DEFINITIONS
Capitalized terms used in these Standard Event
Terms have the following meanings:
Applicant: each natural or legal person who
has submitted a ticket or tickets to be a Participant in an Event organized by
Hi School Fiesta;
Ticket Fee: the amount of the down payment
owed by a person/school to Hi School Fiesta at the time of the conclusion of
the Participation Agreement for his intent to take part in an Event;
Participant Form: is a form by which a
potential Participant applies to take part in an Event;
Conditions of Participation: the conditions
contained in the Participation Agreement, the Specific Event Terms (if
applicable), these Standard Event Terms and the Rules & Regulations
together;
Event: the event to be put on by or in
cooperation with Hi School Fiesta, anywhere;
Exhibitor Portal: Hi School Fiesta online
portal containing the main information about the Event for the Participants;
Participant: every natural or legal person who
has bought a ticket to be a Participant in an Event and with whom Hi School
Fiesta has entered into a Participation Agreement. The Participation Agreement
shall enter into force once the Participant has received a ticket from Hi
School Fiesta;
Participation Agreement: the agreement between
the Participant and Hi School Fiesta on the basis of which the Participant is
entitled to take part as such in the Event;
Participation Costs: the total costs payable
by the Participant to Hi School Fiesta and comprising the ticket Fee, Stand
Hire and, if applicable, Stand Build-up charge;
Parties: Hi School Fiesta and the Participant;
Rules & Regulations: the Hi School Fiesta
Rules & Regulations which contain the rules applicable to all visitors to
the events, including exhibitors and hirers, and can be found at www.hischoolfiesta.blogspot.com
Specific Event Terms: the Specific Terms
applicable to an Event;
Standard Event Terms: these Standard Terms and
Conditions for Event Participation issued by Hi School Fiesta which are
applicable to all Participants;
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;
Stand Build-up Rules: any written Stand
Build-up Rules applicable to an Event;
Stand Hire: the costs of hiring such number of
square metres of floor area as determined by Hi School Fiesta for a Stand Space
and any costs of the Stand Space;
Stand Space: the stand and accompanying square
metres hired by a Participant at an Event.
2 -
APPLICATION
Intent to participate in an Event should be
made by completing purchase of Hi School Fiesta ticket, which can be obtained
directly from Hi School Fiesta representatives in hard copy. The red part of
the completed ticket must be detached and submitted to Hi School Fiesta representative. The ticket must be completed by participant,
the correct name and contact details of participant must be filled on the Form
at the back of the ticket.
Hi School Fiesta will enter the data obtained
from participants in a database kept by it for this purpose.
Participants 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.
Hi School Fiesta reserves the right to refuse
a participant at its own discretion. Hi School Fiesta also reserves the right,
as regards acceptance of participant, to grant priority to members of the
associations or organizations acting as joint organizers.
If Hi School Fiesta refuses a participant, it
will refund any payments (including down payments) and will refrain from
collecting the ticket Fee.
The Participation Agreement is concluded
solely by acceptance by Hi School Fiesta of the sale of ticket, whereupon the
Applicant becomes a Participant. Acceptance shall be confirmed by Hi School Fiesta
to the Participant by the ticket.
The Participant shall have the right to cancel
the Participation Agreement, free of charge, until payment of the Application
Fee is due as set out in the relevant invoice, usually 21 days (the
Cancellation Term). The Participation Agreement may be cancelled during the
Cancellation Term by sending an email to Hi School Fiesta at the email address
specified in the Specific Event Terms. After the Cancellation Term, the
Participation Agreement may only be terminated subject to payment the
cancellation fee set out in article 3 below.
3 -
CANCELLATION AND STAND REDUCTION
Requests by a Participant to cancel may be
submitted in writing or by email. Hi School Fiesta may grant such a request on
condition that the participant in any event pays the subsequent cancellation
fee, which is based on a fixed percentage of the Participation Costs:
Upon cancellation more than 180 days before
the first Event build-up day: 15% of the Participation Costs;
Upon cancellation in the period from 90 days
before the first build-up day of the Event: 50% of the Participation Costs;
upon cancellation in the period from 45 to 30
days before the first build-up day of the Event: 75% of the Participation
Costs;
Upon cancellation in the period from 30 to 15
days before the first build-up day of the Event: 100% of the Participation
Costs;
Or such higher amount as is due in the Hi School
Fiesta’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 Hi School Fiesta.
The VAT owed on the fees referred to in this
article will also be charged.
4 - CHANGES
In extenuating circumstances, Hi School Fiesta
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.
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.
If the Event is cancelled, the Participation
Agreement will lapse. In such case, Hi School Fiesta will refund all payments
made by the Participant to Hi School Fiesta, with the exception of the
discounts given to Schools by Hi School Fiesta in respect of the Event. This refund will be made within 90 days after
the date on which Hi School Fiesta has publicized the cancellation of the
Event.
5 -
ADMISSION PRICES AND ADMISSION TICKETS
Hi School Fiesta may fix an admission price
for the Event which applies to all visitors.
Upon payment of their 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.
6 - EVENT
PROGRAMME AND PARTICIPANTS
The Specific Event Terms shall describe the
goods and services which will be exhibited at the Event. Hi School Fiesta 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.
For marketing purposes Hi School Fiesta can take photographs and/or make film
recordings of the Event and the Stand Spaces and persons present there. Hi
School Fiesta 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 Hi School Fiesta against any claims in
this respect.
7. PAYMENT
OBLIGATIONS
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.
Hi School Fiesta is entitled to set off payments made by a
Participant, first of all against any outstanding debts owed to Hi School Fiesta.
8 - BUILD-UP
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 Hi
School Fiesta.
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 Hi School Fiesta for approval no later than six weeks before the
first build-up day of the Event. Hi School Fiesta 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 Hi School Fiesta in such a way that approval
can be granted after all.
9 - VACATION
AND BREAKDOWN
When vacating, dismantling and cleaning Stand
Space, the Participant must strictly comply with the relevant instructions
given by Hi School Fiesta, including the Rules & Regulations. If the
Participant fails to meet his obligations, Hi School Fiesta shall be entitled
to dismantle and clean the Stand Space.
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 event Centre will be borne by the Participant.
The goods of the Participant that are still
present in the event Centre after the period(s) referred to in article 10 be
stored or destroyed at the expense and risk of the Participant.
10 - USE OF
STAND SPACE AND CONVENTION CENTRE
Using and dismantling of the Stand Space (or
arranging for it to be constructed, fitted out, used and dismantled) during
such period(s) as are specified in the Specific Event Terms.
The Participant is obliged to strictly comply
with the instructions given by or on behalf of Hi School Fiesta, the
Municipality, the fire brigade and other authorities.
Gangways and paths must be kept completely
free at all times. Hi School Fiesta is entitled to clear the paths and keep
them clear (or arrange for this to be done) at the expense of the Participant.
Unless expressly agreed otherwise in writing
with Hi School Fiesta, the Participant is not permitted to:
Hire out or part with possession of all or
part of the Stand Space occupied by him to third parties, or exchange it with
another Participant;
Keep the Stand Space occupied by him closed or
unstaffed during the time in which the Event is open to visitors or to cover
and/or remove the exhibited goods or part thereof;
Engage in activities which, in the opinion of
Hi School Fiesta , cause damage to or detract from the Event as such, or one or
more Participants, visitors, groups of visitors or third parties;
Engage in activities that cause damage or
nuisance to Hi School Fiesta , Participants and/or visitors, namely noise
nuisance, obstruction of light or view or nuisance in any other form;
Engage in activities that disrupt or are
likely to disrupt fair competition;
project images, amplify speech by means of
loudspeakers, and play music (live or otherwise) and/or make sounds that reach
the limit of seventy-five decibels (75dB(A)) (measured at the perimeter of the
Stand Space);
make changes in or to the Convention Centre,
for instance by gluing, painting, hacking in, breaking, drilling, nailing or
otherwise damaging floors, walls, ceilings, columns and so forth;
Offer or advertise - at or from the Stand
Space - goods and services that are not listed by name in the application form
or have been refused or removed on Hi School Fiesta’s instructions;
Sell goods or services without Hi School Fiesta’s
written consent;
Exchange parts and accessories of exhibited
goods (or arrange for their exchange) in the event Centre;
sell goods or services to consumers without
giving them the right to return a product that is unfit for purpose and receive
back the purchase price or to have an unfit product repaired or to exchange it
for a product that is fit for purpose;
Place or hand out goods and/or advertising
material (flyers) of any kind whatsoever outside the Stand Space occupied by
him;
Use the partition walls of the adjacent Stand
Spaces;
Exhibit or otherwise use open, flowing,
sprayed and/or atomized liquids at or in the vicinity of the Stand Space during
the Event, without Hi School Fiesta’s written approval;
Have any flammable or explosive substances,
gases and hazardous goods (including chemical pesticides and insecticides),
foul-smelling substances or radioactive sources in the event Centre and/or have
any open fires;
bring food and/or drinks into the event Centre
or cause the same to be done, and/or stock or sell them and/or distribute them
free of charge, unless they have been purchased from Hi School Fiesta and
unless this is done in accordance with the provisions of the applicable laws
and regulations;
Organize lotteries and hold competitions
without Hi School Fiesta’s consent; if a Participant has such consent, he must
strictly comply with the applicable laws and regulations;
Conduct or arrange for surveys among visitors
to and Participants in the Event, other than within his own Stand Space.
11 -
INTELLECTUAL PROPERTY RIGHTS
The Participant is not permitted to display,
offer and/or sell any goods or services in the event 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).
If infringement has been established in a
judicial ruling, Hi School Fiesta 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.
Hi School Fiesta is the owner of the
intellectual property rights relating to the Event. Hi School Fiesta may grant
written permission to Participants and other third parties to use these
intellectual property rights in such manner as Hi School Fiesta may direct.
12 -
CATALOGUE
Hi School Fiesta 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 Hi School Fiesta for this purpose. Neither Hi School Fiesta 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 Hi School Fiesta (and/or third parties
engaged by it).
13 - RISK
AND LIABILITY
Goods of a Participant, including their
packaging, present in the event Centre are at the expense and risk of the
Participant. Hi School Fiesta does not concern itself with the security or
insurance of the goods.
The Participant is responsible for obtaining
the requisite licenses and permits for his participation in the Event and for
Event-related activities as well as for complying with the laws and regulations
applicable to his activities.
Hi School Fiesta 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 willful intent on the part of Hi School Fiesta .
The Participant indemnifies Hi School Fiesta
against any and all claims that third parties may bring against Hi School Fiesta
in connection with its acts or omissions.
Hi School Fiesta shall not be obliged to
intervene in any disputes to which it is not party, with the exception of
article 11. Including but not limited to disputes between Participants and
disputes between Participants and visitors.
Any liability of Hi School Fiesta is limited
to the amount paid out under the terms of Hi School Fiesta’s liability
insurance, provided always that, in the absence of cover, Hi School Fiesta’s
liability is limited to the Participation Costs owed by the Participant on the
basis of his application.
14 -
NON-PERFORMANCE
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 Hi School Fiesta , Hi School Fiesta 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 event
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 organized; 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 Hi School Fiesta’s right to
claim full compensation for any loss or damage suffered and/or yet to be
suffered.