Article 1 - Definitions
In these General Terms and Conditions of Participation of MASTERS EXPO (hereafter referred to as 'Terms and Conditions') the following terms shall have the following meanings: 'Fair MASTERS EXPO; 'Organiser' means MASTERS HQ; 'Exhibitor' means any natural or legal person with whom the Organiser negotiates the conclusion of an Agreement; 'Agreement' means the agreement between the Organiser and the Exhibitor relating to participation in the Exhibition as well as any amendment or addition thereto; 'Exhibition Area' means Amsterdam RAI complex, Europaplein, Amsterdam.
Article 2 - Applicability
These Conditions form part of the Agreement and apply to all related (legal) acts between the Organiser and the Exhibitor. The applicability of any specific or general conditions or stipulations of the Exhibitor or third parties is expressly rejected by the Organiser.
Article 3 - General
The Fair will take place on 17, 18, 19, 20, 21 and 22 November 2021 in the Amsterdam RAI, Europaplein, Amsterdam. On Wednesday 17 November 2021, the Fair will be open from 16.00 to 22.00. On Thursday 18 November, the fair will be open from 12.00 to 22.00. On Friday 19 November, the Fair will be open from 12.00 to 22.00, on Saturday 20 November from 10.00 to 17.00 and on Saturday night (VIP night) from 20.00 - 01.00. Sunday 21 November from 11.00 to 21.00 and Monday 22 November from 12.00 to 19.00. Organiser has the right to unilaterally change the opening hours.
Article 4 - Conclusion of agreement
An Agreement is only concluded if and in so far as the Organiser accepts in writing an Exhibitor's application to take part in the Exhibition. The Organiser expressly reserves the right to refuse participation in the Exhibition after registration, without giving reasons and without this giving rise to any claim for the applicant.
Article 5 - Obligations of the Organisation
The Organiser is responsible for the preparation and organisation of the Exhibition, the provision of publicity concerning the Exhibition, the rental of the Exhibition Space, security, the presence of a secretariat and the provision of standard stand space or having it provided. Only the Organiser will allocate an Exhibitor a stand space in the Exhibition Area, taking the wishes of the Exhibitor into account as much as possible. The Organiser reserves the right to allocate to the Exhibitor a larger or smaller stand space than requested by the Exhibitor, without this giving rise to any claim on the part of the Exhibitor.
Article 6 - Obligations of the Exhibitor
The exhibitor shall pay the participation fee in accordance with the provisions of Article 11. The exhibitor must set up and break down the rented stand space in good time in accordance with the provisions of Article 7. The exhibitor must use the stand space allocated to him exclusively for exhibition purposes; he must supervise his stand during the opening hours of the Fair, or have it supervised; he must not exhibit goods under the name of a third party and/or display and/or distribute promotional materials of a third party within the allocated stand space; he must not in any way exhibit outside the allocated stand space, engage in promotional activities and/or trade in the broadest sense of the word; he must comply with the instructions of the Organiser and its staff and security personnel. The exhibitor will ensure that the set-up of the stand and the goods and services exhibited by him are in accordance with all relevant laws and regulations, including, among other things, applicable fire safety regulations, municipal bye-laws and household regulations of the Exhibition Area.
The Organiser reserves the right to instruct the Exhibitor, if necessary, to change the layout of its stand, either in the interests of the Exhibition or because of the aforementioned laws and regulations. The Organiser is entitled, if necessary, to have changes to the stand carried out by the stand construction company contracted by the Organiser. The Exhibitor is responsible for the additional costs involved. The Exhibitor is responsible for the conduct of all persons appointed by him or working under his supervision. The Organiser is entitled to remove from the Exhibition Area anyone who endangers or threatens to endanger the peace and order, or who violates the generally accepted standards of decent behaviour and good manners, at the sole discretion of the Organiser.
The Organiser and its staff and members of the security service shall at all times have free access to all stand spaces in order to carry out checks or activities in the interest of the Exhibition. If during or prior to the Exhibition there is reasonable doubt as to the origin or ownership of an object, the Exhibitor undertakes to have the object in question stored in a closed space designated by the Organiser in order to ascertain its origin or ownership. In such a case, the Exhibitor will cooperate fully in order to minimise unwelcome publicity for the Fair and/or the Organiser.
Article 7 - Time schedule for assembly / disassembly
The Exhibition Area will be open for building and setting up stands as well as for bringing in exhibition materials for free construction on Monday 15 November from 8:00 to 20:00, Tuesday 16 November from 8:00 to 20:00 and Wednesday 17 November from 8:00 to 13:00, unless otherwise agreed. Uniform construction starts Tuesday 16 November 2021. The stands mustbecompletely built and furnished by13:00 on Wednesday 17 November2021. Removal of the exhibition materials as well as dismantling and disposal of the stands must take place on Monday 22 November 2021 from 19:45 to 00:00. And Tuesday 23 November 2021 from 8:00 to 20:00 hours for free construction only, unless otherwise agreed. If the exhibitor fails to meet the above deadlines, the organiser reserves the right to take appropriate measures, including, inter alia, denying the exhibitor participation in the Exhibition and dismantling and removing the stand at the exhibitor's expense. Construction times can be changed by the Organiser without giving reasons.
Article 8 - Cancellation by the Organiser
The Organiser may cancel, move and/or postpone the Exhibition for compelling reasons, at its discretion, by means of a verbal and/or written notification to the Exhibitor. In the event of relocation and/or postponement, the Exhibitor will be bound by this. The Organiser is in no way liable for any damage suffered or yet to be suffered by the Exhibitor and/or third parties as a result of the cancellation, relocation and/or postponement. In the event of cancellation, the Organiser will not refund the participation fees already paid by the Exhibitor at the time of the cancellation. In the event of force majeure, the provisions of Article 15 apply and the Exhibitor cannot claim a refund of the participation fees already paid. The Organiser advises the Exhibitor to ensure that a cancellation clause is included in its own insurance policy.
Article 9 - Cancellation by the Exhibitor
The Exhibitor has the right to cancel its participation in the Fair up to six months before the start of the Fair on 15 May 2021, stating specific reasons, unless otherwise agreed in writing. In this case 50% of the total participation fee must be paid by the Exhibitor to the Organiser. In the event of cancellation up to four months prior to the date of the fair, 15 July 2021, the Exhibitor shall pay 75% of the total participation fee. In the event of cancellation up to 1 month before the construction of the Exhibition, 15 October 2021, 100% of the total participation fee is payable by the Exhibitor. In case of cancellation after 15 October 2021, 125% of the total participation fee is payable by the Exhibitor to the Organiser. The 125% cancellation fee represents the costs already incurred by the Organiser and the costs still to be incurred as a result of the cancellation. In the event of cancellation, the cancellation fee must be paid immediately with a maximum payment period of 14 days. The above also applies to multi-year contracts. The cancellation fee is calculated based on the sum of all years.
Article 10 - Prices
All prices and other rates of the organiser are expressed in euros and are exclusive of turnover tax (VAT). The participation fee includes the costs of the stand space, the rental of the exhibition space and extras agreed upon in writing. The participation fee does not include other costs such as transport, loading, unloading and placing of the exhibitor's materials; travel and accommodation costs of the stand crew; extra furnishing of the stand with for instance furniture, showcases, decorations and extra lighting. The Organiser is entitled to pass on increases in cost price factors to the exhibitor by means of a tariff increase. If such a rate increase is passed on within one month after the conclusion of an agreement, the exhibitor is entitled to terminate the agreement with immediate effect.
Article 11 - Payment
Together with the written confirmation of participation, the exhibitor will receive a written confirmation of the payment arrangements made. The Exhibitor will explicitly comply with the arrangements made. At the latest fourteen weeks prior to the Exhibition, or as much earlier as stipulated by the organiser, the Exhibitor will receive an invoice or final partial invoice for the total participation sum. This invoice must be paid within fourteen days after the invoice date. If a registration is made less than fourteen weeks before the opening of the Exhibition, the Exhibitor will receive an invoice for the total participation sum together with the written confirmation of participation. The participation fee must be paid by the exhibitor within five days, whereby the participation fee must be credited to the organiser's account within five days.
If the full participation fee has not been credited to the organiser's account one month before the start of the exhibition, 15 October 2021, payment of 125% of the participation fee must still be made and participation will be excluded.
All amounts owed to the organiser must be paid without discount, deduction or settlement. Furthermore, the exhibitor is not entitled to suspend any payment obligation towards the organiser. The Organiser is entitled to deny the exhibitor access to the Exhibition until full payment has been made by the exhibitor. By expiry of the payment term, the exhibitor is automatically in default. The exhibitor shall owe default interest of 1% per month on all amounts not paid at the latest one month, 15 October 2021, before the construction of the Exhibition, as from that day, to be calculated until the day of full payment, whereby a part of the month shall be calculated as a full month. Each time after the end of a year, the amount on which the interest is calculated is increased by the interest owed over that year. If the exhibitor is in default towards the organiser, he is obliged to fully reimburse the organiser for the extrajudicial and judicial costs. The extrajudicial costs to be reimbursed by the exhibitor will amount to at least 15% of the unpaid amount, with a minimum of € 200. This provision may also be invoked in the event that the organiser has sent or caused to be sent only one reminder, notice of default and/or demand for payment.
Article 12 - Liability of the Organiser
The organiser accepts no liability for damage which in any way results from any actions or omissions by the organiser and/or its subordinates or third parties under its supervision during the set-up, breakdown and running of the exhibition, or which is otherwise connected with the exhibition. The aforementioned includes in particular loss, theft or damage to materials belonging to the exhibitor or third parties; damage as a result of power cuts, power fluctuations and interruptions in heating and lighting; any injury suffered or inflicted by the exhibitor or third parties within the framework of the Exhibition; consequential damage suffered by the exhibitor or third parties, including loss due to delay, loss of profits, financial loss and intangible loss. Neither is the organiser liable for the content of the message disseminated by the exhibitor during the exhibition.
In the unlikely event that the organiser is nevertheless held liable, then the liability of the organiser towards the exhibitor is at all times limited to a maximum of ten percent of the amount of the agreed participation fee.
Article 13 - Liability of the Exhibitor
The exhibitor is liable for all damage which in any way results from any action or omission by the exhibitor and/or his subordinates or third parties under his supervision during the construction, dismantling and running of the Exhibition, or which is otherwise connected with the Exhibition. The aforementioned includes in particular damage inflicted on stand materials and/or injury inflicted on persons during the said period in the exhibition space.
If an Exhibitor shows signs of having a cold or has a fever of up to 38 degrees Celsius, the Organiser is entitled to refuse the Exhibitor or to remove him from the Exhibition without consultation.
Article 14 - Indemnification
The exhibitor indemnifies the organiser against claims from third parties for whatever reason, including compensation for damage, costs or interest. More specifically, the exhibitor indemnifies the organiser against all claims of third parties regarding the use by the organiser of text and/or visual material provided by the exhibitor, including claims of third parties regarding (alleged infringement of) intellectual property rights and/or regulations regarding advertising. The exhibitor also indemnifies the organiser against all claims of third parties, under whatever heading, with regard to loss, theft or decrease in value of goods and/or damage and/or injury inflicted upon persons, which are connected with the exhibition.
Article 15 - Force majeure
In the event that the organiser is unable to meet its obligations towards the exhibitor due to a non-attributable failure, the fulfilment of those obligations will be suspended for the duration of the force majeure situation. Force majeure is in any case understood to mean any circumstance beyond the control of the organiser, as a result of which the fulfilment of its obligation towards the exhibitor is fully or partially impeded, or as a result of which the fulfilment of its obligations cannot reasonably be required from the organiser, regardless of whether the circumstances were foreseeable at the time of concluding the Agreement. Such circumstances will in any case include: states of emergency (such as extreme weather conditions, fire and lightning strikes), strikes, diseases, epidemics and pandemics, non-performance by suppliers on whom the organiser depends for the implementation of the Agreement (including the operator of the exhibition space and the stand construction company), break-ins, telecommunication malfunctions and/or in connection with any instruction by the competent authorities. If the force majeure situation lasts longer than thirteen months, both parties are entitled to dissolve the Agreement entirely or partially by registered letter, insofar as the force majeure situation justifies this.
Article 16 - Insurance
Materials of the exhibitor and third parties, as well as transport, delay, loss, theft, damage and depreciation thereof, personal injury and consequential damage are not covered by the insurance of the organiser and the organiser is not liable for this. The organiser explicitly advises the exhibitor to take out the necessary insurance himself.
Article 17 - Default / dissolution
If the exhibitor does not properly or timely comply with any obligation arising for him from the contract, he is without notice in default and the organiser is entitled to suspend the performance of the contract until compliance by the exhibitor is sufficiently guaranteed; and/or to terminate the contract partially or entirely without refunding certain invoices. In case of (provisional) suspension of payment, bankruptcy, shutdown or dissolution of the business of the exhibitor, the contract with the exhibitor will be dissolved by operation of law.
Article 18 - Partners at the stand
The exhibitor must request prior written permission from the organiser for participating parties on the stand, including partners and suppliers. This applies to any party visibly present with a logo or other name statement and other presence in the broadest sense of the word. The organiser reserves the right to assess per party whether permission will be granted. This will be made known in writing in advance. If the exhibitor does not request permission from the organiser for participating parties in advance, the exhibitor risks having these parties removed from the stand. The exhibitor also risks a fine of € 1500,- per party that has not been reported. Without written permission from the organiser, participation of third parties unknown to the organiser is not allowed at all.
The exhibitor must report all caterers at their stand to the Organiser. The caterers must supply a valid HACCP form to Organiser before the construction of the Exhibition.
Article 19 - Amendments and supplements
Changes and additions to any provisions in an agreement and/or conditions will only apply if they are recorded in writing by organiser and only relate to the agreement in question.
Article 20 - Transfer of rights
The organiser is at all times permitted to transfer the rights arising from the agreement to third parties. The exhibitor is only entitled to do so with the prior written permission of the organiser.
Article 21 - Applicable law and competent court
Dutch law applies to these terms and conditions and to the agreement. All disputes that arise as a result of an agreement or these terms and conditions will be settled by the competent court in Amsterdam, unless the law prescribes otherwise.