TERMS AND CONDITIONS OF PARTICIPATION FOR DEALERS AND EXHIBITORS AT COSDAY² 2016 GENERAL INFORMATION

Transcription

1 GENERAL INFORMATION 1. PROMOTER The organiser of CosDay² 2016 is CosDay e. V. CosDay e. V. Hohemarkstraße 115c Oberursel (Taunus) Register court: Frankfurt am Main Registration number: VR VAT ID: DE Tax ID: CONTACT The primary point of contact for exhibitors/dealers is the relevant organiser. The contact persons on-site are Daniel Landvogt and Jennifer Köhl or the organising team. 3. EVENT TITLE CosDay² EVENT LOCATION NordWestZentrum Frankfurt Walter-Möller-Platz Frankfurt am Main 5. EVENT DURATION/SETUP AND DISMANTLING/OPENING HOURS Setup: Friday Saturday 5.1 CosDay² 2016 will take place from Saturday 09 July to Sunday 10 July Friday 08 July 2016 is a set-up day Exhibitors and dealers are obliged to occupy their stand at all times during the opening hours applicable to them without interruption A removal of the stand before the end of the official hours is not permitted. If a stand has not yet been cleared after the end of the prescribed dismantling time, the event organiser the right to clear the stand at the costs of the exhibitor/dealer Only the entrance with the loading dock must be used for loading and unloading of vehicles. It should be noted that the height of the motor vehicle, including its load, should not exceed 3 metres. Driving on the forecourt is generally not permitted. If it is not possible to drive on the access road, the event organiser would ask you to contact the respective organiser (see point 2) for further arrangements. The site is to be left immediately after loading process. Stewards are employed by the organiser during loading operations to ensure a smooth loading and unloading process. The organiser s instructions must be followed. 10:00-20:00 Uhr 07:00-09:00 Uhr (only for fan-clubs) Access times for exhibitors/dealers: Saturday 07:00-20:00 Uhr Sunday 09:00-20:00 Uhr Public open hours of the dealer area: Saturday 10:00-19:00 Uhr Sunday 10:00-17:00 Uhr Dismantling: Sunday 17:00-20:00 Uhr 1 / 9

2 INHALTSVERZEICHNIS 1. PROMOTER CONTACT EVENT TITLE EVENT LOCATION EVENT DURATION/SETUP AND DISMANTLING/OPENING HOURS WITHDRAWAL AND NON-PARTICIPATION SALE OF PRODUCTS OBJECTS TO BE EXHIBITED LICENSING OF EXHIBITORS/DEALERS CREATION OF THE CONTRACT AND SITE ALLOCATION EQUIPMENT OF STANDS RENT / OTHER EXPENSES CLEANING / WASTE DISPOSAL VOLUME / USE OF ELECTRICAL MEDIA PROMOTIONAL CAMPAIGNS / ADVERTISING PAYMENTS EXHIBITOR/DEALER PASSES INSURANCE PACKAGE SERVICES CONDUCT AT THE EVENT / SAFETY NON-COMPLIANCE WITH THE RULES CLAIMS OF DEALERS/EXHIBITORS PLACE OF PERFORMANCE, LEGAL VENUE, APPLICABLE LAW SEVERABILITY CLAUSE / 9

3 CONDITIONS OF PARTICIPATION 6. WITHDRAWAL AND NON-PARTICIPATION 6.1. Before the conclusion of contract, parties are free to cancel their registration free of charge. Thereafter, a cancellation fee of EUR 100 will be charged The stands that are not occupied at 08:30 on the first day of the event may be awarded to other parties by the promoter. A claim for repayment of paid stand rent is excluded If the stand cannot not be occupied because of unforeseen circumstances on the part of the exhibitor/dealer, the organiser must be informed immediately. 7. SALE OF PRODUCTS 7.1. Sales may be made freely at CosDay² (only within the SAALBAU Titus Forum/Mercure Hotel). The exhibitor/dealer itself must ensure compliance with applicable laws, especially the Youth Protection Act (Jugendschutzgesetz) Weapons and replica weapons of any kind may not be sold or issued, in particular for knives, piercing instruments, and cutting weapons The sale of unlicensed materials is prohibited. The instructions found under must be observed in this regard. Only goods that have a clear copyright label of the owner may be offered. (Exceptions to this include officially known distributors e.g.: Geneon, ADV, Universum, Tokyopop, Bandai, etc.). In the case of original goods WITHOUT a copyright notice, the dealer is required to provide evidence on-site in WRITING in the case of suspicion. This can be done by specifying the official website of the producer, on which it is evident that the offered/issued product is manufactured under licence. In the event that pirated copies are sold, the trader will be referred to the event organiser The proof of the proper acquisition of goods offered does not necessarily constitute proof of the proper licensing In the case of products that are potentially harmful to young persons, it should be noted that a large portion of the event s visitors will be minors. For this reason, pornographic manga, art books, Doujinshis, DVDs and Adult goods in general and those which glorify violence may be sold or issued only with restrictions. Corresponding goods must be shrink-wrapped or must not be arranged such that they are freely accessible to minors. Such articles may be sold to adult visitors only upon presentation of a photographic ID Unless agreed otherwise by way of a contract with the organiser, the sale of tickets to other events of any kind is prohibited The exhibition and the sale of food and beverages are prohibited without the prior consent of the organiser. Even with consent of the Organiser, only packaged goods not requiring refrigeration may be sold. The issue of free samples goods is generally accepted. Care must be taken to ensure compliance with applicable hygiene and food laws. 8. OBJECTS TO BE EXHIBITED It is not permitted to exhibit any works whose distribution, exhibition, etc. is prohibited by the laws of the Federal Republic of Germany. Advertising these excluded works is also not permitted. This also applies to pirate copies (see point 7). 3 / 9

4 9. LICENSING OF EXHIBITORS/DEALERS German and foreign print media, radio and TV media, manga and anime publishers, dealers, sales teams, clubs and artists can exhibit at CosDay². There is no admission for traders without a licence. Exhibitors/dealers who are the subject of open insolvency proceedings may not exhibit or sell. If such insolvency proceedings are initiated following an application for CosDay², the organiser must be notified of this immediately. 10. CREATION OF THE CONTRACT AND SITE ALLOCATION The application must be made in writing no later than (registration deadline). By registering, the exhibitor/ dealer confirms to have read and accepted these terms and conditions Preliminary applications submitted by mail, possibly contingent on reservation requests, are invalid if they are not confirmed in writing by the host or the responsible organiser All changes and reservations on the registration forms (or in connection with this) made by the exhibitor/traders are void and will be disregarded unless they have been explicitly approved in writing by the organiser If two or more exhibitors/distributors occupy a stand together, each exhibitor/dealer shall be jointly and severally liable The exhibitor/dealer is bound to their registration. The contract shall enter into force when the signed application is returned by the event organiser The conclusion of the contract does not entitle the exhibitor/dealer to be assigned a particular location, but his wishes shall be taken into account in terms of location, neighbourhood, size and grouping where possible The organiser is entitled to reduce the requested standard sizes but not raise them. The rent shall be reduced accordingly in such a case The exchange of stands between the authorised issuers/dealers requires the prior consent of the organiser Floor space rented from the organiser must not be sublet If the exhibitor/dealer changes their address after approval of the stand, this must be reported to the organiser immediately. This also applies to a change of the contact person. 4 / 9

5 11. EQUIPMENT OF STANDS The stands are provided by the organiser as standard units and optionally consist of the number of tables ordered, with seating The area of the stand can also be rented without the uniform equipment and set up by exhibitors/dealers themselves. In this case, the stand may be set up and decorated only within the rented space. When using one s own equipment, fire safety regulations must be observed Substances used for stand furnishings must be flame-retardant. Decorations which damage the organiser s shelves and tables are not permitted Posting objects on walls is prohibited The organiser is not liable for any damage arising from the use of its own stand equipment (including electronic devices) (see point 18) In the case of violation of the above paragraph 11.5, the organiser may have any necessary changes made at the expense of the exhibitor/dealer The stand equipment must be returned in perfect condition after the event. Restoration and replacement purchases of equipment that has been damaged, destroyed or mislaid shall be carried out exclusively by the organiser and at the expense of the exhibitor/dealer. Pay heed to tape residue on the tables in particular (see point 13.2) If free spaces have been rented, these must be returned empty (see point 13.2) No electronic devices of any kind can be rented from the organiser The organiser authorises the use of electronic media and devices (see point 14.4). 12. RENT / OTHER EXPENSES The prices for stand rental and all other cost items are listed on the registration form. The total amount payable is calculated as the sum of the desired individual items The rent is to be paid even if the exhibitor/dealer is prevented from attending CosDay² for any reason whatsoever. If it the organiser has been able to re-let the empty stand alternatively, the first tenant is obliged to pay a compensation expense in the amount of 25% of the stand rent. This shall be reduced to 15% if the tenant unable to attend facilitates a new tenant who is accepted by the organiser. The organiser must be notified of the changes at least two weeks prior to the start of the event. 5 / 9

6 13. CLEANING / WASTE DISPOSAL The organiser is responsible for cleaning the passageways and public areas The stand structures described in point 11.1 shall be handed over in a documented condition. Stand cleaning is the responsibility of the exhibitor/dealer. If this requirement is not complied with, the exhibitor/distributor shall be charged for the cleaning costs or an administration fee of EUR Exhibitors and distributors are required to bring their waste to the containers provided (separated into paper and mixed waste). Bin bags shall be provided by the organiser for the residual waste. Cartons are to be crushed or collapsed in order to save space. These costs are included in the normal stand rent. 14. VOLUME / USE OF ELECTRICAL MEDIA The use of electronic media of any kind (e.g. laptop, projector, audio or TV equipment) must be registered in advance by stating this in the normal registration form. Changes must be requested in writing at least two weeks prior to the event. After this time, change requests can unfortunately no longer be taken into account Each exhibitor/dealer is obliged to apply for GEMA independently and pay fees if they use media subject to GEMA fees. Any liability on the part of the organiser for unpaid GEMA fees is excluded Demonstrations and the like must not interfere with the event activities of nearby stands. Speakers must be directed to the state interior. The organiser may issue written warnings for violations of these rules or issue the maximum penalty of blocking the flow of electricity for this stand Electrical equipment must be inspected in accordance with the requirements of the DGUV Rule 3. Evidence of the inspection is to be provided on the device itself (inspection sticker) or on the corresponding test report. The last test must not have been performed more than six months ago (exception: new devices with a proof of purchase not older than one year). The operation of apparently defective or damaged devices may be prohibited by the organiser despite evidence of an inspection The stand operator shall be liable for damage caused to the electric media used by exhibitors/dealers, cf. point PROMOTIONAL CAMPAIGNS / ADVERTISING Outside their own stands, it is forbidden to display, distribute, position, design or attach banners/stand-up displays or advertising of any kind (e.g. posters, flyers), unless this has been agreed by way of a contract with the organiser Placing advertising materials on walls, columns, entrances, stairwells or other parts of the building is prohibited. A suitable post should be used for this purpose Placing advertising and sales vehicles, mobile libraries etc. on the event premises is permitted only in return for a fee and after consultation with the organiser Receptions, lectures, press conferences, discussions, raffles, etc. on the event premises require the written consent of the organiser If the circumstances make it necessary to remove or dispose of non-agreed advertising, the party at fault shall be charged the resulting costs in full. 6 / 9

7 16. PAYMENTS Without prejudice to their obligation to pay, the exhibitor/dealer shall lose their claim to participate in CosDay² if the rent, plus any costs for additional services, is not received in time The transfer must be made to the account specified in a timely manner within 30 days and no later than with no deductions, quoting the invoice number An administration fee of EUR 10 shall be charged for transfers with incomplete information or deductions. The deductions are payable immediately; otherwise the organiser reserves the right to terminate the contract Should costs arise during the event, such costs shall be paid to the account of the organiser in full within 30 days of end of the event. In the case of default of payment after the event, interest shall be charged at the statutory rate. The organiser reserves the right to demand damages for non-performance in the case of default of payment The organiser reserves the right to charge fees of up to EUR 10 for each warning letter issued. 17. EXHIBITOR/DEALER PASSES Entering CosDay² is only allowed with a valid exhibitor/dealer pass. Giving these passes to third parties is prohibited Exhibitors/dealers shall be eligible to receive free passes, the number of which depends on the size of their stand and is stated on the registration form In case of misuse or giving these passes to third parties, all passes given to the respective exhibitor/dealer shall be charged for. Improperly used exhibitor/dealer passes shall be confiscated without replacement The loss of an exhibitor/dealer pass must be reported to the organiser immediately. The exhibitor/dealer shall be liable for all damages caused by the delayed report of the loss. 18. INSURANCE It is the responsibility of each exhibitor/dealer to ensure the insurance of the stand equipment brought in by the exhibitors/dealers, electronic devices and exhibits/sale items against burglary, theft, fire and water damage and damage in transit on the way to CosDay² or from the CosDay². Furthermore the organiser accepts no liability of any kind for any personal belongings of exhibitors/distributors, e.g. bags, cases, jackets, mobile phones, etc. If necessary, the organiser shall inform the police and the insurance company accordingly The exhibitor/dealer shall be liable for all damages suffered by third parties or the organiser at the exhibitor s/dealer s stand or through his actions. 7 / 9

8 19. PACKAGE SERVICES Each exhibitor/dealer that sends packages to the venue has to inform the organiser of this at least one week prior to the event. The organiser must confirm this in writing or by . The organiser reserves the right to charge a fee of EUR 10 per package for non-registered and non-confirmed deliveries, up to a maximum of EUR The packages must clearly state the address and origin The promoter excludes any liability to the exhibitor/dealer for packages without an address or with an incorrect or incomplete address, as well as for undeclared or unconfirmed items; the same applies for refusal to accept shipments The promoter is not obliged to accept haulage deliveries, courier deliveries, postal deliveries or other deliveries addressed to the exhibitor/dealer. If the recipient is unable to be present at the time of delivery, the organiser reserves the right to charge the cost of storage and a gate fee of 10% of the value of the goods The promoter shall not be liable for the loss or damage to a shipment or parts thereof, unless the promoter has caused the damage with intent. The exhibitor/dealer is obliged to collect the consignment in question, from the organiser or promoter if necessary Should exhibitors/distributors have abandoned parcels that are collected from the event venue (haulage, parcel service, private, etc.), any liability on the part of the organiser to the exhibitor/dealer for loss of or damage to a shipment or parts thereof is excluded. 20. CONDUCT AT THE EVENT / SAFETY Each exhibitor/dealer is responsible for the success of CosDay². They must therefore refrain from acts which disturb, impede or endanger the events, visitors or other exhibitors/traders in an unjustifiable manner. The prohibition of alcohol, smoke, weapons and animals applies to all persons present on the event site. In the case of grossly negligent behaviour, this may lead to immediate exclusion from the event. In this case, the exhibitor/dealer shall not be reimbursed for the stand rent and any additional charges It is the duty of every exhibitor/trader to work together to ensure that thefts are prevented as far as possible and any discovered theft are dealt with through criminal proceedings. Notwithstanding this, the organiser shall initiate criminal proceedings in these cases Film, audio, and photographic images of exhibitors/dealers without consultation with the organiser and with the consent of the recorded person(s) are allowed only for personal purpose Unattended bags, backpacks, etc. should be reported to the organiser immediately The exhibitor/dealer is not permitted on his stand during the night. The general supervision of the entire event premises shall be performed by the organiser In an emergency situation, the exhibitors/distributors are obliged to follow the instructions of the staff responsible for the safety and the incoming rescue and law enforcement officials. 8 / 9

9 21. NON-COMPLIANCE WITH THE RULES If provisions of these terms and conditions of participation are violated and such a breach of contract is continued despite a warning, the organiser may exclude the exhibitor/distributor in question from the event, and from future events run by CosDay e. V. in the most serious cases. This shall also apply if items are exhibited contrary to legal prohibitions or exhibitors/dealers or their employees participate in the commission of criminal offences or encourage them to act in this way (e.g. theft, wilful copyright infringement, facilitating access of minors to pornographic goods). 22. CLAIMS OF DEALERS/EXHIBITORS Verbal agreements, approvals and side agreements must be recorded in written form, as they cannot be asserted otherwise Any and all claims by the exhibitor/dealer under the contract concluded with the organiser, as well as non-contractual claims, must be communicated to the organiser in writing no later than 10 days after the exhibition. Notwithstanding this, they shall expire if they have not been filed in court before the end of the calendar year The organiser and the exhibitor/dealers shall comply with all obligations of the Federal Data Protection Act and will oblige their employees and third parties commissioned accordingly. This obligation shall continue to apply after the termination of the contractual relationship. All personal information, which becomes known to the exhibitor/dealer or their employees or third parties in fulfilment of the contract, shall be treated as confidential. The promoter shall not use or exploit any personal information beyond the event According to the right to free speech under the Basic Law of the Federal Republic of Germany, certain disturbances of CosDay² for a limited time are possible and inevitable. The promoter shall not be liable for any damage caused to the exhibitor/dealer as a result of this. 23. PLACE OF PERFORMANCE, LEGAL VENUE, APPLICABLE LAW The place of performance and exclusive legal venue for all disputes between exhibitors/traders and the organiser is Frankfurt am Main, and the law of the Federal Republic of Germany in cases of disputes. 24. SEVERABILITY CLAUSE If any provision of these terms and conditions is or becomes ineffective or incomplete, this shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced by a replacement provision in line with the purpose of the provision or at least most closely reflects that purpose, which would have been agreed by the parties if they had known of the invalidity of the provision. Last modified: 03 February / 9