Conditions of Participation
Conditions of participation ART EXPO ALGARVE Organizer of the ART EXPO ALGARVE is IPRICEGRAB, Lda, below called "organizer" I. Fair 1. The organizer arranges the "ART EXPO ALGARVE” (below called „fair“). The "ART EXPO ALGARVE" is fair for contemporary and modern art. Its purpose is to offer a platform to galleries, project spaces, and artists in order to generate interaction between collectors, museums, and the general public and to show the current trends in contemporary art on a high level. 2. The fair will be held in the Portimao Arena from September 22-24th, 2023. The opening will be on September 21st, 2023. II. Application 1. You declare your intention to participate by returning the application form, completed in full. By sending back the application form you accept the conditions of participation. The application is binding regardless of our final acceptance, it cannot be provided with conditions and reservations. III. Admission 1. The organizer is not obliged to admit every applicant (potential participant) to the fair, i.e. a selection procedure takes place. The organizer decides on your participation in accordance with the regulations counting for all participants (admission). A legal entitlement to admission does not exist. If the organizer gets more applications that correspond to the requirement profile as exhibition space exists, a jury decides on the admission according to the major goals of the fair. 2. Please note that regarding the decision on your admission the jury takes only the artists into account that are given with your application. 3. The organizer is not liable for damages or other costs which arise you as an applicant (potential participant) from your application and a later non-admission to the fair. We do not charge an admission fee. 4. At the latest with the written admission the contract gets formally binding in accordance with these conditions of participation. You will be informed about your admission a few days after your application. The contract ends with the ending of the dismantling and cleansing, at the latest however on February 12th, 2023 at Midnight. 5. As far as you have not accomplished your financial obligations once or not on time towards the organizer, you can be excluded from the admission and a 50% commission can be charged for administrative reasons, all payments to the organizer by the seller must be paid integrally 60 days before the event date. 6. If the contents of the admission deviate from the contents of your application, the contract gets binding in accordance with the admission, if you do not contradict it within 2 weeks after access in writing. The same arrangement is valid in case of time displacement or change of the location of the fair, besides, the new announcement takes the place of the admission. 7. The admission is valid for the fair as given in No. I. IV. Surrender of the exhibition space 1. The organizer makes available an exhibition space from 4 square meters to max. 200 square meters to you during the fair. The exhibition space that is given to you and that is relevant for the calculation of the rent, maybe fell short or below the realizable booth size by 10% and may be exceeded indefinitely. Before the opening of the fair, you will receive a plan of the fair in good time on which the exhibition spaces are marked. Columns, projections, and other installations are part of the exhibition space and do not entitle to a decrease in the participation fee according to No. VII. 2. The allocation of exhibition space will be accomplished by the organizer on the basis of the affiliation of the exhibition objects announced by you to an exhibition subject within the event. A claim to allocate an exhibition space in a certain hall, in a certain area of a hall, or to certain rooms does not exist. In the isolated case of an important reason, the organizer is entitled to allocate to you afterward an exhibition space deviating from the admission, to change the size and mass of your exhibition space, to move entrances and exits or to close and to carry out architectural changes in the rooms without the possibility to derive legal claims from that. In case of the reduction of the room size, the difference amount of the participation fee is refunded to you. It is not permitted to install your own movable walls and your own spots or lights. The expenses for the installation of an additional daylight neon tube is 50.00 EUR plus 23% VAT. The conditions for additional services, such as additional lighting, electrical connections, additional walls, rental furniture, telephone etc., can be found in the Technical Guidelines. All prices given are net prices. The statutory VAT will be charged in addition where it is applicable. 3. If the exhibition space is not available for reasons which are not attributable to the organizer's fault, you are immediately informed. 4. In this case an additional claim of compensation does not exist. V. Commitment to the contract 1. The organizer is entitled to withdraw from the contract in case of an important reason. Such an important reason is given in particular if - an allowed motion for opening the insolvency proceedings about your property is filed or such a motion has been rejected because of the absence of valuable property; - the organizer does not receive the necessary public law approvals for the fair, provided he is not responsible for that; - the realization of the fair becomes impossible for reasons that are not attributable to the organizer's fault; - you repeatedly and in spite of a warning do not follow the organizer’s instructions during the fair and the time of construction and dismantling respectively - you repeatedly and in spite of a warning present artist which is not permitted by the jury based on your application related to the admission. 2. If there is filed a motion for opening the insolvency proceedings about your property or such a motion has been rejected because of the absence of valuable property you have to inform the organizer immediately. 3. After legally binding application and admission a dismissal from the contractual relationship is not possible anymore. The organizer can exceptionally agree to the wish for dismissal from the contractual relationship if the exhibition space that is assigned to you can be otherwise rented. In this case, the organizer is entitled to demand an all-inclusive compensation of the caused costs in the amount of 50% of the participation fee without proof. It is allowed you to give proof that damage has not originated or is in a substantially lower range. A liability for the media costs according to No. VII and other costs which have originated in particular from the use of services of others remain unaffected from this. The allocation of the nascent exhibition space with a participant that is already admitted and placed on the fair by changing the exhibition space is no case of renting the exhibition otherwise. 4. If you do not take over the exhibition space assigned to you at the beginning of the construction time, the organizer will request you to take over the exhibition space under a settlement of an adequate term. If this term passes by unsuccessfully, the organizer is entitled to withdraw the contract and to claim compensation because of the non-fulfillment of the contract. You bear the risks for this: a) The products intended for the presentation cannot be imported because of the statutory regulations valid in the venue or for other reasons, or b) Products do not arrive on time, not intact or not at all in the venue, e.g. by loss, transport delay or duty delay or c) The journey for you, your employees or your booth or construction staff is delayed or becomes impossible. In these cases, you remain obliged to pay prices and fees as contracted. VI. Construction and design of the booth / Dismantling 1. The construction by the participants has to take place exclusively on September 20th, 2023 from 2 p.m. - 8 p.m. The dismantling by the participants has to be done exclusively after the end of the fair. That is on September 24th, 2023 from 9 p.m. – 11 p.m. at the earliest. 2. A basic light sufficient for the rooms exist. Special exhibition lights like daylight neon tubes can be provided against a surcharge. All additional technical installations you probably need, especially installations for electric power (AC 230 V), water and protection elements, and acquisition of local assistants can be provided exclusively by the organizer against a surcharge. This requires are duty-filled order form that has to be given to the organizer 4 weeks before the fair starts. The costs for an extra bus bar are EUR 90 plus 23% VAT. The cancellation of ordered additional technical installations requires are duty-filled order form that has to be given to the organizer 2 weeks before the fair starts at the latest. 3. Booth construction and design must correspond to the legal requirements and these conditions of participation. Booth building contractors need a special admission of the organizer to carry out the construction of the booths. 4. During the fair the booths have to be staffed and equipped with the announced and admitted exhibition objects (works of the announced and from the jury chosen artists). The organizer can require from you the removal of exhibition objects which could cause a serious disturbance of the fair or safety risk for exhibitors and visitors by smell, noises, or other emissions or by his appearance. The organizer can require also the removal of exhibition objects of you if you present works of artists who were not given with your application and/or were not admitted by the jury. 5. Apart from that you are responsible for observing all legal requirements of the host country. If this is not the case the organizer has a claim to correction or forbearance. If you do not follow the requirements immediately, the organizer is entitled to let remove the complained exhibition objects at your expense and at your danger and to close your booth without the possibility of deriving claims against the organizer out of this. 6. It is not allowed to present paintings, photos, or objects on the ground, on heaters, or similar things. 7. After the construction (No. 1.) and before the opening of the fair the organizer and the jury will inspect the exhibition space. On the occasion of this inspection, the organizer reserves himself the right to require removals or changes from you, especially regarding the hanging and the installation of the exhibition objects in accordance with the conditions of No. VI. 8. You are obliged to leave the exhibition space after dismantling in the same condition as it was before construction and to hand it over to the organizer. If this does not happen, the costs for construction, repair, and garbage disposal are charged to you. VII. Participation fee and other costs / Conditions of payment 1. Your participation fee depends on the option booth/space option chosen and includes 23% VAT. The participation fee includes: - The surrender of the exhibition space for the time of construction, the fair and dismantling - the running costs (light, water, garbage disposal, cleansing) for the fair area; - the provision of security guards. 2. The exact amount of your participation fee you get with your admission is based on the desired booth size, provisory of the settlement in No. IV. 1, of these conditions of participation. The prospective amount of your participation fee was already communicated to you with the electronic acknowledgment of receipt of your application. 3. 100% of the participation fee plus 23% of VAT are to be paid on the account of the organizer within the terms given in the invoice after the access of the admission and be paid in full before July 15th, 2023. Keeping the term of payment on the day of the payment on the account of the organizer is crucial. The amount is charged to you under the disclosure of the VAT. 4. The calculation of the assigned exhibition space is made without taking into consideration protrusions, columns, connections for installations, and other permanent installations. Protrusions, columns, connections for installations, and other permanent installations which exist on the rented exhibition space do not entitle to claim a decrease of the participation fee or other costs. 5. The prices settled with the admission are net fixed prices plus probably occurring VAT and comparable taxes at the venue. The organizer is entitled to raise the prices if his own costs are increasing, in particular as a result of rising production costs, relation costs, and labor costs as well as fees, taxes, and other public charges at the venue. 6. The on-time payment of all liabilities is a condition for the possibility of using the exhibition space. If higher damage arises to the organizer, he is entitled to claim this. The liability of damages is canceled or decreases if you prove that the organizer has no or lower damage as a result of the default. 7. If the payment is not on time according to No. 3 the organizer is entitled to terminate the contract. In this case, the organizer is entitled to claim 50% of the whole participation fee, even if the exhibition space can be rented otherwise. 8. For his claims of renting the exhibition space the organizer gets a lien on all objects you put in your exhibition space. 9. The achievements produced by us are invoiced in EURO. You are obliged to pay the amount evident from the invoice in the currency evident from the invoice ("account currency"). 10. Please raise objections regarding the invoice immediately in writing, at the latest within 2 weeks after access; later objections we cannot take into consideration. 11. The unexpurgated amounts are due to the organizer also even when you do not fulfill your obligations from the contractual relationship. A claim of compensation is not affected by this. Further claims are excluded according to No. XII. 12. With counterclaims against the claims arising from the contractual relationship you can count up only so far as your claims have been ascertained indisputable or legally valid. The same is valid with respect to the right of retention. 13. In the transmission of an invoice to a third party by request of the exhibitor lies no relinquishment of the claim against the exhibitor. You remain obliged to compensate the entire claim. VIII. Media Services / Fair catalogue / Promotion 1. The organizer provides different media services. These contain an Internet platform on the website of the organizer under www.artexpoalgarve.com on which the exhibitors can publish pictures and texts and a fair catalog. 2. For the fair catalog you can choose a minimum of a single page (85,00 Euro/ image + address). You are welcome to book additional pages (each 65,00 Euro). For this, you provide on time the picture in a suitable print format (digitally, provided over an online platform) and the texts that are to be printed (likewise digitally). If this does not happen by the settled date which you get told on time by us, we will fill in the catalog of the information you provided with the application. 3. Herewith you transfer the unlimited servitude of the pre-mentioned pictures and texts to the organizer for the purposes of publication in the fair catalog and the public relations of the organizer. You guarantee that you own the necessary servitude towards the originator. Servitude's, ancillary copyright, naming rights, trademark rights, title rights, marking rights belong to it, etc. Furthermore, you guarantee that the pre-mentioned pictures do not infringe on someone's personal rights or other rights (third-party rights). Should somebody raise claims against the organizer because of an infringement of the pre-mentioned rights, you release the organizer from these claims - incl. all lawyer's costs and court fees. 4. On the ART EXPO ALGARVE website you get a temporary internet appearance. For this, you provide on-time pictures in a suitable display format (digitally, provided over an online platform) and the texts that are to be displayed (likewise digitally). By the submission of the pre-mentioned pictures and texts, you hereby represent and warrant that you have been granted all necessary rights by the artist and/or photographer to allow us to reproduce, distribute, make publicly available on the internet and publish said pictures and texts via any type of printed or online media in the art fair magazines, advertisements for the art fair, press releases and so forth. You will keep us fully indemnified against all actions, claims, proceedings, and damages arising out of any breach of copyright or similar rights in relation to the submitted pictures and texts and the above warranty. 5. For display in the catalog provided by the organizer you are obliged to pay an amount of 85 EUR (single page) plus 23% VAT. You are welcome to book additional pages (each page costs 65,00 EUR plus 23% VAT). 6. The organizer provides different advertising services. These contain ad placement, public relations, advertising posters, flyers, etc... IX. Co-exhibitors/ Other represented companies/Group booths and collective booths 1. Exhibition space will be released always as a whole and only to a contractual partner. 2. If you want to release your booth to another company that provides its own products and staff (co-exhibitors), you need special permission from the organizer. This is also valid for companies that are representing their own products, but not with their own staff (other represented companies). Affiliates and subsidiary companies are considered co-exhibitors. The organizer is entitled to charge a participation fee and other costs for the admission of co-exhibitor which are to be paid by you as an exhibitor. 3. Regarding the admission of co-exhibitors and other represented companies Nº III to VI are also valid; these conditions of participation are valid for these companies. If you involve a co-exhibitor or another represented company without explicit permission by the organizer, the organizer is entitled to terminate the contract without notice and to clear the exhibition space at your expense and at your risk. After the admission contractual relations exist only between the organizer and the exhibitor who is liable for faults of his co-exhibitors/other represented company as for actual faults. 4. If several companies want to participate jointly in a single exhibition space at the fair, the present conditions of participation are valid for every single company. In addition to that, you are obliged to name a common representative as a contact in your application. Nº VII is valid analogously. In the case of allowed common participation in the fair, all companies are liable for the payment of the participation fee and other costs and the fulfillment of all other obligations as co-debtor. X. Householder’s rights Within the exhibition area the organizer holds the householder’s rights. He is entitled to let remove exhibition objects from the booth, if their exhibition injures valid rights, offends common decency or the exhibition program, or contradicts the goals of the fair declared in Nº I, 1. Advertisement for political and ideological purposes is not permitted. By serious violations against the present conditions of participation the organizer is entitled to let remove your booth or to let clear it. XI. Warranty claims do not exist, if the damage is based on normal wear, force majeure, wrong or negligent treatment, excessive demand, non-observance of legal rights, or operating instructions. XII. Liability/Insurance 1. The organizer has no duty of proper care for bringing in exhibition objects, booth equipment, and for objects which belong to the persons working on the booth. 2. Any liability for property tort is excluded, provided that the risks can be insured. Independently exists the liability of intentional or negligent misconduct. This legal disclaimer remains unaffected by the made measures of security. Within the scope of the liability, the legal burden of proof rules remains unaffected; they are not changed by this stipulation. Hence you are obliged to ensure your exhibition objects and other brought-in objects are against all possible dangers (theft, robbery, fire, water etc.) for the time of the fair. 3. As an exhibitor you are liable for every damage towards the organizer which is culpably caused by you, your staff, and your employees or from your commissioned third parties or other third parties in which you engage. 4. Regarding claims of compensation for the injury of life, body, and health the organizer is liable for intentional or negligent misconduct within the scope of the legal obligations. Other contractual and/or legal claims of compensation of any kind including for consequential damages are excluded, provided that the damage was not caused by the organizer by intentional or negligent misconduct. 5. The present limitation of liability is fully valid for legal entities, employees, legal representatives, and vicarious agents that the organizer engages in order to fulfill the contract. 6. Nevertheless all claims of compensation are limited to the substitute of the typically predictable damage. In addition, the organizer is liable for every culpable violation of an essential contractual commitment. Essential contractual commitments are only those whose recognition is indispensable to the realization of the contract. This applies to all claims which could arise in connection with this contract. 7. If the organizer is forced as a result of force majeure or other reasons not caused by him to clear the exhibition area or parts of it temporarily or durably, to shift the fair date, to shorten or extend the venue, you cannot derive claims from that, in particular no claims of compensation against the organizer. 8. In any case the organizer is liable- regardless of the restrictions of liability based on these conditions of participation - for culpable behavior. Regarding contracts that obtain the acquisition of certain items, the organizer does not take on the exercise, provided there is no other contractual commitment. XIII. Measures of security The organizer is responsible for the observance of the statutory provisions of fire prevention. During the fair as well as during construction and there is an absolute smoke and fire ban on the whole fair area. XIV. Statute of limitation Your claims against the organizer arising out of the contractual relationship and all claims that are connected with it lapse within one year, unless there is a shorter legal statute of limitation or the liability of the organizer results from intentional behavior. The longer legal limitation claims for tort claims, guile and culpable impossibility remain unaffected. The statute of limitation starts at end of the month when the final day of the fair lies. XV. Place of fulfillment/ Legal venue 1. The place of fulfillment is the location of the organizer. 2. Legal venue is regulated by Portuguese Law. The organizer is also entitled to make his claims at the court of your location. XVI. Clauses / Final clauses 1. As an exhibitor, you are also responsible for the observance of all laws valid in the host country, guidelines, and other regulations if the conditions of participation of the organizer deviate from such regulations. You are obliged to inform yourself of the legal regulations in the venue on time and profoundly. The organizer is not liable for damages and other disadvantages which could arise for you as an exhibitor. 2. The organizer is entitled to shift the fair date, shorten, extend or cancel the venue and close it temporarily or finally or in single parts or at all in case of unforeseen events like force majeure, natural disasters, war, strikes, failure or obstruction of transport links and/or communication, and any major logistical problems. In cases of time displacement, shortening, extension, or closing you get no claim to substitute the damages arising from this. The resignation has to be explained immediately after knowledge of the change in writing. In the case of a refusal of the venue the organizer is not liable for damages.