Our general terms and conditions can be seen here.
General Terms and Conditions - Organisatie Groep Zuid (O.G.Z.) B.V.
These General Terms and Conditions apply to participation in, by and/or in cooperation with Organisatie Groep Zuid (O.G.Z.) B.V. organized trade fairs, congresses, events, exhibitions and/or other events and form part of every agreement, every offer and every acceptance of the offer, as well as of the resulting performances.
Article 1: Definitions
In these General Conditions the terms used have the following meanings, unless other written agreements have been made about them.
1. Organisatie Groep Zuid (O.G.Z.) B.V.: the private limited liability company Organisatie Groep Zuid (O.G.Z.) hereinafter referred to as: "OGZ", having its registered office in Geldrop, Nuenenseweg 167, 5667 KP, registered with the Chamber of Commerce in Eindhoven under number: 17171744, as (co-)organizer both directly and indirectly of a trade fair, congress and/or event, as well as any (legal) person in cooperation with whom a trade fair, congress and/or event, hereinafter referred to as "the event" is organized and their authorized representatives.
2. General Conditions: the present general conditions which form an inseparable part of and are applicable to all agreements of participation, as well as to the resulting performances, and to the purchase of additional services and/or products between OGZ and the participant with respect to the stand space(s), stand construction and stand furnishing and all resulting products and (facility) services and/or additional purchased items from OGZ. Deviation from the general terms and conditions is only possible if expressly confirmed in writing by OGZ. The applicability of any general terms and conditions used by the participant is expressly excluded.
3. Participant: the natural or legal person who has registered by means of a registration form and/or with whom OGZ has entered into a participation agreement.
4. Event accommodation: the place/location where the event as a whole takes place, as made available by OGZ.
5. Quotation: the written quotation prepared by OGZ of a specific stand space. As long as no participation agreement has been concluded with the participant, OGZ is entitled to withdraw the offer at any time without giving reasons.
6. Registration form: the document, both online and offline by which the participant indicates that he/she wishes to participate in the event and declares to have taken note of and agree to the applicability of these general conditions. OGZ reserves the right to reject the registration based on the registration form on the grounds of lack of space, special reasons or possibly without giving reasons.
7. Registrant: any natural or legal person who has registered as a participant in the event by means of a registration form, regardless of whether this registration has been or will be accepted by OGZ.
8. Confirmation of participation: in response to a registration form sent by the participant or to confirm receipt of the offer signed by the participant to OGZ, OGZ will send a written confirmation of participation to the participant.
9. Participation Agreement: the agreement between OGZ and the participant that is created by the participant's signature or by the sending of a participation confirmation by OGZ based on the registration form completed by the participant to OGZ.
10. Participation costs: the total costs owed by the participant to OGZ for participation in the event, including, inter alia, the costs arising from the stand space, if applicable, the stand construction and/or stand furnishing and all other costs belonging thereto or all other costs arising from the items purchased from OGZ.
11. Event: a trade fair, congress, event, exhibition and/or any other event in respect of which the participation agreement has been concluded.
12. Stand space: the surface area expressed in square meters with which the participant participates in the event, event accommodation made available to the participant, the location, size and type of which are determined by OGZ.
13. Standard stand construction: the stand construction ordered by the bidder/participant and delivered by OGZ.
14. Custom booth construction: is the booth construction organized/provided by the bidder/participant himself.
15. Stand rent: is the rent owed by the participant for a number of square meters of surface stand space determined by OGZ. The amount of stand rent due is determined per number of square meters of surface area.
16. Stand fittings: all facility items, services and facilities ordered or installed by the participant, irrespective of whether these have actually been used.
Article 2: Registration
1. In order to participate in the event, registration must take place. Registration must take place by means of an appropriate registration form (online/offline) or by means of a participation agreement provided by OGZ.
2. The registrant guarantees OGZ the accuracy of the data provided and the authority of the (authorized) participant to sign the registration form.
Any incorrect data or unauthorized signatures are for the account and risk of the registrant/participant by means of a specifically drawn up agreement between the parties or by acceptance and does not release him from any payment obligations towards OGZ.
3. The data provided by the participant will be recorded by OGZ in an administration kept for that purpose. By making a registration, the registrant gives OGZ permission to use and store the data provided.
4. The participation agreement is only established by acceptance of the registration by OGZ, after which the registrant becomes a participant of the event. The confirmation of acceptance will be sent either by letter or by e-mail to the (e-mail) address provided by the participant on the registration form.
5. Entries that cannot be accepted immediately due to lack of space may be placed on a waiting list. These registrations will be decided before the start of the event.
6. OGZ is at all times entitled to refuse a registration without giving reasons, in any case on the grounds of oversubscription, special reasons such as fear of disturbance of the order, bankruptcy or moratorium of the registrant.
7. If the registration is rejected by OGZ, any (advance) payments will be refunded.
8. If a deadline has been set by OGZ for the participant to submit the registration form or the participation agreement, the date of receipt of the document by OGZ will serve to determine whether a timely response has been made.
9. The participant cannot claim, that the registration would have been granted orally.
10. The participant is not entitled to transfer his registration or participation to a third party. Only the participant is entitled to participate in the event following the registration/participation agreement.
11. If the participant is taken over by a third party after registration for the event, whether through merger, share transaction, asset/liability transaction or any other form of takeover, the agreement concluded with OGZ will remain in full force and effect, unless OGZ expressly does not give its consent. 12. The participant declares to accept all consequences of the registration resulting from signing the registration form or signing the participation agreement. If the signing is done consciously or unconsciously by a person who is not authorized to sign, it is assumed that she is authorized to sign in her personal capacity and, by virtue of that authority to sign, is responsible for the full payment obligations towards OGZ arising from the registration/participation agreement.
Article 3: Participation agreement
1. The participation agreement implies that OGZ makes a certain stand space available to the participant for the period of the event concerned, provided that the participant has fulfilled the full payment obligations prior to the event. Regarding all invoices related to the event.
2. These general conditions are an integral part of the participation agreement.
3. If the participation agreement is concluded in respect of several stand spaces, that which is stipulated in these general terms and conditions shall apply to each individual stand space as well as to the entirety of the multiple stand spaces.
4. If the participant makes any changes, additions or other agreements deviating or supplementary to these General Terms and Conditions on the registration form or the participation agreement itself, these shall be deemed not to apply. OGZ may, after written confirmation, determine that the amendments/additions form part of the participation agreement.
5. The participant is fully responsible and liable for the fulfillment of all obligations resulting from entering into the participation agreement.
6. In case a participation agreement is concluded by OGZ with 2 or more contracting participants then these parties are jointly and severally liable for the payment obligations towards OGZ.
7. In the event that the person registered as a participant turns out afterwards not to be authorized to sign and subsequently invokes the nullity of the participation agreement on this basis, this person will be considered personally liable and responsible for all payment obligations arising from the participation agreement with OGZ.
8. At least one of the participant's employees manning the booth during the event is deemed to have decision-making authority to take business, services, orders and/or other decisions from the participant during the event. Participant himself is responsible for the authority of the relevant employee of his organization, even if no agreement has been reached in this respect. Participant cannot invoke towards OGZ at a later stage on the ground that the employee/signer would not have signing authority/decision making authority. Purchasing items, services, orders and/or making decisions is at all times at the risk and responsibility of the participant.
Article 4: Dates, times and event accommodation.
1 OGZ sets the dates on which and the location where the event will be held, as well as the times for construction, holding and dismantling of the event.
2. OGZ reserves the right at all times, due to special circumstances, as well as if OGZ of the event so requires, to change the dates and times and location of the event mentioned in the participation agreement/registration and conditions of participation, or in very exceptional circumstances, to change the concept of the event, or to make the event not take place. In these cases, the participant cannot claim compensation for any costs incurred and/or damages suffered as a result.
3. Changes as referred to in article 4.2. do not give the participant/registrant the right to cancel his registration in whole or in part. Article 7 shall apply in full on the understanding that the cancellation/modification fee shall be at least 100% of the total participation fee, which may rise to 250% of the total participation fee in accordance with the terms specified in Article 7 (Cancellation and dissolution) of these General Terms and Conditions.
4. If the event is not continued within 25 months after the original date of the event, the registration/participation will be considered cancelled and payments made by the participant to OGZ will be refunded with the exception of the fixed participation fee if applicable.
5. Outside paragraph 4 of this Article 4, the participant can in no case claim against OGZ any compensation for costs incurred or damage suffered in connection with a decision as described in paragraph 2 of this Article.
Article 5: Grading
1. During the agreed period, the participant of the event is entitled to the stand space as determined by OGZ in the participation agreement.
2. OGZ is entitled at any time before the start of the event to review the layout of the exhibition and thereby change the stand space allocated to the participant. If a rearrangement takes place, OGZ will endeavor to offer the participant comparable stand space in terms of surface area.
3. If, after reclassification or after changing stand space, OGZ cannot offer the participant comparable stand space in terms of surface area, the participant has the right to cancel the participation agreement. In this case the cancellation must be made by registered letter within 14 working days after the date of the written proposal of OGZ containing the alternative stand space(s). If the registered letter is not received by OGZ within 14 days, the possibility of cancellation will be cancelled in full.
Article 6: Payment
1. Payment of the participation fee and all other payments must be made within the due date as stated on the relevant invoice. Amounts invoiced within 2 weeks prior to the event must be paid on the day of receipt of the invoice.
2. OGZ is entitled to invoice as soon as the participation agreement is established. The final invoice may be preceded by an advance invoice.
3. The participant is at all times liable for all costs owed to OGZ which are in any way related to the participation agreement, regardless of whether these costs have been incurred by the participant himself or by third parties or persons acting on behalf of the participant.
4. If a different billing address is provided by the participant, either knowingly or unknowingly, the participant remains liable to OGZ for the payment of all costs related to the participation agreement.
5. In case of late payment of any amount due to OGZ, statutory (commercial) interest will be charged from the moment the claim is contractually due and payable. Collection costs shall be borne by the participant; the extrajudicial collection costs shall be set at a flat rate of 15% of the principal sum.
6. OGZ is entitled to first deduct payments made by the participant from outstanding claims from other events.
7. If the participant has not paid the participation fee or any other amount owed to OGZ (in full) before the start of the construction of the event, OGZ is entitled to deny the participant access to the (construction of) the event and/or to terminate the participation agreement with immediate effect. In such a case, the participant remains obliged to pay the full participation fee, as well as all other costs owed to OGZ, in full, without the participant being able to claim compensation for costs incurred and/or damage suffered in any sense whatsoever in connection with the denial of access to the event and/or termination of the participation agreement.
Article 7: Cancellation and dissolution
1. A registration and/or participation agreement as well as of the resulting performances, as on the purchase of additional services and/or products between OGZ and the participant regarding the stand space(s), stand construction and stand furnishing and all resulting products and (facility) services and/or matters of OGZ, cannot be unilaterally withdrawn or changed by the registrant and/or the participant, regardless of whether it has already been accepted by OGZ. If a registrant/participant wishes to cancel or change the existing registration/participation, a request; containing a written registered letter should be sent to OGZ for this purpose. OGZ may grant a request for cancellation or modification of the registration/participation, as mentioned above, under the condition that the following cancellation/amendment fee is paid by the registrant/participant in any case:
-For cancellation up to 365 days before the first day of construction of the event: 50% of the total participation fee;
-For cancellation from 365 days up to 200 days before the first day of the event build-up: 75% of the total participation fee;
-For cancellation from 200 days to 62 days before the first day of the event build-up: 100% of the total participation fee;
-For cancellation from 62 days to 31 days before the first day of the event build-up: 150% of the total participation fee;
-For cancellation from 31 days to 14 days before the first day of the event's construction: 200% of the total participation fee;
-For cancellation up to and including 14 days before the first day of construction of the event: 250% of the total participation fee.
Or where instead of these percentages OGZ is entitled to claim compensation for the damage actually suffered by it. If applicable, the VAT due will be charged on the aforementioned compensation.
2. If at any time after conclusion of the registration/participation agreement a suspension of payment or bankruptcy is applied for with respect to the participant, the participation agreement can be terminated by OGZ by the mere occurrence of the aforementioned application and the participant remains liable for the full participation costs, as well as the other costs incurred by or through OGZ in connection with his participation at his request, without prejudice to OGZ's right to claim costs, damages and interest.
3. If after the conclusion of the participation agreement OGZ has valid reasons to fear that participation in the event by the participant may in any way cause damage to OGZ, the event or other participants, OGZ has the right at any time to cancel the participation agreement by registered letter with immediate effect. The participant will then remain liable for the full participation costs as well as other costs incurred by or through OGZ in connection with his/her participation at his/her request, without prejudice to OGZ's right to claim costs, damages and interest.
4. In case OGZ agrees with the written cancellation of the registrant/participant, the registrant/participant can no longer derive any rights from the cancelled registration/participation agreement from that moment on with regard to the participation in the event and the related stand space, stand construction, stand furnishing and/or event accommodation and all other agreed arrangements. The confirmed cancellation is final and the participant cannot subsequently reverse his decision.
5. If resulting from any form of correspondence, both in writing and by telephone the registrant/participant informs OGZ that he wishes to cancel his registration/participation then OGZ will initiate the following procedure. OGZ may send a final written registered confirmation to the registrant/participant after receiving the correspondence from the registrant/participant. After the final written registered confirmation by OGZ, the registrant/participant can no longer derive any rights from any form of participation in the event, unless the registrant/participant notifies OGZ in writing within 7 calendar days after the written registered confirmation that they still wish to continue participating in the event in accordance with the participation agreement. To avoid miscommunication, OGZ will confirm the written communication made by the registrant/participant in this regard. All communications by the registrant/participant made later than the 7 calendar days after the written registered confirmation from OGZ will not be considered by OGZ and thus the cancellation is finalized and no further rights can be derived from participation in the event.
6. Cancellation or modification pursuant to this article can never be a reason for OGZ to reimburse the participant for any costs incurred or damage suffered.
7. If the request for cancellation is not granted by OGZ, the agreement remains in full force.
Article 8: Use of stand construction and stand furnishing
1. The participant is obliged to build, furnish and dismantle his stand space(s) during the days and times indicated by OGZ.
2. Upon OGZ's request, all plans, designs and/or models for the booth space(s) must be submitted to OGZ for approval no later than the time specified by OGZ. Once OGZ has given the necessary approval, stand construction and/or stand design may commence. OGZ reserves the right to refuse its approval at any time, if necessary without giving reasons.
3. OGZ has the right to give deviating regulations with respect to the stand construction and stand fittings.
4. OGZ will indicate the stand space(s) made available by means of a specific indication. The participant is not entitled to have the indication removed, moved or changed.
5. If, in the opinion of OGZ, the stand construction and/or stand furnishing of the participant's stand space(s) is not likely to be completed in time before the end of the construction period, OGZ has the right to take the necessary measures it deems necessary at the expense and risk of the participant.
6. During the event, the participant is not entitled to exhibit or otherwise promote articles in the stand(s) other than those mentioned in the participation agreement and/or related to the program of the event.
7. The participant is not entitled to hand over all or part of the stand space(s) to third parties or to use the stand space(s) for a purpose other than that specified in the participation agreement.
8. The participant is not allowed to use the stand space in such a way that other participants or visitors experience damage and/or nuisance in the form of noise nuisance, obstruction of access or passageways, obstruction of light or view, or nuisance in any other form whatsoever, to be assessed and decided by OGZ.
9. The participant is obliged to return the stand space in its original state at the end of dismantling. If this is not complied with by the participant, OGZ is entitled to remove or destroy the stand construction/stand fittings at the expense of the participant. OGZ can never be held liable for this. Any damage to OGZ property and/or the event accommodation is at the expense and risk of the participant.
Article 9: Non-compliance
1. OGZ is entitled to take provisions and measures against the participant, participating personnel, persons working for the participant or on his behalf and against holders of entry tickets issued by the participant, who act contrary to any provision of the prevailing general conditions or do not comply with an instruction issued by or on behalf of OGZ, without judicial intervention and if necessary at the expense of the participant, including, but not limited to:
-Dissolving all or part of the participation agreement without prior notice and/or;
-To have the tickets issued to the participant revoked and to deny the person(s) access to the event with immediate effect and/or;
-not to (further) build up the participant's stand, to have it closed or to (have it) vacated in whole or in part and to dispose of the vacated or unoccupied space and/or;
-to retain, store and if necessary destroy the participant's goods and everything built or installed by the participant and/or;
-In the event of late or incomplete payment by the participant, to charge the statutory interest and extrajudicial collection costs amounting to 15% of the principal sum on the monetary claim(s).
2. The foregoing is without prejudice to OGZ's right to claim full compensation for any damage suffered and/or to be suffered.
Article 10: Additional products, (facility) services and/or items
1. OGZ can, with or without payment from the participant, offer additional products, services and/or items for the benefit of the event.
2. These general conditions apply accordingly to all additional products, services and/or matters provided by or on behalf of OGZ, unless otherwise stipulated. If third parties are engaged for these additional products, services and/or matters, unless otherwise stipulated, the terms and conditions of delivery of these third parties shall not be declared applicable.
Article 11: Use of data
1. All data generated through use of services of OGZ on behalf of the participant or data generated by the participant as a result of use by the participant of these services may be used by OGZ. If this data is personal data within the meaning of the Personal Data Protection Act, the parties indemnify each other against all claims made against one of the parties for violation of statutory retention periods for personal data or violation of the provisions of or pursuant to laws and regulations regarding the protection of personal data as a result of use of personal data by the other party. Parties will comply with all applicable laws and regulations regarding the protection and use of these personal data.
Article 12: Facility Manual
1. At any time but well before the start of the event the participant receives from OGZ a facilities manual with which all kinds of (facilities) orders can be made. The guidelines and conditions contained herein must be observed and followed by the participant at all times and are an integral part of the applicable general conditions.
Article 13: Catering
1. Unless otherwise agreed in writing, the catering during the event is exclusively reserved for the event accommodation, third party engaged by the event accommodation or OGZ.
2. The participant is not permitted to sell or provide free of charge refreshments and/or stimulants unless a written exemption has been granted in advance by the event accommodation, a third party engaged by the event accommodation or OGZ under conditions to be agreed upon.
Article 14: Transportation of goods
1. During the opening hours of the event, the participant or any other person is not allowed to transport goods to and/or from the event.
2. The participant himself is responsible and must make his own arrangements for the timely transportation of the necessary items for participation in the event. OGZ will not take delivery of goods from the participant, nor will it be liable for them in any way.
Article 15: Cleaning and waste disposal
1. The participant is responsible for cleaning and keeping his stand space(s) clean, both prior to, during and after the event. Through the facility manual, certain cleaning activities can be purchased for a fee.
2. The participant must take care of the removal of all his waste in accordance with the regulations set by OGZ and/or from the event facility.
3. OGZ is entitled to charge the participant for the cost of removing and disposing of waste left behind by the participant after the event.
Article 16: Intellectual property rights
1. OGZ is entitled to the intellectual property rights related to the event, including at least the (brand) name, logo(s) and visual material.
2. OGZ may grant the participant the right to use the (brand) name, logo(s) and/or visual material for promotional purposes. In that case the participant will only use these trademarks and/or images in the manner in which they have been made available by OGZ.
The participant is therefore not permitted to use the brands and/or images for purposes other than to promote the event, or to distort them in any way.
3. In case of violation of the provisions of paragraph 2, the participant is obliged at the first request of OGZ to cease using the relevant (brand) name, logo(s) and/or visual material.
4. The participant may not present any items at the event of a particular name or brand if this infringes on the rights of third parties.
Article 17: Risk and Liability
1. The participant warrants to OGZ and shall at all times remain liable for compliance with the provisions of these general conditions, applicable specific conditions and/or all other regulations.
2. The participant is liable to pay compensation for all (in-)direct damage suffered by OGZ as a result of a shortcoming attributable to the participant, including failure to comply, to comply properly or to comply on time with any provision of these general terms and conditions, applicable specific terms and conditions and/or other regulations.
3. The participant indemnifies OGZ in this respect for claims that third parties could assert against OGZ in connection with his actions or omissions.
4. Goods, including packaging, are located at the event at the expense and risk of the participant. The participant must take out adequate insurance in respect of participation in the event; OGZ does not charge for such insurance.
5. The participant is responsible for adequately insuring against all damages of any kind. This damage can be caused by the actions or negligence of the participant himself, the participating personnel, persons working for the participant or on his behalf and against holders of entrance tickets issued by the participant, or by his visitors, as well as for damage caused in any way by his goods, services and/or products.
6. It is the participant's responsibility to have the required licenses/permits and permits for his participation and the activities related to the event, as well as for compliance with the laws and regulations relating to his activities.
7. OGZ is not liable for any damage whatsoever: consequential damage, trading loss and damage resulting from theft, destruction or any other cause whatsoever, suffered directly or indirectly by the participant, participating personnel, persons working for the participant or on his behalf and against holders of admission tickets issued by the participant, or by his visitors, unless OGZ can be blamed for intent or gross negligence.
8. OGZ is not liable for any damage whatsoever, directly or indirectly suffered by the participant, the participating personnel, persons working for the participant or on his behalf and against the holders of admission tickets issued by the participant, or by his visitors, caused by the fact that the stipulations of these general conditions and the regulations referred to therein have not been followed on time or have not been followed correctly.
9. OGZ is not liable for (in-)direct damage suffered by the participant, resulting from non-compliance with any obligation arising from an agreement concluded between the participant and a third party concerning the provision of services in connection with the participant's participation in the exhibition.
10. OGZ will refrain from intervening in any disputes to which OGZ is not a party, including but not limited to disputes between participants or disputes between participants and visitors.
11. In the event that OGZ is liable, its liability will never exceed the maximum amount to be paid by its insurer. If OGZ's cover is lacking, OGZ's liability is limited to the participation costs owed by the participant based on his/her registration/participation.
Article 18: Conversion clause and applicability of general conditions
1. If a provision of these general terms and conditions is qualified as unreasonably onerous in whole or in part by the court, it is deemed to be converted into a provision which, as far as possible while retaining its content and purport, is not considered unreasonably onerous.
2. In case a provision of these general terms and conditions is qualified by the court as unreasonably onerous and paragraph 1 of this article cannot apply, this does not affect the validity of the other provisions of these general terms and conditions.
3. If the participant may have his own general or specific terms and conditions then these are expressly not to be declared applicable to OGZ. OGZ is entitled to explicitly reject the general terms and conditions of the other party.
4. Deviation from the general terms and conditions can only be made by a written document signed by OGZ.
5. OGZ reserves at all times the right to amend these general terms and conditions during the term of the participation agreement. The participant will be notified in writing of such an amendment. The amended general terms and conditions coming into force will replace all previous general terms and conditions, unless expressly stated otherwise by OGZ.
6. In cases not provided for in the general terms and conditions, it shall be for OGZ to decide.
Article 19: Other regulations and deviations from the general conditions
1. OGZ is entitled to issue additional (safety) regulations within the framework of the smooth running of the event. It is also entitled to issue such regulations from the event accommodation or from the government.
2. The participant is obliged to strictly observe and follow the additional (safety) regulations and furthermore all regulations issued from the event accommodation.
3. In case of conflict between these general conditions and the additional (safety) regulations given by OGZ, from the event accommodation or by the government, OGZ will determine which regulation prevails in the specific case.
Article 20: Applicable law and disputes
1. On all agreements made between parties exclusively Dutch law is applicable, unless mandatory law provides otherwise.
2. All disputes arising between OGZ and a registrant/participant, even if only designated as such by one of the parties, as a result of: the registration form, the participation agreement, these general terms and conditions or any further agreement concluded between the parties as a result thereof, the parties will first enter into consultation in order to end this dispute amicably. If the parties fail to do so, a dispute as aforementioned will be settled exclusively by the competent court in the district of Oost-Brabant (the Netherlands). The Dutch court shall have exclusive jurisdiction, unless otherwise provided by mandatory law.
Article 21: Residual provision
1. In all cases in which the general conditions do not provide or are deemed unclear, the power of decision lies with OGZ.
2. The Dutch text of the participation agreement, these general terms and conditions or any further agreement concluded between the parties as a result thereof shall be decisive.
Organisatie Groep Zuid bv
Ambachtweg 52
5731 AG Mierlo
040 - 280 84 00
info@ogz.nl
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