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Exhibition - Exhibitors - General Terms & Conditions |
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1
GENERAL TERMS AND CONDITIONS FOR CONGRESSES
ORGANISED BY EUROPOINT B.V.
CHAPTER 1
GENERAL CONDITIONS
Article 1
In this agreement the following words shall have the following meanings:
- Europoint b.v.:
Europoint, as well as any person or legal entity and his/its authorised
representatives with whom the event is jointly organised.
- Participation agreement:
The agreement whereby Europoint offers the opportunity, for a certain
period and under certain conditions, to participate in an event
organised by Europoint.
- Participation conditions
The conditions that apply for the event as described in the congress
brochure and any other publications about the relevant event.
- Application form
The form, provided it has been filled out and signed by the participant,
is considered to be an irrevocable offer by the participant to participate
in the event.
- Participant:
Any person or legal entity who/which has entered into an agreement
with Europoint by means of a participation agreement.
- Event:
The event, congress, symposium, seminar, workshop, forum or
course which is the subject of the participation agreement.
- Costs of participation:
The fee which, under the terms of the participation agreement, the
participant must pay Europoint to participate in the event.
Article 2
1. This agreement is deemed to be an integral part of the participation
agreement for in the event as concluded between the participant and
Europoint.
2. Deviations from this agreement or the complete or partial exemption
from any of the prohibitions or obligations specified in this agreement
shall only apply if such deviation or exemption is stated in writing and
signed by Europoint, and/or if a supplementary agreement has been
entered into.
3. Third parties who have not entered into a participation agreement
cannot derive any rights from this agreement.
CHAPTER 2
GENERAL PROVISIONS REGARDING PARTICIPATION
Article 3
1. The organisers reserve the right to alter the dates, times and site of
the event as listed in the conditions of participation or to cancel the
event at all times, if this is a consequence of exceptional
circumstances which have arisen through no fault of their own,
without this giving the participants any right whatsoever to claim
compensation from the organisers for any damages, in whatever
form or for whatever reason such damages may have arisen.
2. The special circumstances referred to in paragraph 1 include:
insufficient interest on the part of participants, disagreement within
the branches of industry concerned, fire, a national disaster, which
circumstances, in the opinion of Europoint and after weighing the
interests of all parties, could endanger the success of the event.
3. Changes in dates, times and site such as referred to above do not
give participants the right to completely or partially cancel their
applications.
4. If the event is cancelled, then the applications shall be regarded as
cancelled and any payments made by the participants for
participation will be reimbursed, after deduction of expenses already
incurred for the organisation of the event up to a maximum of 20% of
the total participation and administrative costs due. In all cases, the
participant is required to reimburse fully all additional costs incurred
by the organisers and made at the participant’s request in connection
with his participation.
5. Under no circumstances can a participant claim any right to
compensation from Europoint for damages as a result of a decision
such as described in paragraph 1 of this article.
6. If the event includes both a congress and a trade fair, these will be
considered two separate events. They can never be regarded as one
event. Separate General Terms & Conditions shall apply to each
event. Cancellation of one event shall not give the participant any
rights regarding the other event.
7. If during the congress a trade fair or exhibition is organised, the
General Terms & Conditions for Trade Shows apply to the latter. You
can apply for these terms at Europoint b.v.
8. Europoint reserves the right to ask any additional information from
visitors and participants.
9. In the case of cancellation at his own request, the participant is
obliged to reimburse any other costs incurred by Europoint. The
participant cannot claim compensation for any loss suffered directly
or indirectly as a result of the provisions in this article.
CHAPTER 3
PARTICIPATION
Article 4
1. During the agreed period the participant has the right of access to the
space in which the event is held. This right is granted through a
participant’s badge. The participant’s badge is strictly personal.
2. Moreover, the participant has the right to receive the congress
proceedings, if published, of the relevant event.
3. Moreover, the participant has the right to attend any other joint
sessions, if organised during the event, such as lunches, coffee and
tea breaks, receptions, dinners and trips, unless Europoint has
determined that participating in one of the above events is not free of
charge. If the participant pays for these additional costs he may also
attend these extra sessions.
4. The participant has the right of access to the trade fair, which may or
may not be open to the public, (including a free copy of the catalogue),
provided that this trade fair coincides with the event, and is held in the
same complex and for the same target group.
5. In the case of cancellation at his own request, the participant is
obliged to reimburse any other costs incurred by Europoint. The
participant cannot claim compensation for any loss suffered directly
or indirectly as a result of the provisions in this article.
6. If the participant does not attend the event, he will retain his right to
receive the congress proceedings, provided that Europoint has
received the full amount due for participation.
CHAPTER 4
APPLICATION/PAYMENT/CANCELLATION
Article 5
1. The application to participate in an event must be submitted on an
application form which is made available to the participant. If this form
is signed by an employee who is not empowered to commit the
participant concerned, Europoint will consider this to be the signature
of an authorised person and will therefore require the participant to
accept any and all consequences arising from this application.
2. Filling out, signing and submitting the application form is deemed to be
an irrevocable offer by the participant to participate in the event. This
offer shall be deemed accepted by Europoint as soon as Europoint
receives a signed agreement of participation from the applicant.
3. Where appropriate Europoint may decide to offer the participant the
possibility to choose between participation for the duration of the entire
event or only a part thereof. In such cases, the participant can make
his choice known on the application form and the provisions in
paragraph 1. and 2. of this article shall also apply.
4. In exceptional cases, the organisers may decide that an application
will not be accepted.
Article 6
1. The participation fee is payable in one instalment;
a. 100% of the amount for participation within 14 days of the date of the
invoice.
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b. If the participation agreement is dated less than 14 days before the
start of the event, the due amount is payable immediately, or must
have been received by the organisers before the first day of the event.
2. In exceptional cases the organiser can decide to offer a discount for
early bookings.
3. The participant is liable for all fees payable to Europoint regarding his
participation, irrespective whether or not these costs were occasioned
by the participant himself of by third parties on his behalf.
4. If any amount due to Europoint is not paid on time, the statutory interest
will be charged as from the date on which the debt becomes due and
payable. Collection costs will be charged to the participant, whereby
the out-of-court collection costs are set at 15% of the principal amount.
5. Europoint is entitled to set off payments made in respect of
participation to reduce still unpaid claims against the participant
arising from previous participation.
6. If a participant has not paid the amounts due within the specified
period, the organisers retain the right to refuse him access to the
event, without prejudice to the organiser’s right to claim full payment
of these amounts.
7. In the situation as referred to under paragraph 6 of this article, no
restitution can be claimed of amounts already paid.
8. Payments which the participant claims he is due from Europoint may
not be offset against the payments which are owed to Europoint by the
participant. Neither can the participant claim a right to suspend
performance in respect of such payments.
Article 7
An application cannot be withdrawn or altered unilaterally by the
participant. If a participant wishes to cancel a previously submitted
application, a written request to this effect must be sent to the organisers by
registered post. The organisers may grant a request for cancellation of the
application as long as the participant has fulfilled payment of the
cancellation charges as follows:
1. - Euro 50 administrative costs if the application is cancelled more
than 10 weeks before the start of the event.
- 50% of the participation fee if the application is cancelled between
10 weeks and 6 weeks before the start of the event.
- 100% of the participation fee if the application is cancelled between
6 weeks before the start and the start of the event, or as much of the
fee as should be retained in the opinion of the organisers as a just
remuneration for costs incurred as a result of cancellation.
2. In the case of cancellation, the participant is entitled to send a
substitute. A written request to this effect should be sent to the
organisers. This substitute must be an employee or official of the
same company or organisation as the participant.
3. Europoint is entitled to withdraw the participant’s badge at any time
and to deny the person concerned access to the event.
4. If, at any time after entering into the participation agreement, the
participant is declared bankrupt or a petition is filed for the
suspension of payments, the participation agreement shall be
dissolved immediately through the mere occurrence of any of the
said events and the participant is liable to payment of the full fee for
the event, without prejudice to Europoint’s right to claim costs,
damages and interest.
5. If the participant is unable to participate in the event through
unforeseen circumstances that are no fault of his own, Europoint can,
at the request of the participant, dissolve the participation agreement,
in which case the participant remains liable to pay 25% of the total
participation fee, as well as any other costs incurred at his request in
respect of his participation by or through the agency of Europoint.
CHAPTER 5
PROHIBITORY PROVISIONS
Article 8
Without the written permission of or on behalf of the organisers, the
participant is not permitted to:
1. Conduct a survey amongst the visitors and participants of the event
within the complex used for the event or on the surrounding grounds or
premises.
2. Carry out activities which, in the opinion of the organisers, cause
damage or negatively affect the event as a collective manifestation,
even if these activities are not directed at one or more specific
participants or groups thereof. All this insofar as the activities cannot
be regarded as customary in normal competitive relationships.
CHAPTER 6
INSURANCE / LIABILITY
Article 9
1. The organisers, managers, their authorised representatives and the
staff of the complex or event cannot be held liable for any damages, of
whatever nature, occurring as a result of damage to or loss of goods,
nor for any damages arising from any other defects in the
accommodation or the surrounding grounds, nor for any damage to
goods or persons arising from any cause whatsoever, if and insofar
as such damage or loss is not covered by third party liability
insurance taken out by the organisers.
2. The participant is liable for and is obliged to take out insurance
against all damage of whatsoever nature or harm occasioned to
persons working for the organisers and/or the staff working in the
complex, and he is required to indemnify the organisers and the staff
of the complex from all claims which others may exercise against
the organisers and/or the staff of the complex.
3. Europoint is not liable for any damage, of whatsoever nature and
under whatever title, suffered directly or indirectly by the participant,
including consequential losses and damage as a result of theft,
vandalism or whatever other cause, if such damage is caused by
third parties.
4. The participant shall indemnify Europoint against all claims made by
third parties for damage, of whatsoever nature and under whatever
title, caused by the participant himself.
CHAPTER 7
MAINTAINING ORDER
Article 10
1. The organisers are entitled, without any legal intervention, to take one
or more of the following steps and measures, if necessary at the
expense of the participant, against any participant who acts contrary to
any of the provisions of this agreement or the participation conditions
or who fails to comply with any instruction issued by or on behalf of
the organisers:
a. to withdraw the participator's badge issued to him and to deny that
person involved access to the event with immediate effect.
b. to exclude the participant involved from participation in any events to
be organised in the future.
CHAPTER 8
SPECIAL PROVISIONS
Article 11
If the participant fails to comply with any regulations, conditions or
instructions Europoint has given or will give, then Europoint is entitled to
take the necessary measures at the expense and risk of the participant, to
ensure that such regulations, conditions or instructions will be fulfilled, or
to exclude the participating organisation from the event.
Article 12
1. Europoint can accept no liability for damage or loss, under whatever
name, whether suffered directly or indirectly by the participant,
including damage due to theft, destruction or whatever other cause, if
this damage or loss is caused by third parties.
2. The participant shall indemnify Europoint against all claims from third
parties, for damage or loss, under whatever name, caused by the
participant himself.
Article 13
In the case of events which, in accordance with the participation
agreement, are subject to special conditions, these conditions are deemed
to be incorporated into this agreement. Insofar as they are in conflict with
or deviate from this agreement, the provisions of the special conditions
shall prevail.
Article 14
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If the provisions of this agreement are in conflict with or deviate from the
conditions stated on the application form, then, if this application resulted in
a participation agreement, the conditions of the application shall prevail.
Alterations and additions made by the participant himself will only be valid
if these have the express written approval of Europoint.
Article 15
Contingencies
In all cases not provided for in this agreement the decision of Europoint will
be final.
Article 16
Disputes
1. All disputes arising between Europoint and a participant regarding the
participation agreement, this agreement, or any other agreement
which was entered into by the parties, shall be decided by the
competent court in Utrecht in accordance with the laws of the
Netherlands.
2. All legal costs incurred by Europoint in the context of the present
agreement will be entirely for the account of the participant and will be
set as a penalty for an amount calculated on the basis of the collection
rates of the Netherlands Bar Association (NOVA).
3. This English language document is a translation from the Dutch
original made for the convenience of foreign participants. In the event
of any dispute as to the interpretation of any of the conditions herein,
the official Dutch version shall prevail.
The Dutch version of these General Terms and Conditions for Congresses
organised by Europoint b.v. was filed at the Chamber of Commerce in
Utrecht, the Netherlands, under number: 30142004.
March 2004
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