These Standard Terms and Conditions for Event Participation (the "Standard Event Terms") apply to participation in events organised by (or in cooperation with) RAI Markets B.V. or any of its subsidiaries ("RAI").
Capitalised terms used in these Standard Event Terms have the following meanings:
1.1
Applicant: each natural or legal person who has submitted an Application Form to be a Participant in an Event, regardless of whether this application has been accepted by RAI;
1.2
Application Fee: the amount of the down payment owed by the Applicant to RAI at the time of the conclusion of the Participation Agreement for his application to take part in an Event;
1.3
Application Form: the online or other form by which a potential Participant applies to take part in an Event;
1.4
Conditions of Participation: the conditions contained in the Participation Agreement, the Specific Event Terms, the Stand Build-up Rules (if applicable), these Standard Event Terms and the Facility Regulations together;
1.5
Controller: according to article 4 GDPR;
1.6
Convention Centre: the Convention Centre as defined in the Specific Event Terms;
1.7
Data subject: according to article 4 GDPR;
1.8
Event: the event to be put on by or in cooperation with RAI in the Convention Centre;
1.9
Exhibitor Portal: RAI's online portal containing the main information about the Event for the Participants;
1.10
Facility Regulations: the facility regulations of the Convention Centre which contain the rules applicable to all visitors to the Convention Centre, including exhibitors and hirers;
1.11
GDPR: General Data Protection Regulation 2016/679;
1.12
Participant: every natural or legal person who has submitted an Application Form to be a Participant in an Event and with whom RAI has entered into a Participation Agreement. The Participation Agreement shall enter into force once the Participant has received a confirmation from RAI by email;
1.13
Participation Agreement: the agreement between the Participant and RAI on the basis of which the Participant is entitled to take part as such in the Event;
1.14
Participation Costs: the total costs payable by the Participant to RAI and comprising the Application Fee, Stand Hire and, if applicable, Stand Build-up charge;
1.15
Parties: RAI and the Participant;
1.16
Personal data: according to article 4 GDPR;
1.17
Privacy Legislation: European and national regulations governing the protection of Personal Data, including the GDPR;
1.18
Processing / Processor: according to article 4 GDPR;
1.19
RAI: RAI Markets B.V., which has its offices at Europaplein 24, 1078 GZ Amsterdam, or any of its subsidiaries;
1.20
Specific Event Terms: specific terms and conditions for event participation applicable to an Event;
1.21
Standard Event Terms: these Standard Terms and Conditions for Event Participation issued by RAI which are applicable to Applicants and Participants;
1.22
Stand Build-up: the construction and fitting out of the Stand Space, including the provision of gas, water, water drainage, power supply, telephone, and other data communication connections at the Stand Space;
1.23
Stand Build-up Rules: any written Stand Build-up Rules applicable to an Event;
1.24
Stand Hire: the costs of hiring such number of square metres of floor area as determined by RAI for a Stand Space and any costs of the Stand Space;
1.25
Stand Space: the stand and accompanying square metres hired by a Participant at an Event.
Terms written in the singular include the plural and vice versa, as far as the text requires.
Article 2 - Application
2.1
An application to participate in an Event should be made by completing the Application Form, which can be obtained directly from RAI in hard copy or through RAI’s online application module. RAI should receive an Application Form only after it has been completed in full and duly signed. In the case the Application Form is filled in by a representative of Applicant who is not authorized to represent, also the personal details of the authorized representative need to be filled in.
2.2
The Applicant warrants that the data supplied with his application are correct and that the representative specified by him is duly authorised.
2.3
RAI will enter the data obtained from Applicants in a database kept by it for this purpose. Applicant agrees with the Privacy Statement of RAI.
2.4
Applications which cannot be accepted immediately owing to lack of space may be put on a waiting list. A decision on these applications shall be made before the opening of the relevant Event. Stand Space that falls free as a result of cancellation will be allocated in the same manner.
2.5
RAI reserves the right to refuse an application at its own discretion. RAI also reserves the right, as regards acceptance of applications, to grant priority to members of the associations or organisations acting as joint organizers.
2.6
If RAI refuses an application, it will refund any payments (including down payments) and will refrain from collecting the Application Fee.
2.7
The Participation Agreement is concluded solely by acceptance by RAI of the application (offer), whereupon the Applicant becomes a Participant. Acceptance shall be confirmed by RAI to the Participant by email.
2.8
After the Participation Agreement has been concluded, the Participant has the right to cancel the Participation Agreement free of charge during the cancellation term. The cancellation term is linked to the payment term for paying the Application Fee and will usually be 21 days. The Participant can cancel his participation free of charge within the payment term as mentioned in the invoice, by sending an e-mail to RAI via the contact details as stated in the Specific Event Terms. After the free cancellation term, the cancellation conditions as stated in article 3.1 apply.
2.9
After allocation of the Stand Space, the Participant shall receive his username and password. This will enable the Participant to visit the Exhibitor Portal, on which all essential information can be found concerned the Event, including the Standard Event Terms, Specific Event Terms, the Stand Build-up Rules and the Facility Regulations.
2.10
When allocating the Stand Space, RAI will specify the location, type and dimensions of the Stand Space allocated to and hired by the Participant. In allocating the Stand Space, RAI will take as much account as possible of the preferences of the Participant. The allocation of the Stand Space is binding on the Participant as regards both its dimensions and its location in the Convention Centre.
Article 3 - Cancellation and stand reduction
3.1
Requests by a Participant to cancel or change a Participation Agreement (i.e. to reduce the number of square metres of Stand Space) may be submitted in writing or by email. RAI may grant
such a request on condition that the Applicant in any event pays the subsequent cancellation fee, which is based on a fixed percentage of the Participation Costs:
upon cancellation more than 365 days before the first Event build-up day: 15% of the Participation Costs;
upon cancellation in the period from 365 to 183 days before the first build-up day of the Event: 50% of the Participation Costs;
upon cancellation in the period from 182 to 63 days before the first build-up day of the Event: 75% of the Participation Costs;
upon cancellation in the period from 62 to 32 days before the first build-up day of the Event: 100% of the Participation Costs;
upon cancellation in the period up to and including 31 days before the first build-up day of the Event: 120% of the Participation Costs;
or such higher amount as is due in the RAI’s opinion as compensation for the costs incurred or yet to be incurred as a result of the cancellation or amendment. In the event of cancellation or change, the Participant will always owe the Application Fee to RAI.
3.2
The VAT owed on the fees referred to in this article will also be charged.
Article 4 - Changes
4.1
In extenuating circumstances, RAI has the right to amend the dates and times of an Event as stated in the Specific Conditions, the Stand Space, stand type and/or stand location allocated to the Participant or, in exceptional circumstances, to change the concept of the Event or to cancel the Event. In such case, the Participant shall not be entitled to claim compensation for any costs and/or loss or damage incurred.
4.2
Changes to dates, times, Stand Space, stand type and/or stand location or to the concept of the Event do not entitle the Participant to cancel his application in whole or in part.
4.3
If the Event is cancelled, the Participation Agreement will lapse. In such case, RAI will refund all payments made by the Participant to RAI, with the exception of the Application Fee and after deducting the costs already incurred by RAI in respect of the Event. Such costs will be wholly or partly apportioned among the Participants on a pro rata basis according to the Stand Space allocated to them. This refund will be made within 60 days after the date on which RAI has publicized the cancellation of the Event.
Article 5 - Admission prices and admission tickets
5.1
RAI may fix an admission price for the Event which applies to all visitors.
5.2
Upon payment of their Application Fee, Participants will receive a number of admission tickets, specified in advance, which shall provide continuous admission to the Event. These admission tickets are personal and may not be sold on or used by persons other than the Participant.
5.3
Participants may purchase extra admission tickets at a reduced rate in the Exhibitor Portal.
Article 6 - Event programme and participants
6.1
The Specific Event Terms shall describe the goods and services which will be exhibited at the Event. RAI has the right to refuse goods and services or immediately remove goods and services – or arrange for their removal – from the Event without owing any compensation for such removal and without having to give reasons, even if the goods and services in question are as stated on the Application Form and/or in the Specific Event Terms. Any costs incurred in connection with such removal will be borne by the Participant.
6.2
For marketing purposes, RAI can take photographs and/or make film recordings of the Event and the Stand Spaces and persons present there. RAI will ask consent for this purpose if needed. Participants and staff engaged by them must permit publication and/or distribution
of the photographs and recordings and indemnify RAI against any claims in this respect.
6.3
Participants are not permitted to let children under the age of 15 work at the Event, or to bring them to the Event.
Article 7 - Payment obligations
7.1
The Participant owes the Participation Costs specified in the Specific Event Terms and any other amounts specified in the Specific Event Terms. All amounts owed will be increased by the VAT due on them.
7.2
RAI Amsterdam B.V. shall issue the invoices in relation to the Participation Costs in the name, on behalf and for the account of RAI.
7.3
The Participation Costs, with the exception of the Application Fee which will be charged shortly after the receipt of the Application Form, will be invoiced in two instalments prior to the Event. The first instalment will be 25% of the Participation Costs and will be charged after the Participation Agreement has become effective, but not earlier than one year before the start of the Event. The second instalment will be 75% of the Participation Costs and will be charged, in principle, three months before the start of the Event, unless provided otherwise in the Specific Event Terms. For the purpose of calculating the Stand Hire charge, part of a square metre will be treated as a full square metre.
7.4
The Participant must pay the Participation Costs within a period of 21 days after the invoice date, unless otherwise specified on the invoice. In the event of late or partial payment of the Participation Costs by the Participant, RAI is entitled to charge the statutory commercial interest (article 6:119 of the Dutch Civil Code) and collection costs on the monetary claim(s).
7.5
If the Participant considers that he does not owe all or part of an invoice, he should inform RAI in writing or by email, giving reasons, within ten days of the date of the invoice, failing which any right to reduction of the invoice amount will lapse.
7.6
RAI is entitled to set off payments made by a Participant, first of all against any outstanding debts owed to RAI.
Article 8 - Build-up
8.1
The Participant should construct and fit out the Stand Space on the stand location allocated to him and do so in accordance with the Conditions of Participation and any other instructions given by RAI.
8.2
If the Participant intends to build his own stand, he should submit a design of the Stand Space (in the form of a clear scale drawing or on the basis of a scale model accompanied by a single scale drawing) to RAI for approval no later than six weeks before the first build-up day of the Event. RAI has the right to withhold approval. In such a case the Participant should modify the design of the Stand Space within a period specified by RAI in such a way that approval can be granted after all.
Article 9 - Vacation and breakdown
9.1
When vacating, dismantling, and cleaning Stand Space, the Participant must strictly comply with the relevant instructions given by RAI, including the Facility Regulations. If the Participant fails to meet his obligations, RAI shall be entitled to dismantle and clean the Stand Space.
9.2
The Participant is obliged, after the end of the Event, to restore the hired Stand Space to its original state. Any damage to the Stand Space and/or the Convention Centre will be borne by the Participant.
9.3
The goods of the Participant that are still present in the Convention Centre after the period(s) referred to in the Specific Event Terms, may be stored or destroyed at the expense and risk of the Participant.
Article 10 - Intellectual property rights
10.1
The Participant is not permitted to display, offer and/or sell any goods or services in the Convention Centre which infringe another person’s intellectual property rights. For this purpose, intellectual property rights are deemed to include any patent, trademark, design right, copyright, know-how or domain name (or application for the same).
10.2
If infringement has been established in a judicial ruling, RAI is entitled to remove the goods concerned (or have them removed) at the expense and risk of the Participant, deny the Participant access to the Event and take whatever other measures that it considers necessary, without prejudice to the provisions of article 13.1.
10.3
RAI is the owner of the intellectual property rights relating to the Event. RAI may grant written permission to Participants and other third parties to use these intellectual property rights in such manner as RAI may direct.
Article 11 - Catalogue
11.1
RAI may, for the purposes of the Event, publish a catalogue or set up an internet site (or arrange for this to be done) describing the Participants present during the Event and their goods and services. The Participants are obliged to provide the requisite information to RAI for this purpose. Neither RAI nor any third parties engaged by it will be liable for errors, defects, or omissions in the catalogue and/or on the Internet site, unless there has been intent or deliberate recklessness on the part of RAI (and/or third parties engaged by it).
Article 12 - Risk and liability
12.1
Goods of a Participant, including their packaging, present in the Convention Centre are at the expense and risk of the Participant. RAI do not concern itself with the security or insurance of the goods.
12.2
RAI is only liable for damage resulting from an attributable shortcoming in the performance of the Agreement and suffered by the Participant, by his personnel, by persons working on behalf of the Participant, by holders of admission tickets issued to him or by his visitors. RAI is not liable for any loss or damage suffered directly or indirectly by a Participant, by his personnel, by persons working on the instructions of the Participant, by the holders of admission tickets issued to the Participant or by his visitors, unless in case of gross negligence of wilful intent on the part of RAI.
12.3
The Participant is liable for and must take out adequate insurance against any and all loss or damage of any nature whatever that is caused by acts or omissions of the Participant himself, his personnel, persons who work for him or on his instructions in any way whatever, and holders of admission tickets issued to the Participant, and for loss or damage which is caused in any way by his goods and services.
12.4
The Participant indemnifies RAI against any and all claims that third parties may bring against RAI in connection with its acts or omissions.
12.5
RAI shall not be obliged to intervene in any disputes to which it is not party including but not limited to disputes between Participants and disputes between Participants and visitors.
12.6
Any liability of RAI is limited to the amount paid out under the terms of RAI’s liability insurance, provided always that, in the absence of cover, RAI’s liability is limited to the Participation Costs owed by the Participant on the basis of his application.
Article 13 - Non-performance
13.1
Where a Participant, his personnel, persons working for or on the instructions of the Participant and holders of admission tickets issued to the Participant act in breach of any provision of the Conditions of Participation or fail to follow an instruction given by or on behalf of RAI, RAI is entitled, without recourse to the courts and, where necessary, at the expense of the Participant, to take whatever measures it sees fit, including but not limited to the following:
terminate all or part of the Participation Agreement, without the need for prior notice of default; and/or
cancel the admission tickets issued to the Participant and bar the person(s) concerned from the Event and/or the Convention Centre with immediate effect; and/or
cancel or discontinue the build-up of the Stand Space, close or vacate all or part of the Stand Space (or arrange for this to be done), and dispose of the Stand Space thus released or left unoccupied; and/or
keep possession of, store and, if necessary, destroy the goods of the Participant and anything constructed or installed by the Participant; and/or
exclude the Participant concerned from participating in the Event and any other Events to be organised; and/or
if the Participant fails to pay the Participation Costs on time or in full, charge the statutory commercial interest and extrajudicial costs of collection on the amount of the claim(s);
notwithstanding RAI’s right to claim full compensation for any loss or damage suffered and/or yet to be suffered.
Article 14 - Confidentiality
14.1
Each Party shall treat as confidential and not disclose or use any information contained in this Participation Agreement or information that becomes available in the course of performing the Participation Agreement and of which it has been notified by the other Party that the information is confidential or that it should reasonably understand is confidential, unless and in so far as:
disclosure is required by the Participation Agreement, by law or by the courts;
disclosure is required by a supervisory authority or public body;
disclosure is necessary to enforce this Participation Agreement in court proceedings;
the other Party has given written permission for disclosure;
the information has come into the public domain through no fault of the disclosing Party;
disclosure is necessary to obtain advice from a professional adviser.
In the event of disclosure of information in the cases referred to above, the disclosing Party shall consult the other Party about the content, form, and timing of the intended disclosure.
Article 15 - Permits
15.1
A Participant is deemed to have ascertained before making an application whether the activities he intends to organise require any permit. If the Participant fails to obtain any required permit or fails to comply with the conditions attached to the permit, RAI may take immediate action to terminate the activity (or have it terminated) and may, as a last resort, rescind the Participation Agreement.
15.2
A Participant – or a third party who makes use of such permit through the intermediary of the Participant – is obliged at all times to cooperate in any check on compliance with the conditions attached to the permit.
15.3
If a Participant – or a third party who makes use of such permit through the intermediary of the Participant – wholly or partly fails to comply with any condition attached to a permit, the P
articipant will be fully liable for any loss or damage suffered by RAI as a consequence. Loss or damage includes for this purpose any sanctions imposed on RAI by or on behalf of the competent authority on account of breaches of or non-compliance with the permit.
Article 16 - Privacy
16.1
Personal Data will be exchanged between RAI and the Participant when performing the services agreed under the Participation Agreement. Both parties are Controller when Processing Personal Data according to the applicable Privacy Legislation. Parties will conclude a separate Data Processing Agreement if a Party acts as a Processor with regard to a specific service.
16.2
The Participant and RAI will process the Personal Data carefully and in accordance with the applicable Privacy Legislation. The Parties will, among other things, implement appropriate technical and organizational measures according to article 32 GDPR to secure the Personal Data.
16.3
The Participant is responsible for compliance with all applicable Privacy Legislation, from the moment it receives Personal Data from RAI and up to the moment it has send Personal Data to RAI.
16.4
The Participant will only process Personal Data received from RAI under the Participation Agreement, such as via badge scanning during an Event, insofar that is necessary for performing the services agreed under the Participation Agreement. The Participant may use the Personal Data of visitors received from RAI via badge scanning only once to contact this visitor about products or services of the Participant.
16.5
The Participant will under no circumstances and in no way provide this Personal Data to third parties, unless this is necessary for performing the services agreed under the Participation Agreement or when legally obliged.
16.6
The Participant will inform the Data Subject in accordance with articles 13 and 14 of the GDPR about their Processing of Personal Data, including the transfer to RAI.
16.7
RAI informs the Data Subject about its Processing activities in its privacy statement that can be accessed via: www.rai.nl/en/privacy-statement.
16.8
The Participant and RAI will each handle a request or an objection from a Data Subject in accordance with the applicable Privacy Legislation. If the Participant receives a request from a Data Subject that also relates to the Processing of Personal Data by RAI, the Participant will consult with RAI as soon as possible but no later than within 7 days about the handling of that request.
16.9
Participant will inform RAI immediately if the Participant detects or reasonably suspects that a data security breach has occurred with regard to the Personal Data or is in any way aware of any request or investigation by a supervising authority, such as the Dutch Data Protection Authority or the Consumer and Market Authority, or any other reason that could lead to such an investigation with regard to the Processing of Personal Data within the framework of the Participation Agreement.
Article 17 - Applicability of Standard Event Terms
17.1
If and as far as any provision of the Standard Event Terms is null and void or is avoided, the other provisions of these Standard Event Terms will remain in full force. RAI will then adopt a new provision to replace the provision that is null and void or has been declared avoided, taking account as far as possible of the tenor of the former provision.
17.2
The applicability of any terms and conditions of the Participant is expressly rejected, notwithstanding any previous or subsequent reference to – or declaration of the applicability of – such terms and conditions of the Participant, for example on invoices.
17.3
In the event of conflict, the Conditions of Participation will prevail in the following order:
the Participation Agreement;
the Specific Event Terms;
the Standard Event Terms;
the Stand Build-up Rules;
the Facility Regulations.
Article 18 - Disputes
18.1
The Conditions of Participation and all legal relations which may arise between RAI on the one hand and the Participant and/or Applicant on the other will be governed exclusively by Dutch law.
18.2
In the event of disputes resulting from the Conditions of Participation or legal relationships arising from them, the Parties will first of consult together in order to attempt to resolve this dispute by amicable means. If the Parties do not succeed in this, a dispute as referred to above will be decided exclusively by the competent court in Amsterdam, without prejudice to the right of appeal and appeal in cassation.
18.3
If, for any reason whatever, a Participant or Applicant does not have an address or place of residence known to RAI, the Participant will be deemed to have chosen the offices of RAI at Europaplein 24, Amsterdam, the Netherlands, as its address for the service of all notices and the like which RAI may wish to give in connection with the Conditions of Participation and their implementation.
18.4
In all matters for which the Conditions of Participation make no provision or in all cases in which they are deemed unclear RAI will decide, taking into account the reasonable interests of the Participant.
