General Terms and Conditions (GT&Cs)

The Franchise Fair

The Franchise Fair has the aims of gaining new franchisees, presenting existing franchise systems to the general public and providing useful information on the theme of franchising to parties interested in participating in a franchise system. The basic concept behind the design of the trade fair is to enable the presentation to visitors of interactive products and services in order to highlight the variety of franchise systems on the market.

1. Offer of Contract/Registration

For exhibitors completion the registration process constitutes a legally binding and irrevocable offer of contract. Registration under reservations shall not be permissible. Deletions, supplements and/or amendments on the registration forms or these GT&Cs or the addition of conditions or reservations shall not be enforceable. Upon submission of registration the exhibitor acknowledges the full content of these GT&Cs and all conflicting terms and conditions of the exhibitor shall be deemed dispensed with.

2. Renting of Stall Location

Upon registration the exhibitor has entered into an obligation to participate in the exhibition. The prices for the partnership packages stated on the registration forms shall apply for the duration of the event. Every additional square metre or part thereof required over and above allocation shall be invoiced at m² full price. Further advertising activities are possible upon agreement. Not included is the stall system, rear walls/screens, signage and additional lighting for the individual presentations. The exhibitor hereby declares to use his best discretion in choosing a type of presentation that expresses our open, interactive concept.

3. Acceptance and Allocation of Stall Locations

The organiser is not obliged to accept the offer of contract. Acceptance and with it the coming into being of a contract shall be in the form of the sending of confirmation of stall allocation. Exhibitors from Austria and abroad with the intention of exhibiting products or services that are relevant to the theme of the exhibition may be accepted. The organiser shall exclusively be responsible for deciding upon the acceptance of an exhibitor (acceptance of the offer of contract) and the allocation of stall locations in agreement with the Austrian Franchise Association [Österreichischen Franchise Verband e.V., ÖFV]. The organiser hereby expressly reserves the right to refuse to accept registrations (offers of contract) for acceptance as exhibitor at the exhibition at its own discretion. The organiser shall be solely responsible for the allocation of stall locations, which he shall do in the best interests of the trade fair. Wishes of the exhibitor shall however be accepted and taken into consideration by the organiser if possible. The acceptance of offers of contract (acceptance of an exhibitor for exhibition at the trade fair) may not lead to the derivation of any legal rights to be accepted for any additional trade fairs (acceptance of another offer of contract for exhibition at another trade fair). In the interests of the event (trade fair) and in deviation to the confirmation of acceptance and stall allocation (acceptance of offer of contract), the organiser shall be entitled to allocate a different stall allocation in another section of the trade fair and of a different size, relocate or close entrances and exits to the trade fair premises and/or carry out other necessary structural changes. If the stall rental price is reduced as a result, the difference to the amount specified in the exhibitor's registration shall be either credited or reimbursed to the exhibitor, at the discretion of the organiser. All other claims against the organiser, in particular claims to compensation for damages, shall be excluded. If for some reason the organiser is unable to gain access to or use a stall location that has already been allocated, the exhibitor shall only have a claim to the reimbursement of any amounts of stall location rent already disbursed.

4. Revocation of Stall Allocation

The organiser shall be entitled to revoke stall allocations (acceptance to the trade fair, acceptance of offer of contract) if:

  1. the exhibitor fails to meet his payment obligations promptly, or
  2. in the meantime composition proceedings, bankruptcy proceedings or liquidation proceedings have been initiated or are due to be initiated against the exhibitor, or
  3. there are still outstanding claims to be settled from previous trade fairs, or
  4. the exhibitor's products or services are no longer relevant to the theme of the trade fair. In these cases section 4 shall apply mutis mutandis.

5. Invoicing and Payment Terms

Upon acceptance to the trade fair (acceptance of offer of contract) the exhibitor shall receive an invoice, 50% of which shall be payable immediately and the remaining 50% of which shall be payable at the latest 5 weeks before the start of the event in full with no deductions. Invoices issued inside this 5 week period shall be payable in full immediately. The prompt payment of invoice is a prerequisite for the handing over of the allocated stall location. If the invoiced amount has not been received by the organiser by the due date, the organiser shall be entitled to freely reallocate the allocated stall location. Section 4 of these GT&Cs shall apply mutis mutandis. Any complaints or queries concerning invoices are to be submitted within 8 days of receipt. Any complaints or queries received after this period will not be taken into consideration. In the event of default in payment, interest shall be charged per annum as of the due date at the rate usual for commercial transactions and a charge of €8 shall be added to the invoice total per payment reminder issued. The exhibitor shall not be entitled to defer, refuse or offset payment of any due invoices on grounds of counter-claims, irrespective of the nature of such claims.

6. Charges, Levies and Taxes

All charges, levies and taxes shall be borne by the exhibitor, in particular the value added tax [Mehrwertsteuer, MwSt].  All prices shown shall be net prices.

7. Withdrawal of Registrations

In the event of the cancellation of a registration by the exhibitor (refers to paying exhibitors), the following cancellation charges shall be invoiced: up to 8 weeks before the start of the trade fair 40% of the agreed stall location rent, inside 8 weeks before the start of the trade fair 100% of the agreed stall location rent.

8. Force Majeure

If it is impossible to hold the event due to force majeure, strikes, political upheaval or other circumstances that are beyond the control of the organiser, claims to compensation for damages against the organiser shall always be excluded, irrespective of the nature of such claims.

9. Sale of Goods

At trade fairs aimed as the exchange of information, the sale and/or distribution of goods, irrespective of the nature of the goods and including samples,  shall be prohibited, unless otherwise expressly agreed in writing. The trade fair in question is to be seen as such a trade fair. In the event of contravention of this prohibition, the organiser shall be entitled to order the closing of the stall. The exhibitor shall be obliged to ensure that his stall is manned at all times.

10. Exhibitor's ID

Each exhibitor shall receive free-of-charge exhibitor's ID cards for himself and his stall personnel in accordance with stall allocation confirmation. In the event of any additionally required exhibitor's ID cards, these may be purchased at the applicable price.

11. Assembly, Disassembly and Design of Stalls (Technical Requirements)

The exhibitor's completed stall assembly may not exceed a height of 350 cm. Higher stall assemblies shall only be permissible after submission of plans and designs and the written approval of the organiser. For safety reasons glass constructions may only be placed with a distance of 50 cm from the edge of the stall location border, however safety glass is excluded from this condition. Assembly and disassembly times pursuant to information guidelines/ letters to exhibitors are to be observed precisely. The start of assembly of the stall construction must take place at precisely one day before the start of the exhibition 12 noon; if the rented stall location has not been occupied by this time or if no message has been received, the organiser hereby reserves the right to reallocate the stall location at this time without any further communication, however the entire rent for the stall location will still be invoiced. Assembly of stalls must be completed at the latest by 10:30 am of the first day of the trade fair. In the event of the assembly and/or disassembly times being exceeded, the organiser shall be entitled to charge the  exhibitor a penalty of € 400 per day. In the event of the exceeding of the disassembly times, the organiser shall be entitled to clear stalls and store these at the cost and risk of the exhibitor.  Once stalls have been disassembled, the exhibitor must return the location to its original condition. The exhibitor shall be obliged to reimburse the organiser for all damages resulting from improper treatment of the location/venue. The exhibitor hereby declares his willingness to embellish his presentation with one of the existing icons.

12. Stall Equipment (Technical Requirements)

Electricity, water, WLAN and telephone connections are all possible in return for payment of connection charges and metered use. All electrical devices, equipment and installations must meet the requirements of the Austrian Association for Electrical Engineering [Österreichischer Verband für Elektrotechnik, ÖVE] and the Technical  Conditions for the Connection of Public Supply Networks [Technischeen Anschlussbedingungen für den Anschluss an öffentliche Versorgungsnetze, TAEV], as well as other local conditions and regulations. Electrical installations may only be carried out by qualified, licensed companies. The connection and inspection of installations shall be carried out by the qualified, licensed electrician commissioned by the organiser, the name of whom shall be promptly disclosed.

13. Liability

The organiser shall not assume any responsibility whatsoever for loss of or damage to any exhibition articles or stall equipment brought onto or left on the premises by the exhibitor. The organiser is not obliged to complete any insurance policies. The organiser shall not assume any responsibility whatsoever for any vehicles brought to the trade fair premises by the exhibitor, his employees or agents. The exhibitor shall be liable for any damages to persons or property caused by him, his employees or agents or by any of his exhibition articles or equipment. The organiser is to be indemnified against all claims and/or damages. During assembly and disassembly times each exhibitor shall have a heightened duty of care in respect of the safety of his own goods and equipment. Valuable, easily removable items should be locked up at night. The organiser will not receive deliveries on behalf of the exhibitor and will not be liable for any losses as a result of incorrect of delayed deliveries. Staying overnight in the exhibition halls or on the premises is prohibited. The organiser shall not be liable for damages to property, health or any other damages irrespective of type incurred by the exhibitor himself, his employees or third parties for any reason in connection with the preparation, implementation or execution of the exhibition. The organiser shall not be liable for loss of earnings. This exclusion of liability shall not apply in cases of damages resulting from wilful acts or gross negligence by the organiser or any agents authorised to represent him. The party incurring damages shall be obliged to prove the existence of wilful act or gross negligence. Any claims of the exhibitor are to be notified to the organiser immediately in writing, otherwise they shall be deemed forfeited. No liability shall be assumed for incorrect insertions and/or entries in the official trade fair catalogue and/or other printed literature concerning the trade fair (e.g. printing errors, syntactic errors, incorrect categorisation, failure to insert etc.).

13 a. Insurance

The exhibitor shall be obliged to arrange his own insurance for items and equipment belonging to the exhibitor brought onto trade fair premises.

14. Advertising Material of the Organiser

At the request of the exhibitor, the organiser shall provide the exhibitor with advertising material at the prearranged terms and conditions (prices). This will give the exhibitor the opportunity of making his customers aware of the event and invite them to visit him there (adhesive labels, invitation cards, trade fair guide).

15. Advertising by the Exhibitor at the Venue

No banners, company logos, advertising boards or other advertising material may be mounted or distributed outside the exhibitor's own stand location. Furthermore, advertising material may not intrude into corridors and walkways and may not exceed a height of 250 cm. The erection of advertising boards, posters and other advertising material outside the exhibitor's own stand location, in particular in car parks, shall only be permissible with express agreement of the organiser and in return for additional remuneration. If the organiser has issued a particular uniform style guide for the exhibition, this is to be observed at all times, insofar as not otherwise agreed in writing. In cases of unfair competition in relation to other exhibitors at the exhibition, the organiser shall be entitled to close the stall with immediate effect. In this case there shall be no entitlement to a reduction of stall rental and/or other costs.

16. Special Events - Demonstrations

All types of special events and/or demonstrations on stalls and/or the trade fair premises will require the prior written consent of the organiser. The organiser shall be entitled, despite any written consent granted, to restrict or prohibit demonstrations that cause noise, dirt, dust, emissions and similar or that would otherwise be of disruptive influence to the course of the trade fair. Acoustic and/or audio-visual demonstrations or presentations on trade fair stalls must be conducted in a manner in which any noise does not exceed a limit of 40 dBA, measured at the edge of the stall location. If any noise that exceeds the permitted noise limits is not immediately discontinued upon orders to do so being issued by the trade fair management, the trade fair management hereby reserve the right to take appropriate steps, if necessary including the closure of the stall. Exhibitors shall be responsible for making their own applications to the Austrian performing rights society AKM if necessary.

17. Films and Photographs

The organiser has been granted the right to film and/or take photographs on the trade fair premises for his own or for general public relations work. In this regard the exhibitor hereby waives all objections on grounds of copyright. It shall be prohibited for the exhibitor to make or allow to be made films, photographs, drawings or any other images or illustrations of exhibition stalls and exhibited goods, with the exception of his own exhibition stall and exhibited goods.

18. Cleaning

The organiser shall be responsible for the cleaning of the premises and corridors and walkways in the exhibition halls. Exhibitors shall be responsible for the cleaning of their own stalls. At the request and cost of the exhibitor, the cleaning company commissioned by the organiser can also be commissioned for the cleaning of the exhibitor's stall. Packaging materials and waste products that the exhibitor leaves in corridors, walkways or to the side of his stall will be removed at the cost of the exhibitor. The exhibitor shall be responsible for arranging the removal of hazardous waste.

19. Transport and Parking

In principle the driving of motorised vehicles in the exhibition halls is strictly prohibited. In the event of special transport being required, this is to be arranged well in advance with the organiser and express written consent obtained. Once assembly work has been completed, all vehicles without exception must be removed from entrances, ramp-ways, access roads, fire access zones and press car parks. During the trade fair  lorries and trucks with a weight in excess of 3.5 tonnes may not be parked in the car parks. Any failure to comply with the above shall be treated as trespass. In this case the organiser shall be entitled to tow any illegally parked vehicles at the cost of the vehicle owners.

20. Stall Security

During the trade fair the organiser will only commission basic general security arrangements (external security of exhibition halls, security at trade fair entrances and periodic strolling of security personnel through the exhibition halls). The organiser is not obliged to provide special security for individual stalls. If additional security is required for specific stalls, the organiser will arrange this upon request and this will be invoiced separately. If the exhibitor commissions a third party security company with the task of guarding the stall during and outside of normal opening hours of the stall, the exhibitor must notify the organiser of these arrangements in writing in advance and submit a copy of the security company's licence to operate (commercial licence).

21. Lien

The organiser shall have statutory rights of lien over all of the items brought onto the exhibitor's stall  pursuant to section 1101 of Austrian General Civil Code [Allgemeines bürgerliches Gesetzbuch, ABGB] in respect of all unsettled claims, irrespective of the nature of such claims. In the event of the exercising of these rights of lien, the seized items will be stored at the cost and risk of the exhibitor.

22. Verbal Ancillary Agreements, Derived Rights

Amendments, supplements and addenda will only be valid and enforceable if agreed in writing. This shall also apply to the waiving of this requirement for written form. Verbal ancillary agreements will not be enforceable. The exhibitor may not derive any rights whatsoever from previous events and/or contracts.

23. Breach of Trade Fair Terms and Conditions, Violation of Law

The trade fair terms and conditions and the applicable legal provisions are to be strictly observed at all times. Furthermore, also to be observed are all fire safety regulations and all other official regulations governing pubic events. The failure to observe and/or breach of trade fair terms and conditions and/or contractual conditions and/or the violation of legal provisions shall entitle the organiser to close the allocated trade fair stand of the offending exhibitor with immediate effect at the cost of the exhibitor and to remove all items without prior legal action being required. The exhibitor, his employees and agents shall at all times be obliged to follow the orders and instructions of the organiser and his agents. This shall apply in particular to the car parks belonging to the trade fair premises.

24. Data Protection

The exhibitor hereby gives his express consent to the fact that the organiser shall process and transfer the personal data provided by the exhibitor using automated processes.

25. Supplementary Provisions, Place of Performance and Place of Jurisdiction

The law of the Republic of Austria shall exclusively apply. The place of performance and place of jurisdiction for both parties shall be Vienna. The invalidity of individual trade fair terms and conditions shall not affect the validity of the remaining terms and conditions. The contract shall not be dissolved as a result.