General conditions of participation
“Wopart Executive sagl” or “Organiser” refers to “Wopart Executive sagl”, whose registered office is situated in Crocicchio Cortona, 6 – 6900 Lugano CH
“Stand” means the area assigned to the Exhibitor for the presentation of their own products and/or services.
1) ADMITTANCE TO THE EXHIBITION
The following may be admitted as Exhibitors: galleries, art dealers and operators in the field of ancient, contemporary and modern art.
2) PARTICIPATION IN THE EXHIBITION
The attached application form must (under penalty of non-acceptance) be completely filled out, signed, and counter-signed, and it will be deemed an irrevocable request by the applicant, and will entail the applicant’s acceptance of these “General Terms and Conditions” (as well as of the “Technical Regulations” and of all other rules regarding the organisation and operation of the exhibition and of the Exhibition Centre). Acceptance will be determined solely by the Organiser in total autonomy with the sole obligation of indicating the motives for non-acceptance only for the applications (satisfying all criteria and received on time) in cases where the applicant files a formal request for such within ten days of the start of the Exhibition.
The applicant is required to supply all other requested documentation to decide whether to accept their application and to ascertain, at any time, the compliance with the conditions of participation in the event.
If the application is accepted, the applicant will be so informed by email, conferring on them the status of participant in the Exhibition as soon as payment is received as stipulated in the Regulations (see Art 3.). The participation request and deriving rights and obligations are personal and non-transferable. The cessation of the Exhibitor‘s business activities constitutes grounds sufficiently serious to terminate the agreement without notice and in such a case the Organisation will retain as a fine fess already paid (not as compensation for direct or indirect damages). The Organiser will then be entitled to assign the stand to other Exhibitors.
3) TERMS OF PAYMENT
Participation fees are indicated in the application form. After receiving notification of the acceptance of their application and the related invoice, the Exhibitor has to pay the due amount, in compliance with the contractual terms, by 30 June 2020. Invoices issued after 30 June 2020 must be paid immediately.
The Exhibitors not having paid the balance of the participation fee will not be entitled to enter the exhibition. In the case of non-compliance with these provisions, the Organiser may consider the contract annulled, without the need for the service of notice or decision from a court of law, but simply by serving formal notification on the party concerned. In this eventuality, in addition to being released from any commitment and having the right to allocate the stand to other applicants, the Organiser will be entitled to retain the sums already received and also to full payment by way of fine, as well as any other contractual amounts, without prejudice to its rights to compensation for damages.
4) NON-COMPLIANCE AND NON-FULFILLMENT
Failure to comply with the requirements of this regulation and non-compliance with obligations contained within this contract – also including the case of non-payment- Wopart Executive sagl, taking into account the seriousness of the matter, may impose the following sanctions on Exhibitors:
– Non activation of ancillary services including all utilities required for the regular functioning of the allocated exhibition space;
– Denial of parking passes for cars; Exhibitor passes; visitors’ tickets and any other material related to participation in trade fairs;
– Ordering the immediate removal of inadmissible works – with the authority to intervene directly and immediately should the Exhibitor not comply forthwith-; reserving the right to impose additional penalties;
– Order the immediate closure of the stand – with the authority to intervene directly and immediately should the Exhibitor not comply forthwith -; reserving the right to impose additional penalties;
– Order the exclusion of the Exhibitor from future editions of the event.
In no event shall the Exhibitor be entitled to reimbursement or compensation of any kind and will remain obliged to pay Wopart Executive sagl the full amount of the participation fee. Wopart Executive sagl will in any case also be entitled to claim damages and costs incurred for the removal of the works displayed and/or closure of the stand and/or the possible preparation of the exhibition space, including assignment to different Exhibitors.
5) STAND ALLOCATION
Stand allocation falls exclusively within the competence of the Organiser. Any special requests or indications put forward by the Exhibitor shall be regarded as solely indicative, and may not bind or condition the application and hence shall be considered as not appended.
The Organiser reserves the right to assign to the applicant a stand having dimensions differing from those requested on the application form, when the dimensions requested are not compatible with the specific organisational needs or of the exhibition in its entirety. The Organiser’s decision is final.
Furthermore, the Organiser shall have the right to move or reduce a stand already allocated, or to transfer it to another exhibition area, which will not entitle the participant to compensation or indemnity of whatever kind. The Organiser shall however notify the Exhibitor of such a decision by registered letter (or telex, fax or e-mail) sent at least 10 days before the opening of the Exhibition.
The Organiser reserves the right to assign stands not indicated on distributed plans.
6) RIGHT TO WITHDRAWAL
The participant who, through proven legitimate impossibility, cannot take part in the Exhibition, may withdraw from the contract, documenting the reasons and giving notice to the Organiser by registered letter with advice of receipt no later than 60 days prior to the Exhibition opening date, without prejudice to the Organiser’s right to the entire fee and without prejudice to the right to compensation for any further damages.
Should such notice be given less than 60 days before the Exhibition opening date the participant shall be liable to pay the entire participation fee which does not impinge upon the right of the Organiser to direct and indirect damages. In such an eventuality the Organiser may make the stand available to other Exhibitors. The Organiser will make an evaluation of the causes which impede the company’s participation in the event. If the withdrawal notice is not submitted and the Exhibitor does not prepare their stand within the terms set out in “Technical regulation of the exhibition”, they will be considered non-compliant and will be liable to pay, in addition to the entire participation fee, all direct and indirect damages sustained by the Organiser. Also in this eventuality, the Organiser may allocate the stand to other Exhibitors. The Organiser may at their discretion withdraw from the participation agreement up to two weeks before the Exhibition opening date, and – for reasons relating to the organization of the Exhibition and its proper functioning – up to the day of opening. In this eventuality, the Organiser will not be obliged to provide indemnity or compensation of any kind, but they return the deposit and all payments already received.
7) HANDOVER OF STANDS
The stands will be made available to the Exhibitors by the date indicated in the “Technical Regulation and Condition of Participation”. The stand preparation shall be completed by the times indicated and if not, the contract may be annulled through non-fulfilment of the part of the participant, with the same procedures and consequences as described in Art. 4 above.
8) STAND FURNISHING
All parts of the stand must remain within the floor space allocated, as set out in the “Technical regulations of the exhibit” and their height should not exceed that stated in the cited regulation.
It is forbidden to construct accessible platforms that exceed 70cm in height. The installations and related systems must be installed to the highest standards, respecting Health and Safety laws, fire safety regulations and all laws pertaining to such architectural structures. Wopart Executive sagl reserves the right to enforce modifications or removal of installations and related systems which do not satisfy the criteria outlined above.
The Exhibitor is solely responsible for the immobile pieces of the stand, execution and running of the installations and any damage to persons or things owned by Wopart Executive sagl, or to third parties. Access to the hall is forbidden to any vehicle not equipped with antipollution systems.
The Exhibitors, and third parties employed by them, operating in the exhibition centre are required to strictly abide by all laws safeguarding the health and safety of workers as well as laws regarding tax and insurance, for the entire duration of the fair and that includes: preparation of stands; management of the show, dismantling of the stands and all other connected activities. The Exhibitor will observe and will ensure all third parties employed by them observe the “Technical regulations” during the installation and dismantling of the stands and in relation to any other connected activity. Failing to observe the regulations outlined above could lead to the immediate disconnection of utilities supplied to the stand.
10) HANDING BACK OF STANDS
At the end of the Exhibition, but not before, the Exhibitors must remove the products and materials they have installed and, after obtaining an exit voucher from the Organiser, shall remove them from the Exhibition Centre by the date stated in the “Exhibition Regulations”. The Exhibitor is required to hand the stand back in the same condition in which it was received. In the event the Exhibitor fails to comply with the dismantling period and/or is late clearing the area, the Exhibitor hereby gives their irrevocable consent to the Organiser to consider any material left on the stand as waste to be sent to a public refuse deposit and the Exhibitor shall reimburse all direct and indirect costs related to its disposal in addition to paying a €1000 (one thousand euro) fine which shall not prejudice any compensation for further damages, the Organiser shall be entitled to exclude this participant from future editions of the fair.
Although the exit voucher is not issued to Exhibitors who have not settled all their accounts, direct or indirect, with the Organiser, it does not constitute receipt of settlement of the sums due for participation in the exhibition, and shall be valid only for the vehicle indicated on the voucher itself.
The participant expressly authorizes the Organiser to check that there are no products or materials other than those installed in the stand and listed on the exit voucher in the Exhibitor’s and/or their representatives’ vehicle or baggage leaving the Exhibition Centre, and they further authorize that the Organiser not allow the removal of products and materials not listed on the exit voucher. The Organiser and Wopart Executive sagl accepts no responsibility for goods, materials or other left unattended by the Exhibitor in the Exhibition Centre.
11) ACCESS TO EXHIBITION CENTRE – PRESENCE AT THE STAND
During the installation period and the dismantling period, access to the exhibition centre is limited to those in possession of a pass released by the Organiser. Suppliers/transporters employed by the Exhibitor who will access the exhibition centre, must also be in possession of the appropriate Transport Documents (DDT) with data identifying the Exhibitor concerned: Company name, hall and stand. Suppliers arriving without such data will be denied entry. The Exhibitor is responsible for ensuring that the companies carrying out work in the exhibition centre on their behalf meet the necessary requirements. Wopart Executive sagl are entitled to define, also relating to Health and Safety laws, specific criteria for access to the exhibition space during the installation period and the dismantling period, as well as limiting access to vehicles and/or request payments in the event of vehicles being parked outside the space and/or the time limits defined by the Organiser.
During the Exhibition the exhibition space is open to the public; ticket price 20 CHF. To allow Exhibitors and their staff to enter freely, the Organiser will provide passes, the regulations relating to entry passes are found in “Technical regulations of the Exhibit”. Utilisation of these badges requires the user to abide by these regulations. The Exhibitor is entirely responsible for the behaviour of all to whom they provide an entry pass, as well as the behaviour of their employees, ancillary staff and collaborators in the performance of their assigned duties.
The Exhibitor must ensure the presence of qualified sales people at their stand for the entire duration of the fair when it is open to the public. Exhibitors are not permitted to remove the displayed products before the closure of the fair and will be obliged to pay €5000 (five thousand euro) as penalty and may be excluded from future editions if they do so.
12) SURVEILLANCE AGAINST THEFT – LIABILITY FOR THEFT AND DAMAGES – RELEASE FROM LIABILITY WOPART EXECUTIVE SAGL – INDEMNITY CLAUSE
The Exhibitor is required to supervise its stand and exhibition space in person or with their own personnel while the exhibition centre is open to the public. The Exhibitor is the sole custodian of all materials, goods, and furniture at the stand and exhibition space during the entire exhibition period (including installation and dismantling). As custodian of their stand exhibition space, the Exhibitor is required to indemnify Wopart Executive sagl – substantively and legally – against all losses, damage, liability, cost or expense, including legal fees, deriving from the Exhibitor’s use of its stand and assigned exhibition space.
Although the Organiser provides a general day and night surveillance service inside the Exhibition Centre for the entire duration of the Exhibition and for the periods of installation and dismantling stands, said Organiser is released from any and all responsibility for theft and/or damage that may occur to the detriment of the Exhibitor. The Exhibitor shall also be responsible to Wopart Executive sagl for all damage, be it direct or indirect, which for any reason is attributable to them or to their staff (including damage caused by furnishings or by the systems set up either by the Exhibitor or by third parties hired to do so).
13) INSURANCE – EXEMPTIONS, ASSUMPTIONS OF AND LIMITATIONS OF RESPONISIBILITY
During the hall opening times, the Exhibitor shall watch over his own stand either directly or by means of his personnel. Although Wopart Executive sagl provides a general day and night surveillance service inside the Exhibition Centre for the entire duration of the Exhibition and for the periods of installation and dismantling the stands, the Organiser is released from any responsibility for theft from and/or damage to the Exhibitor and their property. The Exhibitor shall also be responsible towards Wopart Executive sagl and to the Organiser for all damage, be it direct or indirect, which for any reason is attributable to him or to the staff working for him (including damage caused by furnishings or by the systems set up either by the Exhibitor or by third parties hired to do so.)
Compensation for damages deriving from such theft or damage as may be sustained by the Exhibitor, also outwith the hall opening hours (including all the days set aside for stand installation and removal) shall be made solely by means of adequate insurance policies. The Exhibitor shall benefit from the following policies taken out by Wopart Executive sagl:
a) Third party liability Insurance Certificate, including fire damages: single maximum coverage of €5,000,000 (five million euro);
b) The civil employees’ liability: maximum per accident €2,000,000 (two million euro) with a limit of €1,000,000 (one million euro) for each person;
d) Insurance Company waives all recourse to action against the Exhibitors and Wopart Executive sagl.
The above-listed insurance policies are governed by the conditions and limitations, which the Exhibitor may request from the Exhibition organising office, and which will be printed on the form contained in the “Technical Regulations”. These insurance policies do not release the Exhibitor from liability in cases of risks, which, according to the independent assessment of the Exhibitor, are not covered, or which exceed the limits of cover as set out above. The Exhibitors must make direct arrangements for the insurance coverage they think most appropriate. In any case, the Exhibitor undertakes to include in the supplementary insurance cover a clause in which the Insurance Company waives all recourse to action against the Exhibitors, the Organiser and Wopart Executive sagl, and in default they shall indemnify them from any action that may be brought against them. In view of the above, the Exhibitor, in any case, on their own behalf and on behalf of their collaborators or representatives, exonerates Wopart Executive sagl of all responsibility for losses or damage that occur, for whatever reason, in the assigned exhibition space, during the exhibition or periods for the installation or dismantling of stands, and whatever is present there, and assumes responsibility for damage also caused by third parties in managing the exhibition space, or by whatever may be introduced into it, that is not covered in the terms and ways indicated above or covered by the Exhibitor’s insurance. Wopart Executive sagl declines any responsibility for consequential damages, damage of images, loss of invoices, etc. Even for direct damage, the Exhibitor accepts that Wopart Executive sagl limit their responsibility to the limits and maximums of insurance covers reported above. The Exhibitor accepts these limits of liability.
14) PHOTO AND VIDEO – INTELLECTUAL PROPERTY
The products and the goods placed on display, as well as the stands housing them, may not be photographed, filmed, drawn or in any way reproduced without the authorization of the respective Exhibitor and the Organiser. People breaking this rule will be expelled from the Exhibition building by the security personnel following the withdrawal of their entry pass/ticket.
Wopart Executive sagl reserve the right to film, reproduce, distribute and authorize the filming, reproduction and distribution of general and detailed outside and inside views, and this will not entitle the Exhibitors to financial compensation
15) TEMPORARY IMPORTATION AND CUSTOMS PROCEDURES
The temporary importation of goods of foreign origin and the completion of the customs procedures may be carried out – at the Exhibitor’s expense – through Wopart Executive sagl’s official forwarding agent, in accordance with the procedures found on the website www.wopart.eu, and the forwarding agent shall be released from any responsibility for their actions, also in relation to the Organiser and Wopart Executive sagl.
16) TECHNICAL SERVICES
Wopart Executive sagl will supply the Exhibitor electrical energy for lighting and reserves the right to supply, or to outsource or grant exclusive contracts for, any service it deems useful for Exhibitors, defining the methods of use for it. Stand cleaning shall be performed and paid for by the Exhibitor, either by their own staff or by employing the company authorized by Wopart Executive sagl for this purpose. With respect to all portering, shipping, loading and unloading of goods, the Exhibitor shall engage the services of the official forwarding agent appointed by Wopart Executive sagl.
The Exhibitor understands that the “services” (whether managed directly by the Organiser and Wopart Executive sagl, contracted out or granted to sole agents) ensure regular performance in the context of the normal engagement of such services by the individual users, and in any case the Exhibitor releases Wopart Executive sagl, as well as the contractors and franchisers of these services, from any and every responsibility for any irregularity in the performance of the said services.
17) PRINTED MATERIALS AND ONLINE INFORMATION
The Organiser reserves the right to issue the Catalogue and distribute any and all information (also in a summarised or abbreviated form) contained in the Application Form, about the Exhibitors and their presented works, utilising those means and communication technologies (printed material, CD-ROM, Internet or other) which it deems most appropriate without accepting any liability for any omission, error or malfunctioning. The data presented will relate to the applications, received and accepted up to 30 days prior to the date of opening of the Fair. None of this will impinge on the right of the Organiser to modify the allocation of the stands. The above also applies to the content of other forms signed by the Exhibitor or by one of his employees and provided to the Organiser, whether in hard copy or electronic formats.
18) PAID ADVERTISING
Outside the exhibition area assigned to the Exhibitors, any and every form of publicity or advertising must be carried out exclusively through the Organiser or through the companies authorised for this purpose by Wopart Executive sagl, and this advertising is subject to the payment of a fee and associated tax charges.
19) CAR PARKS
The Exhibitor has at its disposal special areas for parking, subject to availability. Only vehicles bearing the appropriate daily entry sticker may be parked in the car parks, only in the allotted spaces and only during Exhibition opening hours. In the case of non-compliance with these provisions, Wopart Executive sagl may have the vehicles removed at the risk and expense of the Exhibitor to whom the parking permit was issued and of the vehicle owner who will remain jointly and severely liable with the Exhibitor for the related expenses. All occupants of the vehicle must have a valid document for admission to the exhibition centre. As the car parks are unattended, Wopart Executive sagl is not responsible for the security of vehicles and will accept no liability for damage or theft of any kind.
20) SPECIAL PROHIBITIONS – GENERAL PROHIBITIONS
It is strictly forbidden for Exhibitors to:
– to use their own forklifts and lifting devices in the Exhibition Centre without express authorization of the Technical Department of Wopart Executive sagl as stated in the Exhibition Technical Regulation;
– give up all or part of their stand, or exchange all or part of it with other parties;
– carry out any form of advertising outwith their stand in the Exhibition Centre; the distribution of publicity material of any type (flyers, brochures or other similar materials) is also forbidden outside the exhibition space at a distance of less than 500m from the entrances;
– stage any shows or entertainments of any kind, nature and characteristics, even if they are confined to the inside of the stand or intended to present products, without the prior written authorisation of Wopart Executive sagl Management;
The prohibitions of a technical nature issued for reasons of safety, hygiene or pollution, to protect persons and property, and also to prevent tampering with fixed and movable property belonging to the Exhibition Centre, as well as the relevant provisions contained in the “Exhibition Technical Rules”, form part of these general contract conditions, and the Exhibitor undertakes to abide by them.
Specifically and in general, behaviours are forbidden which, in the opinion of the Organiser are incompatible with the scope of the exhibition or have a deleterious effect on the running thereof.
In the event of failure to comply with any one of the prohibitions listed above, or those referred to in this article, Wopart Executive sagl may apply the sanctions as laid down in “Exhibition Technical Rules” and/or terminate the Exhibition participation agreement, without the need for a Court order but by any form of written notice served on the Exhibitor at his stand.
This action will cause the immediate closure of the stand and the withdrawal of the Exhibition Centre access documents, without affecting the sums payable by the Exhibitor.
21) POSTPONEMENT, REDUCTION OR CANCELLATION OF THE EXHIBITION
It is the Organiser’s irrevocable and discretionary right to change the dates of the Exhibition which does entitle the Exhibitor to withdraw from the exhibition, annul the contract or not fulfil obligations. The Exhibitor expressly renounces to ask the Organiser for any type of indemnity or compensation for damages in case of change of the dates of the Exhibition or in case of its cancellation due to supervening organizational needs and / or in reason of force majeure including needs due to emergencies also of a sanitary nature.
Furthermore, the Organiser may reduce the Exhibition space or even cancel the exhibition entirely or in part, without being required to pay compensation, fines or damages of any sort. In this eventuality, the Organiser shall give written notification of the changes made by registered letter, fax, telex or e-mail, to be sent no later than 30 days before the start of the Exhibition.
In the event of postponement of the dates of the Exhibition, for any reason, the Exhibitor authorizes the Organizer to withhold all the sums paid which will be considered in advance or balance of participation in the postponed edition.
22) GENERAL PROVISIONS
The Exhibitor is obliged to not use rights provided in the WOPART participation contract in any way the goes against the interests and scope of the Exhibition; in such a case the Organiser shall notify the Exhibitor with a written request to cease such behaviour. In case of non-compliance the Organiser reserves the right to deny admission to future editions. The Exhibitor is also obliged to adhere to laws of the Public Safety Authority and those related to fire prevention, accident prevention and to the supervision of spaces open to the public.
Complaints relating to the organisation and staging of the event must be immediately be sent in writing to the Organiser within seven days of the closing of the exhibition. Complaints received after this time will not be taken into consideration by the Organiser.
24) JURISDICTION AND APPLICABLE LAW
Any contention will be treated under the exclusive jurisdiction of Lugano, with application of Swiss law.