Terms and conditions

1

General

Any entrepreneur within the meaning of the UGB, hereinafter referred to as the “exhibitor”, may register to participate in events of “markeding Schweiz”, taking into account the character of the respective event. The decision on participation rests exclusively with the organiser, who also reserves the right to reject applications for participation at any time without stating reasons. The legal relationship between markeding Schweiz and the exhibitor shall be governed exclusively by these General Terms and Conditions. Any conflicting conditions of the exhibitor shall be invalid, even if markeding Schweiz does not expressly object to them.

2

Registration

Registration shall be made in writing using the registration forms of “markeding Schweiz” available for the respective event. By duly signing the registration on behalf of the company, the exhibitor has submitted a legally binding and irrevocable offer and has accepted the General Terms and Conditions of “markeding Schweiz” in their entirety. Any reservations made in the registration shall be void. Deletions, additions and amendments to the registration form and to the General Terms and Conditions shall be invalid. The incomplete filling-in of individual lines in the registration form can never be interpreted to the detriment of “markeding Schweiz”. The General Terms and Conditions shall also apply mutatis mutandis to orders for ancillary services, such as advertisements and notices in the catalogue, the rental of a trade fair stand and other items, the provision of electricity, water, telephone and internet connections, etc. The exhibitor submits to all trade-law, local police and other statutory regulations and shall erect the exhibition stand in accordance with recognised technical standards.

2.1

Co-exhibitors and sub-exhibitors of the main exhibitor are subject to a charge and shall be invoiced to the main exhibitor in accordance with the applicable co-exhibitor and sub-exhibitor rates. The partial and/or complete transfer of the exhibition stand space or of the exhibition stand to third parties, whether against payment or free of charge, is not permitted.

2.2

Data Protection

The exhibitor gives its express consent that the data it has disclosed to “markeding Schweiz” may be published in all print and electronic media, that these data are stored by automated means and that they may be used for direct marketing purposes by “markeding Schweiz” and other companies within the scope of the statutory provisions. By duly signing on behalf of the company, the exhibitor consents to receiving electronic mail from “markeding Schweiz” for advertising purposes.

3

Allocation of Stand Space

Upon “markeding Schweiz” sending the stand space confirmation to the exhibitor, the registration shall be deemed accepted and the exhibitor undertakes to participate in the event. The exhibition stand space is allocated by the organiser for one event at a time, unless another written agreement exists. “markeding Schweiz” is entitled, in deviation from the stand space confirmation, to allocate the stand space in a different location and/or to change the stand area stated in the stand space confirmation by +/- 15%. In the event of a change in the stand area, the stand rental shall change proportionately to the same extent. Structural alterations to exhibition halls or open-air areas, such as changes to entrances/exits, carried out within the exhibitor’s registered period shall neither entitle the exhibitor to withdraw from the contract nor give rise to any claims against “markeding Schweiz”.

3.1

Revocation of the Stand Space Allocation

“markeding Schweiz” is entitled to terminate an exhibition contract that has already been validly concluded under the conditions set out below. Should insolvency proceedings be opened against the exhibitor, “markeding Schweiz” is entitled to request the insolvent debtor and the insolvency administrator to state without delay whether the exhibition contract will be assumed. If no binding decision is made within two weeks, this shall constitute good cause for “markeding Schweiz” to terminate the contract, without prejudice to claims for damages. The notice of termination may already be given together with the request for a statement, for the event that no statement is made. If less than two months lie between the opening of insolvency proceedings and the start of the event, “markeding Schweiz” is entitled to shorten the period for a statement to one week. Further grounds for termination are outstanding unpaid claims against the exhibitor from past events or the exhibitor’s exhibits not corresponding to the theme of the event.

4

Stand Rentals

The rental fees are shown on the respective registration forms and are exclusive of all taxes and duties. Rental fee invoices are payable net, without deduction, within 10 days of receipt. Rental fee invoices issued immediately before the start of the event (within the last 14 days) are payable immediately. If the rental fee invoice is not paid on time, and at the latest before the start of the event, “markeding Schweiz” reserves the right to withdraw from the contract without setting a grace period and to prohibit occupation of the exhibition space.

5

Lien

For unsatisfied claims of “markeding Schweiz” against the exhibitor, “markeding Schweiz” shall have a lien on all goods brought onto the exhibition grounds by the exhibitor. Retained items shall be stored at the exhibitor’s risk and expense.

6

Exhibited Products and Services

The exhibitor may not offer any products other than those registered or those typical of the sector. “markeding Schweiz” is entitled, even after the exhibitor’s stand space has been allocated, to have products that do not fit within the scope of the trade fair event placed in storage at the exhibitor’s expense and risk.

6.1

Sales at the Fair

The sale of products registered under clause 6 to end consumers directly at the stand is permitted. A prerequisite for these sales is a valid UID number and compliance with the national excise tax laws (alcohol tax, sparkling wine tax, beer tax, tobacco tax, value added tax). Foreign exhibitors from the EU or from third countries should only make sales after consultation with “markeding Schweiz” in order to avoid unwitting evasion of taxes and duties.

7

Withdrawal from the Contract/Compensation for Damages

The exhibitor undertakes to pay, in the event of withdrawal from the contract up to eight weeks before the start of the event, 50%, and in the event of withdrawal within eight weeks before the start of the event and/or in the event of justified withdrawal from the contract by “markeding Schweiz”, 100% of the amount resulting from the stand rental, handling fee and mandatory catalogue entry, plus the state contract fee, whereby “markeding Schweiz” shall be free to claim any damage exceeding this amount. If the exhibitor has not occupied the rented stand area by no later than 2 hours before the start of the fair at 8 pm, “markeding Schweiz” shall acquire the right to justified withdrawal from the contract. From that point onwards, “markeding Schweiz” may otherwise dispose of the stand area without further notification.

7.1

Termination of the Contract

Each exhibitor shall ensure compliance with the General Terms and Conditions and other provisions of the exhibition contract by its agents (employees, authorised representatives, contractors, etc.) and shall be fully responsible for their acts and omissions. The exhibitor expressly agrees that, in the event of a breach of the General Terms and Conditions by the exhibitor or its agents, “markeding Schweiz” is entitled to terminate the contractual relationship with immediate effect and to prohibit any business activity at the exhibition stand. In this case, the exhibitor shall have neither a right to reimbursement of the pro rata stand rental nor any claim for damages of any kind on this account against “markeding Schweiz”.

8

Stand Staffing

The admitted exhibitor is obliged to participate in the event. The stand must be staffed with competent personnel throughout the entire exhibition period. In particular, care must be taken to ensure that the stand is fully staffed every day from the start of the event.

9

Exhibitor Passes

Each exhibitor receives a certain number of exhibitor passes free of charge according to the size of the stand or the amount of the stand rental. Additional exhibitor passes requested are subject to a charge

10

Set-up, Dismantling and Stand Design

10.1

Stand Design

The stand areas handed over are in principle provided without booth walls and without furnishings (unless an all-inclusive package has been booked). The exhibitor’s stand structures may not exceed a height of 2.5 metres. Higher stand structures are only possible upon submission of construction plans and with the written consent of “markeding Schweiz”. Such construction plans must be submitted to “markeding Schweiz” no later than 2 months before the start of the event. Company logos and company names may exceed this structure height only with the approval of “markeding Schweiz”. The rear sides of stand and booth walls facing neighbouring stands must be white or light grey. Only non-combustible or flame-retardant impregnated material (B1, Q1) may be used for stand design. For safety reasons, glass structures may only be placed at a distance of 50 cm from the stand boundary. Safety glass is exempt from this rule. If the stand is set up by “markeding Schweiz” or its cooperation partners, nailing, drilling and gluing on the booth and hall walls is prohibited. Damage will be invoiced at new replacement value. The exhibitor alone bears the risk for the delivery, set-up and dismantling as well as the removal of the exhibits. “markeding Schweiz” itself does not accept any consignments and shall under no circumstances be liable for loss or incorrect delivery. It is not permitted to fasten objects of any kind to the floor, walls or ceiling structures or to attach them by mechanical means. Stand structures and decorations that are inconsistent with the style of the event must be altered or removed as instructed by and at the discretion of “markeding Schweiz”.

10.2

Set-up and dismantling times must be strictly observed and will be notified to the exhibitor in writing by email in good time, but at least 10 days before the start of the fair. If the set-up time is exceeded, “markeding Schweiz” is entitled to charge the exhibitor for the costs incurred as a result. Under no circumstances may dismantling of the stand begin before the official end of the event. In the event of an infringement, a contractual penalty of CHF 1,000 plus VAT shall be payable. If the dismantling time is exceeded, “markeding Schweiz” is entitled to restore the stand space to its original condition at the exhibitor’s expense. The exhibitor shall compensate “markeding Schweiz” at new replacement value for any damage caused by improper handling.

10.3

“markeding Schweiz” reserves the right to inspect stand structures, exhibits, advertising media, etc. for their structural stability and public safety at the exhibitor’s expense, or to have them inspected by experts, if there are justified doubts that structural stability or public safety is ensured.

11

Technical Stand Equipment

Unless all-inclusive packages are booked, the supply of water, lighting current (230V) and power current (400V) as well as connection to the data and telecommunications network must be applied for using separate forms. The respective tariffs apply. Any installations may only be carried out by technicians authorised by “markeding Schweiz” and not by the exhibitors themselves. The operation of electrical equipment must comply with the applicable standards and statutory provisions (VSM/DIN etc.). “markeding Schweiz” is entitled to charge a reasonable advance payment for operating costs as part of the stand rental invoicing under clause 4.

11.1

Disruptions to the technical supply (e.g. electricity, water, compressed air, heating, ventilation, communications, etc.) must be reported to “markeding Schweiz” without delay. “markeding Schweiz” accepts no liability for damage arising from disruptions occurring as a result of power fluctuations or force majeure, or from supplies being interrupted on the orders of the authorities or of the electricity, water or energy suppliers.

12

Cleaning

Cleaning of the rented stand areas is in principle the responsibility of the respective exhibitors but may only take place outside exhibition hours. Residual waste must be disposed of in the containers set up or the rubbish bags provided by “markeding Schweiz”. If the aforementioned obligations are neglected, “markeding Schweiz” is entitled to have the necessary cleaning work carried out at the expense of the defaulting exhibitor. The disposal of hazardous waste must be arranged by the exhibitor itself. Stand construction elements, products and carpets left behind will subsequently be disposed of at the exhibitor’s expense.

13

Advertising

13.1

Advertising Materials of “markeding Schweiz”

Each exhibitor agrees that its company and any co-exhibitors and sub-exhibitors will be named in the media intended for the respective event (print media and electronic media). The content of the entry in the media shall be based on the information given in the registration form. “markeding Schweiz” accepts no liability whatsoever for the consequences of incorrect or incomplete data provided by the exhibitor in the registration form or in the service booklet.

13.2

Advertising by the Exhibitor at the Venue

Advertising measures in images, sound and writing for companies other than that of the exhibitor require the express written consent of “markeding Schweiz”. Banners, company signs, advertising lettering and other advertising material may not be affixed or distributed outside the exhibition stand space, may not project into the aisles and may not exceed a height of 3.0 m. The affixing of advertising boards, posters or other advertising material, or the distribution of advertising material, outside the stand space is only permitted by separate agreement with “markeding Schweiz” and against separate charge. In the event of unfair competition towards other exhibitors, “markeding Schweiz” is entitled to close the stand immediately, in which case any reduction of the stand rental and other costs is excluded. Printed matter and advertising materials may only be distributed within the stand space. Advertising activities outside the stand space are subject to a charge and to approval and must be registered with markeding e.U. in good time. Surveys by external companies are not permitted on the exhibition grounds. The distribution of free samples is permitted. “markeding Schweiz” holds all advertising rights within the exhibition grounds. Advertising announcements may only be made via the public address system of “markeding Schweiz”. The rules of fair competition must be strictly observed. Any advertising measure by an exhibitor that unduly obstructs or disparages the business activities of other exhibitors is not permitted. During the period of the fair, the exhibitor shall refrain from any actions (such as its own events, in-house exhibitions, etc.) that are likely to deter potential visitors of “markeding Schweiz” from attending the fair. In the event of a contravention, “markeding Schweiz” shall be free to prohibit, with immediate effect, the further pursuit of such measures and/or participation in the fair and to require the exhibitor to vacate the stand space.

14

Photography, Drawings, Filming

“markeding Schweiz” is granted the right to take photographs and to film on the exhibition grounds and to use these recordings for its own purposes or for general publications. In this connection, the exhibitor waives all objections based on industrial property rights, in particular copyright and the Act against Unfair Competition (UWG). Outside its own stand space, the exhibitor is not permitted to make, or have made, films, photographs, drawings or other depictions of exhibits and goods on display.

15

Activities at the Stand, Special Events

All kinds of special events at the stand or on the exhibition grounds are permitted only during general opening hours and in compliance with the statutory provisions, and require the written consent of “markeding Schweiz”. Any costs for extending normal operating hours (staff, electricity) will be invoiced to the exhibitor. The maximum noise level of acoustic or audiovisual presentations at the stand may not exceed 60 dB(a), measured at the stand boundary. If a higher noise level is not stopped immediately upon request by “markeding Schweiz”, “markeding Schweiz” reserves the right to take appropriate measures – including, if necessary, closure of the stand. “markeding Schweiz” is entitled, notwithstanding approval previously granted, to restrict or prohibit presentations that impair the orderly running of the fair. Registrations with SUISA must be made by the respective companies themselves. In the course of their advertising activities, exhibitors are responsible for all copyrights relating to image and sound recordings. The exhibitor is obliged to show consideration for the other event participants, not to act contrary to public morals and not to misuse its participation in the event for ideological, political or other purposes unrelated to the event. Exhibitors not registered as catering businesses are prohibited from supplying food and beverages against payment.

16

Trade Fair Insurance

The stand rental does not include insurance for the erected stand or for the items brought into the stand. It is the exhibitor’s responsibility to take out, for any risks in connection with participation in the fair, trade fair insurance covering the various risks such as fire, burglary, theft, transport and liability. The exhibitor shall be liable to the full extent of the damage for all damage to persons or property occurring within the exhibition grounds in the course of its participation in an event.

17

Security

Exhibitors have no legal entitlement to stand surveillance (theft protection) being provided during or outside the fair’s opening hours. Stand surveillance must be commissioned separately by the exhibitor and settled directly with the company commissioned. Any stand surveillance commissioned by the exhibitor must, insofar as it takes place during the opening hours of the fair, be notified to “markeding Schweiz” in writing in good time, stating the details of the security company. The deployment, commissioned by the exhibitor, of a third-party security company to guard the stand space outside the opening hours of the exhibition centre additionally requires the prior written approval of “markeding Schweiz”

18

Liability and Damages

“markeding Schweiz” accepts no liability whatsoever for theft or loss of, or damage to, goods brought in or left behind by the exhibitor or third parties, in particular exhibits and stand equipment. “markeding Schweiz” is not obliged to take out any insurance of any kind. “markeding Schweiz” accepts no liability whatsoever for vehicles parked at the venue by the exhibitor, its employees or contractual partners. The exhibitor, for its part, is liable for any damage to persons or property caused by it, its employees, its contractual partners or by its exhibits and installations. “markeding Schweiz” shall be indemnified and held harmless. During the set-up and dismantling periods, each exhibitor has an increased duty of care for the safety of its goods. Valuable and easily portable exhibits must be removed from the stand outside the fair’s opening hours (in particular at night) and kept in safe custody by the exhibitor itself at its own risk. “markeding Schweiz” shall not be liable for financial loss, damage to health or any other damage of whatever kind incurred by the exhibitor itself, its employees or third parties, for whatever reason, in connection with the preparation, holding or completion of an exhibition. Nor shall “markeding Schweiz” be liable for loss of profit. This exclusion of liability also applies if damage is caused by defects in rented buildings, premises or facilities of “markeding Schweiz”. “markeding Schweiz” shall only be liable at all if damage was caused intentionally by “markeding Schweiz” or its employees. The burden of proving this condition lies with the injured party. The exhibitor cannot derive any claims of whatever kind against “markeding Schweiz” from the acts or omissions of other exhibitors, their employees or contractual partners.

18.1

Any defects in the leased property, in particular those entitling the exhibitor to a reduction of the stand rental, must be reported to “markeding Schweiz” immediately upon becoming known, in order to give “markeding Schweiz” the opportunity to remedy them. Notices of defects from third parties have no effect on the present contractual relationship. The exhibitor cannot derive any legal consequences whatsoever from the design of other exhibitors’ stands or from vacant areas. All notices of defects, including those raised orally or in writing during the event, must be notified (again) to “markeding Schweiz” by registered letter within 7 days of the end of the event. If this deadline is missed, the exhibitor forfeits any legal claim.

18.2

No liability whatsoever is accepted for incorrect advertisements or entries in the official fair catalogue and/or other printed fair materials (printing errors, formal errors, incorrect classification, non-insertion, etc.)

18.3

Date/Venue of the Event

If the event has to be postponed, shortened, extended or relocated for any reason, exhibitors shall have no right to withdraw nor any entitlement to damages. If the event does not take place for reasons for which “markeding Schweiz” is not responsible (such as force majeure, strikes, political events), “markeding Schweiz” may charge up to 25% of the stand rental as a general compensation for costs. This claim lapses if “markeding Schweiz” is itself responsible for the event not being held.

19

Place of Jurisdiction, Place of Performance, Fees

The place of jurisdiction and place of performance is Schwyz/Switzerland. Swiss law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exhibitor shall bear the taxes and fees associated with the exhibition contract. In the event of late payment, interest of 12% p.a. shall be deemed agreed. The defaulting exhibitor undertakes to reimburse any reminder, debt collection and credit enquiry costs.

20

Severability Clause

Should individual provisions of this contract be or become wholly or partially invalid, or should this contract contain a gap, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, or to fill the gap, an appropriate provision shall apply which, to the extent legally possible, comes closest to what the contracting parties would have intended had they considered the point.