Terms & Conditions
INTRODUCTION AND DEFINITIONS
Your contract will be with www.businessshowsgroup.co.uk and associated branding and hereafter you will be referred to
as the “Client”.
- FORMATION OF CONTRACT AND PAYMENT
1.1 Orders accepted by Business Shows Group shall be based upon these Conditions which supersede and override any terms or conditions proposed or stipulated by the Client.
1.2 If the Client makes a pencil booking to secure space and both parties wish to proceed, a (non refundable) deposit invoice will raised against a confirmation order, contact name or email instruction. The Invoice will be sent to the Client containing details of the booking, event and cost. This invoice in conjunction with these Conditions forms the basis of the contract between Business Shows Group and the Client.
In the event of any conflict or inconsistency between these Conditions and the terms of the Confirmation, the terms of the
Confirmation shall prevail. No variations shall be binding unless agreed in writing between authorised representatives of Business Shows Group and the Client.
1.3 The booking is not confirmed, and space not secured until receipt of the Client deposit payment as stated in the deposit invoice or where none has been specified, in the following amounts:
1.3.1 When the event is booked with notice non-refundable deposit is to be calculated at 50% of space cost
1.3.2 When the event is booked 3 months prior to show date non-refundable deposit will be 100% cost of space
1.3.3 When multi events are booked with notice non-refundable deposit is to be calculated at 50% of total space cost
1.4 A binding Contract is created on receipt of the deposit sum by Business Shows Group.
1.5 In the event that the deposit has not been received in cleared funds within 30 days of the date of receipt of the Invoice by Business Shows Group or no later than 14 days prior to the date of the event then Business Shows Group reserves the right to cancel the booking in which case it will be deemed to have been cancelled by the Client.
1.6 An invoice for the remaining balance of the total space price shall be dispatched and payable as follows:
1.6.1 4 months prior to show date and shall be payable on presentation. In the event that the invoice has not been paid at least 30 days before the date
of the event then Business Shows Group reserves the right to cancel the booking in which case it will be deemed to have been cancelled by the Client.
1.6.2 Where the booking is made less than 90 days before the date of the event an invoice will be raised for the full space cost. This invoice must be settled in full by cleared funds no later than 7 working days before the date of the event
1.6.3 Hire invoices for use of venue table, cloth, chairs and power will be raised prior to the event where possible. Payment is due upon receipt.
1.7 All prices quoted are subject to VAT at the rate in force at the time.
1.8 In addition to any other remedy which Business Shows Group has under these Conditions, Business Shows Group reserves the right to charge interest on any unpaid balances at the rate of 4% above the base rate of HSBC Bank plc from time to time.
- CANCELLATION BY THE CLIENT
2.1 In the event of cancellation of any booking by the Client or where cancellation is deemed to have been effected by the Client under sections 1.5, 1.6, 1.7, 3.1 the Client shall, in addition to the deposit paid, pay Business Shows Group a cancellation fee based on the total price payable for the event as it stands at the time of the cancellation (the “total charge”) to be calculated as follows:
2.1.1 100% space cost for the event if notice of cancellation is received less than 3 month prior to the event.
2.1.2 75% space cost (Deposit payment (50%) plus 25% administration fee) of the total charge if notice of cancellation is received between 6 months & 3 month) prior to the event.
2.1.3 50% space cost (Non refundable deposit) of the total charge of notice of cancellation is received prior to 6 months prior to the event.
2.2 Cancellation of a confirmed event must be made either by letter or email to Business Shows Group. Date and time of receipt will determine the cancellation charge.
- CANCELLATION BY Business Shows Group
3.1 Business Shows Group reserves the right to cancel the booking in any of the following situations:
3.1.1 the Client becomes insolvent or subject to bankruptcy proceedings, receivership or administrative receivership.
3.1.2 the Client is in arrears with any payment prior to the event.
3.1.3 the Client is in breach of Health & Safety legislation in any aspect of its event.
3.1.4 the Client distributes any unacceptable or unapproved promotional materials; in whatever medium they are presented. In which case, the Client will be deemed to have cancelled the booking.
3.2 Notwithstanding the situation where Business Shows Group cancels the contract and it is deemed to have been cancelled by the Client under sections 1.5, 1.6, 1.7, or 3.1 Business Shows Group also reserves the right to cancel an event for any reason on giving 7 days written notice to the Client in which case all monies paid to Business Shows Group by the Client will be refunded and Business Shows Group shall have no further obligation to the Client whatsoever. Excludes “Force Majeure” see paragraph 5.5
- LOSS AND DAMAGE
4.1 The Client shall be liable for and shall indemnify Business Shows Group against any loss or damage caused to the Event premises, its furniture, fixtures or equipment which may arise as a result of the event or from items brought onto the event premises by the Client, their guests, staff, contractors, agents or otherwise. The Client shall ensure that no signs or other articles are attached to the walls or other surfaces. Business Shows Group can accept no responsibility for the property of the Client, staff or their guests.
5.1 Business Shows Group shall have no liability to the client for any loss of profit, special, consequential loss, expenses, costs or other claims arising out of or in connection with the provision of any goods or services pursuant to this agreement and (except in respect of death or personal injury resulting from the negligence of Business Shows Group) the total liability of Business Shows Group for any loss of the Client in respect of an event shall not exceed the price payable by the Client for that event.
5.2 Business Shows Group shall not be liable for any delay in performing or failure to perform its obligations as a result of fire, strikes, industrial disputes, shortage of food supplies or labour, power failure, lock-out or any other cause beyond the control of Business Shows Group.
5.3 Postponement &Abandonment – The Exhibitor shall not have any claim against the Organisers in respect of any loss or damage whatsoever (including for the avoidance of doubt any refund of payments made) consequent upon the Exhibition failing (for whatsoever reason) to be held or the Exhibition venue being or becoming wholly or partially unavailable for the holding of the Exhibition for whatsoever reason. If by re-arrangement or postponement of the period of the Exhibition or by substitution of an alternative venue for the Exhibition or by means of any other reasonable matter or thing the Exhibition can be held the contracts for space shall be binding upon all parties save that the same shall be deemed to be varied so as to allow for any necessary change in venue, dates or period of the Exhibition, stand size, location or otherwise.
5.4 Bankruptcy – In the event of the Exhibitor becoming bankrupt committing any act of bankruptcy going into liquidation or having a Receiver or Administrator appointed in respect of any of its assets then the Organisers reserve the right to terminate the contract with the Exhibitor forthwith and the Terms and Conditions relating to Cancellation shall apply.
5.5 Force Majeure – The Organisers shall not be liable to the Exhibitor by reason of any cancellation or part time opening of the Exhibition, either as a whole or in part, for any non-performance of their obligations under this contract or for any amendments or alterations to all or any of the Rules or Regulations of the Exhibition in each case to the extent that such occurrence is due to circumstances not within their control.
5.6 Fire Precautions All materials used for building, decorating or covering stands must be of non-flammable material. Exhibitors must comply with all instructions given by the relevant authorities to avoid the risk of fire or any other risk.
5.7 Dangerous Materials The following are excluded from the Exhibition: explosives, detonating or fulminating compounds, and all dangerous or harmful substances, including fireworks, etc. fireworks, matches and similar objects can only be exhibited in the form of imitations, and on condition that they contain no inflammable matter.
5.8 Attendance – 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.
5.9 Indemnity – The Exhibitor and any stand sharers shall fully indemnify and keep indemnified the Organisers its employees, contractors and agents (each an indemnified party) against all costs claims demands proceedings and losses whatsoever made against or incurred by an indemnified party as a result of the Exhibitor, a stand sharer or its employees or agents exhibiting displaying advertising promoting selling or supplying any goods or services at the Exhibition, including without limitation any claim in respect of damage, injury, accident or loss arising to any person (including members of the public or an indemnified party) or property as a result of any act or omission of the Exhibitor or a stand sharer or any of their servants, agents, contractors or invitees.
5.10 Insurance – Exhibitors and any stand sharers shall make sure that they are fully covered by insurance including, but not restricted to, all risks on their property, exhibits or articles of any kind, employers’ liability, minimum of 2,000,000 pounds public liability and comprehensive protection against any loss or damage caused by any circumstance whatsoever whether by reason of fire, water, theft, accident or any other cause. Such insurance shall cover any losses covered by the indemnity in paragraph 5.7 to the fullest extent reasonably possible. If the Organisers so demand the Exhibitor shall provide proof to the Organisers that the Exhibitor has adequate insurance cover. In addition, Exhibitors may wish to take insurance for losses and wasted expenditure in the event of the Exhibition being cancelled, abandoned or curtailed. Exhibitors must ensure that their temporary staff and the staff of their agents or contractors are insured against claims for employer’s liability and/or workman’s compensation. The period for which such insurance shall be maintained shall run from the time the Exhibitor or any of his servants, agents or contractors first enters the Exhibition grounds, and continue until he has vacated the Exhibition grounds and all his exhibits and property have been properly removed.
5.11 Limitation of Liability– (i) Nothing in the Terms and Conditions shall limit or exclude the Organisers’ liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law. (ii) Subject to paragraph (i), the Organisers shall not be liable to the Exhibitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms and Conditions for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of damage to goodwill; and (f) any indirect or consequential loss. (iii) Subject to paragraph (i) the Organisers total liability to the Exhibitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms and Conditions shall be limited to the total costs paid under the Terms and Conditions. (iv) The Organisers shall not in any event be held responsible for any restriction or conditions which prevent the construction, erection, completion, alteration or dismantling of stands or the entry, siting or removal of exhibits, or for failure of any services or amenities provided or contracted to be provided by the venue owner or other third parties. (v) The Organisers shall not be liable in respect of any contract entered into between the Exhibitor and any official contractor appointed by the Organisers for the negligence or default of any such contractor, its servants or agents. (vi) The terms set out in this paragraph shall survive termination.
6.1 Whilst Business Shows Group has taken all reasonable steps to make sure that brochures, tariffs, and literature are correct Business Shows Group reserves the right to alter, substitute or withdraw any service or facility without notice.
6.2 Data Protection – Privacy By booking space to Exhibit the Exhibitor is consenting, under all relevant data protection legislation, to the Organiser communicating with Exhibitors by telephone, 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. Business Shows Group do not share personal data with any third parties unless previously agreed.
6.3 Waiver. The failure of the Organisers at any time to enforce any provision of these Terms and Conditions or the Rules and Regulations shall not affect their right thereafter to require complete performance by the Exhibitor nor shall the waiver of any breach of any such provision be taken as or held to be a waiver of any subsequent breach or be a waiver of the provision itself.
6.4 The law applicable to this agreement is English law and both parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
Updated by Tina King, Business Shows Group 25/2/20