Terms and Conditions
PREMIUM AND STANDARD CONDITIONS
PREMIUM CONDITIONS
The agreement may be cancelled by the exhibitor till the first exhibition day of A@W. However, in case of cancellation, the exhibitor remains obliged to pay the full participation fee.
Contrary to article 13:b), exhibitors to whom the premium conditions apply will receive a voucher for the full participation price, provided that the cancellation takes place at least six weeks before the first exhibition day. For cancellations later than six weeks before the first exhibition day, the exhibitor will not receive a voucher.
The subscription price for the premium conditions is 10% of the participation price for A@W.
All vouchers will be valid for a period of 2 years from the cancellation date onwards.
A voucher can be used for all A@W products offered by A@W, or in general the organiser, including but not limited to the participation fee for a subsequent edition of A@W, newsletter article, services and sponsorship package.
STANDARD CONDITIONS
The agreement may be cancelled by the exhibitor who is subject to payment of 40% of the total participation fee if the cancellation occurs up to 3 months before the first day of the exhibition (whether physical or digital), subject to payment of 70% of the total participation fee if the cancellation occurs up to 6 weeks before the first day of the exhibition (whether physical or digital) or subject to payment of 100% of the total participation fee if the cancellation occurs less than 6 weeks before the first day of the exhibition (whether physical or digital).
GENERAL TERMS AND CONDITIONS FOR CLIENTS
XPO GROUP AND SUBSIDIARIES
General terms and conditions for clients participating in events and exhibitions organized by or in cooperation with XPO GROUP or one of its subsidiaries (hereinafter referred to as exhibitor) and/or wish to make use of the other services offered by BV XPO GROUP or one of her subsidiaries.
TABLE OF CONTENTS
I. General
Art. 1. Subject matter
Art. 2. Agreement between the service provider and the client
Art. 3. Formation of the agreement
Art. 4. Adaptation/modification/amendment of the agreement
Art. 5. Acceptance of exhibitors and their products - Selection criteria
Art. 6. Reservation with regard to allocation of stand space to exhibitors
II. Implementation of the Agreement
Art. 7. Price
Art. 8. Payment
Art. 9. Terms of payment
Art. 10. Payments from or to foreign clients
Art. 11. Binding clause
Art 12. Transfer of rights
Art. 13. a) Cancellation by the client
Art. 13. b) Cancellation or postponement of the exhibition
III. Venue
Art. 14. Technical connections
Art. 15. Parking
Art. 16. Stand: furnishing, superstructure and dismantling
IV. Exhibitor products
Art. 17. Products
Art. 18. Miscellaneous prohibitions
Art. 19. Waste and packaging
V. Services for exhibitors
Art. 20. Exhibitor services
Art. 21. Ordering services
Art. 22. Obligatory services
VI. Special provisions for specific services
A. In addition to the obligatory services
Art. 23. Information and advertising in the catalogue
B. In addition to the optional services
Art. 24. Connection of electricity, water, gas and compressed air
Art. 25. Advertising material
Art. 26. Invitations / tickets
VII. Service package for clients
Art. 27. Advertisements
VIII. Visitors
Art. 28. Trade exhibitions
Art. 29. Right of refusal
IX. Legal requirements, control, monitoring, surveillance
Art. 30. General
Art. 31. Fiscal regulations
Art. 32. Safety regulations
Art. 33. Control supervision
Art. 34. Surveillance
Art 35. Processing of personal data
X. Liability and Insurance of the exhibitor
Art. 36. Responsibility
Art. 37. Exoneration
Art. 38. Claim
Art. 39. Insurance
XI. Force majeure
Art. 40. Force majeure on the part of the organizer
Art. 41. Force majeure on the part of the client
Art. 42. Electricity, utilities and other services
Art. 43. Contingencies
Art. 44. Unforeseen costs
XII. Compliance with the Agreement
Art. 45. Deviations
XIII. Final provisions
Art. 46. Choice of residence
Art. 47. Applicable law - Jurisdiction
I. GENERAL
Article 1: Subject matter
The private limited company XPO GROUP, or abridged BV XPO GROUP", whose registered office is located in Kortrijk, Doorniksesteenweg 216, as well as its subsidiaries and certain organizers approved by it to which it makes its venue and/or premises available, both further called “the organizer” or “the service provider” regularly organize various events and exhibitions, in the broadest sense, and which can take place physically/ virtually or a combination of both.
Any person who makes use of the service provider's services is hereinafter referred to as "client".
Clients participating in a fair or exhibition are hereinafter referred to as "exhibitors", on the understanding that the term "clients" refers to both client-exhibitors and the other clients of BV XPO GROUP (including, but not limited to, advertisers and organizers approved by the latter) and its subsidiaries, unless otherwise stated.
With regard to exhibitors, BV XPO GROUP does not act as lessor of buildings, but as realizer of initiatives organized by it or by external recognized organizers in its venue and/or premises.
The present general conditions regulate the contractual relations between the service provider and clients.
Article 2: Agreement between the service provider and the client
The service provider concludes an agreement with the client regarding the purchase of service, hereinafter referred to as “the agreement”. For exhibitors in particular, this includes the provision of a stand space and an accompanying service package, which may relate to the physical or digital part of the said organization.
This agreement is regulated by the following documents, which form an integral part of the contractual relations between the two parties:
1. The general terms and conditions
2. The additional terms and conditions mentioned in the digital registration and the confirmation e-mail from the service provider, insofar as they apply.
These additional terms and conditions contain the provisions that deviate from these general terms and conditions and that apply specifically to the event or exhibition in question.
3. Ordering services, insofar as they apply
It contains the list of obligatory and optional services made available to clients, with the specific implementation modalities and a web shop where prices are listed.
4. Separate agreement, as far as applicable
This contains the special arrangements between the service provider and the client within the framework of specific services.
Article 3: Formation of the agreement
In order to conclude the agreement with the organizer, the candidate-exhibitor -must submit the digital registration duly completed and signed to the organizer.
By submitting the signed digital registration, the exhibitor acknowledges to have read and agree to all the provisions of these general conditions as well as any other documents or guidelines which the organizer may draw up or issue concerning the event to which the registration relates, such as services to be ordered.
Through digital registration, the candidate-exhibitor commits himself/herself irrevocably. For Architect@Work, the registration is considered participation in the selection procedure. By registering, the candidate-exhibitor undertakes to participate in Architect@Work at the time of selection.
The agreement will only be concluded when the organizer sends a confirmation e-mail “confirmation of your application” to the exhibitor, mentioning, if applicable, the final stand number and any special conditions or exceptions. The date of the confirmation mail is the actual date of conclusion of the agreement.
Article 4: Adaptation/modification/amendment of the agreement
The service provider reserves the right, after the conclusion of the agreement, to make changes to the provisions of the agreement, such as, for example, the rate of the fees, if a general economic change justifies this.
In case of a change in rates, the organizer will inform the exhibitor who has eight days to cancel his participation.
Article 5: Acceptance of exhibitors and their products - Selection criteria
The choice of exhibitors and of the products, articles and services to be exhibited is determined by the organizer, in function of, among other things, the subject of the event or exhibition and in accordance with a program that strives for the successful development of the event over time.
The digital registration of the candidate-exhibitor may be rejected by the organizer. In addition, the organiser may at any time cancel a request previously accepted by him. This decision of refusal does not need to be motivated and can in no way give rise to compensation in addition to the full refund of the advances paid. In the event of partial or non-payment of invoices of the current edition of the exhibition, of invoices of a previous edition of the exhibition or of another exhibition organised by BV XPO GROUP and/or its subsidiaries, the organiser is at all times entitled, after a period of 8 days following the serving of a registered notice of default and without judicial intervention, to suspend the agreement in whole or in part until full and effective payment of the outstanding balance as stated.
The organizer has the right to divide the authorized products, articles and services into categories and groups, as well as to impose a quantity restriction with regard to the number of exhibitors and the exhibition area to be allocated.
The candidate-exhibitor must register under his personal name if he runs a business as an individual trader, or under the full company name if registration concerns a company. The candidate-exhibitor must mention his company number (with the Kruispuntbank van Ondernemingen), or the equivalent in his own country if it concerns a foreign exhibitor.
The person who signs the digital registration is presumed to be able to legally bind the company. If this does not appear to be the case, he may be held jointly and severally liable with the company for the payment of all participation costs incurred.
By registering digitally via the exhibitor portal of BV XPO GROUP, the exhibitor confirms that he actually wanted every stipulation in these general terms and conditions and that he accepts them.
Article 6: Reservation with regard to allocation of stand space to exhibitors
If applicable, the allocation of stands will take into account as much as possible the preference indicated by the candidate-exhibitor on the digital registration. However, the organizer is not bound by the exhibitor's preference regarding certain stand numbers. The organizer has, if applicable, the final right to indicate the definitive stand locations in the general interest of the event. The correct determination of the stand, if applicable, will be communicated to the exhibitor in the confirmation e-mail.
The organizer reserves the right, if applicable, to change the stand allocated in the confirmation e-mail after the agreement has been concluded, for organizational reasons. If applicable, the exhibitor bound by this and does not have the right to renounce participation.
Exhibitors who do not agree with the organizer's decision regarding the stand location cannot invoke any fault on the part of the organizer that would justify compensation or the dissolution of the agreement to the detriment of the organizer.
II. IMPLEMENTATION OF THE AGREEMENT
Article 7: Price
1. The price to be paid by the client consists of a fee for the services provided by the service provider.
2. Specifically the participation fee for events or exhibitions, payable by the exhibitor, consists among other things and if applicable, of a stand fee and a fee for the services made available or for agreed services, which (may) relate to a physical or digital organisation.
For specific events or exhibitions, this participation fee may be supplemented by a deposit and/or a fixed registration fee, the amount of which is determined is determined in the digital registration.
a. Stand fee (if applicable)
The stand fee varies from event to event and from year to year and is always specified on the digital registration.
b. Fee for the services provided
This concerns a fee for various obligatory and optional services made available to the exhibitor by the organizer. Depending on the organisation, these services may relate to a physical and/or digital part of the organisation.
c. Fixed participation fee
See digital registration for more information.
d. Remarks
Unless otherwise stated in writing, taxes and other duties are not included in the amount of the fees and remain at the exhibitor's expense.
Article 8: Payment
Payment of the fees due by the exhibitor must be make 14 days after receipt of the invoice.
Payment for services other than events and trade fairs shall be effected in accordance with the arrangements laid down in Article 21 or Article 28 of these Terms and Conditions, or, where appropriate, in the separate agreement between the service provider and the client.
Article 9: Terms of payment
1. The client undertakes to settle the outstanding remuneration before the stated due date by transferring it to one of the financial accounts mentioned on the invoice. Cheques will be declined.
2. Any unpaid invoice or outstanding balance on the due date will be increased automatically and ipso jure from the due date, without judicial intervention or prior notice of default, by conventional interest of 1% per month on the amount still due.
3. In the event of total or partial non-payment of the said debt on the due date without serious reason, after unsuccessful default, the debt balance shall also be increased by 15% with a minimum of EUR 150.00 and a maximum of EUR 2,000.00, even if periods of deferral are granted.
4. All invoices are payable in cash, unless otherwise stipulated or explicitly stated on the front side of the invoice.
5. Failure to pay an invoice in full or in part by the due date shall, by operation of law, result in the cancellation of the previously stated terms of payment for other invoices involving services or deliveries, rendering all previously non-due invoices payable immediately.
6. The acceptance of bills of exchange or any other means of payment shall not entail novation and shall in no way prejudice these conditions.
7. Any complaint can only be valid and taken into consideration if it is made in writing and submitted within eight days after receipt of the invoice.
In the absence of written proof to the contrary, the invoice date shall be deemed to be the date of receipt of the invoice.
Article 10: Payments from or to foreign clients
All costs arising from payments made by or to a foreign client, such as bank charges, are at the client’s expense.
Article 11: Binding clause
Without prejudice to his right to full compensation, in the event of non-payment or partial non-payment on a single due date and in the event of non-compliance by the client with the agreement, the organizer is entitled, at his discretion and after registered notice of default, to terminate the agreement fully or partially by operation of law and without prior appeal to the judiciary, and thus to deny the client the use of the services provided and in particular to exclude the exhibitor immediately from participation in the event or exhibition.
This is for example the case when the exhibitor no longer meets the selection criteria or when, even after acceptance of the participation, serious facts concerning the exhibitor would become known to the organizer which could damage the reputation of the event or exhibition.
In case of termination of the agreement at the client’s expense, all amounts already paid will remain vested and the compensation for services already performed, even if not yet invoiced, will have to be paid to the service provider without the client being able to claim the least compensation.
In that case, if applicable, the organizer also reserves the right to immediately recover the stands allocated to the exhibitor for which the balance due has not yet been settled. The organizer may also oppose the removal of any material belonging to the exhibitor until full and effective payment of the outstanding balance.
Article 12: Transfer of rights
Unless expressly agreed in advance in writing by the organizer, the client is prohibited from transferring his rights and obligations arising from the agreement with the organizer to third parties.
Article 13: a) Cancellation by the client
The agreement may be cancelled by the exhibitor who is subject to payment of 40% of the total participation fee if the cancellation occurs up to 3 months before the first day of the exhibition (whether physical or digital), subject to payment of 70% of the total participation fee if the cancellation occurs up to 6 weeks before the first day of the exhibition (whether physical or digital) or subject to payment of 100% of the total participation fee if the cancellation occurs less than 6 weeks before the first day of the exhibition (whether physical or digital). The agreement can only be validly cancelled by registered letter/mail sent to the organizer. Any reduction in the size of the originally reserved stand space will count as a cancellation of the renounced surface area. The exhibitor acknowledges that these agreements are reasonable and reimburse the organiser on a flat-rate basis for costs already incurred and services delivered.
In the event of cancellation, the organisation has the right to release the stand and to rent it out again, without prejudice to the compensation owed by the exhibitor as indicated in the first paragraph of this article. The right to re-rent applies only to the organisers. If the stand is not re-rented - for whatever reason - the costs of furnishing the empty stand will be charged to the exhibitor and are payable in addition to the agreed charges referred to in the first paragraph of this article.
The cancellation of services other than events and trade exhibitions shall take place in accordance with the modalities provided for in Article 21 or Article 28 of these Terms and Conditions, or, where appropriate, in the separate agreement concluded between the service provider and the client.
Article 13: b) Cancellation or postponement of the exhibition
In the event that BV XPO GROUP or one of its subsidiaries, or the organiser in general, decides to cancel the exhibition for any reason that is not a case of force majeure, the organiser will be liable only for the reimbursement of advances and invoices already paid, and the exhibitor will not be entitled to claim any compensation/damages.
In addition, BV XPO GROUP or, in general, the organiser, reserves the right, without being entitled to any compensation for the exhibitors or any reimbursement of advance payments or invoices, to decide at any time to extend, postpone indefinitely, close early, extend the exhibition, postpone or close the exhibition early, or to move it in time and space, or to extend the digital section of the exhibition and organisation (hereinafter "the Amended Exhibition"), if this is essential or useful for the general welfare and is to the advantage of the exhibition and its organisation. The exhibitor's registration for the original exhibition will be maintained for the Amended Exhibition, on the understanding that if an exhibitor no longer wishes to participate in the Amended Exhibition, this will be deemed to constitute a cancellation by the exhibitor, as described under 13:a) of these General Terms and Conditions.”
III. VENUE
Article 14: Technical connections
The connection for electricity, water, drainage, gas, etc. if applicable, is done exclusively through the organizer. The exhibitor may not proceed to the connection himself.
The layout of the stand itself, on the other hand, falls under the authority and responsibility of the exhibitor. The organizer does not assume any responsibility and its organisation, if applicable, for the electricity, gas and water supply-and drainage facilities and the exhibitors expressly waive any claim for compensation in the event of shortage or interruption of these supplies, regardless of their duration and nature.
Article 15: Parking
The car park operator does not bear any responsibility for any possible loss or damage resulting from accidents, thefts or damage. This list is non exhaustive.
It is obligatory at all times to:
1. immediately comply with the instructions given by the security staff who is appointed by the operator, either directly or via loudspeakers in the parking area;
2. comply strictly with the direction of traffic and all other instructions on the terrain. The user circulates on the grounds at his own risk. The General Traffic Regulations apply to these public car parks;
3. lock the parked vehicles.
It is not allowed to:
1. carry out any repair, maintenance or cleaning work on a parked vehicle other than what is strictly necessary to make it fit to leave the grounds;
2. park vehicles not bearing an official number plate;
3. position the vehicles in such a way as to obstruct passageways. In the event of an accident or breakdown, the vehicle must be moved immediately to ensure the free passage of traffic;
4. abandon on the premises objects not belonging to an equipped vehicle, including old tyres, packaging, materials and the like;
5. leave persons or animals in parked vehicles;
6. distribute leaflets or other publicity on the hall site.
The complete regulations for the users of the parking areas on the hall site are available at the organizer’s office.
Article 16: Stand: furnishing, build up and pull out
a. Stand (if and when applicable)
The stand made available is personal and must be occupied during opening hours until the event closes. It is forbidden to transfer the rights of use of the stand to third parties in any form whatsoever, in whole or in part, whether free of charge or for a fee. Any breach of this rule will result in the immediate closure of the stand and will give rise to the dissolution of the agreement with damages as described in article 13 of these general terms and conditions.
The exhibitor may only dispose of the stand assigned to him after he has fulfilled all other obligations and on condition of proof of payment of all outstanding invoices.
The organizer reserves the right to make changes to the general layout whenever he deems it useful or necessary, among other things to create or remove passageways, to increase or decrease their width and, in general, to change the dimensions of the places made available. These changes will not give rise to any compensation.
b. Setting up the stands (if and when applicable)
The exhibitor is responsible for the set-up and construction of his stand at his own expense, risk and responsibility. The exhibitor can call upon a stand builder after approval of the set-up and decoration plan (see e. below).
If the exhibitor calls upon a stand builder of his own, the latter must comply with all the provisions of the agreement and in particular with the provisions of the exhibitor portal and webshop. The exhibitor will supervise this and will in any case remain jointly and severally liable together with the stand builder for all possible damage.
The persons employed to set up the stands must be in possession of an identification requested by the organiser.
The material used to set up the stand must be non-flammable and must have been inspected by the regular national authorities.
It is strictly forbidden to make holes or use nails in the floor, walls, roofs or other walls of the expo area and/or premises. The exhibitor is liable for any damage. In case of damage, the organizer reserves the right to carry out the repairs himself to restore the area to its original state and to charge the exhibitor for the costs of repair or replacement.
Exhibitors are reminded that electricity distribution facilities, water and telephone outlets, fire hoses, air vents and all other shared facilities must remain accessible at all times. It is therefore out of the question to set up anything that would impede free access to all of the above.
c. Build-up (if and when applicable)
The deadlines for building up the stand vary according to the event or exhibition.
In any case, the stand build-up must be completely finished at 19:00 on the last day of build-up in order to allow the organizer to carry out effectively the final cleaning of collective areas such as the corridors, etc..
The stand, of which the establishment has not been done before 19:00 on the last day of build-up, will be considered not occupied. In that case, the organizer reserves the right to either dissolve the agreement and immediately exclude the exhibitor in accordance with article 11 of these general terms and conditions, or to ensure the build-up of the stand himself at the expense of the defaulting exhibitor.
d. Late set-up of the stand (if and when applicable)
If the exhibitor's stand is not set up in accordance with the special terms and conditions set out in the agreement, e.g with regard to lighting, surveillance and maintenance, the organizer will charge the exhibitor for all extra costs caused by this late setting up.
e. Set-up plan (if and when applicable)
The set-up of the stand falls under the authority and responsibility of the exhibitor.
The organizer will provide the exhibitor with all practical information regarding the set-up and dismantling of the stands. The exhibitor must respect the guidelines concerning the set-up of his stand. The exhibitor will take care of the presentation of the exhibited goods and/or services in his stand.
In order to maintain an appropriate character, the exhibitor shall set up a decent and tidy stand with a qualitative presentation of the innovation. If this is not the case, the organizer will have the right to apply modifications to the stand at the expense of the defaulting exhibitor. According to the general rule, the partitions and other opaque decorative elements must not exceed a height of 2m50.
In any case, exhibitors are advised to contact their immediate neighbours, whose names will be communicated upon simple request. The construction must not damage the venue at any point. This means that all stands shall be self-supporting and not be attached anywhere to the building and/or the installation of the venue.
Neither persons nor goods may be endangered either directly or indirectly by the construction. The exhibitor is responsible for any damage and the organizer can in no way be held liable for this.
Account shall be taken of the accessibility to equipment in the buildings (heating etc) for operational and control purposes. The organizer reserves the right to interrupt work that does not comply with the general regulations or the plans adopted. The demolition of the installations in default will be at the exhibitors' expense and risk.
f. Publicity logos (if and when applicable)
Publicity logos must be attached in such a way that they do not protrude above the edge of the partition. All useful information such as dimensions, view, location of fixation, etc., will be submitted together with the request.
g. Dismantling of the stand (if and when applicable)
The stand must be dismantled on the last day of the event before 23:30. The stand material can be collected the day after between 8:00 and 10:00. The organizer reserves the right to claim compensation for each day's delay.
All goods, installations and constructions exhibited must be removed by the exhibitor at his own expense, risk and responsibility.
If the exhibitor calls upon a stand builder of his own, the latter must comply with all the provisions of the agreement and in particular with the provisions of the webshop and exhibitor portal. The exhibitor will supervise this and will in any case remain jointly and severally liable together with the stand builder for all possible damage.
The persons employed by the exhibitor to dismantle the stand must be in possession of an identification.
At the time of closure, the exhibitor must restore the place made available to him to its original condition and repair any damage caused to the grounds, buildings and material made available to him. The organizer reserves the right to have the repairs carried out at the exhibitor's expense. (e.g. removing tape residue).
If the exhibitor has not removed his stand or the exhibited objects within the set time limit, the organizer may, without prior notice and at the exhibitor's risk and expense, have the stand dismantled and deposit the objects and material, which were not removed or which were withheld as security, in a public storage place. The return of the goods and materials held in storage is subordinate to the reimbursement of the costs incurred.
Regardless of the implementation of the foregoing provisions, the organizer may oppose any removal of material as long as any sum remains payable.
IV. EXHIBITOR PRODUCTS
Article 17: Products
May only be exhibited: the products, articles and services that have been approved by the judging panel and that are described in the e-mail “confirmation of your innovations”. The exhibitor is himself responsible for his products and is expected to take all measures for their correct and safe use.
Article 18: Miscellaneous prohibitions
Are not allowed, if applicable, on penalty of dissolution of the agreement and immediate exclusion of the exhibitor in accordance with article 11 of these general terms and conditions:
a) all explosive or smoke-generating substances and, in general, products that may be considered dangerous or annoying to visitors, such as alcohols, acids, petrol, fuel oil, gas, corrosive substances, etc., if not packed in suitably strong containers, which take up a minimum of space. The following is also forbidden: the production of steam, smoke, etc., provided that the equipment used for this purpose is not adapted to a proper ventilation and drainage system. The installation of pipes or similar through the roof is not permitted.
b) placing objects outside the perimeter of the provided stand as well as distributing leaflets, prospectuses and samples outside the stand. No visitors will be accosted in the corridors. In the areas adjacent to the exhibition buildings (e.g. car parks), no publicity objects may be handed out or exhibited by anyone.
c) noisy demonstrations or other forms of publicity intended to attract the public's attention and, in general, any form of publicity likely to disturb neighbouring stands or visitors, such as luring visitors into the corridors or using sound amplifiers.
d) collections for various charitable or other works, if these are carried out for publicity purposes outside the stands made available for these works.
e) photographing stands or copying objects in any form without written permission from the organizer. The organizer reserves the right to have joint or partial recordings of the exhibition made for publicity purposes.
f) the application of paintwork, advertising slogans or other signs on the inside or outside walls of buildings
g) the engagement in an activity subject to a specific legislation, without strictly complying with the provisions of that legislation; this is the case, among other things, with sales at exorbitant or clearance prices, sales of used materials, tombola lotteries, promotional activities, as well as all acts prohibited by specific legal provisions such as the law on the commercial practices.
h) any demonstration which is unrelated to the subject of the demonstration, including in relation to demands made on the authorities and political demonstrations
i) the use of balloons inflated with flammable or toxic gas; these must neither be exhibited nor distributed.
j) smoking within the expo area and premises
k) in any way damage material made available to them.
In all cases, the environmental legislation must be applied.
Article 19: Waste and packaging
Waste, paper, cardboards and other combustible material intended for waste must be removed from the stands and their surroundings on a daily basis. Boxes, containers and packaging must not be kept in or behind the stands. Packaging that no longer contains any contents must be removed immediately by the exhibitor. Any packaging found in the expo area and/or premises during the night before the opening of the event will be removed immediately at the exhibitor's expense without any guarantee for its return.
If the exhibitor does not comply with the rules, the organizer has the right to dispose of waste and packaging. This will be done at the exhibitor's expense and risk.
V. SERVICES FOR EXHIBITORS
Article 20: Exhibitor services
The agreement concluded between the organizer and the exhibitor does not only concern the provision of a stand, (if applicable) but also a package of services which can be both physical and digital in nature.
All services are included in the webshop of the exhibitor’s portal, which contains a complete list of obligatory and optional services, with the corresponding current rates. Each event has its own exhibitor portal. The provisions contained in this exhibitor's portal form an integral part of the agreement concluded between the parties.
The organizer will provide these services directly or through intermediaries designated by it.
Article 21: Ordering services
Each service is the subject of an order included in the webshop.
If the exhibitor wishes to make use of a certain service, he orders via the webshop before the indicated dead-line.
All the services included in the webshop are under the supervision of the organizer. However, the latter can only insure their correct provision in so far as the orders are received before the mentioned dead-line.
For late orders, i.e. orders placed after the indicated dead-line, a price supplement will be charged. Furthermore, the organizer declines all responsibility in case of late orders.
Changes or cancellations reducing services ordered and invoiced after the dead-line, will not be credited.
Certain services, for particular trade exhibitions, are offered via a subscription formula,
Subscription formulas can be ordered through the online subscription form on the website of the trade exhibition in question, or upon telephone or written request.
The subscription will start at the date requested by the exhibitor for a fixed duration of depending on the subscription formula chosen by the exhibitor. No changes can be made to the proposed subscription formulas or their duration.
Subscriptions are automatically renewed for the same duration as originally contracted, unless they are cancelled in writing two months before the expiry date. Notice of termination shall be given by registered letter/e-mail to BV XPO GROUP. Subscriptions apply only to the event or service for which the subscription is made and do not grant any rights or access to other BV XPO GROUP products.
By way of derogation from Articles 8 and 9 of these Terms and Conditions, subscriptions must be paid within 15 days of registering. By way of derogation from Article 13a of the present Terms and Conditions, subscriptions are not refundable under any circumstances, neither in the event of cancellation by the exhibitor, nor in the event of cancellation or postponement by the organizer.
When ordering, the exhibitor can choose between different subscription packages with different price categories. The amount to be paid will be changed and settled for the remaining time of the current subscription.
Changing to a lower price category is only possible after the end of the current subscription period;
Article 22: Obligatory services
The exhibitor is obliged to make exclusive use of the BV XPO GROUP for the following services:
- forklift service
- storage of empty packaging during the event days
- electric power connections
- water connection, water distribution and drainage
- gas connection
- use of compressed air on the stands
- telephone and T.V. distribution
- concluding a "from nail to nail" all risk insurance if the exhibitor does not yet have such an insurance.
- operation and use of the car park (paid parking, etc.)
- operation of sanitary facilities and cloakrooms
For the above-mentioned services, parallel services by foreign companies are not permitted, except in the case or the “from nail to nail” all-risk insurance. Should this nevertheless occur, the exhibitor bears full liability for the damage thus caused, including compensation for loss of profit and missed opportunity.
VI. SPECIAL PROVISIONS FOR SPECIFIC SERVICES
A. IN ADDITION TO THE OBLIGATORY SERVICES
Article 23: Information and advertising in the catalogue
The organizer has the exclusive right to issue the exhibition catalogue, printed or digital. Information intended for the catalogue must be provided to the organizer in good time, by uploading on the website provided for this purpose. The organizer may change the texts provided, without any recourse on the part of the exhibitor.
The organizer cannot be held liable for any errors in texts and/or translations or for omissions, nor for the exactness and content of the inserted entries. There are few exhibitions for which we print a catalogue, and the organiser can decide whether or not to make it available digitally.
B. IN ADDITION TO THE OPTIONAL SERVICES
Article 24: Connection of electricity, water, gas and compressed air (if and when applicable)
Every exhibitor can obtain a connection on his stand to electricity, water, gas and compressed air, telephone and T.V. distribution. However, the exhibitor is not authorized to connect his stand himself. The connections will be made exclusively by the official installer appointed by the organizer.
The connection request can only be made by means of the relevant order forms in the webshop. The technical obligations and fees for these connections are listed in detail on the above-mentioned webshop.
The power supply is provided for the time between the opening and closing of the event. However, tests of limited duration may be admitted during the build-up. Water is supplied under normal service pressure.
For the safety regulations relating to these connections, please refer to the provisions of article 32 of these general terms and conditions.
Article 25: Advertising material
In order to allow the exhibitor to make an active contribution to the promotion of the event, the organizer will provide a quantity of advertising material, free of charge or not. All information on this subject is provided in the webshop.
Article 26: Invitations / Tickets
In addition to the tickets which are offered to him free of charge according to a standard which varies from one event to another, the exhibitor may order a number of invitations/entrance tickets for his own use, via the webshop. In this case, the modalities will be mentioned in the additional terms and conditions of the digital registration.
VII. SERVICE PACKAGE FOR CLIENTS
Article 27: Advertisements
Each client can opt for the publication of an advertisement or infomercial on one of the media channels provided for this purpose by BV XPO GROUP.
The request to place advertisements and infomercials is made via the online registration form, which can be consulted on the website of BV XPO GROUP and/or the website of the trade fair in question, or upon request by telephone or in writing.
The advertisements are always scheduled in consultation with the client, but BV XPO GROUP may unilaterally decide to refuse or postpone publication or broadcast for justified reasons, without the possibility of recourse or compensation on the part of the client.
The client is solely liable for any errors in the advertising material supplied. In the case of an infomercial with content created by a journalist appointed by BV XPO GROUP, the final layout will be submitted to the client for approval. After this written approval, BV XPO GROUP cannot be held liable by the client for errors in the advertising material that would be identified after approval.
Advertisements drawn up in a language other than that of the publication concerned can be translated by BV KORTRIJ XPO on its own initiative and at the expense of the client.
The client is solely responsible for the content and form of the advertising material. It guarantees to BV XPO GROUP that it is the rightful owner of the copyrights to the texts, slogans, photos, images, sound and graphic elements that appear in the advertising material, or that it has obtained the valid permission from the holders of these copyrights to make use of such.
The client is solely liable for damage caused by third parties due to copyright infringements regarding the advertising material. The client undertakes to unconditionally indemnify BV XPO GROUP against claims of third parties as a result of these infringements and to intervene without delay in any legal proceedings brought by a third party against BV XPO GROUP pursuant to copyright infringements. BV XPO GROUP reserves the right to recover from the client all damages, fines and legal costs to which it would be sentenced and all statements of fees related to the above procedures.
The advertising material to be used shall be delivered by the client to BV XPO GROUP by the pre-notified deadline. The client is solely responsible for the quality of the material. It must meet the particular requirements of the medium concerned and the technical data sheet available on request. The client waives any possible recourse in this regard. If the material is not ready for use, the costs will be invoiced to the client.
Notwithstanding Articles 8 and 9 of these terms and conditions, all invoices relating to advertisements and infomercials must be paid in full within 15 days of registration. An advertising order ordered cannot be refunded under any circumstances.
VIII. VISITORS
Article 28: Trade exhibitions
Trade exhibitions are only open to professionals.
Only visitors in possession of a valid invitation or a valid entrance ticket are admitted to the exhibition. Journalists, representatives or professional associations and other persons for whom a visit to the trade exhibition may have a professional interest, may be issued with a special entrance ticket. Exhibitors are subject to separate admission regulations.
The business atmosphere of the trade exhibitions must be respected by the exhibitor, otherwise the organizer will have the right to take all necessary measures without any recourse from the exhibitor.
Article 29: Right of refusal
The organizer may refuse certain visitors without having to provide any justification.
IX. LEGAL REQUIREMENTS, CONTROL, MONITORING, SURVEILLANCE
Article 30: General
Under penalty of termination of the agreement and of immediate exclusion as mentioned in article 12 of the present general terms and conditions, the exhibitors must comply with all regulatory and legal provisions to which they are subject, such as those relating to hygiene, safety, environment, privacy, fire risk, employment of personnel, recording of prices, exhibition trade practices, etc.
Article 31: Fiscal regulations
The organizer is not responsible for any violation of fiscal regulations and legislation by the exhibitor.
Article 32: Safety regulations
All exhibitors or their appointees must comply with the applicable legislation on occupational safety and environmental standards-Vlarem 1&2 during their activities in the exhibition building and on the premises.
The following regulations, if and when applicable on the exhibition, must be observed very strictly by exhibitors and their appointees and staff:
a) Areas situated in front of exits, passageways and wall-reel extinguishers supplied axially must always remain free and be ready for immediate use. Consequently, it is strictly forbidden to place stands, screens, decorations or other obstacles that could impede access to these areas.
b) All exits and passageways must be accessible as long as there is public presence in the exhibition halls. It is therefore strictly forbidden to obstruct one or more of these exits and passageways or to close or lock them in any way. Emergency exits may only be used in the event of an actual emergency situation.
c) Hydrants, fire-extinguishers and electrical control cabinets shall remain completely free and be easily accessible at all times.
d) Roof coverings in flammable materials or PVC are prohibited in the stand construction. When a roof covering is applied, the proof of fire resistance must be presented to the organizer.
e) All electrical installations must comply with the regulations of the General Regulations for Electrical Installations (AREI). The electrical installations must be carried out by qualified personnel. These persons must be insured by an insurance company for any faults they may make. All installations will undergo a conformity inspection and installations that violate the regulations of the AREI may not be put into service. In this case, the power supply will be refused without any form of compensation.
The costs of the aforementioned control are at the expense of the exhibitor. All appliances or devices used must comply with the applicable Belgian legislation.
f) Obligatory materials:
Only two types of materials may be used for the build-up of the stands or other constructions:
a. Manufactured from type A0 or A1 with standard NBN 21-203, or equivalent EN standards.
b. Consisting of natural, composite or agglomerated wood
with a minimum thickness of 15 mm.
A certificate, confirming the fire resistance of the material, shall be provided for all materials.
If the material has been made fireproof, the following elements must be stated on the certificate:
- the nature of the products used and the date of treatment
- the duration of efficacy of the treatment and any precautions to be taken to maintain this efficacy.
The organizer or the competent fire brigade can always demand this certificate for verification.
g) Use of paint
Oil paints, varnishes or other coatings presenting the same fire risks are only permitted for type A1 materials. Paint residues and used painting material must be removed by the exhibitor.
h) Free-hanging decorative materials
Curtains, velum, etc. can be used if the exhibitor takes the following points into account:
- the materials must be guaranteed fireproof (certificate required)
- the materials are positioned away from any heat source
i) Internal combustion engines
When displaying engines with internal combustion, the exhibitor must inform the organizer's technical service in order to obtain a dismantling of the burned gases.
The following points must be stated on the application:
- all technical data of the engine
- location and the envisaged modification
- nature of the materials
- power of the devices connected to the engine.
The organizer, in cooperation with the competent fire brigade, gives permission for the ignition of the engines. Necessary precautions may be imposed.
j) Gas appliances
Butane propane: All bottles must be placed outside the building. Before commissioning, an approved inspection report must be drawn up by an independent inspection body.
k) Balloons
Inflatable balloons containing flammable or toxic gas may neither be exhibited nor distributed.
l) A fire permit must be applied for in advance to the technical service for all appliances or work with an open fire.
m) Precautions to prevent legionella
Exhibiting with open, flowing, spraying water or misting water is not permitted unless the following requirements are met:
1. Anyone who wants to use water, in any way, must have a water connection through the distribution network. Water originating from fire hoses is not drinkable and may not be used.
2. Water beyond the risk category (colder than 20°C and warmer than 60°C) should in any case be changed daily, preferably more regularly. It is recommended to inform the public and inspection bodies, by means of thermometers, that this water is either too hot or too cold and can therefore pose a health risk.
3. The use of water ranging within the risk category (temperature between 20°C and 60°C), e.g. for whirlpools, is only allowed if the chlorine concentration values are between 0.4 and 0.6 mg/L and if the water is changed very regularly, at least twice a day. The use of further disinfection measures (e.g. ozone) is recommended.
4. Each participant has to carry out a temperature check 4 times a day and has to participate in all possible tests, samples and inspections organized by BV XPO GROUP and official bodies.
5. The exhibition organization or BV XPO GROUP will strictly supervise and punish violations immediately, which may lead to the removal of the exhibited material from the exhibition.
n) Smoking ban
By signing the agreement with BV XPO GROUP, the exhibitor confirms to be aware that as from 1 January 2006, the halls of BV XPO GROUP and their outbuildings fall within the scope of the " KB Rookbeleid " (smoking policy) dated 19/02/2005. Compliance with this policy is imposed on the exhibitor's staff, employees and appointees. Since the latter is responsible for passing on the information to his contractors, he will impose the compulsory compliance with the "KB Rookbeleid" on his contractors. Attention : electronic cigarettes are also prohibited.
Article 33: Control supervision
The organizer and the competent authorities shall have constant access to the exhibitor's stand in order to be sure that the above regulations, as well as all provisions of the agreement concluded between the parties, are respected. The organizer may request that any changes, they deem necessary, be made. Control, supervision and changes carried out by the organizer do not in any way exclude the exhibitor’s responsibility.
Article 34: Surveillance
If applicable, during the build-up and pull-out periods, as well as during the event, the organizer shall establish a normal surveillance service to prevent infringements and to emphasize compliance with the agreement concluded between the parties.
Exhibitors are required to comply with the instructions of these persons and, in the event of a dispute, to contact the organizer directly. Any inappropriate attitude towards the security staff will be sanctioned by dissolution of the agreement and immediate exclusion of the exhibitor as mentioned in article 11 of these general terms and conditions. The organizer may, if necessary, call upon public order officials. The security guards will not accept any assignment entrusted to them by the exhibitors. Under no circumstances can the organizer be held responsible for facts arising from such cases.
The exhibitor is responsible for the surveillance of the goods in his stand. However, he may not maintain any personnel there outside the opening hours of the event.
An exhibitor who feels aggrieved by other exhibitors or third parties can only approach them directly and can in no way hold the organizer liable.
Article 35: Processing of personal data
1. The processing of personal data by the organizer as data controller and its transfer to the client is governed by the privacy statement which can be found on the
website under https://www.kortrijkxpo.com/privacy-policy/
2. Insofar as BV XPO GROUP, in and for the purpose of this agreement, obtains data from its clients which are subject to the GDPR and acts on behalf of its clients as a processor of these data, the client warrants to BV XPO GROUP that the said data have been obtained lawfully and can be transferred and processed as such by BV XPO GROUP.
BV XPO GROUP shall use this data solely for the purpose of the proper execution of the agreement. BV XPO GROUP will store the data, suitably secured, only for the duration of the agreement and for a maximum of 5 years. Where BV XPO GROUP uses third parties to store and process data, it shall impose the same obligation on these third parties.
The client shall indemnify BV XPO GROUP against any third party claims, including fines, arising from breach of the GDPR and which are related to the data, the way in which they are collected and/or transferred to BV XPO GROUP.
X. LIABILITY AND INSURANCE OF THE EXHIBITOR
Article 36: Responsibility
The build-up, layout and dismantling of the stand will be at the exhibitor's expense, risk and responsibility. The organizer can in no way be held liable for any accidents or damage resulting from this.
If the exhibitor relies on a stand builder or other third party for the build-up, layout and dismantling, the exhibitor warrants that these third parties will comply with all provisions of the agreement between the organizer and the exhibitor. The exhibitor will remain jointly and severally liable together with the stand constructor or third party for all possible damage.
Personnel and employees of the exhibitor and persons carrying out work on behalf of the exhibitor, regardless of the nature of their contractual relationship, shall in no way be considered as employees of the organizer and may not be held liable, even if they have received instructions from the organizer.
The exhibitor bears full responsibility for his goods or products or those of third parties in his care and this from the moment that these goods are brought into the venue until the moment they leave.
The organizer can never be regarded as a depositary with regard to the goods of the exhibitor or his visitors and can therefore in no way be held liable for the possible loss of these goods or for damage to these goods and to any objects entrusted to him.
Article 37: Exoneration
The organizer can never be held liable for damages directly or indirectly related to one of the following cases: (cyber) theft (including but not limited to skimming, hacking...), vandalism, malicious intent, war, earthquake, tidal wave, subsidence or landslide, high water level, flood or any other natural disaster.
The organizer is not liable for damage resulting from the use, possession or manipulation of explosives, ammunition or war instruments.
The organizer is not liable for damage resulting from a defect in products or works due to a fault or a shortcoming in the design, manufacture, preparation, instructions or directions for use.
Article 38: Claim
In the event of any claim, the exhibitor must immediately inform the organizer and provide all correct, complete and useful information about the circumstances of the claim.
In the event of a claim, the exhibitor must, at his own expense and responsibility, -take all measures to prevent and limit the consequences of the claim.
Article 39: Insurance
Before taking part in the event, the exhibitor must be in possession of a “comprehensive risk" insurance that covers fire, theft (with the exception of simple disappearance), damage or destruction due to a marked accident for both the stay at the event and for back-and-forth transport.
In this policy a waiver of recourse against BV XPO GROUP and its subsidiaries is included. This obligation lapses if you have your own insurance. If you have not taken out insurance, BV XPO GROUP and its subsidiaries can never be held liable for any damage to your stand and its contents. The insurance may be included in the participation fee. In that case, this is stated in the digital registration.
By participating in the registration process, the exhibitors waive all recourse against the decorators, owners and tenants of the buildings for any damage caused to the exhibited material, stand construction, etc. regardless of the cause. Any claims for damages related to disappearances will only be accepted to the extent that they have been officially established with a police report.
Before taking part in the event, the exhibitor must be in possession of a civil liability insurance policy which also provides cover at events outside the exhibitor's place of business.
The exhibitor is obliged to insure himself for work related accidents of his own personnel.
XI. FORCE MAJEURE
Article 40: Force majeure on the part of the organizer
If, due to a case of force majeure, the normal course of the organization or the other services would be disrupted made impossible, the organizer reserves the right to proceed with the prolongation, early closure, postponement or cancellation of the event, or the expansion of the digital part of the organization, without the clients being able to claim any compensation.
If the organiser of an event decides to cancel and if this cancellation is made by the organizer at least six months before the start of the event, the amounts already invoiced will be credited and any amounts paid will be refunded to the exhibitor.
In the event of a later cancellation, an amount pro rata to the costs already incurred by the organizer will be deducted. However, invoices relating to services already provided will have to be paid in full.
If, due to circumstances caused by force majeure, the requested service cannot be made available to a client or cannot be made available on time, no compensation will be awarded to the latter.
Unforeseen circumstances relating to persons and/or material, including the exhibition space, which the BV XPO GROUP uses or is in the habit of using for the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so onerous and/or disproportionately expensive that the fulfilment of the agreement cannot reasonably be required of the BV XPO GROUP, shall be regarded as force majeure on the part of the organizer. Without the ordinary condition of "unforeseeability" having to be met, are, therefore, considered as force majeure, without this list being exhaustive: fire, explosion, water or frost damage, floods, strikes, riots, accidents or illness of personnel, pandemics, epidemics, obligatory or recommended quarantine measures or other measures imposed or recommended by the authorities, business interruptions, material and/or energy shortages, delay or failure of delivery by suppliers, transport disruptions, import and export restrictions, restrictions or any prohibition imposed by public authorities.
Article 41: Force majeure on the part of the client
In case, due to force majeure, the client is unable or has difficulty participating in an organization or other service to which he has subscribed, the agreements stipulated in article 13 a) of these terms and conditions will apply to the exhibitor and he will still owe the amounts stipulated in this article.
In any event, all clients of BV XPO GROUP are not entitled to a refund of the amounts paid by them in the event of force majeure on their part.
Article 42: Electricity, utilities and other services
Under no circumstances may the organizer be held liable for the total or partial failure of electrical lighting or any other utility or service which would make the planned activity impossible or prevent it from being carried out.
This regulation also applies in the event of fire, theft, loss or damage of any kind, as well as in the event of natural disasters such as floods.
If, due to circumstances caused by force majeure, the requested service cannot be made available to the client or cannot be made available on time, no compensation will be awarded to the exhibitor.
Article 43: Contingencies
The client declares he will abide by the organizer’s decisions in all cases not covered by these general conditions.
Article 44: Unforeseen costs
The client shall bear all costs that the organizer incurs in his favour and which are not included in the fees as described in article 7 of these general terms and conditions.
XII. COMPLIANCE WITH THE AGREEMENT
Article 45: Deviations
The contractual relations between the parties are governed by the present general terms and conditions, unless expressly stated in the additional terms and conditions stipulated in the digital registration, the confirmation e-mail or separate agreement, which, insofar as applicable, form an integral part of the agreement concluded between the service provider and the client.
The client acknowledges to have taken note of this and to have expressly renounced his own general terms and conditions.
Any deviation from these general terms and conditions must be confirmed in writing in advance by the organizer and will be valid only once.
The client is obliged to present this written derogation whenever he is requested to do so by the organizer’s staff verifying compliance with the general terms and conditions and the agreement concluded between the parties..
In the event of a provision of these general terms and conditions being ineffective, a regulation shall take the place thereof which comes as close as possible to the intention of the ineffective provision. The other provisions shall remain in full force and effect.
The intervention of the organizer to enforce the present general terms and conditions of the agreement will take place through the mediation of his appointees.
XIII. FINAL PROVISIONS
Article 46: Choice of residence
For the application of these general terms and conditions and for the duration of the provided service, including the build-up and dismantling process of the event, the client shall choose his place of residence at the premises of BV XPO GROUP in Kortrijk, Doorniksesteenweg 216.
Article 47: Applicable law - Jurisdiction
These General Terms and Conditions as well as the agreement concluded between the parties are subject to Belgian law. Bills of exchange or accepted instruments do not imply renunciation or novation, whatever the conditions of the other contracting party, our conditions will always prevail.
In the event of a dispute arising from the interpretation of these general terms and conditions or from the execution of the agreement concluded between the organizer and the client, only the Commercial court and Justice of the Peace court of the district of Ghent, department Kortrijk have jurisdiction.