CONDITIONS FOR PARTICIPATION
IN EVENTS OF NOBILES MEDIA EXPLOITATIE B.V.
PART I GENERAL
Article 1 Definitions
Unless expressly indicated otherwise, the terms listed below shall have the following meaning in these general conditions:
1. Nobiles Media: the private limited company under Dutch law Nobiles Media Exploitatie B.V., having its registered office in Amsterdam and listed in the Commercial Register under number 33220424;
2. Commencement Date: the date on which the assembly of the Event starts;
3. Accommodation: the location where the Event takes place;
4. Accommodation Lessor: the natural person or legal entity that has leased the Accommodation to Nobiles Media for the Event;
5. Articles: the goods that are shown by the Participant during the Event and/or the services that are provided by the Participant in respect of which he participates in the Event;
6. Binding Participation Form: the form by which the Participant commits to participate in an Event;
7. Participation Costs: all the costs owed by the Participant vis-à-vis Nobiles Media in connection with participation in the Event, which consist of the costs for the Stand Space and the costs owed in connection with any other products and/or
services purchased from Nobiles Media;
8. Participation Agreement: the contract between Nobiles Media and the Participant in respect of the participation in an Event, including these Conditions for Participation;
9. Conditions for Participation: these general conditions;
10. Participant: the natural person or legal entity that concludes a Participation Agreement with Nobiles Media;
11. Event: a trade fair or other event organised or co-organised by Nobiles Media that is open for attendance by consumers and/or representatives from the business sector;
12. Registration: a Quotation or Binding Participation Form signed and returned to Nobiles Media by the Participant.
13. Quotation: a proposal prepared by Nobiles Media for a Participant to participate in an Event;
14. Stand Space: the space made available to the Participant during an Event, expressed in square metres.
Article 2 Applicability
1. Unless other conditions are expressly declared to be applicable by Nobiles Media, these Conditions for Participation shall apply to and form an integral part of all offers, Quotations, Registrations and Participation Agreements.
2. Derogations from the Conditions for Participation shall only be valid if approved in writing by Nobiles Media.
3. The applicability of any general conditions of the Participant is expressly excluded.
4. Any nullity or invalidity of one or more provisions of the Participation Agreement shall not affect the validity and the applicability of the remaining provisions.
5. Without prejudice to the provisions in Article 8(3), these Conditions for Participation shall only apply to the relationship between Nobiles Media and the Participant. Third parties may not derive any rights therefrom.
6. This is an English translation of the original conditions in the Dutch language. In case of contradiction or between the English and the Dutch version or any unclarity in the English version, the text and meaning of the Dutch version shall prevail.
Article 3 Substance and formation of a Participation Agreement
1. Under the Participation Agreement Nobiles Media shall make Stand Space available to the Participant for the duration of the Event and the Participant shall, on payment of the Participation Costs, use this Stand Space during the Event, all this subject to the conditions as set out in the documents that jointly form the Participation Agreement.
2. The act of dispatching an offer, Quotation, Binding Participation Form and/or other documentation by Nobiles Media shall not oblige Nobiles Media to accept a Registration or to enter into a Participation Agreement.
3. If a deadline is set prior to the return of a Quotation, Binding Participation Form or other document, the date on which Nobiles Media receives the relevant document shall serve to determine whether the document was returned in a timely
4. The Registration by the Participant shall be unconditional. A Registration obliges the Participant to participate in the Event. The Participant is wholly responsible and liable for fulfilling all obligations that ensue from this Registration, also if the
Quotation or the Binding Participation Form has been signed by a person who was not authorised thereto.
5. The Participation Agreement is concluded when a Registration is accepted by Nobiles Media, or a confirmation of participation or an invoice is dispatched or otherwise. Unless within one month after receipt of a Registration Nobiles
Media has indicated in writing that it does not accept that Registration, the Registration shall be considered to have been accepted. If a Registration is not accepted, the Participant shall have no right to claim any compensation for costs that have been incurred or damage and/or loss suffered.
6. Nobiles Media reserves the right to refuse Registrations without giving reasons therefor.
7. Without the prior express consent of Nobiles Media, the Participant shall not be entitled to transfer to a third party his Registration, the rights and obligations ensuing therefrom or the rights and obligations ensuing from the Participation
8. Wishes, amendments or supplements added to the Quotation or the Binding Participation Form or reported otherwise by the Participant himself shall be binding for Nobiles Media only if such wishes, amendments or supplements have been
confirmed to the Participant by Nobiles Media in writing.
9. Nobiles Media is entitled upon or after entering into the Participation Agreement to demand security from the Participant to ensure that both payment and all other obligations ensuing from the Participation Agreement are fulfilled.
10. All information relating to the Participant that Nobiles Media acquires within the framework of his participation in an Event shall remain the property of Nobiles Media and may be used by Nobiles Media without limitation. To the extent this relates to personal details within the meaning of the Personal Data Protection Act (Wet Bescherming Persoonsgegevens or “WBP”), Nobiles Media shall ensure that this use is in compliance with the Personal Data Protection Act.
Article 4 Supplemental products and services, publicity
1. Nobiles Media can, whether or not for payment, offer supplemental products and/or services within the context of an Event, such as stand construction packages, listing in a catalogue, advertising options and the opportunity to participate in activities, such as seminars. Unless expressly stipulated otherwise, these Conditions for Participation shall apply mutatis mutandis to such supplemental products and services.
2. Nobiles Media shall determine the manner in which publications relating to the Participant are edited within the context of the Event and reserve the right to abbreviate the details of the Participant or otherwise amend them if necessary.
3. In publications regarding his participation in an Event, the Participant may only mention products and/or services that are actually offered by him and which, in the opinion of Nobiles Media, fall within the scope of the topic of the relevant Event.
Article 5 Invoicing, payment
1. Nobiles Media has the right to invoice after receipt of a Registration. Nobiles Media may invoice in instalments.
2. The Participant is liable vis-à-vis Nobiles Media for payment of the full Participation Costs, also if these costs are incurred on the instruction of third parties acting in the name of the Participant.
3. The Participant that has provided a deviating invoice address, for instance from an advertising or media agency, shall remain jointly and severally liable for the payment of the full Participation Costs.
4. Unless expressly indicated otherwise, the Participation Costs owed Nobiles Media by the Participant must be paid within 14 days of the invoice date. If the Participation Costs have not been paid prior to the Commencement Date, Nobiles Media shall be entitled to refuse the Participant access to the Event.
Nobiles Media shall in that case have the right to terminate the Participation Agreement with immediate effect, while the Participant shall continue to owe the Participation Costs in full, without prejudice to the right of Nobiles Media to demand
compensation for any damage and/or loss suffered that might ensue therefrom.
5. In the event of an increase exceeding 10% of one or more of the cost factors between the conclusion and the execution of the Participation Agreement, Nobiles Media shall be entitled to increase the Participation Costs accordingly.
6. If any amount due has not been paid within the set period of time, the Participant shall automatically be in default and he shall owe from the date of default an interest rate of one percent per month (or a part thereof) on the still outstanding amount up to the moment the entire amount is paid.
7. If the Participant fails to fulfil his obligations in a timely manner or otherwise, all judicial, extrajudicial or other costs associated with the collection of the payable amount shall be borne by the Participant, whereby these costs shall be set at
a minimum of 15% of the payable principal, plus interest, with a minimum of € 350.
8. If the originally payable amount is received by Nobiles Media after the point in time at which Nobiles Media incurs judicial, extrajudicial or other collection costs, the amount received shall first be deducted from these collection costs, then from the payable interest and finally from the original invoice amount.
Article 6 Amendment, cancellation and (premature) termination
1. A Registration may not unilaterally be amended or withdrawn by the Participant. In the event a Registration is cancelled or the Participation Agreement is terminated by the Participant, the Participant shall owe the Participation Costs in full.
2. In an event as referred to in Article 12(2), the Participant shall be entitled to prematurely terminate the Participation Agreement at no cost. Premature termination shall take place by letter sent by registered post within 14 days of the date of the written proposal of Nobiles Media, in relation to alternative Stand Space.
3. Requests for cancellation must be submitted by letter sent by registered post.
4. In the event the Participant:
a) is declared insolvent or bankrupt, is granted statutory debt adjustment under the Debt Management (Natural Persons) Act (Wet Schuldsanering Natuurlijke Personen), submits a request for a moratorium, or his property is attached in whole or in part;
b) liquidates his business or discontinues his activities;
c) dies or is placed under guardianship;
d) after he has been given notice of default whereby he was granted a reasonable period of time for recovery, fails to fulfil any obligation ensuing from the Participation Agreement or ensuing from any legal obligation;
Nobiles Media shall have the right to prematurely terminate the Participation Agreement and the Participant shall continue to owe the Participation Costs in full without prejudice to the right of Nobiles Media to demand compensation for any
damage and/or loss suffered that might ensue therefrom. If Nobiles Media has well-founded reasons to fear that participation in an Event by a Participant could result in damage and/or loss in any manner whatsoever to Nobiles Media,
the Event, other Participants or otherwise, Nobiles Media shall be entitled to prematurely terminate the Participation Agreement by letter sent by registered post.
The Participant shall in that case continue to owe the Participation Costs in full without prejudice to the right of Nobiles Media to demand compensation for costs incurred and/or damage and/or loss suffered as a result thereof.
5. Cancellation or premature termination by Nobiles Media by virtue of this Article shall not give the Participant any claim to compensation for costs incurred or damage and/or loss suffered.
Article 7 Rights
1. All rights to the Event, including trademark rights and database rights, accrue to Nobiles Media.
2. Nobiles Media may, possibly subject to conditions, grant consent to the Participant to use the brand name and/or the logo of the Event for promotional purposes conducive to the Event.
Article 8 Failure, liability
1. If the Participant fails to comply in whole or in part or in a timely manner with any stipulation under these Participation Conditions or another obligation vis-à-vis Nobiles Media, Nobiles Media shall be entitled to take all measures at the
expense of the Participant that it deems necessary, including, but not limited to:
a) refusing access to the Event and/or participation in following Events;
b) closing the Stand Space of the Participant;
c) removing goods of the Participant, storing and/or destroying them;
all this without prejudice to the obligation of the Participant to pay the Participation Costs and the right of Nobiles Media to demand compensation any damage and/or loss suffered that might ensue therefrom.
2. The Participant is liable vis-à-vis Nobiles Media for all damage and/or loss that Nobiles Media suffers as a result of an attributable failure on the part of the Participant in fulfilling his obligations vis-à-vis Nobiles Media. The Participant
indemnifies Nobiles Media against all applicable claims of third parties, including the Accommodation Lessor.
3. The Participant is jointly and severally liable vis-à-vis Nobiles Media for all damage and/or loss that Nobiles Media suffers caused by third parties, such as stand builders and suppliers, whose services have been engaged by the Participant. The Participant indemnifies Nobiles Media against all applicable claims of third parties, including the Accommodation Lessor.
4. The Participant is obliged to take out insurance to sufficiently cover his participation.
5. Nobiles Media shall only be liable vis-à-vis the Participant for any damage and/or loss if its intent or gross negligence can be proved. Liability for indirect or consequential loss by the Participant, including but not limited to any loss or loss of
profits, is expressly excluded.
Article 9 Amendments
1. Nobiles Media may at all times amend these Participation Conditions.
2. If the Participation Conditions are amended during the term of a Participation Agreement, Nobiles Media shall inform the
Participant thereof in writing. The amended Participation Conditions shall then apply immediately to the Participation Agreement.
3. In the cases for which these Participation Conditions do not provide, Nobiles Media shall decide.
Article 10 Applicable law and disputes
1. The Participation Agreement is governed by Dutch law.
2. Any disputes ensuing from the Participation Agreement shall be resolved by the competent court in Amsterdam.
PART II THE EVENT
Article 11 Dates, times and Accommodation
1. Nobiles Media determines the dates when and the Accommodation where the Event shall be held, as well as the times for the assembly and take down of stands, and the opening times of the Event.
2. If in the opinion of Nobiles Media compelling circumstances give cause thereto, Nobiles Media shall be entitled to change the previously communicated dates, times and/or Accommodation or decide to cancel the entire Event. In the event of any change, the Participation Agreement shall remain in full force. In the event the Event is cancelled in its entirety, the Participation Agreement shall by operation of law be terminated and the Participant shall be reimbursed for Participation
Costs that have possibly already been paid. Such change or cancellation shall not give the Participant any right to compensation for any damage and/or loss or costs whatsoever except for the Participation Costs.
Article 12 The layout
1. The Participant has the right during the Event to access the Stand Space determined by Nobiles Media, which is binding.
In determining the Stand Space of the Participant, Nobiles Media shall take the wishes indicated by the Participant into consideration as much as possible; it is, however, not obliged to honour these wishes.
2. Nobiles Media is entitled to change a determined Stand Space prior to the Commencement Date. Nobiles Media shall in such a case propose an alternative Stand Space, whereby it shall endeavour to offer a similar Stand Space in terms of area, form and location.
If the alternative Stand Space results in an increase in the Participation Costs exceeding 10%, the Participant shall be entitled prematurely to terminate the Participation Agreement in accordance with the provisions in Article 6(2). Other costs resulting from such a change shall be borne by the Participant.
Article 13 Assembly, furnishing and use of the Stand Space
1. The Participant must assemble and furnish his Stand Space on the dates and at the times given by Nobiles Media to that end.
2. Unless expressly stipulated otherwise, the Stand Space shall be made available without stand construction, layout or other amenities. The Stand Space shall be marked by way of position indicators on the floor of the Accommodation and
the stand construction must at the request of Nobiles Media be equipped with a position indicator in the manner and at the location to be determined by Nobiles Media, which position indicator may not be removed, altered or relocated by the
3. When the Stand Space is furnished, the Participant must comply with these Participation Conditions, other regulations issued by Nobiles Media, any rules issued on behalf of the Accommodation Lessor, government regulations and fire
regulations, and all other rules that might be issued.
4. The Participant must immediately on Nobiles Media’s request make available to Nobiles Media for its approval all plans and designs for furnishing the Stand Space. The Participant shall not be entitled to start assembling and furnishing the
Stand Space prior to acquiring this approval. Nobiles Media is entitled to refuse approval, if necessary without stating reasons.
5. If Nobiles Media has well-founded reason to fear that the assembly and furnishing of the Stand Space shall not be completed in a timely manner prior to the commencement of the Event, it shall be entitled at the expense of the Participant to take all measures it deems necessary.
6. The Participant must keep the Stand Space furnished during the entire period of the Event and staff it sufficiently.
7. The products or services to be shown in the Stand Space must be directly related to the topic of the Event.
8. The goods of the Participant that are present in the Stand Space or elsewhere in the Accommodation shall be at the risk
of the Participant for the entire duration of the Event (including the assembly and take-down periods). The Participant himself is responsible for supervision at his Stand Space.
9. During the Event, the Participant must refrain from infringing the intellectual property or other rights of third parties. At the request of Nobiles Media, the Participant must show that he is entitled to display specific goods or use name signs.
10. Without prejudice to the provisions in the previous paragraph, Nobiles Media shall refrain from interfering in disputes between Participants, irrespective of the nature of the dispute. Therefore, Participants may not derive any rights vis-à-vis
Nobiles Media from the provisions in the previous paragraphs.
11. Without the express, prior consent of Nobiles Media, the Participant is not entitled:
a) to allow third parties to use the Stand Space;
b) to cause a nuisance, in any form whatsoever, to other Participants;
c) to use open, flowing, sprinkled or sprayed water, open flame and/or hazardous materials in or near the Stand Space;
d) to place goods (including furniture, signboards or advertising material) outside the Stand Space;
e) to distribute advertising material outside their own Stand Space;
f) to promote in any manner products and/or services that compete with Nobiles Media’s own products and/or services, including distributing competing publications and/or promoting competing events;
g) to take photographs or shoot scenes other than those of his own Stand Space, unless this is intended for the internal use of the Participant and not for commercial purposes, such as the exploitation of other or similar events;
h) to ask for compensation from the visitor for visiting his Stand Space or for any other purpose;
i) to take a survey of the visitors to the Event;
j) to develop activities, other than those mentioned above, that in the opinion of Nobiles Media could cause damage to the Event or other Participants or are contrary to the law, public order or public morality.
Article 14 Permits and exemptions
The Participant himself is responsible for obtaining any permits or exemptions required for participation in the Event.
Article 15 Delivery and removal of goods, cleaning and waste removal
1. The Participant himself is responsible for transporting and taking receipt of goods for his participation in an Event. Nobiles
Media shall not take any goods for the Participant in receipt.
2. Without the prior consent of Nobiles Media, the Participant shall not be entitled to deliver or remove goods during the opening hours of the Event.
3. The Participant must ensure that the Stand Space is cleaned during the Event.
4. The Participant must ensure that his waste is removed in accordance with the regulations set in respect thereof by the Accommodation Lessor.
5. Any costs incurred by Nobiles Media in connection with the removal of waste left behind by the Participant (including goods and stand construction left behind by the Participant), shall be borne by the Participant.
Article 16 Catering
1. Unless expressly indicated otherwise, the catering for an Event shall exclusively be reserved for the Accommodation Lessor or a third party engaged by him.
2. With the exception of issuing small refreshments to visitors to his own Stand Space, the Participant is prohibited from issuing refreshments, whether or not for payment, to visitors to the Event unless with the consent of the party that
provides for the catering for the Event, as referred to in paragraph 1 of this Article.
Article 17 Take-down
1. The Participant must take down his Stand Space and remove his goods on the dates and at the times given by Nobiles Media to that end.
2. The Participant must deliver the Stand Space in its original condition. The costs of damage to goods of Nobiles Media or the Accommodation Lessor shall be borne by the Participant.
Article 18 Other regulations
1. Nobiles Media may issue supplemental regulations that in its opinion are conducive to the smooth running of the Event. The Participant is obliged immediately to comply with these regulations.
2. The Participant is also obliged to comply with any safety regulations and regulations of another nature issued by the Accommodation Lessor. In the event of a conflict between these regulations and these Participation Conditions and/or
other regulations issued by Nobiles Media, the Participant shall contact Nobiles Media.