1. In these conditions, save as the context otherwise requires
a. “Applicant” –means a sole proprietorship, partnership or limited company applying to exhibit at the exhibition.
b. “Booth(s)” –means the licensed space..
c. “General Terms and Conditions” –means these General Terms and Conditions of application and exhibition rules and regulations as amended from time to time by the organisers.
d. “Exhibitor/Exhibitors” – - means a sole proprietorship, partnership or limited company applying to exhibit at the exhibition whose application to exhibit at the exhibition has been accepted by the Organiser in the form of a written confirmation (referred to as “Booth confirmation”) and has paid full participation fee.
e. “Exhibition” –means the Exhibition to be organised by the organisers as specified in the application form.
f. “Exhibition Venue” –means whichever venue is indicated in the application form.
g. “Organiser” – means Messe Frankfurt (HK) Ltd. – which as promoters and organisers are responsible for the regulation and control of all aspects of the exhibition.
h. “Publicity Material” – means the promotional gifts, catalogues, pamphlets and any advertising and publicity material whatsoever which an exhibitor wishes to display, distribute or use at the exhibition.
i. “Shell Booth(s)” – means the licensed space including all of the fixtures, fittings and furnishings.
j. “Visitor(s)” –means those individuals who have registered as visitors for the fair as well as all journalists.
Eligibility for and Condition of Participation
2. The Organiser has absolute discretion in the admission of Applicants. Until an Applicant’s application has been accepted in writing by the Organiser, no rights to exhibit are granted notwithstanding payment or acceptance of the full payment submitted with the application. The Organiser reserves the right to decline any application without further explanation. The Organiser shall not be required to confirm receipt of the completed Exhibition application form. Nor shall confirmation of receipt of the completed Exhibition application form by the Organiser be considered as acceptance of the Applicant as an Exhibitor.
3. Violations of any of the General Terms and Conditions herein contained by an Exhibitor shall entitle the Organiser to exclude an Exhibitor from attending an Exhibition and to seek remedies for such damages caused by such violations.
4. Exhibition space is licensed strictly to the Exhibitors for trade promotion purpose allocated in a manner satisfactory to the Organiser both during assembly and installation of the Booth as well as at the Exhibition. The Organiser reserves the right to remove any items that the Exhibitors has placed in all or part of the space allocated to the Exhibitors at the Exhibitor’s expense without notice should they not be satisfied with the way space is used and dispose of all items cleared from the Exhibition space with no claim from the Exhibitors in respect of the items disposed of. No Exhibitor shall have any claim for any refund in respect of the space licensed, as provided in these General Terms and Conditions or any other monies paid.
5. The appropriate application fee/deposit which shall be non-refundable (save as provided in these General Terms and Conditions) must accompany each application. In the event that an Exhibitor fails to settle outstanding amount balances by the specified deadline set by the Organiser, the Organiser is entitled to withdraw the Booth confirmation, if any, by notice in writing to the Applicant and to exclude the Applicant from participating in the particular Exhibition. All deposit(s) already paid by the Applicant will be forfeited.
6. The Organiser reserves the right to demand additional, non-interest bearing deposit(s) at any time as a guarantee against actual or potential damage. The Organiser will notify the Applicant of any additional deposit(s) that may be required and the dates upon which such additional deposit(s) must be paid. Any failure on the part of the Applicant to make payment of any additional deposit(s) requested by the due dates will entitle the Organiser to withdraw the Booth confirmation by notice in writing to the Applicant and to exclude the Applicant from participating in the particular Exhibition. In such circumstances, all deposit(s) already paid by the Applicant will be forfeited. Such additional deposit(s) will be returned to the Applicant without interest within 60 days after the end of the Exhibition subject to the right of the Organiser to deduct the amount of any damage (if any) from the additional deposit(s).
7. In the event that an application is not accepted by the Organiser, the application fee/deposit paid shall be refunded without interest to the Applicant within 30 days from the date of notice of rejection of the application.
8. If an Applicant withdraws his or her application for whatever reason before receipt by him or her of a rejection of his or her application or after his or her application has been approved, he or she forfeits the application fee/deposit paid however any deposit(s) referred to in Clause 6 herein will be refunded.
9. The Organiser has absolute discretion in allotting space for Applicant’s Booth(s) or Shell Booth(s) and the location of such Booth(s) or Shell Booth(s). All decisions to such effect shall be final and no request for change will be entertained. No Exhibitor shall have the right to compensation for damages suffered by reason of change in Booth allocation or of alterations to a Booth after Booth confirmation has been issued; provided that an Exhibitor may withdraw its participation should the Organiser offer a Booth area less than fifty (50) percent of the sq metres/sq footage set forth in the Booth confirmation, in such circumstances the deposit(s) paid will be refunded.
10. The Exhibitors’ license to exhibit at the Exhibition and to use, the space or the Shell Booth(s) licensed to the Exhibitor is personal to the Exhibitor and shall not be transferred, assigned, subcontracted or shared with any third party regardless of the relationship between the third party and the Exhibitor without the written approval of the Organiser who shall be entitled to give or withhold such approval at its sole discretion.
Booth Construction and Shell Booths
11. The Organiser's requirements and approval procedures in relation to the Booth construction and provision of Shell Booths are detailed in the Exhibitors Manual which will be provided to the Exhibitors and will form part of these General Terms and Conditions.
Use of Site and Safety
12. Precautionary measures such as fences and guards or other means of protection must be taken by the Exhibitors to protect the public from any moving or working exhibit. Such moving or working exhibit shall only be demonstrated or operated by persons authorised by the Exhibitors and shall not be left running in the absence of such persons. Display of such working or moving exhibit must have the Organiser’s prior written approval.
13. The use of laser products at the Exhibition requires prior approval in writing by the Organiser. Application for approval of such must be submitted to the Organiser no later than two months before the opening of the Exhibition.
14. All audiovisual equipment must be sited and be of a noise level so as not to cause any inconvenience to other Exhibitors or Visitors. The Organiser reserves the right to appoint one or more exclusive audiovisual equipment supplier/s whereupon the Exhibitors shall be obliged to hire the equipment from such exclusive supplier/s.
15. No Exhibitor or Visitor shall engage in or permit filming, sound or video recording, telecasting and broadcasting at the Exhibition venue unless prior written approval is obtained from the Organiser.
16. No advertising or demonstration at the Exhibition, including the staging of any fashion shows, will be allowed at the Exhibition venue unless the Organiser’s advance approval in writing is obtained.
17. The Exhibitors are required to obtain all required permissions and authorisations from the local Government for any musical performance, including the use of music recorded for fashion shows and the Exhibitors will submit copies of the permission letters to the Organiser prior to the opening of the Exhibition.
18. The Exhibitors shall be responsible for the acquisition of the appropriate performing and reproduction rights.
19. Publicity materials may only be distributed from the Exhibitor’s own Booth or Shell Booth. No advertising, demonstration or canvassing for business may be carried out anywhere else within the Exhibition Venue. No exhibit or advertising signs shall be placed outside the confines of the Exhibitor’s Booth or Shell Booths. As such, no price tags indicating various prices of exhibit are allowed on display.
20. Gas-filled balloons will not be permitted at the Exhibition Venue under any circumstances.
21. Booths and Shell Booths must be manned by authorised and competent representatives of the Exhibitor at all times during the Exhibition. Such representatives must be fully conversant with the Exhibitor’s products and/or services and shall be duly authorised to negotiate and conclude contracts for the sale of the Exhibitor’s products or services. The Exhibitors shall procure that the representatives shall comply with these General Terms and Conditions and with any and all directions which the Organiser or its agents may give before or during the Exhibition.
22. During the Exhibition the Shell Booth shall be furnished with the exhibit which has been included in the application form submitted by the Exhibitor and approved by the Organiser and are within the product group specified in the application form; exhibit may not be removed from the Shell Booth or exchanged for other types of exhibit. During the hours of operation, articles accepted for display may not be concealed. The Organiser reserves the right to remove any exhibit of publicity materials at the Exhibitor’s expense which they consider in their absolute discretion to be hazardous, illegal, immoral, objectionable to the Organiser, do not conform to the standard and set-up of the Exhibition or do not fall within the exhibit description of the Exhibition.
23. The Exhibitor warrants that the exhibit and packages thereof and the publicity material do not in any way whatsoever violate or infringe any third party’s rights including trade marks, copyrights, designs, names and patents whether registered or otherwise, and agree to fully indemnify and keep fully indemnified the Organiser and its agents and contractors against all costs, expenses (including legal costs) and damages arising from any third party’s claim of infringement by the Exhibitor and/or the Organiser of such third party rights.
24. Booth assembling, Shell Booth installation and decoration must be carried out within the time limits specified by the Organiser and must in any case be completed by 8:00pm on the day preceding the Exhibition opening. The Organiser reserves the right to assemble, install or decorate any space which is not completed by that time at the Exhibitor’s expense.
25. Repairs or alterations to the Booth or displays may only be carried out after the Exhibition is closed to the public and with prior agreement of the Organiser.
26. No Booth or exhibit shall be dismantled or removed before the official closing time of the Exhibition on the last day of the Exhibition unless special permission has been given by the Organiser.
27. Full particulars of all personnel, agents or representatives of the Exhibitor must be submitted to the Organiser for approval and registration before they may be admitted to the Exhibition. As the personnel are approved by the Organiser (‘authorised personnel’) they will be issued badges for identification and admission purposes. The Exhibitor shall procure that authorised personnel:-
a. display their badges conspicuously whilst in the Exhibition Venue; and
b. do not pass their badges to other persons.
28. Trade buyers and other trade visitors shall be authorised to visit the Exhibition. In addition, the Organiser may declare the Exhibition to be completely or partially open to the general public.
29. The Organiser shall be entitled to carry out reasonable security checks at the entrance and to refuse entry where appropriate.
30. Visitors are required to wear the badges/stickers issued to them by the Organiser indicating that they are Visitors. Visitors may also be required to provided a business card and complete a registration form upon arrival.
Conduct in the Exhibition Venue
31. Exhibitors and Visitors are prohibited from bringing into the Exhibition Venue any hazardous or dangerous materials or objects which, in the sole discretion of the Organiser, poses a danger to the Exhibitors, Visitors and/or the operation of the Exhibition. Any and all dangerous or hazardous objects will be confiscated by the Organiser.
32. Exhibitors and Visitors shall not do, or permit anything to be done or omitted within the Exhibition Venue, which shall cause a disturbance, nuisance, annoyance, inconvenience, damage or danger to any person or property, or which in the reasonable opinion of the Organiser, which shall be final and conclusive, does not conform with a general standard of acceptable conduct of the Exhibition or is considered to be a breach of these General Terms and Conditions or applicable laws and regulations.
33. It is explicitly prohibited for Visitors to record images in any form while attending the Exhibition without the prior consent of the Organiser. Such prohibition includes and is not limited to, the taking of photographs, video recording of any type and drawing or sketching of images.
34. Any breach of these General Terms and Conditions by a Visitor will entitle the Organiser to require a Visitor to leave the Exhibition.
35. The Exhibitors may accept orders and commissions from trade buyers who shall furnish proof of their identity and may conclude purchase and service contracts to be put into effect outside of the Exhibition. The same applies to purchase of exhibit for delivery after the Exhibition has concluded.
36. Counter sales, i.e., the sale and handing over of goods (as well as the sale of food and refreshments) are prohibited at the Exhibition.
Advertising and Publicity
37. The Organiser shall arrange and be responsible for all publicity arrangements for the Exhibition and no Exhibitor, or its agent, shall give or cause any interview to be given, public announcement, press statement, or any other publicity whatsoever intended to publicise the Exhibition as a whole. An Exhibitor is entitled to publicise their participation in the Exhibition as long as the publicity does not relate to the organisation of the Exhibition as a whole.
38. Exhibitors and Visitors shall not disclose, appropriate or use and shall prevent its representatives from disclosing, appropriating or using any technical or confidential information regarding the business or affairs of the Organiser of the organisation or Exhibitor at the Exhibition acquired by way of the Exhibitor’s participation at the Exhibition.
39. The inside area of the Shell Booth may be used by an Exhibitor for advertising or publicity purposes, but only in respect of the exhibit there displayed.
40. The Organiser may issue directions or rules relating to the design of the areas outside of the Booths taking into account the overall theme of the event. An Exhibitor shall comply with such rules or directions.
41. No Exhibitor shall carry out publicity measures outside the boundary of their Shell Booth, on or in front of the Exhibition.
42. The following publicity measures are not permitted even within the Shell Booths:
- those constituting a breach of legal and administrative regulations or restrictions, particularly those of the fire department.
- those containing ideological or political subject matter.
- those disturbing to other Exhibitors, e.g., acoustic or optical irritations (flashing lights, moving screens, loudspeaker announcements, etc).
- those accumulating dust or litter.
- those interfering with the flow of visitors, especially causing congestion of the aisles.
- those comprising a decoration of the booths with flats, pennants, transparencies, etc.
- those including live animals as viewing objects.
- those constituting third party publicity, as well as any measures indicating names of suppliers, customers and other companies .
- those promotion events or exhibitions organised by persons other than the Organiser or one of its affiliates.
43. The use of the logos and the name “Messe Frankfurt” or of the events shall require the written approval of the Organiser.
Move-in and Move-out of Booth Materials and Exhibit
44. Exhibitors shall move-in to the Exhibition Venue according to the arrangements and within the time limits specified by the Organiser.
45. The arrangement and payment for transporting goods to and from the Exhibition Venue, receiving, decorating and removing its exhibit are entirely the responsibility of the Exhibitors.
46. No trolleys/dollies shall be allowed in any carpeted areas of the Exhibition Venue.
47. All exhibit, Booth materials and the like shall be removed immediately after the closing of the Exhibition according to arrangements and within the time limits specified by the Organiser. Any exhibit or Booth materials left behind at the Exhibition Venue shall be deemed abandoned and shall be disposed of by the Organiser at the expense of the Exhibitor concerned. All proceeds (if any) of such disposal shall be retained by the Organiser and no claim can be made against the Organiser in this regard.
48. The Organiser reserves the right to appoint one or more exclusive contractor(s) to handle the movement of all goods and exhibit in and out of the Exhibition Venue, whereupon the Exhibitors shall be obliged to hire the services of such exclusive contractor(s) at the sole cost of the Exhibitors.
Exclusion of Liability
49. The Organiser, its agents, representatives, contractors or employees shall not be liable in any way whatsoever with respect to loss, injury or other damages, other than death or personal injury caused by the negligence of the Organiser or their employees, suffered by or inflicted upon an Exhibitor, its representative, employees, contractors, its agents, products or other property of an Exhibitor or such parties or any Exhibitor or Visitor.
50. The Organiser shall not be responsible or liable in any manner whatsoever for the consequences of any introduction of commercial transaction made during or as a result of the Exhibition.
51. The Organiser shall not be liable to any Visitor for any loss of or damage to any of his or her property occurring (from whatever cause) in or about the Exhibition Venue nor for the death of or any injury sustained by any of the Visitors whilst on or leaving the Exhibition’s Venue (other than for death or injury resulting from the Organiser’s negligence to the extent this cannot be excluded or restricted at law (and then only to such extent).
52. The Exhibitors undertake to indemnify and at all times hereafter to keep indemnified the Organiser, its employees and agents on demand from and against all liability, action, proceedings, claims, damages, costs and expenses (including legal expenses) whatsoever which it may suffer or incur by reason of or in relation to the agreement hereunder or by any breach by the Exhibitor of those conditions or in relation to any claim made by a third party against the Organiser.
53. An Exhibitor shall be responsible for effecting adequate insurance which shall include (but not be limited to) his or her displays, exhibit and Booths against all loss or damage by theft, fire, public (including occupier’s liability) and any other natural causes, and shall produce such policy of insurance to the Organiser upon request.
54. An Exhibitor shall take out insurance policies to cover him or her against all potential liabilities imposed on it in these General Terms and Conditions as well as possible legal liability for negligence and shall produce such policy of insurance to the Organiser upon request. An Exhibitor is fully liable for any loss or damage caused by an act of omission of the Exhibitor or his or her representative, employees or agents to any property of the Exhibition Venue, other Exhibitor’s or the Organiser and shall produce such policy of insurance to the Organiser upon request.
55. A Visitor agrees that the Organiser shall not be held responsible to him or her for any products displayed or sold by an Exhibitor at the Exhibition.
56. A Visitor agrees to indemnify and hold the Organiser harmless, on demand, against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organiser arising out of any infringement including but not limited to any claim relating to or arising out of the unauthorised taking of any images including the taking of photographs, filming, sound or video recording, telecasting, broadcasting or any type of drawing or sketching of images of any intellectual property rights by that Visitor.
57. The Organiser reserves the right to exercise a general lien over any property the Exhibitor has in the Exhibition Venue in respect to all monies due to the Organiser (including claims for damages) in connection with the Exhibition.
58. The waiver by the Organiser of any of these General Terms and Conditions shall not prevent the subsequent enforcement of these General Terms and Conditions or the particular condition waived and shall not be deemed to act as a waiver in respect of any subsequent breach.
Termination of Right to Exhibit
59. The Organiser shall have the right to terminate without notice an Exhibitor’s right to exhibit in the Exhibition in any of the following events:
a. if an Exhibitor or any of its representatives commits a breach of any of these General Terms and Conditions; or
b. if an Exhibitor, being a body corporate, enters into liquidation whether compulsory or voluntarily or compounds with its creditors or has a receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of debt or if an Exhibitor, being a sole proprietorship or partnership, becomes, or one of its members becomes bankrupt or insolvent or enters into any arrangements with its creditors or takes or suffers any similar action in consequence of debt; or
c. if the Exhibitor conducts any activity which, in the opinion of the Organiser, does not conform to the nature and purpose of the Exhibition, or interferes with the rights of other Exhibitors at the Exhibition (including the Intellectual Property Rights); or
d. if the Exhibitor engages in any forms of corruption, in particular, if the Exhibitor offers or grants subsidies and/or other advantages to the employees, directors and/or consultants of the Organiser, including their relatives, either itself or through a third party, in exchange for preferential competitive treatment or for carrying out or refraining from a particular act (the same applies to third parties, in particular public authorities); or
e. if the Organiser in its sole and absolute discretion decides that such right shall be terminated.
60. In the event that an Exhibitor’s right to exhibit in the Exhibition is terminated under 59(a), (b),(c) or (d), the Exhibitor shall have no claim for refund of any monies paid to the Organiser. The Organiser also reserves the right to claim damages under 59(d).
61. The Organiser shall return to the Exhibitors the application fee/deposit and any other deposit(s) paid hereunder in the event of a termination of the Exhibitor’s right to exhibit under 59(e). The Exhibitor shall have no other claim against the Organiser for any of his or her loss or damages in connection with any such termination.
Cancellation of Exhibition
62. The Organiser reserves the right to cancel, alter in character, reduce in scale, shorten or extend the duration of the Exhibition at any time without incurring any liability whatsoever to the Exhibitors or Visitors due to circumstances outside the Organiser’s control including but not limited to war, embargo, civil unrest, outbreak of disease, legal proceedings or government regulations that make it impossible or impractical, for the Organiser in their absolute discretion to hold the Exhibition. An Exhibitor shall have no right to claim and shall not claim against the Organiser or their agents or representatives, whether for loss or damage, or return of part or all of any money paid by the Exhibitor in respect of any cancellation, reduction, shortening or extension or any other alteration made to the Exhibition made in accordance with this provision.
63. Furthermore, the Organiser shall be entitled to cancel or postpone the Exhibition, and to alter its duration and hours of operation. No claim by an Exhibitor or Visitor for compensation or refund as the case may be, shall be valid under such circumstances. If the Exhibition is required to be cancelled or the duration or hours of operation altered after opening, the conditions of the Exhibition shall be applicable to the new duration and hours of operation. Should the Exhibition be discontinued, all money already paid by the Exhibitor shall be refunded.
64. The Organiser reserves the right to change the plan, site, character or venue of the Exhibition at any time without giving notice to the Exhibitors or Visitors. The Organiser may allow the Exhibitors to reduce their space rental (in their absolute discretion) and in such circumstances of the Organiser agreeing to reduce the Exhibitors space there will be a pro-rata reduction in the licensed space paid but they shall not be liable for any further compensation to the Exhibitors.
Submission of Claims
65. All claims of the Exhibitors shall be made in writing to the Organiser no later than fourteen (14) days following the last day of the Exhibition. A submission of a claim or any review by the Organiser does not in anyway indicate any responsibility on the part of the Organiser in respect of such claim.
Additional Rules and Regulations
66. The Organiser reserves the right to interpret, alter and amend these General Terms and Conditions and to issue additional rules and regulations at any time they consider necessary for the orderly operation of the Exhibition, all interpretations of these Conditions and any additional rules and regulations by the Organiser shall be final.
67. The Exhibitors and Visitors shall abide by the rules and regulations of the Exhibition Venue which are deemed to be integral parts of and incorporated into these General Terms and Conditions. In the event of conflict between the provisions of such rules and regulations and these General Terms and Conditions, these General Terms and Conditions shall prevail. A copy of the rules and regulations of the Exhibition Venue is available from the Organiser on request.
68. These General Terms and Conditions shall be governed by and construed in all respects in accordance with the law of Hong Kong and both the Exhibitors and Visitors irrevocably submit to the exclusive jurisdiction of the Hong Kong Special Administrative Region Courts for the determination of disputes.
Collection of Personal Information
71. Personal information will be collected from yourself only if you complete an application form to participate in one of the exhibitions or fairs. The completion of the application form and provision of such information is necessary in order to participate in an exhibition or fair. If all of the information is not provided by yourself then it will be difficult to contact you to confirm the arrangements and it may also mean that your booth is not situated in the correct display area at the exhibition or fair if you do not provide us with sufficient information relating to your products and/or services. The information provided may be used for the purpose of allocating a booth location based upon the categorisation of your goods or services.
72. Further information will be collected from you through the completion of the Exhibitor Manual online. The information provided in this section is provided by Users whose attendance at a particular exhibition or fair has been confirmed. It is necessary for Users to complete the relevant forms and provide detailed information of their requirements such as the request for booth furniture and shipping information for exhibit. If such information is not provided will not be able to assist in the arrangements for the Users booth requirements at the exhibition or fair. Such information is passed to our third party contractors to assist with making the arrangements for the User. It is clearly indicated on the relevant forms what information will be sent to third party contractors.
73. The company information that Users provide for participation in an exhibition or fair will be published in the fair catalogue which will be distributed at the exhibition or fair. Such company information will also be used for pre-show publicity in order to inform members of the public who will be attending particular exhibitions or fairs.
74. We will also keep your company information to enable us to contact you in future to advise you of future exhibitions or fairs that you may be interested in attending. If you do not wish to receive such promotional mailings it will clearly be indicated on the material how you should contact us to have your name withdrawn from such promotional mailing lists.
Disclosure of Information
75. It is not our aim to use or pass on personal data without the data subject’s permission and for purposes other than those stated at the time the data was collected.
We will keep the personal data we hold confidential but may provide information to:
- personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
- our overseas offices, affiliates, business partners and counterparts;
- the public, including persons enquiring about exhibitors of our events;
- persons under a duty of confidentiality to us;
- persons to whom we are required to make disclosure under applicable laws in or outside Hong Kong; and
- actual or proposed transferees or participants of our services.