These General Terms and Conditions apply to participation in exhibitions, exhibitions organized by Bold Optical Fair
and other events.
ARTICLE 1 – DEFINITIONS
The terms used in these General Terms and Conditions have the following meaning, unless other written agreements have been made about them.
1.2 General Terms and Conditions: these General Terms and Conditions organized by Bold Optical Fair for trade fairs, exhibitions and other events.
1.3 Bold Optical Fair BV, Lijnderdijk 199,
1175 KE Lijnden, registered with the Trade Register in Amsterdam under number 84613017.
1.4 Participant: any natural or legal person who has registered with the Event by means of an Application Form as Participant and with whom the Organizers have concluded a Participation Agreement.
1.6 Participation costs: the costs that the Participant must reimburse to the Organizers for the Stand Hire, promotion (banner, website, advertising), food and drinks for two persons (2 days).
1.7 Participation Agreement: agreement between the Participant and the Organizers on the basis of which the Participant is entitled to take part as such in the Event.
1.8 Participation conditions: the entirety of the Specific Terms and Conditions, the General Terms and Conditions.
1.9 Tenderer: any natural or legal person who has registered as a participant by registration form, this registration will then be assessed by the Organizers.
1.10 Registration fee: the amount that the Tenderer owed to the Organizers for his registration for the Event.
1.11 Organizers: Bold Optical Fair BV or a legal entity assigned by the organization.
1.12 Stand construction: the structure and layout of the stand.
1.13 Stand rental: the rent for the Participant is determined by the Organizers. The rent amount due is calculated per rented location.
ARTICLE 2 – REGISTRATION
2.1 The person who wishes to participate in the Event must register for it. Registration for participation in the Event must take place via the Registration Form. This Registration Form must be filled in completely online or written no later than a date stated in the Specific Terms and Conditions. With this the participant who registers automatically agrees with these general conditions.
2.2 Conditional enrollments are not possible, unless after explicit and written permission from the Organizers.
2.3 The Tenderer guarantees the Organizers the correctness of the information provided on the Application Form and the authority of the (representative of the) Participant to sign it. Any incorrect data or unauthorized signatures are for the account and risk of the Tenderer.
2.4 The Organizers shall record the information they have obtained from the Tenderers in an administration kept for that purpose. By registering, the Tenderer gives permission for the use and storage of the data provided by him.
2.5 The Participation Agreement is only concluded by acceptance of the registration by the Organizers, after which the Tenderer becomes a Participant. The acceptance, being the Participation Agreement, sent by e-mail to the Participant to the address given by him on the Application Form.
2.6 When determining the stand space, the Organizers will take into account the preference of the Participant as much as possible. The Organizers are not obliged to inform the Participant of the stand space prior to the event.
2.7 Registrations that can not be accepted immediately due to lack of space can be put on a waiting list. These decisions will be decided before the opening of the Event. In the same way, the decision will be taken with regard to the allocation of places released afterwards by cancellation.
2.8 The Organizers reserve the right to refuse registration on grounds of oversight, special reasons such as the fear of disruption of the order, bankruptcy or suspension of payments of the Tenderer, or in cases without giving reasons.
2.9 Upon rejection of the registration by the Organizers, any (advance) payments will be refunded.
2.10 If the Tenderer and / or Participant has complaints about the services provided by the Organizers, he must immediately inform the Organizers of this in writing, so that they can correct the complaint if necessary and if possible.
ARTICLE 3 – CANCELLATION
3.1 A submitted registration can not be withdrawn or changed unilaterally by the participant, irrespective of whether it has already been accepted by the Organizers and irrespective of whether it concerns the withdrawal of participation or modification of the registration. If a participant wishes to cancel or change a registration, a written, registered letter, request must be made to the Organizers. The Organizers may grant a request to cancel or change the registration on the condition that the participant will in any event pay the following cancellation fee, which is based on a fixed percentage of the Participation Costs:
– in case of cancellation up to 225 to 185 days before the first day of the construction of the Event: we will charge 15% of the invoice (including the extra options such as advertising, hotel reservations or extra banners);
– upon cancellation from 186 to 124 days before the first day of the construction of the Event: 50% of the invoice (including the extra options sush as advertisement, hotel reservations or extra banners);
– in case of cancellation from 125 to 62 days before the first day of the construction of the Event: 75% of the invoice (including the extra options such as advertising, hotel reservations or extra banners);
– in case of cancellation from 61 days to the first day of the construction of the Event: 100% of the invoice (including the extra options such as advertising, hotel reservations or extra banners);
as in the opinion of the Organizers, must be paid as compensation for the costs incurred and to be incurred as a result of the cancellation or change.
3.2 If the Participant can not participate in the Event due to special circumstances that are outside his / her sphere of risk, which is at the discretion of the Organizers, the Organizers can dissolve the Participation Agreement at the request of the Participant. In that case, the Organizers are entitled to invoice or withhold 25% of the Participation Costs (including the extra options sust as advertisement, hotel reservations or extra banners). The Participant also owes compensation for all costs incurred by the Organizers in connection with his registration.
3.3 The VAT due will be charged on the reimbursements mentioned under articles 3.1 and 3.2. The participants also owes the Registration Fee at all times.
ARTICLE 4 – RESERVATION CHANGES
4.1 The Organizers reserve the right at any time for special circumstances, as well as if the organization of the Event so requires, the dates and times of the Event stated in the Conditions of Participation, the stand space, stand type and / or for the Participant place or in very exceptional circumstances to change the concept of the Event, or to cancel the Event. In these cases, the Participant can not claim compensation for any costs incurred and / or damage suffered. The Organizers will inform the Participant in question of the measures and will as far as possible in consultation with the Participant take any measures.
4.2 Changes to dates, times, stand space, stand type and /or location as referred to in Article 4.1 do not give the Participant the right to cancel his registration in whole or in part. Article 3 applies in full.
4.3 If the Event does not take place, the registration, the Participation Agreement and any determination of the stand space will be deemed to have expired and the payments made by the Participant to the Organizers will be refunded with the exception of the Registration Fee and after deduction of the for the Organizers incurred costs related to the Event. These costs are wholly or partially divided among the Participants in proportion to the stand space for which registration was made, or which was determined. This refund will take place within 60 (sixty) days after the Organizers have taken the decision not to proceed with the Event.
ARTICLE 5 – EXHIBITION PROGRAM AND PARTICIPANTS
5.1 At the Event the goods and services described in the Specific Terms and Conditions will be exhibited. The Organizers have the right, without being obliged to pay any damages and without giving any reason, the right to refuse goods or services or to immediately remove them from the Event, even if it concerns goods and services as mentioned on the Application Form and / or in the specific conditions. The associated costs will be borne by the Participant.
5.2 The Organizers are entitled to take photo and / or film recordings of the Event and the people present there for marketing purposes of the Organizers. Stakeholders must tolerate the disclosure of the recordings.
ARTICLE 6 – PAYMENT OBLIGATIONS
6.1 The Participant owes the Registration Fee stated in the Specific Terms and Conditions, the Participation Costs and any other contributions specified in the Specific Terms and Conditions. Payment must take place no later than the due date of the relevant invoice (s). All amounts due are increased by VAT.
6.2 The Participation Costs are invoiced in 1 installment prior to the Event.
6.3 If a Participant has not fully paid the amounts owed by him within the stipulated deadlines, article 14 shall apply in full. In that case, the Participant can not claim a refund of amounts already paid.
6.4 If the Participant is of the opinion that he does not owe an invoice (in full), he must notify the Organizers in writing and substantiated within 30 days of the invoice date, failing which his possible right to reduce the invoice amount will lapse.
6.5 Bold Optical Fair reserves the right to collect the due revenue from promised advertisements even if the advertisement is not placed for any reason whatsoever. The delivery of the advertisement after the clearly stated deadline is one of the reasons that is of importance not to place the advertisement in Bold magazine. Because the revenues of the promised ad are of the importance of covering the printing costs and shipping costs, no refund is granted or paid if the advertisement is not placed.
ARTICLE 7 – CONSTRUCTION
7.1 The Participant must accrue and set up the stand on the stand space assigned to him in accordance with the Conditions of Participation and any other instructions from the Organizers. 7.2 The Participant must submit a design of the stand (in the form of a clear drawing to scale, or on the basis of a scale model, accompanied by a drawing to scale in the singular form) for approval at the time specified in the Specific Terms and Conditions. Organizers to submit. The Organizers have the right to withhold this approval. In that case, the Participant must adjust the design of the stand within a period of time specified by the Organizers, so that approval can still be granted.
7.3 The Organizers can dissolve the Participation Agreement without further summons or notice of default if a Participant:
– did not have the stand space determined for him in time, or
– it is already established at an earlier date that the Participant will not have the space determined for him in time.
The Organizers are then not obliged to refund payments already received, while the obligation does not lapse for the Participant to pay the outstanding amounts.
ARTICLE 8 – CLEARANCE AND DEGRADATION
8.1 When evacuating, breaking down and cleaning his / her stand in the Exhibition Building, the Participant must strictly follow the relevant regulations in the Participation Conditions.
8.2 The Participant is obliged to keep the stand space rented by him after the termination of
return the Event to its original state. Any damage to the stand space and / or the Exhibition Building will be at the expense of the Participant.
8.3 The goods of the Participant who are still in the Exhibition Building after the period (s) referred to in Article 10.1 can be stored or destroyed at the expense and risk of the Participant concerned.
8.4 The Participant is obliged to sort and / or dispose of his waste via the provisions stated in the Accommodation Regulations, including the rental of containers (if applicable) prescribed for this purpose. If the Participant fails to comply with its obligations in this respect, the Organizers are entitled at the expense of the Participant to have the waste disposal disposed of in accordance with the regulations.
8.5 The Participant is not allowed to complete closing time of the exhibition unless indicated by the organization. The organization reserves the right to charge the Participants a fine (of at least 25% of the stand rent) if this is the case.
ARTICLE 9 – USE OF SPACE AND EXHIBITION BUILDING
9.1 The Participant shall only have access to the Exhibition Building for the construction, installation, use and dismantling of the stand during (a) periods (period) specified in the Specific Terms and Conditions, unless otherwise explicitly and in writing between the Participant and the Organizers. appointments have been made.
9.2 The Participant is obliged to strictly follow the instructions of or on behalf of the Organizers, the Municipality, the Fire Brigade and other authorities with regard to the use of the stand space and the Exhibition Building.
9.3 The aisles must be kept completely free during the construction and dismantling of the stand as well as during the Event. The Organizers are authorized to release and maintain the aisles at the expense of the Participant.
9.4 Unless expressly agreed otherwise in writing with the Organizers, the Participant is not permitted, among other things, to:
a. by letting all or part of the stand space occupied by him to third parties, or by exchanging it with another Participant;
b. to keep the stand occupied by him closed or unoccupied during the time that the Event is accessible for the visit; nor to cover and / or remove the exhibited goods or any part thereof;
c. to engage in activities, whereby, in the opinion of the Organizers, damage is caused or detracted from the Event as such, to one or more Participants, visitors or groups thereof, or to third parties;
d. to develop activities that cause damage to the Organizers, Participants and / or visitors in the form of noise nuisance, obstruction of light or view, or nuisance in any other form;
e. to engage in activities that distort or threaten to distort fair competition; f. to project images, to amplify the spoken word by means of loudspeakers, to play (live) music and / or to produce sound by which (measured at the edge of the stand) the limit of 60 decibels is reached, unless explicitly written in advance. permission from the Organizers;
g. make changes in or to the Exhibition Building and, among other things, stick, paint, chop, break, drill, nail or otherwise damage floors, walls, ceilings, columns and the like;
h. goods and services not specifically mentioned on the Application Form or which have been refused or removed on the instructions of the Organizers, to offer or advertise;
i. to sell goods or services during the Event for (near) simultaneous delivery of the sold good or service;
j. to exchange or to exchange parts and accessories of exhibited goods in the Exhibition Building;
k. to place, to deliver or to distribute goods and / or advertising materials of any kind outside the stand space occupied by him;
l. to use the walls of the adjacent stands;
m. exhibit at or near the stand during the Event with or otherwise use open, flowing, spraying and / or spraying liquids, subject to the prior approval of the Organizers. This approval must be requested in accordance with the Conditions of Participation;
n. have flammable or explosive substances, gases and dangerous goods (including chemical pesticides and insecticides), odorous substances, and radioactive sources in the Exhibition Building and / or burn open fires;
o. to bring drinks and / or food into the Exhibition Building; keep in stock; to sell and / or to provide free of charge, unless they are involved in Taets Art & Event Park and in compliance with the Code of Conduct for Alcohol Supply;
p. to hold lotteries, to write out competitions and to carry out so-called ‘stand work’. In the case of lotteries and competitions, the Participant must in any case take care of the required permits and consents and must comply with the applicable statutory and other regulations;
q. conduct survey surveys among visitors and Participants in the Event, other than within their own stand space.
9.5 The final and decisive assessment of the use of the stand space and / or the Exhibition Building by the Participant lies with the Organizers.
9.6 It is not permitted to smoke or use of electronic cigarettes inside the Exhibition Building. Any fines for violations of the Tobacco Act within the stand space and the Exhibition Building will be borne by the Participant.
ARTICLE 10 – INTELLECTUAL PROPERTY RIGHTS
10.1 The Participant is not permitted to show, offer and / or sell any good in the Exhibition Building that infringes the intellectual property rights of a third party. Under ‘intellectual property rights’ is understood any (application for) patent, trademark, design right, copyright, know-how or domain name.
10.2 At the request of the Organizers, the Participant must demonstrate within two days of the request that he does not act in conflict with other people’s intellectual property rights. If the Participant can not prove this, the Organizers are authorized to remove the relevant goods at the expense and risk of the Participant and to take other necessary measures, without prejudice to the provisions of Article 14.
10.3 The Organizers are entitled to the intellectual property rights related to the Event. The Organizers may authorize Participants and other third parties to use these intellectual property rights in a manner prescribed by them.
ARTICLE 11 – CATALOG
By or on behalf of the Organizers, a catalog can be issued and / or an internet site can be set up, composed of the statements made by the Participants. The Participant is obliged to provide these statements before a date made known by the Organizers, failing which the statements will not be included in the catalog and / or internet site. Failure to provide the items on time or complete delivery will be at the expense and risk of the Participant. The Organizers and the editors appointed by them are not liable for errors, shortcomings or omissions in the catalog and / or internet site, unless there is gross negligence or intent of these parties.
ARTICLE 12 – RISK AND LIABILITY
12.1 Goods, including the packaging, are in the Exhibition Building at the expense and risk of the Participant. The Organizers do not burden themselves with insuring the goods.
12.2 The Participant is responsible for obtaining the required permits and permissions for its participation in the exhibition and its event-related activities, as well as for compliance with the applicable laws and regulations in relation to its activities.
12.3 The Organizers are not liable for any damage, directly or indirectly suffered by the Participant, by his staff, by persons who are working on behalf of the Participant, by holders of participant cards issued to him and / or continuous admission tickets, or by his visitors unless there is intent or gross negligence on the part of the Organizers.
12.4 The Participant is liable for and has to take out adequate insurance against any damage of whatever nature caused by the actions or negligence of himself, his personnel, persons who work in any way for him or his assignment, and / or of holders of participant cards issued to him and / or continuous admission tickets, as well as for damage caused by his goods in any way whatsoever.
12.5 The Participant indemnifies the Organizers against all claims that others might incur against the Organizers in connection with his actions or omissions.
12.6 The Organizers shall refrain from any interference with regard to disputes to which they are not parties, including but not limited to disputes among Participants or disputes between Participants and visitors.
12.7 Each liability of the Organizers is limited to the amount that is paid out under the relevant liability insurance of the Organizers, on the understanding that in case of lack of cover the liability of Taets Art & Event Park is limited to the liability of the Participant on the grounds of his registration of Participation costs.
ARTICLE 13 – NON-FULFILLMENT
13.1- the complete or partial dissolution of the Participation Agreement without prior notice of default being required; and / or
– to withdraw the (continuous) admission tickets issued to him and to deny the person (s) concerned access to the Event and / or the Exhibition Building with immediate effect; and / or
– not to (further) build up his stand, to close it or to wholly or partially clear (or have it evacuated) and to dispose of the vacated or unoccupied space; and / or
– to keep the goods of the Participant, as well as everything that the Participant has constructed or arranged, to keep, to store and if necessary to destroy; and / or
– to exclude the Participant concerned from participation in exhibitions to be organized further; and / or
– in the event of untimely or incomplete payment by the Participant, the statutory commercial interest and extrajudicial collection costs of 15% of the principal sum will be charged on the money claim (s).
13.2 This does not affect the Organizers’ right to claim full compensation for any damage suffered and / or to be suffered.
ARTICLE 14 – APPLICABILITY GENERAL TERMS AND CONDITIONS
14.1 If and insofar as any provision of the General Terms and Conditions is null and void or is nullified, the other provisions of these General Terms and Conditions will remain in full force. Bold Optical Fair will then adopt a new provision to replace the void / voided provision, whereby the purport of the void / voided provision will be taken into account as far as possible.
14.2 The applicability of any general or specific conditions of the Participant is explicitly rejected, notwithstanding any earlier or later reference or declaration of applicability of the Participant’s general terms and conditions, for example on invoices.
14.3 In addition to the General Terms and Conditions, the Specific Terms and Conditions and the Accommodation Rules apply. If and insofar as the Specific Terms and Conditions conflict with the General Terms and Conditions, the Specific Terms and Conditions will prevail, unless explicitly stated otherwise in writing.
14.4 The General Conditions may only be deviated from by a written document signed by the Organizers.
14.5 Bold Optical Fair reserves the right to change the Participation Conditions, including expressly the General Terms and Conditions, in the interim. The General Terms and Conditions that have come into force replace all previous General Terms and Conditions, unless explicitly stated otherwise by Bold Optical Fair.
14.6 The Participant declares itself in advance to agree to an interim amendment of the Conditions of Participation, regardless of whether the amended Conditions of Participation have been handed to him in accordance with the legal provisions or made available electronically. If the Participant does not wish to be bound by the amended Participation Conditions, he must make this known within five (5) working days after the moment that he becomes aware of this.
(3) months after entry into force of the amended Participation Conditions. An appeal to this provision is considered a resolutive condition for the then existing Agreement (s), unless Bold Optical Fair expressly declares otherwise in writing. Any liability of Bold Optical Fair for the damage suffered by the Participant is excluded.
ARTICLE 15 – DISPUTES
15.1 On the Participation Conditions and all legal relationships that may arise between the Organizers on the one hand and the Participant and / or Tenderer on the other, both Dutch and European law apply.
15.2 In the event of disputes arising from the Conditions of Participation or legal relationships arising therefrom, the parties will first consult with each other in order to terminate this dispute amicably. If the parties do not succeed, a dispute as referred to above will be exclusively settled by the competent court in Amsterdam.
15.3 For all notices and the like that the Organizers may wish to make in connection with (the implementation of) the Participation Conditions, the Participants will continuously elect domicile at the office of Bold Optical Fair BV, at Lijnderdijk 199, 1175 KE, Lijnden, the Netherlands.
ARTICLE 16 – HOTEL RESERVATIONS
16.1 Canceling the reservation of the hotel overnight from 5 days prior to the event is not possible. The costs for the hotel stay will be charged 100%.
16.2 Cancellation of the taxi within 48 hours before the agreed pick up time is not possible. The costs for the taxi will be charged 100%.
ARTICLE 17 – REFUNDS
17.1 In all cases in which the Conditions of Participation do not provide or are deemed unclear, the Organizers decide.
17.2 The Dutch text of the Participation Conditions is decisive.
17.3 The General Terms and Conditions for participation in fairs, exhibitions and other events organized by (or in collaboration with) Bold Optical Fair have been filed with the Amsterdam Chamber of Commerce.
ARTICLE 18 – FORCE MAJEURE CLAUSE
Force majeure relates to a situation in which fulfilment of a contractual obligation becomes impossible as a result of an event beyond the control of (one of) the parties. A successful appeal to force majeure can result in a party being (temporarily) relieved of its contractual obligations and no right to compensation arises. The coronavirus may affect the fulfilment of the agreement. If this is the case, it is possible to enter into discussions with the organisation to see what the best way is to limit the financial consequences. It is possible that the organisation will charge the costs incurred and will not be able to refund the full participation fee and/or pass it on to a next edition. The closer we get to the trade show date, the more you will be charged. The organization will try there best to minimize the costs.
© July 2022