IACF eBooklet - Manual / Resource - Page 12
Terms & Conditions
1. Definitions
1.1) In this contract the following definitions shall have the
following meanings:
“the Contract” The agreement between the Organiser and the
Exhibitor comprised by these terms and conditions (with any
modification as may be agreed in writing) and the booking form
(if used). Telephone bookings are accepted subject to these
terms and conditions.
“the Authority” The relevant District or County, Council or
Metropolitan Borough Council; the relevant Fire Brigade; the
relevant Police Department; the Home Office, HM Customs &
Excise and any other relevant Government Department or body
or any other competent authority having jurisdiction in respect
of the locality in which the Fair Venue is located or any activity
connected with the Fair.
“the Charges” The total fees payable for the Pitch or Pitches.
“the Fair” The Fair described on the booking form or for which
event the parties have agreed to contract.
“the Fair Venue” All the buildings, land, premises and facilities
located at the fair.
“Fair Manager” The person or persons so designated by the
Organiser.
“Exhibitor” The person named on the booking form or the
person allocated a Pitch.
“the Pitch” Shall, unless otherwise specified, include any stand
or space only site or other area made available and allocated
to the Exhibitor.
“the Organiser” iacf together with all its personnel and agents.
“the Owner” All persons having any proprietary right or interest
in or over the Fair Venue (or any part thereof) from whom the
Organiser must obtain the right and necessary consent or
approval to use the Fair Venue for the Fair.
“Person” Includes any individual, company, sole trader,
partnership or other legal entity.
1.2) Clause headings in these terms and conditions are for
ease of reference only and shall not be taken into account in
construing these agreements.
2. Compliance with requirement with the Authorities and
the Law.
2.1) In addition to these terms and conditions, the Exhibitor
must comply with the requirements of the insurance policies of
the Owner and the Organiser and all other provisions in force
from time to time applicable to the Fair, the Exhibitor and/or any
of the sale goods, displays or services the Exhibitor wishes to
include in the Fair and where applicable with any regulations
issued by the Owner in force at the time of the Fair.
2.2) Exemptions from any of the terms and conditions may be
granted at the Organiser’s discretion. No exemption given by
the Organiser will be effective unless it is in writing.
3. Nature of the Contract
3.1) No Pitch will be reserved or treated as allocated and no
Contract shall exist until the Exhibitor has paid the charges in
full.
3.2) The Contract constitutes a licence and not a tenancy. The
Organiser reserves the right at any time to make such alterations
to the plan of the Fair as may, in its opinion, be necessary in the
best interests of the Fair as a whole.
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4. Organiser’s liability - cancellation of the Fair, force
majeure etc
4.1) The Contract shall continue in full force and effect and the
Organiser shall be under no obligation to repay the Charges
paid or payable by the Exhibitor and shall be under no liability to
the Exhibitor whatsoever as the result of the happening of any
of the following events:
(a) the Fair being abandoned, cancelled, postponed, suspended
(in whole or in part) or otherwise adversely affected by reason
of any act of God, war, fire, flood, emergency, drought, labour,
dispute, trade dispute, terrorist act, threat of terrorism, strike,
lock out, civil disturbance, accident, the non-availability of the
Fair Venue or any other cause not within the Organiser’s control;
(b) any changes in requirements of any Authority or the Owner
in respect of the Fair;
EXHIBITORS ARE URGED TO SEEK APPROPRIATE
INSURANCE COVER IN RESPECT OF THE CONSEQUENCES
OF THE FOREGOING RISKS.
4.2) The Organiser shall be entitled to exercise all or any of the
rights, powers or discretions conferred on it by these terms and
conditions without assigning any reason and (unless otherwise
provided) in such a manner as, in the Organiser’s view, is in the
best interests of the Fair. In no circumstances shall the exercise
by the Organiser of any of these rights, powers or discretions
give rise to any claim against it.
4.3) The Organisers reserve the right to change the dates and/
or location of a fair.
5. Exhibitors’ liability on cancellation
5.1) All requests for cancellation must be submitted to the
Organiser in writing and depending on when the same is
received by the Organiser:
(a) Pitch cancelled before due date for cheque presentation or
credit card authorisation: no charge;
(b) Pitch cancelled after 1 calendar month before the fair or due
date for cheque presentation/credit card authorisation:
NO REFUND OR CREDIT WILL BE GIVEN;
5.2) Pitch booked after the 1 calendar month payment date
will not receive any refund or credit should they cancel their
booking.
6. Entitlement to occupy the Pitch
In no circumstances will any Exhibitor be permitted to occupy
a Pitch if the Charges have not been paid in full. Should any
Exhibitor be prevented from occupying its Pitch for this reason
the whole of the Charges due under the Contract shall be
recoverable forthwith by the Organiser. The Organiser shall be
entitled to utilise the Pitch allocated to such an Exhibitor in such
a manner as the Organiser thinks fit.
7. Use of Pitch/no sub-letting etc
The Organiser reserves the right to refuse to admit or to expel
from the Fair Venue any Exhibitor who utilises a Pitch for a
purpose which (in the opinion of the Organiser) is inconsistent
with the integrity of the Fair as an Antique and Collectors Fair.
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