General Terms and Conditions Bio-beurs Zwolle 2019

Transcription

1 The Bio-beurs Zwolle Organisation Work Group has established the following General Regulations that apply to all agreements it shall conclude in which these General Regulations have been declared applicable. If reference is made to these 'General Regulations' in the overview of stand options of the Bio-beurs (hereinafter to be referred to as: the Bio-beurs Zwolle) to be organised for participation, the following provisions shall apply to this Bio-beurs Zwolle and shall be deemed to be an integral part of the stand options. 'Participant' in these regulations shall be deemed to mean any natural or legal entity who has registered as a Participant of the Bio-beurs Zwolle by using the registration form. General provisions Article 1 a) The Organisers reserve the right to change the dates and times specified in the 'participation terms and conditions' or to cancel the Bio-beurs Zwolle at any time due to special conditions that are not under their control (force majeure in the broadest sense) without Participants being able to assert their rights to compensation for any suffered losses in whatever shape or form or due to whatever reason that may have arisen regardless of whether stand space has already been allocated to them or not. b) Changes to dates and times as referred to above does not entitle Participants to retract their registration in full or in part. c) If the Bio-beurs Zwolle does not go ahead, the registrations and any already allocated stands shall be deemed to be cancelled and the payments made by the Participants in relation to stand hiring shall be reimbursed after deducting the expenses already incurred for the organisation of the Biobeurs Zwolle that may be apportioned in part or in full in relation to the Participants proportionally based on the stand space for which the Participants registered and/or that was allocated. This reimbursement shall take place within 60 days after the resolution is taken not to have the Biobeurs Zwolle go ahead. Entry & Parking Article 2 a) Entry to the Bio-beurs Zwolle for visitors incurs a fee or is based on an invitation through a (digital) contact ticket. b) Parking at the site of IJsselhallen-Zwolle is free of charge during Bio-beurs stand building and dismantling. The car park rate is 10 during the trade fair days. Goods to be exhibited Article 3 a) The goods and services described in the participation terms and conditions may be exhibited at the Bio-beurs Zwolle. The Organisers are entitled to the following without being obliged to pay any compensation whatsoever: 1) To refuse or immediately remove, respectively, from the Bio-beurs Zwolle, even when goods and services as referred to on the registration form referred to in Article 4 are specified, any goods and services that they may deem non-admissible based on that description; or 2) Goods and services that are not specified on the registration form; or 3) Goods and services that are, in their opinion, contrary or that may be contrary to the law, common decency, public order or an orderly course of the Bio-beurs Zwolle; or 4) Goods and services that are contrary to any provision of these regulations or the participation terms and conditions are set up or used at the trade fair venue. b) The goods and services that are listed in paragraph (a) of this Article may be exhibited by the companies, institutions or organisations specified in the participation terms and conditions. c) Protected native and non-native mammals, birds and turtles may be exhibited if the Dutch Ministry of Agriculture, Nature and Food Quality issues a licence by virtue of Section 3 of the Dutch Protection of Animals Act. d) This licence must be applied for by the Participant and must be in possession of the Organisers at least three weeks before the Bio-beurs Zwolle starts. Registration/cancellation Article 4 a) The online registration form that is made available to the Participant must be used to register for participation in the Bio-beurs Zwolle. The registration form must have been submitted fully

2 completed before one of the dates specified in the participation terms and conditions at the latest. The moment that you 'send' the online registration, your registration will be definitive and shall consequently mean that the Participant has accepted all consequences that arise from this registration. b) The completion, signing and submission of the registration form by the Participant is deemed an irrevocable proposal of the Participant to participate in the Bio-beurs Zwolle. This proposal shall apply as accepted by the Organisers as soon as the Organisers allocate a stand to the Participant. c) A registration cannot be retracted and/or amended by the Participant unilaterally. If a Participant wishes to cancel a registration that has already been submitted, a written registered letter must be submitted to the Organisers with such a request. The Organisers may agree to a cancellation request in relation to the registration if the Participant has paid a cancellation fee in accordance with the schedule below: 25% of the stand hire price if the cancellation of the registration occurs at least 6 months before the building of the Bio-beurs Zwolle starts; 50% of the stand hire price if the cancellation of the registration occurs at least 4 months before the building of the Bio-beurs Zwolle starts; 75% of the stand hire price if the cancellation of the registration occurs at least 2 months before the building of the Bio-beurs Zwolle starts; 100% of the stand hire price if the cancellation of the registration occurs at least 1 month before the building of the Bio-beurs Zwolle starts or the amount that needs to be recovered in the opinion of the Organisers as payment due to the costs that have arisen because of the cancellation. d) Only products that are certified by the quality marks set down in advance by the organisation are welcome at the trade fair. An exception shall only be made if certification is not possible. e) The Organisers may determine in special cases that a registration shall not be processed. The entity making the registration shall receive an explanation regarding this. The Organisers determine for every Participant the location and dimensions of the stand space that is allocated. The allocation of the stand space will take place as soon as possible and is binding for the Participants with regard to both the dimensions and the location at the Bio-beurs Zwolle. If registering for more stand space in total than is available, less stand space may be allocated than specified in the registration and registrations may be rejected. The Organisers are authorised to change the already allocated stand space without the Participant being entitled to compensation for any suffered losses whatsoever due to whatever reason. In this case, the Participant shall be entitled to cancel the Participant's participation in the Bio-beurs Zwolle with regard to this change within 1 week after this change has been announced by sending a written registered letter. The entity writing this letter may send it to Bio-beurs, Attn. Bionext, Nieuwe Kazernelaan 2 D42, 6711 JC Ede, the Netherlands. Payment Article 5 a) For every square metre of allocated stand space, the stand hire price shall be due and payable as specified in the participation terms and conditions. When calculating the stand hire price, part of a square metre is deemed to be one square metre. b) The payment of the stand hire price must be made in accordance with the payment term specified on the invoice. c) If a Participant has not paid the amounts that the Participant owes within the terms set for this, the Organisers are entitled not to allocate stand space to the Participant or not allow the Participant to take the stand space without prejudice to the claim of the Organisers for full payment of these amounts. d) The reimbursement of already paid amounts cannot be claimed by the Participant in the aforementioned case in paragraph (c) unless the first term of the stand hire price that is due and payable is more than the total amount that is due and payable with regard to the allocated stand space. e) The costs for stand building and furnishing, laying of electrical cabling at the stands, connections for gas, water, water discharge and telephone, use of electrical power, gas and water as well as the costs for telephone calls and all other related costs shall be at the expense of the Participant unless it has been determined otherwise in the participation terms and conditions. These costs must be paid by the Participant within 14 days after invoice date after the costs have been charged to the Participant that may or may not be through an advance payment.

3 f) The payments that the Participant must pay the Organisers may not be settled by the Participant with that which the Participant states that the Organisers owe the Participant. The Participant may not appeal on a right of suspension either with regard to these payments. Availability of the stand space Article 6 a) The trade fair venue is available for the building and furnishing of the stands as well as the introduction of goods during the period specified in the participation terms and conditions. Work on the stands or introducing goods is not permitted outside this period. b) If a Participant has not taken up the stand space that has been made available to the Participant 48 hours before the time when the Bio-beurs Zwolle shall be opened for visitors or if it is established at a different time that the Participant shall not have at the Participant's disposal the allocated space and/or has not complied on time with the Participant's payment obligations with regard to the Bio-beurs Zwolle, the Organisers may dispose of this space without further demand or notice of default being required without the Organisers having to reimburse already received payments and without the obligation of the Participant becoming null and void in relation to still having to pay the amounts due and payable. Removal of goods Article 7 a) The Participants shall be given the opportunity during a period as specified in the participation terms and conditions to remove goods from and to dismantle the stands at the trade fair venue. b) The goods of the Participants and stand components that are still at the trade fair venue or on the sites related to this after the period referred to in paragraph (a) may be disposed of at the expense and risk of the involved Participant. c) The Participants must leave the stand space that has been allocated to them in the same condition as it was made available to them before the start of the building period as referred to in Article 6 once the Bio-beurs Zwolle has ended. d) If a Participant has not complied with the Participant's obligations towards the Organisers with regard to the Bio-beurs Zwolle, they can: 1) Keep the goods of the Participant who is in default that are located at the trade fair venue or on the related sites or store them at the expense and risk of this Participant in order to ensure that these obligations shall be complied with without judicial intervention being required; 2) The recovery of the amounts that the Participant owes may be given to a collection agency and all costs that are linked to recovering the amounts due and payable, regardless of whether they are judicial or extrajudicial, may be charged to the Participant where this may or may not be increased with the legal interest rate that applies at that time calculated as from the expiry date of the amounts due and payable. Execution regulations Article 8 a) Participants are bound by the regulations and guidelines of the organisation with regard to stand building and furnishing and must follow these precisely. These execution regulations shall be made known to the Participant at the same time as when the stand space is allocated to this party. b) A design of the stand in the form of a clear scaled drawing in duplicate or based on a scale model accompanied with a scaled drawing as a single copy must be submitted in a timely manner to the Organisers after the allocation of the stand. This must, nevertheless, be in accordance with the further instructions in the 'execution regulations' as referred to in paragraph (a). c) The Participant must follow the instructions from or given on behalf of the Organisers, Municipality, fire brigade and other authorities with regard to the building, furnishing, safety, maintenance and dismantling of the stand. d) The Participant must stat the building and dismantling of the Participant's stand in such a timely manner that the terms that are specified for this in the participation terms and conditions are not exceeded. e) If an instruction given by or on behalf of the Organisers and/or the authorities referred to in paragraph (c) is not followed, the facilities that are deemed necessary may be implemented by or on behalf of the Organisers at the expense of the Participant.

4 Various prohibitory stipulations Article 9 The Participant is forbidden from doing the following WITHOUT PRIOR WRITTEN PERMISSION from or on behalf of the Organisers: a) Keep the stand that the Participant has been allocated closed or unoccupied during the time that the Bio-beurs Zwolle is accessible for visiting, cover the exhibited goods or part thereof or indicate that these goods have been sold. b) Exhibit, offer or advertise using goods and services that have not been listed by name on the registration form. c) Allow visitors to sample products. The above are only allowed in the Participant's own stand with permission. Sampling in the aisles is not allowed. Food may consist of no more than 1 or 2 bites and drinks may not be more than 20 cc. d) Sell products. Products may be sold with permission provided that they are related to the stand, it will not lead to immediate consumption and the products are delivered/sold in (closed) packaging. e) To make known what is commonly referred to as trade fair discounts and/or special trade fair offers under whatever name in any way, for example, in adverts, printed matter, announcements and the like before or during the Bio-beurs Zwolle. f) To exchange or have exchanged components and related items of exhibited goods at the trade fair venue or on the related sites. g) Remove goods from the Participant's stand during the Bio-beurs Zwolle. h) To set up platforms or other raised areas, to create separated spaces such as offices on these or to provide them with ceilings or other covers on the stand that the Participant has taken. i) Position or add exhibited goods and/or advertising resources of whatever nature outside the allocated stand space. j) Use the walls of the adjacent stands. k) Project images, amplify speech through loudspeakers and/or put on music and/or create noise to the extent that this may cause nuisance as well as place televisions or moving goods that are different than the ones in the participation terms and conditions. l) Organise lotteries, competitions and perform what is commonly referred to as stand work' and to advertise goods and services that are not allowed at the Bio-beurs Zwolle and or for companies or institutions, respectively, that do not have stand space at the Bio-beurs Zwolle. m) Conduct surveys amongst the Bio-beurs Zwolle visitors and Participants or to have another party conduct them at the trade fair venue or the related sites. n) Make drawings, photographic recordings or other images of other objects than the Participant's own stand. The Organisers reserve the right to make drawings, photographic recordings or other images at the trade fair venue and to use them for their own objectives. Article 10 The Participant may not: a) Hire or hand over the stand space that the Participant has taken to third parties as a whole or in part or exchange it with another Participant without the organisation having given explicit permission for this in advance. b) Develop activities that, in the opinion of the Organisers, cause damage or negatively affect the Bio-beurs Zwolle as a collective manifestation even when these activities are not, as such, directed against the Bio-beurs Zwolle, but are directed towards one or more Participants or groups thereof; the details of which insofar as these activities cannot be regarded as commonplace in mutually competitive relationships. c) Demand or request an entry fee, payment or service of any nature whatsoever from the visitor who attends demonstrations. d) Have goods present that cause inconvenience because of an unpleasant smell or may be disruptive in some other way or have objectionable noise-producing or light-emitting devices operational. e) Make changes to the trade fair venue and, amongst others, to cut into, break, drill into, hammer nails into, glue or damage in some other way the floors, walls, ceilings, columns and the like. f) Have present within the trade fair venue or the related sites highly flammable or explosive substances, gases and hazardous products including radiation hazardous products. g) Add posters or other advertising material on to columns, walls, ceilings, load-bearing members and the like of the trade fair venue outside the stand that the Participant has taken. h) Add posters or other advertising material inside the stand that the Participant has taken if they should cause damage to what has been hired.

5 i) In or around the trade fair venue, hand out price lists, circulars, tasting samples and the like, advertise in some other way and/or attract attention for the company, business activities or products somewhere else than at the Participant's stand. j) Distribute advertising material that is not related or is not directly related to goods and services that the Participant exhibits or are allowed at the Bio-beurs Zwolle and/or hand out advertising material of any type that may cause inconvenience or damage. k) Put up or use name or brand markings and such that are misleading or objectionable to Participants at other stands or visitors, respectively, to the Bio-beurs Zwolle; l) Exhibit goods or advertise at the Bio-beurs Zwolle, respectively, in relation to goods with brand markings on the goods themselves or on the packaging thereof where the brand markings create the impression that those goods are being launched on to the Dutch market under a brand that enjoys the oldest brand awareness in the opinion of the Organisers. m) Make use of the Participant's stand in such a way or perform actions that, in the opinion of the Organisers, may cause disruptive music, din, noise, obstruction of access, light or view and/or inconvenience, danger or damage or may create a situation that is the same as conducting unfair competition. Catalogue Article 11 An online or paper trade fair catalogue may be published by or on behalf of the Organisers that is composed from the statements that have been made by the Participants on a form to be provided. The Participants must submit these statements before a date that they have been made aware of. The Organisers or the editors who they have appointed cannot be held liable for errors, shortcomings or omissions in the catalogue. Insurances/liability Article 12 a) Goods, including the packaging, shall be at the trade fair venue or the related sites at the expense and risk of the Participant. The Organisers shall not insure the goods. b) The Organisers, their officers, authorised entities and staff cannot be held liable for losses or damage of any nature, except for deliberate intent or wilful recklessness of the Organisers, that have occurred as a consequence of goods being damaged or lost or for losses and damage created because technical systems of the trade fair venue do not work or work insufficiently or due to possible other defects of this venue or the related sites or for losses or damage that goods or persons have suffered for whatever reason, all of which if and insofar any loss or damage as meant here is not covered by third party insurance taken out by the Organisers. c) The Organisers cannot be held liable either for indirect losses or damage that shall be deemed to include trading losses, consequential losses, loss of profits and interruption of business operations. d) If the Organisers cannot (completely) rely on the aforementioned liability restrictions, the Organisers shall be liable with regard to these losses up to, at most, the amount of the amount that the Organisers have invoiced for participation in the trade fair, exhibition or manifestation. e) The Participant shall be liable for and must be insured for all damage and losses of any nature whatsoever that are caused by the Participant's own actions or negligence or the Participant's staff, people who work for the Participant in any shape or form whatsoever or at the Participant's instructions and holders of participation tickets and/or continuous admission tickets that the Participant has issued to them and/or to goods and/or people due to the Participant's submissions in any way whatsoever who work at the Organisers and/or the Participant must indemnify the Organisers for all rights that others may assert against the Organisers in relation to the specifics. Maintaining law and order Article 13 The Organisers are authorised to implement or take one or more of the provisions and measures below without any judicial intervention being required and, if required, at the expense of the Participant against a Participant, the Participant's staff, people who work for the Participant or at the Participant's instructions and holders of participation tickets and/or continuous admission tickets issued by the Participant who act contrary to any provision of these regulations or the participation terms and conditions or do not follow an instruction issued by or on behalf of the Organisers:

6 a) Retract the participation tickets and/or continuous admission tickets issued to the Participant and to deny access to the Bio-beurs Zwolle and/or the trade fair venue to the involved party or parties with immediate effect; b) Have the Participant close the Participant's stand or to have it partially cleared away and have at their disposal the space that has become free or is not occupied; c) Keep and store the exhibited goods as well as that which has been built or added by the Participant at the expense and risk of the Participant without the Participant being able to lay claim to any rights; d) To any reimbursement of any already paid amounts or to be paid compensation for losses that may also have been suffered in whatever shape or form or due to whatever reason and without impairment to the obligations entered by the Participant towards the Organisers; e) To exclude the involved Participant from participation in any Bio-beurs Zwolle trade fairs to be further organised. Final stipulations Article 14 In all cases where provisions are not made or are deemed unclear in these regulations, the participation terms and conditions or the execution regulations, the Organisers shall take the final decision.