TRADESHOW GENERAL TERMS AND CONDITIONS
FOR THE PARTICIPATION IN A TRADE SHOW
ORGANIZED BY EUROPEANLIFE MEDIA, S.L.
- Scope of application
The following General Terms and Conditions apply to any contract about participation of Trade Shows between EuropeanLife Media, S.L., with domicile in Passeig de la Tramuntana 67, 08860 Castelldefels, Spain (hereinafter “ELM” or “the Organizer”) and the Exhibitor. Any special regulations can be derived from the particular conditions of participation.
- Registration and acceptance of registration
2.1. Registration via the registration form of ELM
The request for permission to participate in a Trade Show organized by ELM is made by sending the legally binding signed and completed registration form to ELM by e-mail. ELM´s General Exhibiting Conditions are recognized as obligatory with the signing and return of the registration to ELM. Adverse or deviating conditions of the registering the Exhibitor shall only be valid if expressly accepted in writing by ELM.
2.2. Any notice of receipt sent by ELM to the Exhibitor is not a confirmation of participation in terms of clause 2.3.
2.3. Admittance and Allocation of space/stand
2.3.1. The decision about admittance is made according to dutiful discretion with consideration of area capacity available for the Trade Show and the determination of goals and structure of the Trade Show. ELM is entitled to unilaterally define the combination of the exhibitors according to sector and product groups as well as their weighting. The combination of the exhibitors according to country of origin, company size and market significance, as well as other objective characteristics are further selection criteria. However, ELM is not bound in any way to adhere to the handling methods used in previous Trade Shows of the same type.
2.3.2. Admittance is granted with the written stand confirmation of ELM together with details of the stand provided. This makes the contract between the exhibitors and ELM legal and binding unless anything else has been agreed in writing. If the contents of the stand confirmation differ from the contents of the exhibitor’s registration, then the contract is concluded in accordance with the stand confirmation, unless the exhibitor objects within two weeks in writing.
2.3.3. Stand requests will be considered as far as possible. The chronological order of receipt of the registrations is not decisive for the allocation of space. ELM is also entitled to change the allocation of space (size, location and form) up to the start of the event.
2.3.4. The Exhibitor must accept that the location of the other stands may have changed by the start of the event compared to the time of admission. Claims for compensation are excluded on both sides.
2.3.5. Exchange of the allocated stand with another exhibitor and partial or complete transfer of the stand to third parties is not permitted without a written authorization of ELM.
2.3.6. The stands to be rented to the Exhibitor are pre-designed by ELM and cannot be modified by the Exhibitor; any modification of design and/or decoration intended by the Exhibitor is subject to ELM´s written authorization. Any damage caused to the stand shall be borne by the Exhibitor. Escape routes must be kept accessible at any time. Interference with surrounding stands due to lack of cleanliness, noise or visual impact is to be avoided and must be stopped immediately if necessary. Demonstrations of any kind like, for example, the commissioning of machines, film, music or other presentations must be coordinated with EML in advance. They must always take place in such a way that neighboring stands are not negatively affected.
2.3.7. Together with the stand confirmation, the Exhibitor receives the hall plan with their allocated stand space and further information regarding trade fair planning.
2.3.8. The Exhibitor is explicitly advised that supplementary terms and conditions apply for the individual sections of the services, which are available on ELM´s website within 3 months before a Trade Show.
2.3.9. An admittance that has already been granted can be revoked if it transpires that the Exhibitor has given information in her/his registration which is incomplete in fundamental points, especially regarding the type of company and its exhibition articles, or which does not correspond to the truth in fundamental points and the requirements for admittance have therefore not been submitted. The same applies if the admittance requirements subsequently become inapplicable.
2.4. Content of contract and incorporation of the General Terms and Conditions
2.4.1 Every binding contract consists of the following inherent parts:
- The registration form
- The individual contractual conditions
- The General Terms and Conditions
2.4.2. By signing the registration form, the Exhibitor accepts the General Terms and Conditions as binding and undertakes that her/his employees and/or vicarious agents are also aware of and comply with them.
2.4.3. If several Exhibitors appear jointly as leasers of a stand, they are obliged to nominate one Exhibition Representative jointly authorized by them as a contact person to ELM.
- Stand equipment/supply media
The conditions and options for stand equipment and supply media are stipulated in the individual participation conditions.
- Trade Show goods, products and services
4.1. Goods, products and services to be offered for sale at the Trade Show must be specified in detail in the registration. ELM reserves the right to limit the offer if necessary, or to grant exclusive rights for individual products/services or product/services groups. ELM also reserve the right to reject registered participants without giving reasons. If the Exhibitor’s equipment, installations or exhibits are subject to particular hazards or risks (e.g. damage due to the effects of temperature, humidity, vibrations, pressure drop, power fluctuations, etc.), the Exhibitor shall be responsible for taking the necessary protective measures. Welding, cutting and soldering demonstrations are prohibited in the halls by fire regulations.
4.2. Removal, replacement
Only the agreed exhibition range may be exhibited. It may only be removed from its place by agreement with ELM. Exchanges may only be made by written agreement with ELM one hour before the start and one hour after the end of the daily opening hours.
ELM may demand that goods, products or services be removed from the exhibition range which were not included in the stand rental contract or which prove to be a nuisance or dangerous or are incompatible with the purpose of the Trade Show. If the request is not complied with, ELM shall remove the exhibition goods, products or services with judicial assistance at the Exhibitor’s expense.
4.4. Direct sales
Direct sales are not permitted unless expressly authorized. Exhibited goods shall be marked with clearly legible price labels. In particular, the Exhibitor shall procure and comply with all trade and sanitary permits.
- Industrial and intellectual property rights
The Exhibitor shall ensure that copyrights and other industrial and intellectual property rights to the exhibits are protected.
- Payment conditions and terms
6.1.Full payment of the stand rental fee is an absolute prerequisite for participation in the Trade Show. This must be made in due time before the start of the event in accordance with the detailed payment conditions stipulated in the individual contract.
6.2. Assignment, set-off
The assignment of claims against ELM is excluded. Offsetting of claims shall only be permissible with undisputed or legally established counterclaims.
Complaints about the invoices can only be considered if they are made in writing to ELM within 14 days after invoicing.
6.4. Lessor’s lien
To secure its claims, ELM reserves the right to exercise the lessor’s lien and to sell the pledged goods on the open market after written notice. ELM shall be liable for damages to the pledged goods only in case of intent and gross negligence.
- Liability, Insurance
7.1. Material Defects
The Exhibitor must contest material defects immediately to ELM both verbally and in writing. The Exhibitor can only derive claims from these if ELM does not remedy them within a reasonable period, or if remedy is not possible or has been refused. However, the Exhibitor is only entitled to cancellation without notice or to an appropriate reduction in the rent. Further liability of ELM is excluded unless the defect is due to gross negligence or willful intent on the part of ELM or their vicarious agents, or to the lack of guaranteed quality.
7.2. Compensation for Damages
Claims for damages by the Exhibitor to ELM, irrespective of legal basis, are excluded unless the damage that has occurred is due to gross negligence or willful intent of the legal representative of ELM, their employees or vicarious agents. The same applies for direct claims against the above-mentioned group of people.
ELM does not bear any insurance risk for the Exhibitor. The Exhibitor is explicitly referred to her/his own insurance options.
7.4. Asserting of Claims
Exhibitors’ claims against ELM, their vicarious agents and their employees, irrespective of type, must be made in writing to ELM by 14 days after the end of the Trade Show at the latest. Any claims that are received from the Exhibitor later than this will not be taken into account (term of exclusion).
7.5. Statute of Limitations
All contractual and legal claims of the Exhibitor against ELM fall under the statute of limitations of six months, unless these are based on willful intent of the legal representatives of ELM, their employees or vicarious agents. The same applies for direct claims against the above-mentioned group of persons. The period of limitation starts with the working day following the end of the Trade Show.
7.6. Limitation of Liability
7.6.1. ELM is only responsible for damages that can be attributed to the inadequate quality of the rented space/stand and any other articles that have been rented or to willful intent or gross negligence of their obligations. In the event of the failure of any equipment, breakdowns or other events impacting the Trade Show, ELM is only liable if it can be proved that these events resulted from willful intent or gross negligence on their part or on the part of their vicarious agents. ELM only assumes liability for articles provided at the Trade Show by the Exhibitor, their authorized staff or third parties if a damage occurs to these articles, which can be proved to have occurred due to willful intent or gross negligence by their legal representative, an employee or a vicarious agent. The same applies for tortious actions. The Exhibitor is obliged to adhere to the accident prevention regulations and the Technical Guidelines during the performance of all activities. ELM is not liable to the Exhibitor for loss of profit or other financial loss, provided there is no evidence of willful intent or gross negligence.
7.6.2. Liability by ELM for non-foreseeable damages according to scope and amount is excluded. Where liability by ELM is excluded or restricted, this also applies for the personal liability of their employees, staff, representatives and vicarious agents. In general, the Exhibitor is recommended to appropriately insure their risks.
7.7. Force Majeure
7.7.1. Cases of force majeure, which prevent ELM from fulfilling its obligations either totally or in part, relieve ELM from fulfilling this contract until the case of force majeure is removed. ELM must inform the Exhibitor of this immediately, provided that they are not likewise prevented by force majeure from doing so.
7.7.2. The impossibility of a sufficient supply of supplies, such as electricity, heating, water, etc., as well as strikes and lockouts, the outbreak of an epidemic or pandemic, as well as terror attacks are also equated with a case of force majeure.
7.7.3. In the cases of 7.7.1. and 7.7.2. stand fees and/or admission fees paid to ELM by the Exhibitor in advance will be refunded, deducting
- 10 % of the total fee as handling fee incurred by ELM for the preparation of the Trade Show and,
- the amounts corresponding to the expenses incurred by ELM for the Trade Show, either directly or through its suppliers whose quotation has been authorized by the Exhibitor. The corresponding quotes/invoices will be provided by ELM in order to accredit said expenses.
7.7.4. Exhibitors are not entitled to any further refund claims.
- Cancellation, non-participation of the Exhibitor, withdrawal by ELM
8.1. Cancellation, non-participation of the Exhibitor
The stand fee shall be paid in full even if the Exhibitor cancels his participation or does not participate in the Trade Show without such cancellation.
8.2. Cancellation by ELM
8.2.1. ELM shall be entitled to cancel the contract if
- the full rental payment has not been received by the time specified in the invoice at the latest and the Exhibitor does not pay even after expiry of a grace period set for her/him;
- the Exhibitor violates the assembly, safety and risk prevention law and particular regulations of the venue and does not cease her/his behavior even after a written notice;
- the prerequisites for the granting of admission in the person of the registered Exhibitor no longer exist or ELM subsequently becomes aware of reasons, the timely knowledge of which would have justified non-admission. This applies in particular in the event of the opening of bankruptcy or composition proceedings as well as the occurrence of the Exhibitor’s insolvency.
8.2.2. The Exhibitor shall notify ELM immediately in writing of the occurrence of such events. ELM may assert claims for compensation in the abovementioned cases.
8.2.3. Cancellation, relocation and change of start/duration of the Trade Show
ELM is entitled to cancel, relocate or change the start/duration of the Trade Show for important reasons for which it is not responsible, taking into account the interests of the Exhibitors. A change in location or time or any other change shall become part of the contract upon notification to the Exhibitor. ELM also has the right to cancel the Trade Show if the required minimum number of registrations is not received and the unchanged implementation is economically unreasonable.
8.2.4. Cancellation of the event
If the Trade Show does not take place for reasons for which ELM is not responsible or due to force majeure, ELM may demand an amount of 10 % of the total participation fee from the Exhibitor as a contribution to costs. If the Exhibitor has ordered additional chargeable services, these may be invoiced to the Exhibitor additionally.
8.2.5. Making up the Trade Show
Should ELM be in a position to hold the Trade Show at a later date in the event of a necessary postponement instead of not holding the Trade Show, the Exhibitor shall be informed of this. The Exhibitor shall be entitled to cancel her/his participation on the changed date within one week of receipt of this notification; in this case ELM may demand an amount of 10 % of the participation fee from the Exhibitor as a contribution to costs. If ELM is responsible for the cancellation of the Trade Show, no participation fee shall be owed by the Exhibitor. The Exhibitor shall have no further claims.
8.2.6. On-going Trade Show
If ELM has to shorten or cut a commenced Trade Show due to the occurrence of force majeure or for other reasons for which it is not responsible, the Exhibitor shall not be entitled to full or partial repayment or waiver of the participation fee.
- Passes for stand construction/design and Trade Show
9.1. The conditions for stand construction/design passes and Trade Show passes are set out separately in the separate individual terms for the respective events. The following applies in general:
9.2. Set-up passes: The Exhibitor shall receive set-up passes free of charge for himself and the assistants deployed during set-up and dismantling. These passes are only valid during the construction/design and dismantling periods and do not entitle the holder to enter the exhibition grounds during the Trade Show.
9.3. Exhibition passes: For the duration of the exhibition or trade fair, Exhibitors shall receive a limited number of Exhibitor passes for themselves and the persons employed by them, entitling them to free admission. Further details are regulated by the special conditions of participation.
9.4. Common regulations: The passes shall be issued in the name of or filled out completely and correctly by the holder. They are not transferable and are only valid in conjunction with an official identity card. In case of misuse, the badge will be withdrawn without replacement. In the event of a joint exhibition, only the authorized Exhibitor will receive the required passes. Additionally, required passes are available against payment.
- List of exhibitors
With the application, each Exhibitor undertakes to have a company entry included in the official list of exhibitors. The details for the entry will be taken from the written application. Legal claims cannot be derived from incorrect, incomplete or missing entries.
- Photography and other image recordings
11.1. Commercial image recordings of any kind, in particular photography, movie and video recordings, are only permitted within the Trade Show grounds to persons who have been approved for this purpose by ELM and who possess a valid pass issued by EML.
11.2. Stand recordings that are to be made outside the daily opening hours and require special lighting require the approval of ELM. Any costs incurred as a result shall be borne by the Exhibitor unless they are borne by the photographer. ELM and – with the consent of ELM – the press and television are entitled to have photographs taken of the Trade Show, the stands and the exhibits and to use these free of charge for advertising or general press publications.
- Image and sound recordings
ELM is entitled to have photographs, drawings, and film and video recordings made of the exhibition events, the exhibition structures and stands, and the exhibition objects, and to use them for advertising or press publications without the Exhibitor being able to object on any grounds. This also applies to recordings made by the press or television with the consent of ELM.
13.1 The Exhibitor is only allowed to advertise in any form within their stand and only for the articles she/he exhibit. Advertising or advertising actions are not permitted outside the stand. This includes especially the distribution of brochures and leaflets.
- General regulations, deadlines, contractual penalty in the event of premature dismantling, timely assembly
The assembly and dismantling times are determined by the special conditions of participation.
14.2. Timely set-up
The Exhibitor shall be obliged to set up a Trade Show stand (booth) on the rented stand area. The stand must be recognizably occupied in good time before the start of the Trade Show. Further details are regulated in the individual conditions of participation for the Trade Show. If the Exhibitor does not move into the stand in due time, ELM may charge a contractual penalty of a maximum of 1.000,00 €.
14.3. Contractual penalty for premature dismantling, dismantling time
Before the start of the dismantling times specified in the individual conditions of participation, the Exhibitor is neither entitled to remove exhibits from the stand area nor to start dismantling the stand. In case of violation of this regulation, ELM is entitled to demand a contractual penalty of a maximum of 1000,00 € per day. The duration of the dismantling period (end of dismantling) must be strictly adhered to. After the end of the dismantling period ELM is entitled to carry out or have carried out the dismantling as well as the removal and storage of exhibition goods at the Exhibitor’s expense. ELM shall only be liable for loss of or damage to exhibition goods in the event of intent or gross negligence.
- Stand area design
15.1. All stand areas and other Trade Show areas are pre-designed; own stands of Exhibitors are only allowed subject to ELM´s written approval. Further details may be regulated in the individual conditions of participation of the Trade Show.
The exhibition stand must be in keeping with the overall plan of the exhibition. ELM reserves the right to prohibit the construction of unsuitable or inadequately designed stands.
15.5. Equipment during opening hours
The stand must be properly equipped and staffed with expert personnel during the set opening hours for the entire duration of the Trade Show.
15.6. Contractual penalty
If the Exhibitor culpably violates the above regulations, ELM may, after unsuccessful notice, claim a contractual penalty in the amount of a maximum 1.000,00 € per day.
- General supervision, cleaning
16.1. The halls are guarded by ELM or its vicarious agents, respectively the security service of the Exhibition Center. ELM shall be liable for damage only in the event of gross negligence. The Exhibitor is responsible for the security of his stand. It is recommended that damage be covered by appropriate insurance. Valuable, easily removable objects must be kept under lock and key at night. Private guards to guard the stands may only be employed by written agreement with ELM.
16.2. ELM will provide general cleaning of the grounds and hall aisles. The cleaning of the stand is the responsibility of the Exhibitor. It must be completed daily before the opening of the Trade Show.
16.3. If no Exhibitor’s own personnel is employed, the respective contracting company of ELM is to be commissioned with stand cleaning and security. The Exhibitor is responsible for the disposal of the waste he produces and must therefore observe the regulations of the environmental guidelines.
- Technical installations
The supply of electricity, water, gas and wifi as well as other services on the respective exhibition grounds shall be provided by companies approved by ELM. Further details are regulated by the special conditions of participation.
Catering must be provided by the main caterers approved by ELM for the Trade Show. Further details are regulated in the individual conditions of participation.
- House Regulations
- Data protection
ELM collects, uses and processes the clients´ personal data for the purpose of establishing, implementing and processing the Exhibitor´s contractual relationship with ELM and for market research purposes. In order to fulfill ELM´s contractual obligations, ELM sometimes forward those data to subsidiaries of ELM and partner companies that process the personal data on our behalf. Reference is made to ELM´s data protection rules available on its website.
- Final Provisions
21.1. Written Form
Any modification and/or amendment to the contents of the contract as well as collateral agreements shall only be legally binding if they have been confirmed in writing and signed by ELM and the Exhibitor.
21.2. Spanish Law
The mutual rights and obligations arising from the contractual relationship and theses General terms and conditions shall be governed by the laws of the Kingdom of Spain.
21.3. Place of Performance and Jurisdiction
The place of performance and jurisdiction for all mutual obligations, including all payment obligations, shall be Barcelona, Spain. ELM, however, reserves the right to initiate legal proceedings also at the Exhibitor’s general place of jurisdiction.
21.4. Statute of limitations
Claims of Exhibitor against ELM shall become statute-barred after 6 months after the termination of the Trade Show unless mandatory statutory provisions to the contrary apply.
21.5. Severability clause
Should any individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be amended in such a way that the intended purpose is achieved.