is included in his own insurance.
Clause 9 – Cancellation by Exhibitor
Exhibitor has the right to cancel his participation in the fair up to six months before the setup of the fair, 8 June 2016, giving his reasons. In this case, Exhibitor shall pay Organiser 25% of the total participation fee. In the event of cancellation within four months of the setup of the fair, 8 August 2016, the Exhibitor shall pay 75% of the total participation fee. Cancellation till 1 month before the event, 8 November 2016, Exhibitor shall pay Organiser 100% of the total participation fee. Cancellation after 8 November 2016, the Exhibitor shall pay 125% of the total participation fee. The cancellation fee of 125% represents the costs already incurred and to be incurred as a result of the cancellation. Upon cancellation, the cancellation fee must immediately be paid with a maximum payment period of 14 days.
Clause 10 – Prices
All Organisers prices and other rates are expressed in Euros and exclusive of turnover tax (VAT). The participation fee includes the costs of the stand area, the rental of the Exhibition Venue and extras agreed in writing. The participation fee does not include other costs such as transport, loading, unloading and installing Exhibitor’s materials, travel and accommodation expenses for the stand personnel, or extra fitting out of the stand with furniture, display cases, decoration or extra lighting, for example. Organiser is entitled to charge Exhibitor for increases in cost price factors, for example, by means of an increase in rates. If such a rate increase is charged within three months of concluding an agreement Exhibitor is entitled to dissolve the agreement immediately.
Clause 11 – Payment
Along with the written confirmation of participation Exhibitor will receive a written confirmation of the payment agreements made. Exhibitor shall strictly observe the agreements made. No later than fourteen weeks before the fair, or as much earlier as prescribed by Organiser, Exhibitor will receive an invoice or last part invoice for the total participation fee. This invoice must be remitted within fourteen days of the invoice date. If registration takes place less than fourteen weeks before the opening of the fair, then Exhibitor will receive an invoice for the entire participation fee at the same time as written confirmation of participation. Exhibitor shall remit the participation fee within five days whereby the participation fee must be credited to Organiser’s account within five days. If the entire participation fee has not been credited Organiser’s account one month before setup of the fair, 8 November 2016, then payment is still due, but participation is ruled out. All amounts due to Organiser must be remitted without discount, withholding or deduction. Exhibitor has no right to suspend any obligation to pay Organiser. Organiser is entitled to refuse Exhibitor access to the fair until Exhibitor has made full payment. On expiry of the payment period Exhibitor is automatically in default. Default interest is payable by Exhibitor on all amounts not paid by one month before setup of the fair, 8 November 2016, from that day at 1% per month, calculated up to the day of full payment whereby part of a month is calculated as a full month. Each year, at the end of the year, the amount on which the interest is calculated will be increased by the interest owed for that year. If Exhibitor is in default in respect of Organiser he is obliged to pay Organiser all cost incurred both in and out of court in full. The costs incurred out of court payable by Exhibitor amount to at least 15% of the amount remaining unpaid, with a minimum of € 200 each time. This condition can be invoked even if Organiser has only had to send a single reminder, notification of default or demand or instruct a third party to do so.
Clause 12 –Organiser’ liability
Organiser does not accept any liability for damage ensuring in any way from any acts or emissions on the part of Organiser or its subordinates or third parties under its supervision during the setup, dismantling or duration of the fair or in any other way connected to the fair. The aforementioned includes, in particular, loss, theft or damage of materials belonging to Exhibitor or third parties, damage as a result of power cuts, variations in current or interruptions in the heating or lighting, any injury sustained by Exhibitor or third parties within the context of the fair, resulting damage suffered by Exhibitor or third parties, including losses due to delays, trading losses, financial loss and immaterial damage. Neither is Organiser liable for the content of the message expressed by Exhibitor during the fair. Should the Organiser nevertheless be held liable then Organiser’s liability towards Exhibitor is limited at all times to a maximum of twenty percent of the amount of the agreed participation fee.
Clause 13 –Exhibitor’s liability
Exhibitor is liable for all damage ensuring from any act or emission on the part of Exhibitor or his subordinates or third parties under his supervision during the setup, dismantling and duration of the fair or in any way connected with the fair. The above includes, in particular, any damage caused to stand materials and injury sustained by persons during the aforementioned period in the Exhibition Venue.
Clause 14 – Indemnification
Exhibitor indemnifies Organiser against any claims by third parties including remuneration of losses, costs or interest. More particularly, Exhibitor indemnifies Organiser for all claims by third parties in respect of the use by Organiser of any text or image material supplied by Exhibitor, including claims by third parties in respect of (alleged infringement of) intellectual property rights and / or regulations with regard to advertising. Exhibitor also indemnifies Organiser against all claims by third parties whatsoever in respect of loss, theft or depreciation of goods and / or damages or injury sustained by persons connected in any way with the fair.
Clause 15 – Force Majeure
If Organiser is unable to fulfil its obligations towards Exhibitor due to a non-attributable shortcoming, compliance with that obligation will be suspended for the duration of the force majeure. Force Majeure is given to mean, in any event, any circumstance independent of Organiser’s will that obstructs the fulfilment of its obligation towards Exhibitor either partly or entirely, or due to which fulfilment of its obligations cannot reasonably be demanded of Organiser, regardless of whether the circumstances could have been foreseen at the time of concluding the Agreement. Such circumstances include, in any event: states of emergency (such as extreme weather conditions, fire and lightning strike), strikes, non-compliance by suppliers on whom Organiser is dependent for execution of the Agreement (including the operator of the Exhibition Venue and the stand building company), burglary and telecommunication breakdowns. If the force majeure persists for longer than two months, then both parties have the right to dissolve the Agreement entirely or partially by registered post insofar as the force majeure situation justifies as much.
Clause 16 – Insurance
Organiser’s insurance does not cover materials belonging to Exhibitor and third parties as well as transport, delays, loss, theft, damage and depreciation thereof, personal injury and consequential loss. Organiser expressly advises Exhibitor to conclude the necessary insurances himself.
Clause 17 – Default / dissolution
If Exhibitor fails to fulfil any obligation ensuing from the Agreement properly or on time then he is deemed to be in default without notice of default and Organiser is entitled to suspend execution of the Agreement until fulfilment by Exhibitor has been sufficiently ensured and / or dissolve the Agreement partially or entirely without refund of any payments. In the event of (temporary) moratorium on payment, bankruptcy, closure or dissolution of Exhibitor’s company, the Agreement with Exhibitor will be legally deemed dissolved.
Clause 18 – Amendments and additions
Amendments and additions to any of the conditions in an Agreement and / or Conditions are only valid if laid down by Organiser in writing and only apply to the Agreement in question.
Clause 19 – Transfer of rights
Organiser is entitled at all times to transfer the rights ensuing from the Agreement to third parties. Exhibitor is only entitled to do so after prior written consent from Organiser.
Clause 20 – Applicable law and competent court
These Conditions and the Agreement are governed by the law of the Netherlands. Any disputes as a result of an Agreement or these Conditions shall be settled, insofar as not otherwise imperatively prescribed by law, by the competent court of Amsterdam.