General conditions

GENERAL TERMS AND CONDITIONS OF THE EUROPEAN FLOOR & WALL EXHIBITION

SECTION 1: DEFINITIONS

In the context of these general terms and conditions the terms below have the following meanings:

  • Acceptance: The decision made by FFI and communicated in writing to candidate exhibitors that they have been accepted as an exhibitor at the exhibition after submitting an application to take part and dependent on the condition that the exhibitors abide by the general terms and conditions.
  • FFI: The organiser of the exhibition, namely the private limited company BVBA FFI, with its headquarters at Kasteelstraat 17, 9870 Zulte-Olsene, Belgium, company number 0460480576.
  • Building: The property in or around which the exhibition is organised.
  • Candidate exhibitor: The natural or legal person, trader, manufacturer or producer or their general agent or retailer, or any association, agency, or institution that has expressed its desire to take part in the exhibition by submitting its application to FFI.
  • General terms and conditions: These general terms and conditions.
  • Price terms and conditions: The prices which apply to the candidate exhibitor's application submission and its participation in the exhibition and which are attached to the application or to any other business document. Prices do not include VAT.
  • Opening date of the exhibition: from 13 to 15 March 2016, meaning that in the event of a preliminary opening this date will still be regarded as the official opening date of the exhibition.
  • Application form: The exhibition application form sent by FFI to the candidate exhibitor. The candidate exhibitor fills in this form as required and submits it to FFI.
  • Exhibitor: The candidate exhibitor whose application to take part in the exhibition is accepted by FFI.
  • Exhibition: The European Floor & Walls Exhibition, which is organised by FFI and, amongst other things, is designed to bring both exhibitors and visitors into direct contact with each other and to promote trade by offering exhibitors an effective setting to make contact with the market and offering visitors a good opportunity to keep themselves abreast.
  • Artexis: Owner/Lessor of the building in or around which the exhibition is organised, namely the public limited company NV Artexis, with its headquarters at Maaltekouter 1, 9051 Gent, Belgium, company number BE 0427.328.649.

The Dutch text prevails in case of discussion.
The terms defined in this section have the same meaning in the singular and plural.

SECTION 2: APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

2.1 These terms and conditions apply to all duties from the agreement between FFI and the candidate exhibitor/exhibitor on the submission of the candidate's application, the handling of the application by FFI, and, if applicable, the acceptance of the candidate exhibitor and its participation as an exhibitor at the exhibition.
2.2 In their relations with FFI, the candidate exhibitor explicitly renounces its own general terms and conditions, even if they are drawn up later than these general terms and conditions.

2.3. Any deviation from the general terms and conditions must be agreed explicitly in advance in writing and signed by FFI in order to be valid..
2.4 In submitting its signed and duly completed application to FFI, the candidate exhibitor declares explicitly that all contractual relations between itself and FFI regarding the exhibition are governed by these general terms and conditions.

SECTION 3: APPLICATION

3.1 FORMALITIES

Applications to take part in the exhibition must be submitted using the document drawn up by FFI. This application form must be duly completed, signed, and submitted in its original form by the candidate exhibitor. Other documents will not be considered. The same applies to application forms which include any proviso. This means that, if a candidate exhibitor adds terms and conditions to its application form, these will not be enforceable against FFI and, therefore, will not form part of the contractual framework between FFI and the candidate exhibitor regarding their application and, if applicable, its participation in the exhibition.

3.2 LEGAL VALUE OF THE APPLICATION FORM

The submission of the application form by the candidate exhibitor forms a binding and irrevocable proposal on its part to take part in the exhibition under the required terms and conditions. These terms and conditions are stated in the general terms and conditions, the price terms and conditions, their application form, and any other contractual document regarding the exhibition which binds them to FFI. Any later changes or revocation of the application will be regarded as a unilateral cancellation by the candidate exhibitor and will be governed by the stipulations in section 6. The candidate exhibitor's duly completed application is registered initially by FFI and assessed on the basis of the criteria stated in section 4.

3.3 NON-TRANSFERABILITY

The application, duly completed by the candidate exhibitor, and the later acceptance of the application by FFI are not transferable by the candidate exhibitor unless FFI grants its prior written consent.

If such consent is granted, the transferring candidate exhibitor or exhibitor remains jointly and severally and indivisibly liable, together with the acquiring candidate exhibitor or exhibitor, for the duties which arise from the submitted application and the acceptance thereof.
By contrast, the application, duly completed by the candidate exhibitor, and its later acceptance by FFI can be transferred by FFI in the event of the transfer of the exhibition by FFI. Moreover, FFI has the right to transfer or subcontract all or some of its rights and/or duties which arise from its contractual relations with the candidate exhibitor/exhibitor.

SECTION 4: ASSESSMENT OF THE APPLICATION AND ACCEPTANCE OR REJECTION OF THE CANDIDATE EXHIBITOR

The application is assessed by FFI or a selection committee set up by FFI.

4.1 SELECTION CRITERIA
All applications submitted by various candidate exhibitors pass through a selection procedure in which the following criteria (not definitive) are important:
The availability of different exhibition rooms, the balanced spread of the exhibition content, the similarity in orientation of the candidate exhibitor to that of the exhibition, the quality of the products, and such like.

4.2 CIRCUMSTANCES WHICH JUSTIFY A REJECTION
FFI can, if necessary, and on the basis of the conclusion reached by its selection committee, reject an application in one of more of the following cases:
1/ The application is not compatible with one or more of the criteria stated in section 4.1.
2/ The candidate exhibitor fails to abide by one or more of its duties which arise from the submitted application.
3/ The candidate exhibitor has failed to abide by one or more of the duties which it had towards FFI.
4/ The candidate exhibitor's activity bears little or no relation to the aims or purposes of the exhibition.
5/ The candidate exhibitor endangers the good order of the exhibition or the moral or material authority of the exhibition or FFI, or threatens to do so. The candidate exhibitor fails to abide by the criteria for the design and decoration of the location and the stand, as specified by FFI in the exhibitors' manual, and presents products and brands other than those which it had presented in the application.
6/ The building owner or operator opposes the acceptance of the candidate exhibitor.

4.3 CONSEQUENCES OF THE REJECTION
FFI notifies the candidate exhibitor in writing that its application has been rejected. A rejection cannot have any consequences for FFI and FFI cannot under any circumstances be held liable and obliged to pay any compensation whatsoever, whether it is a matter of direct, indirect, incidental, or any other loss.

4.4 ACCEPTANCE
FFI notifies the candidate exhibitor in writing that its application has been accepted. This notification by FFI constitutes the sole acceptance of the candidate exhibitor.
In accordance with section 5.1.1, this acceptance means that all amounts owed and stated in section 5.1.1 are immediately due and payable, even if the exhibitor later cancels its participation for any reason whatsoever or if the exhibitor decides to reduce the space which it originally applied for. FFI is entitled to disregard an accepted application until the advance bill and the surplus invoice which followed this acceptance are paid in full by the accepted exhibitor.

SECTION 5: FEES, METHODS OF PAYMENT, AND DEADLINES

5.1 FEES

5.1.1 The acceptance by FFI of the application submitted by the candidate exhibitor/exhibitor means that all the following sums become due and payable to FFI by the candidate exhibitor:
(I) The registration fee, including the premium for the insurance, which the exhibitor promises to take out pursuant to section 11.
(II) The venue availability costs.
(III) All other various costs stipulated in the prices terms and conditions and all other trade documents, whether they are mandatory, facultative, or pursuant to these general terms and conditions.
The amounts due pursuant to section 5.1.1 are referred to below as "the due amounts".
5.1.2. A request to change the invoicing address and/or any other amendment after the application has been submitted will incur a fixed administration fee of €55.00.
5.1.3 The due amounts and other amounts owed by the exhibitor on account of its participation in the exhibition generally, and as far as possible, result in the following three consecutive invoices:
(I) The advance payment invoice of 40% of all due amounts as soon as FFI has accepted (by means of the advance bill) the application submitted by the candidate exhibitor.
II) The surplus invoice of all due amounts at least ninety days before the official opening date of the exhibition (by means of the surplus invoice).
(III) The technical orders invoice at least thirty days before the official opening date of the exhibition.

If the application is submitted to FFI fewer than ninety days, but more than thirty days before the official opening date of the exhibition, the advance payment and the surplus are invoiced together as soon as FFI accepts the candidate exhibitor's application. Technical orders are then invoiced immediately after the order.

If the application is submitted to FFI fewer than thirty days before the official opening date of the exhibition, the advance payment, the surplus, and the technical orders are invoiced together as soon as FFI accepts the candidate exhibitor's application.

5.2 PAYMENT OF THE VARIOUS AMOUNTS

5.2.1 Invoices issued by FFI are payable in cash and with no discount by bank transfer to the FFI headquarters.
5.2.2 Any complaints relating to an invoice must be submitted in writing within eight days of receipt or otherwise they will be inadmissible.
The invoice date is the valid date of receipt unless there is evidence to the contrary.
5.2.3 In the event of non-payment, the expired invoices earn legal interest of 12% per annum without the need for prior demand. Moreover, in the event of full or partial non-payment of the debt by the expiry date without good reason and after no response to notice of default, the due amount increases by statutory damages of 15%, with a minimum of €125.00 and a maximum of €5,000.00, and any other open invoices are due and payable.
5.2.4 Moreover, FFI is entitled to disregard an accepted application until the exhibitor whose application has been accepted has paid all its invoices in full.
5.2.5 The occupation of the venue and the stand by the exhibitor is dependent on the full payment of all due amounts and other amounts which are owed to FFI, including any surcharges. Likewise the due observance of technical additions ordered by an exhibitor is dependent on the full payment of all amounts owed to FFI by this exhibitor and the prior payment of the invoices which correspond to these orders.

SECTION 6: CANCELLATION OF PARTICIPATION BY THE EXHIBITOR OR REDUCTION IN THE REQUESTED SPACE

6.1 Without prejudice to the stipulations of section 3.2, an exhibitor must notify FFI by registered letter of its cancellation or any reduction in the space originally requested in its application, regardless of whether or not this cancellation or reduction occurs before or after the acceptance of the application by FFI.

6.2 Depending on the relevant case, such a cancellation or reduction results in the exhibitor being obliged to pay compensation of the following amounts of various sorts, subject to proof of greater loss:

- If the cancellation or reduction is announced at least 180 days before the opening date of the exhibition, the exhibitor shall be obliged to pay 40% of the sum stipulated in the contract as compensation on account of unilateral cancellation.

- If the cancellation or reduction is announced fewer than 180 but at least 90 days before the opening date of the exhibition, the exhibitor shall (still) be obliged to pay the full sum stipulated in the contract as compensation on account of unilateral cancellation.

- If the cancellation or reduction is announced fewer than 90 days before the opening date of the exhibition, the exhibitor shall be obliged to pay a sum equal to 120% of the sum stipulated in the contract as compensation on account of a unilateral cancellation and because of the additional loss caused to FFI due to the late cancellation or reduction.

- If FFI is not notified of the cancellation or reduction, the exhibitor shall be obliged to pay a sum equal to 150% of the sum stipulated in the contract as compensation on account of unilateral cancellation and because of the additional loss caused to FFI due to the failure to abide by this procedure.

SECTION 7: SUBLETTING/TRANSFER

Subletting or transfer, in any form whatsoever, even if it is free, temporary, or partial, of any right in connection with the exhibition which arises from the contractual relation between FFI and the exhibitor is strictly prohibited. The exhibitor declares and acknowledges that the interests of FFI and the smooth course of the exhibition are compromised by the presence during the exhibition of an exhibitor which FFI does not know.

SECTION 8: LOCATIONS

8.1 ASSIGNMENT OF LOCATIONS

8.1.1 FFI alone stipulates the method of assignment of locations, which are allocated with due regard for the criteria mentioned in section 4.1. In general, no more than one location is allocated to one and the same exhibitor for the same item unless FFI has explicitly granted its prior written consent. Participation in a previous edition of the exhibition does not under any circumstances give any right to a particular location at a later edition of this exhibition.

8.1.2 An exhibitor can submit any properly motivated objections to FFI within eight days of the announcement by FFI of the allocated location. After becoming aware of this, FFI makes a substantiated decision in this matter. This decision is final and is communicated in writing to the exhibitor.
8.1.3 FFI reserves the right to move an allocated location, change its form, or move one or more of the locations allocated to an exhibitor or group of exhibitors to one or more other locations if reasons of general organisation require it. The exercise by FFI of such a right does not under any circumstances give rise to any sort of compensation for the benefit of the exhibitor. FFI cannot be held liable for a decision made by the building owner or operator whereby a location is changed or its appearance is changed.

8.2. EXHIBITION PLAN

8.2.1 FFI hands over to the exhibitor a plan from the building owner or operator. This plan is handed over to the exhibitor for information purposes only and FFI cannot be held liable for differences between dimensions on this plan (which are purely indicative) and the actual dimensions of the location. It is up to the exhibitor to make sure that the allocated location corresponds to the description in the exhibition plan.
8.2.2 All dimension errors in the demarcation on the stand space must be communicated orally to FFI followed by written confirmation by the time that the exhibitor designs its stand at the latest.

8.3. THE OCCUPATION

8.3.1 Admission to occupation by an exhibitor to the allocated location is dependent on the full and prior payment of all amounts due with regard to participation in the exhibition.

If a location is not occupied one day before the official opening date, this will be regarded as a unilateral cancellation by the exhibitor and FFI is entitled to use this location as it sees fit without having to inform the exhibitor in question in advance. In such cases FFI is not obliged to pay compensation, whereas the exhibitor has to pay FFI compensation pursuant to section 6.2.

In the event of a room not being designed/decorated entirely in line with the dossier which had been submitted to FFI, FFI can impose extra costs on the exhibitor for lighting, supervision, and maintenance on top of other costs which arise from this late design.

8.3.2. All possible faults or defects in a location must be reported to FFI immediately in writing. If this is not done, the exhibitor is presumed to have received its allocated location in perfect condition and in line with the requirements of its activities at the exhibition. Any random damage or degradation which is discovered later, either during the exhibition or after the exhibitor has dismantled its stand, is considered to have been caused by the exhibitor, which is solely liable.

8.4 USE OF THE LOCATION

The exhibitor appoints a representative, who is responsible for the location allocated to the exhibitor as soon as it is occupied. This representative is still responsible for the location throughout the entire exhibition until the final dismantling of the stand. The location has to be open and ready to welcome visitors from the official opening date of the exhibition and cannot be closed until the exhibition closes.

8.5 DESIGN INSTRUCTIONS
The exhibitor whose application is accepted submits to FFI a dossier which includes a measurement sketch. Amongst other things, it must be clear from this dossier what the design concept of the stand is and that the neighbouring stands and the general design of the exhibition will not experience any inconvenience from the stand. FFI reserves the right to refuse to allow an exhibitor to occupy a location until that location is designed in line with the dossier submitted to FFI and after account is taken of any comments by FFI. Moreover, FFI reserves the right to remove or modify any designs or other installations, which obstruct the general design of the exhibition, the neighbouring exhibitors, or the public or which do not generally correspond to the dossier submitted in advance.

8.6 DISMANTLING OF THE LOCATION

A location cannot be dismantled until the commencement of a dismantling period which is announced in advance and this must be completed within that period, subject to the right of FFI to impose tighter deadlines. The dismantling is carried out solely by the exhibitor on its sole responsibility and at its sole expense. The dismantling is not considered to be complete until the location is restored to its condition before the occupation by the exhibitor. Any exhibitor which fails to dismantle its location within the imposed deadlines is punished with a fine of €1,000.00 per day, subject to proof of greater loss.

SECTION 9: EXHIBITED PRODUCTS, ITEMS, WORK, AND TOOLS

9.1. Exhibitors are allowed to exhibit only those products, items, work, and tools listed in their application.
9.2. The following elements are prohibited at the exhibition and in and around the building:
Any dangerous products, substances and goods, explosive and inflammable substances, and anything which, in the view of FFI, can cause any nuisance. FFI reserves the exclusive right to exercise judgement on the hazardous or irksome character of the products, as well as to have such products removed at the exhibitor's expense, without prejudice to the right of FFI to exclude the exhibitor pursuant to section 12.
9.3.1. Exhibitors shall abide by all legal and other safety measures and preventive measures with a view to guaranteeing the safety of visitors and staff.
9.3.2. The exhibited products, items, work, and tools must not be taken outside the walls of the building during the exhibition unless FFI grants its written consent, referred to as an "export licence".
9.3.3. FFI reserves the right to check the origin of the exhibited products, items, work, and tools and to make sure that they are listed in the application. If necessary, FFI reserves the right to remove products, items, work, and tools from the exhibition if permission has not been requested and granted according to the required form, without the exhibitor being entitled to exercise any right of recourse against FFI or hold FFI liable for any kind of compensation.
9.3.4. The exhibitor bears sole liability for any accident which could occur regarding the products, items, work, and tools which are exhibited or as a result of demonstrations of the apparatus which it exhibits or deploys, without FFI being held liable in any way. The exhibitor is obliged to indemnify and/or safeguard FFI against any request for compensation in principal, interest, and costs, which are related to the occurrence of such an accident.

SECTION 10: GENERAL STIPULATIONS

10.1 PROHIBITIONS RELATED TO THE EXHIBITOR'S PARTICIPATION IN THE EXHIBITION

The exhibitor is strictly forbidden:

  • To hand out samples, circulars, pamphlets, or adverts (on the occasion of the exhibition) or give irksome or other demonstrations in any manner whatsoever, which could cause a nuisance to neighbouring exhibitors or visitors or could damage the reputation, image, or success of the exhibition.
  • To put protruding objects on the outside of the allocated location.
  • To use audio-visual apparatus in such a way that the messages proclaimed or shown could be heard or seen in one of more neighbouring locations.
  • To paint or stick posters on the inner or outer walls of the rooms, pillars, balustrades, and such like.

10.2 FIRE SAFETY MEASURES
The exhibitor is strictly prohibited from using gas in bottles or tanks within the walls of the building. Any inflammable material which is part of the design of a location must be made flame-retardant. FFI is entitled to take any beneficial measures at the exhibitor's expense and the exhibitor shall be liable in the event of damage. Delegates from the fire service in the city where the building is located can carry out inspection visits and any exhibitor which infringes the prevailing regulations can be excluded immediately by FFI pursuant to section 12.

10.3 MAINTENANCE OF THE LOCATION
The exhibitor bears sole liability for the maintenance of its location. If it emerges, however, that cleaning and/or repair work are necessary (such as the removal of waste, the removal of stains, and the replacement of tiles), this is charged at cost price to the liable exhibitors. The liable exhibitors pay these costs immediately at the request of FFI.

10.4 STAFF OF THE EXHIBITOR
In accordance with Belgian social security legislation, the exhibitor bears full liability for maintaining a register at its location of the staff which it employs, meaning that the exhibitor is obliged to abide by all the stipulations of the security legislation which apply to its staff. The exhibitor must insure its staff adequately for industrial accidents and must ensure that this also applies to the staff of any of its subcontractors. Therefore, FFI cannot be held liable under any circumstances for any industrial accident in which the staff of the exhibitor or any subcontractors are the victims.

10.5 WATER, ELECTRICITY, and TELEPHONE
Any connection to the water supply and the relevant appliances must meet the prevailing regulations. Connections via bendable pipes are prohibited. Electricity is provided by the technical services of the building. Exhibitors must apply for a telephone connection at least one month before the official opening date.

10.6 CONSTRUCTION AND DISMANTLING HOURS
Exhibitors are obliged to abide by the construction and dismantling hours which are communicated to them by FFI.

10.7 CATALOGUE
FFI is solely entitled to issue the exhibition catalogue. Exhibitors must transfer the information which is intended for the catalogue to FFI in good time. FFI has the right to amend the information and the texts submitted and exhibitors have no right of appeal. FFI cannot be held liable for errors in the texts and/or translations which are included in the catalogue.
FFI is the sole holder of copyright and other rights of intellectual ownership of the catalogue which it publishes. Consequently, the reproduction or notification of the entire catalogue or part of it to the public without the prior written consent of FFI is prohibited.

10.8 PHOTOGRAPHS, ILLUSTRATIONS, AND OTHER GRAPHIC ELEMENTS
The exhibitor declares and guarantees that all photographs, illustrations, and other graphic and/or textual elements which it presents to FFI for inclusion in the exhibition catalogue or to be handed over to the press are free of all rights so that FFI is free to use, reproduce, pass on, transfer or exploit them in any way whatsoever. In the event of this not being the case, the exhibitor commits itself to discharge all rights from these photographs, illustrations, and other graphic and/or textual elements handed over to FFI and to indemnify FFI against any costs, damage, disadvantage, or loss which FFI could suffer due to the fact that those photographs, illustrations, and other elements handed over to FFI were not free of all rights. FFI reserves the right to take photographs during the exhibition and also during periods of construction and dismantling. It also reserves the right to use, reproduce, share, or exploit those photographs in any way whatsoever. Except in the case of a request to the contrary put to FFI by the exhibitor via a registered letter at least one month before the opening date of the exhibition, the exhibitor grants its consent and agrees to transfer to FFI definitively and free of charge any rights which it might have on those photographs. Photographic equipment and cameras which are brought by exhibitors, their representatives, or subcontractors are only permitted entrance with the consent of FFI. Only FFI or a third party appointed by FFI has the right to take photographs or to film during the exhibition and during the periods of construction and dismantling.

10.9 SMOKING PROHIBITION
Pursuant to the stipulations which apply by law, there is a general prohibition on smoking. Exhibitors must ensure that people in and around their space abide by this prohibition.

10.10 DISTRIBUTION OF FREE INVITATIONS
The distribution of free invitations at the salon entrance is prohibited as well as the use of invitations or admission tickets other than those produced by FFI.

SECTION 11: INSURANCE AND LIABILITY

11.1 The exhibitor is obliged to cover any civil liability which it might incur in relation to the exhibition by agreeing to register in a collective Insurance policy which Artexis has taken out on behalf of the exhibitors. In general, this policy covers any damage which the exhibitor might cause to the building, third parties, or property or possessions of third parties, according to the stipulations of this policy. In the event of damage, the exhibitor must provide Artexis and the officer appointed by Artexis with a written statement immediately of the circumstances which led to the damage.
11.2 Artexis also offers exhibitors the opportunity to take out insurance for their exhibited products, items, work, and tools via participation in a collective Insurance policy, an all-risk basic exhibition policy, which is taken out by Artexis on behalf of the exhibitors. In general, this policy covers the objects which belong to the exhibitors for theft and damage during the exhibition both day and night, according to the stipulations of this policy. In the event of damage the exhibitor must provide Artexis and the officer appointed by Artexis with a written statement immediately of the circumstances which led to the damage. In the event of theft the exhibitor must First report this to the police immediately and make a statement. If the exhibitor, before the invoicing of the technical orders by Artexis, fails to provide proof which is regarded as sufficient by the Artexis agent that it possesses suitable Insurance for the exhibited products, items, work, and tools, it will be obliged to register for the all-risk basic insurance policy presented by Artexis.
11.3 In order to benefit from the civil liability and all-risk basic exhibition insurance policy taken out by Artexis on behalf of the exhibitors, the exhibitor must fill in the order forms which are listed in the exhibitor dossier. As regards the all-risk basic exhibition policy, the exhibitor has to draw up an inventory of the goods which require cover under this insurance.
11.4. The exhibitor cannot benefit from this insurance until it has paid for all the related premiums in full. All costs which might have to be borne by Artexis because an exhibitor is not insured or due to the failure on the part of the exhibitor to abide by the stipulations by the exhibitor of the stipulations of section 11 must be repaid in full by the exhibitor.

11.5. The insured exhibitor must bear its share of the damage in the event of insufficient cover by those insurance policies.
The exhibitor has the opportunity at any time to take note of the cost price, cover, terms and conditions, restrictions, exclusions, and any franchises of those Insurance policies presented by Artexis simply by asking Artexis for the details.
FFI points out that FFI does not act as a fellow insurer, insurance agent, or intermediary.
11.6. Apart from the participation of the exhibitor in the all-risk basic exhibition policy, the exhibitor states and acknowledges unconditionally and irrevocably that, in the event of theft, accident, or damage, it will renounce any claim or any recourse against FFI, the owners, operators, or users of the building, subcontractors and participants at the exhibition, and the leaders, managers, or appointees of those entities or agencies, as well as persons or companies which are connected with those entities or agencies. Moreover, the exhibitor, both in its own name and in the name of its insurers for whom it acts as surety, explicitly renounces unconditionally and irrevocably any claim and right of recourse which it might be able to exercise against FFI, the owners, operators, or users of the building, subcontractors and participants at the exhibition, and the leaders, managers, directors, or appointees of those entities and agencies, as well as the persons or companies which are connected with those entities or agencies, on the basis of all legal stipulations or stipulations over and above the statutory minimum or on account of any damage which could be caused directly or indirectly to them or third parties. Both in its own name and in the name of persons authorised by it, the exhibitor commits itself to inform its insurers for damage, civil liability, and industrial accidents of its abandonment of right of recourse. In the event that FFI might not be able to rely (completely) on the exemptions from liability which are stipulated to its advantage in these general terms and conditions, the exhibitor recognises and accepts that the liability of FFI is limited to a maximum sum which corresponds to the sum of the amounts which has charged to the exhibitor for its participation in the exhibition.

SECTION 12: EXCLUSION

12.1 FFI reserves the right to remove an exhibitor from the exhibition with immediate effect and to terminate any contractual relation with the latter if this exhibitor fails to abide by the general terms and conditions or any other contractual stipulation which binds it to FFI. The fact is that in the following cases (not exhaustive) FFI can proceed to the exclusion of the exhibitor:

  • Failure on the part of the exhibitor to pay FFI a due sum.
  • Failure on the part of the exhibitor to abide by the prohibition on subletting or transfer.
  • Failure on the part of the exhibitor to show due regard for the stipulations which include rules regarding safety or the nature of the exhibited products, and so on.
  • The occurrence of one of the circumstances mentioned in section 4.2.

12.2 Likewise FFI reserves the right to remove an exhibitor from the exhibition with immediate effect and to terminate any contractual relation with the latter if the exhibitor goes bankrupt, becomes insolvent, or tacitly or explicitly acknowledges that it is unable to meet its debts. If FFI does not proceed to such an exclusion and/or the curator decides to use the location which had been allocated to the exhibitor, the curator is forbidden to sell the exhibitor's products at lower prices than the prices which the exhibitor applied before the date of its bankruptcy.
12.3 The exclusion of the exhibitor does not in any way affect the demandability of the total amounts which the exhibitor owes on the basis of section 5.
12.4 If the exhibitor refuses to leave the location voluntarily, FFI can proceed to a forced exclusion at the exhibitor's sole expense.
12.5 In addition to the exclusion of the exhibitor, FFI is entitled to claim compensation from the excluded exhibitor for any damage which FFI might have suffered on account of the facts which led to the exclusion, such as compensation for indirect damage or moral damage, including the degradation of the image or good name of FFI or the exhibition.
12.6 In the event of exclusion, the exhibitor cannot claim any reimbursement from FFI or any compensation whatsoever for any damage which the exhibitor has suffered due to its exclusion.

SECTION 13: CIRCUMSTANCES BEYOND ONE'S CONTROL

The following are regarded as circumstances beyond one's control: fire, war, natural disasters, government measures, decisions regarding the exhibition by the building owner or operator which make it considerably more expensive and/or impossible to use the location and organise the exhibition, and all other cases or situations which make it considerably more expensive and/or impossible to use the location and organise the exhibition.
In the event of circumstances beyond one's control, FFI has the right to suspend contractual relations with the exhibitor for the duration of those circumstances i.e. to dissolve contractual relations fully or partially at any time and with immediate effect, without being bound to indemnify the exhibitor. In the event of circumstances beyond one's control, the sums paid by the exhibitor stay in the hands of FFI, so that FFI is not bound to any reimbursement or compensation.

SECTION 14: CANCELLATION OF THE EXHIBITION

In the event of FFI deciding not to organise the exhibition and/or to cancel for an arbitrary reason, which nonetheless does not form any case of circumstances beyond its control on its part, FFI owes only the repayment of half of the already collected advance payments and invoices to the exhibitor, without the exhibitor being able to make a claim to any rights to compensation for any reason whatsoever.

SECTION 15: APPLICABLE LAW AND AUTHORISED COURT

The application, interpretation, and implementation of these general terms and conditions is governed solely by Belgian law.
Any disputes between FFI and the exhibitor are adjudicated solely by the authorised law courts of the judicial district of GHENT.