1. Definitions and interpretation
(i) In these Conditions the following definitions apply:
|the Charges||an amount of £200 (+ VAT) for Derby, Wigan and York events, and £250 (+ VAT) for London payable by the Exhibitor to the Organiser to reserve a Space at the Exhibition;|
|Contract/Conditions||means the terms and conditions set out in this document;|
|Exhibition Booking Confirmation||a confirmation receipt issued by the Organiser to the Exhibitor to confirm the allocation of a Space at the Exhibition which shall include a print at home badge/pass, date, time and venue of the Exhibition|
|Exhibitor||means any person firm or company who has made application for and who has been granted a Space at the Exhibition|
|Exhibition Services||means services which are inclusive within the m² space rate such as publicity material, security, cleaning, traffic management, exhibition catalogue listing and any other services which the Organiser may from time to time offer at their discretion|
|Exhibition||Exhibition means Rail Infrastructure Networking (RIN);|
|Organisers||means Jobson James Rail which is a trading name of Aston Lark Limited|
|Force Majeure||means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott, but excluding the Exhibitor’s inability to pay or circumstances resulting in the Exhibitor’s inability to pay|
|Intellectual Property Rights||means patents, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply for and be granted) renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;|
|Space||means the area in the Exhibition applied for or allotted to the Exhibitor including any fixtures and fittings thereon|
|Visitors||means persons visiting the Exhibition|
|Vulnerable Persons||means persons under the age of 18; and people who need or may need care services because of mental or learning disability, other disability, age or illness, pregnant women and those who are, or may be, unable to take care of themselves or unable to protect themselves against harm|
(ii) In these Conditions, unless the context requires otherwise:
No stand will be reserved or treated as allocated and no binding Contract shall exist until the Exhibitor has paid the Charges to the Organiser and has received the Exhibition Booking Confirmation.
The Contract constitutes a license to exhibit and not a tenancy. The Organiser reserves the right at any time to make such alterations to the floor plan of the Exhibition as may in its opinion be necessary in the best interests of the Exhibition and to alter the shape, size or position or space allocated to the Exhibitor (including reciting of the features). If, as a result, the space allocated to the Exhibitor shall be reduced, a proportionate allowance will be made to the Exhibitor by adjustment of the Charges. No alteration to the space allocated will be made in such a way so as to impose on the Exhibitor any greater Charges than those agreed in the Contract.
In case of non-payment of any sum due from the Exhibitor (whether formally demanded or not) or of any other breach or non-observance by the Exhibitor of any of these Terms and Conditions the Organisers shall have the right to revoke his licence and re-enter upon the allotted space to remove and exclude the Exhibitor and all persons therefrom without prejudice to the right to recover all sums payable by the Exhibitor hereunder and without prejudice to any other right or remedy available to the Organisers.
If the Organiser does not receive full payment of Charges in cleared funds by the date of the, the Organiser may, at its discretion:
Each Exhibitor is responsible for settling all accounts for charges and expenses incurred in connection with the Exhibition, which are initiated by him, his agent, representative or contractor and must discharge all such liabilities forthwith when called upon to do so.
4. EXHIBITOR CANCELLATION/REDUCTION OF SPACE
5. ORGANISER CANCELLATION OF EXHIBITION AND FORCE MAJEURE
For the avoidance of doubt any contract between the Organisers and the Exhibitor for space is only for the area of such space and no allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement warranty or representation by the Organisers that the Exhibitor is entitled to exhibit at the Exhibition in such particular location and the Organisers reserve the right without being required to give notice to the Exhibitor to alter the layout of the Exhibition floor plan or position of any stand at any time.
7. BADGES / PASSES
8. OCCUPATION OF SPACE
The Exhibitor must occupy the space allotted to him by show opening time on the first day of the Exhibition. Any Exhibitor failing to do so will be deemed to have cancelled his space booking. In this event the Terms and Conditions relating to Cancellation will apply and the Organisers may resell or reallocate such space.
9. EXHIBIT PROFILE/REMOVAL OF EXHIBITS
Only exhibits pertaining directly to the Rail Infrastructure Industry will be allowed. The Organisers reserve the right to have removed from the hall any exhibit or item complementary to an exhibit not conforming in their opinion to this clause.
The Organisers reserve the right to require the Exhibitor to remove any exhibit or category of exhibit if the Organisers in their absolute discretion consider that the same is libellous of an obscene nature or may infringe the rights of any third party or which the Organisers consider in their absolute discretion to be undesirable or detrimental to the Exhibition, other exhibitors or the general commercial interests of the Organisers or any associated company.
The Exhibitor shall not be entitled to assign sublet or grant licences in respect of the whole or any part of the Space allocated to him, or assign or otherwise deal with his rights and obligations hereunder nor may any cards advertisements or printed matter of persons who are not bona fide Exhibitors be exhibited or distributed on any stand. This shall not apply to persons firms or companies being subsidiaries agents or principals of the Exhibitor at the time of booking. The Organisers shall be entitled to assign the benefit (subject to the burden) of the contract for space without notice to or consent from the Exhibitor.
11. CONDUCT OF EXHIBITORS AND VISITORS
12. ERECTION OF STANDS ON SPACES
No Exhibitor will be permitted to display any exhibit in such a manner as in the opinion of the Organisers obstruct the light or impede the view along the open spaces or gangways or to occasion inconvenience or otherwise affect the display of other exhibitors.
Exhibitors must provide the organisers with full details of their stand contractors and sub-contractors. Exhibitors must also ensure their contractors and sub-contractors are aware of and comply with all Terms and Conditions and Rules and Regulations for the exhibition as issued from time to time by the Organisers.
13. FIRE PRECAUTIONS AND EVACUATION
All materials used for building, decorating or covering stands must be of non-flammable material. Exhibitors must comply with all instructions and evacuation procedures given by the relevant authorities and Organiser to avoid the risk of fire and deal with instances of fire at the Exhibition. An Exhibitor committing a breach of any of the above provisions will be liable for all claims; loss and damage thereby caused and will indemnify the Organiser in respect thereof.
The Exhibitor acknowledges that the Organisers shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Exhibition or the failure of any number of attendees to attend the Exhibition for any reason.
15. ELECTRIC POWER
The Organiser shall be under no duty to supply electric power for any Space at the Exhibition. In cases where electric power is available for use at the Exhibition, the Exhibitor shall ensure that all electrical installations on their Space comply with any statutory or local regulations or requirements to which the Exhibition may be subject.
16. FOOD AND DRINK
17. CAR PARKING AT THE EXHIBITION VENUE
The Exhibitor shall fully and effectually indemnify the Organisers against all costs claims demands proceedings and losses whatsoever made against or incurred by the Organisers as a result of the Exhibitor exhibiting advertising promoting selling or supplying any goods or services at the Exhibition and as a result of or in connection with the Exhibitor’s breach of any of the Exhibitor’s obligations under the Contract.
19. INSURANCE AND EXCLUSIONS
20. AFTER THE EXHIBITION
Exhibitors are responsible for the complete removal from the Exhibition of all exhibits, i.e. Stands built on space goods and materials used by them, together with all waste and rubbish, in accordance with the directions of the Organiser. Should any Exhibitor fail to remove any of the foregoing within the time stipulated by the Organiser, then the Organiser shall be entitled but not obliged to remove and dispose of such materials without liability to the Exhibitor, who shall be liable for and indemnify the Organiser in respect of all liabilities, costs and expenses thereby suffered or incurred and the Exhibitor shall also indemnify the Organiser in respect of any claim or liability suffered or incurred by the Organiser for failure to give possession of all or any part of the Exhibition hall to the owner on the due date.
21. DATA PROTECTION
By completing the Exhibition booking, the Exhibitor is consenting, under all relevant data protection legislation, to the Organiser communicating with Exhibitors by telephone, fax, email and by post and using its personal information for the following purposes, namely: for the Organiser’s internal purposes which will include accounts processing, internal analysis of Exhibitors, inviting Exhibitors to other events organised by the Organiser or its group, disclosure of information to contractors who provide services in respect of the Exhibition (including but not limited to shell scheme, security, registration, cleaning and freight contractors, caterers and electricians), disclosure to direct mailing contractors and disclosure or transfer of Exhibitor’s personal data to members of the Organiser’s group worldwide to allow the group to further develop its business and its services to Exhibitors. The Organiser may also pass Exhibitor details to third parties who provide goods and services likely to be of interest to Exhibitors. Please contact the Organiser in writing if you do not wish your personal information to be used in any of the ways mentioned above.
22. INTELLECTUAL PROPERTY
Royal Mail Recorded Signed For
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, the parties.
No failure, delay or omission by the Contract in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
The Exhibitor shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.
27. THIRD PARTY RIGHTS
Except as expressly provided for in clause Error! Reference source not found., a person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
28. GOVERNING LAW
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
Version last updated 1st March 2018
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