General Conditions
1. definitions and relevance
1.1 Jumping Amsterdam B.V. (hereafter: ‘Jumping Amsterdam’) will organise from 21 until 24 January 2010 the horse show Jumping Amsterdam in the Amsterdam RAI (hereafter: ‘the event’).
1.2 The user of these General Conditions is Jumping Amsterdam.
1.3 The contracting parties concerned are: the exhibitors/stallholders and/or sponsors of the event (hereafter also: ‘participants’)
1.4 These General Conditions apply to the relationship between Jumping Amsterdam and the participants. Under the term participants is also meant potential participants/applicants. All stipulations in these General Conditions have also been made on behalf of those who are employed by or employed on behalf of Jumping Amsterdam or who are connected in some way to it under which is meant yet not limited to Stichting Concours Hippique International ‘Jumping Amsterdam’ and Jumping Amsterdam B.V. The regulations of these General Conditions are directly applicable to them as if they themselves were Jumping Amsterdam.
1.5 These General Conditions prevail at all times above those possibly being operated by the contracting party no matter under which name. As far as is thought necessary Jumping Amsterdam hereby expressly rejects the applicability of general conditions of the contracting party with the understanding including specific conditions of the contracting party. This counts equally inasmuch the meant conditions of the contracting party were possibly applicable in another agreement between Jumping Amsterdam and the contracting party. Any reference by the contracting party to their own general or specific conditions will not be accepted by Jumping Amsterdam.
2. changing dates, times, location, cancellation/non-completion of event
2.1 Jumping Amsterdam reserves the right for all time to change the dates and times, as well as changing the location of the event or to cancel the event or have it cancelled/not complete it or not have it completed without participants making claims to Jumping Amsterdam for liability for compensation for damages no matter what form or no matter by what cause.
2.2 In the case where dates, times and/or location are changed registration and possible allocation of participants will not be terminated.
2.3 In the case where the event cannot continue the abovementioned registrations and possible allocations will be terminated. In such cases, there will be restitution to the participants of previous payments by Jumping Amsterdam though amongst other things the accrued interest will not be compensated.
2.4 There will be no restitution of abovementioned payments in the case where the event as a result of force majeure (or in part) has to be cancelled/not completed. In these General Conditions force majeure means as well as concerning the law and jurisprudence also amongst other things veterinary illness or illnesses, hindrance by measures taken by the authorities, the death of one or more members of the Royal Household, transport strikes/hindrance, strikes/hindrances by workers, cancellation by the Amsterdam RAI, revolt, danger of war, sabotage and general national or international unpredictable circumstances. The meaning of force majeure here should be interpreted in the broadest possible meaning of the word. Aforementioned payments will in that case only be repaid or repaid in part when all costs made or that will be made by Jumping Amsterdam in connection with the event have been paid and thus there will be no question of inadequate repayment.
3. registration
3.1 Registration for participation at the event can be done by means of a registration form made available to participants by Jumping Amsterdam. Filling-in of, signing and returning of such to Jumping Amsterdam will be seen as an unretractable request on the part of the participant who wishes to take part at the event. This request takes effect only after Jumping Amsterdam has received it and when and as soon as Jumping Amsterdam after having received the filled-in and signed registration form has sent written confirmation to the participant that the form has been received.
3.2 The participant can derive no rights from a registration. Jumping Amsterdam has without having to give reasons and without being liable to participants for any remuneration for damages the authority not to accept a registration, the right to refuse a participant, to offer a smaller space for stalls than was originally registered for and/or to change allocated stalls or to retract an allocation.
3.3 Participants are obliged to state in writing at time of their registration and in as much detail as possible about the goods and/or services with which they intend to exhibit.
3.4 An agreement between Jumping Amsterdam and exhibitors/stallholders and/or sponsors can furthermore be effected by the signing by the concerned parties of a written agreement composed by Jumping Amsterdam that possibly diverges from the aforementioned registration form as well as there being a verbal agreement . A verbal agreement should be confirmed in writing as soon as possible.
3.5 A registration or written acceptance by the participant cannot be unilaterally withdrawn by the participant and/or changed other than as far as here stated in these General Conditions the registration form or the possible written agreement that diverges from it has otherwise stipulated.
3.6 The participant is in the case of an allocation obliged to take part him/herself. Except than by written permission in advance from Jumping Amsterdam the participant is furthermore obliged to exhibit only what concerns the business and/or services which the participant has registered in a written statement for or which have been agreed to in the possible abovementioned divergent written agreement.
3.7 The participant hereby already agrees to give his/her permission (as deemed necessary) to Jumping Amsterdam to hand over rights and duties to be carried out between them and the agreements to be carried out between them to third parties as designated by Jumping Amsterdam. Except for aforementioned written permission from Jumping Amsterdam the participant does not have the authority to hand over rights and duties of the aforementioned agreements to third parties.
4. payment
4.1 For each m² allocated stall space there will be a stall hire fee owed that is stated in the aforementioned registration form and/or aforementioned possible divergent written agreement. The participant is equally indebted for every other form of exhibiting (amongst which is meant all available hospitality and communication forms and advertising) which is mentioned in the aforementioned registration form or the aforementioned possible divergent written agreement.
4.2 Payment or payments must unless otherwise agreed in writing take place within 30 days after the date of the invoice concerned. Payment or payments in instalments are not allowed other than by written agreement.
4.3 In the case where the participant does not pay on time to Jumping Amsterdam he/she is legally in default of payment and at the choice of Jumping Amsterdam is indebted for the lawful traders interest or the lawful interest from the due date of the invoice concerned. In the case where the participant is in omission concerning default in his/her payment obligations toward Jumping Amsterdam then all legal and non-legal expenses accrued by Jumping Amsterdam are thereby indebted by the participant with a minimum sum of € 2.500,- including VAT.
4.4 Settlement by any possible mutual claim by the participant is out of the question.
5. cancellation
5.1 In the case where the participant as a stallholder/exhibitor and who thus is not a sponsor and who wishes to cancel he/she must request this by registered letter to Jumping Amsterdam. Jumping Amsterdam can grant a request for the meant cancellation in the case where the participant has fulfilled a cancellation reimbursement following the scheme as below;
25% of the total invoice sum including VAT when cancelling from 8 to 4 weeks before commencement of the event;
50% of the total invoice sum including VAT when cancelling within 4 weeks before commencement of the event;
100% of the total invoice sum including VAT when cancelling without a valid reason or not in time.
5.2 A participant who is a sponsor and who thus is not a stallholder/exhibitor may not cancel.
6. liability and insurance
6.1 Goods that are at the location of the event or on accompanying areas or terrain that are owned by and belong to the participant or which are there for and/or are there on behalf of the participant are at the cost and own risk of the participant. Jumping Amsterdam does not take on amongst other things the insurance of such.
6.2 Jumping Amsterdam is not liable for damages of no matter what kind and by no matter what cause; this could be for example damages, theft, destruction or loss of things, damage as a result of for example the unsatisfactory functioning of technical installations or possible other deficiencies of the location or accompanying terrain or of damages to goods or persons under which is also for example meant the participant’s possible visitors.
6.3 Jumping Amsterdam has limited liability unless by deliberate intent or gross default by Jumping Amsterdam. The assistants hired by Jumping Amsterdam equally have limited liability for deliberate intent or gross default.
6.4 The participant is liable for and bound to having an adequate insurance to cover all damages, no matter what the cause, for Jumping Amsterdam and/or Amsterdam RAI that are caused by or by the neglect of the participant, lawful persons who are employed on his/her account be it caused by visitors or by his/her goods.
6.5 The participant indemnifies Jumping Amsterdam and Amsterdam RAI against any claims from third parties for damages no matter the type and no matter the cause by an action or by neglect of the participant, lawful persons who are employed on his/her account be it caused by his/her visitors or by his/her goods. The participant is equally bound to be adequately insured against all the damages as meant here.
7. construction, dismantling and removal
7.1 Other than there being otherwise agreed in writing between Jumping Amsterdam and the participant all construction and equipping of the stalls and all things concerned with such and/or with the sponsoring is at participants own cost and risk. This counts equally for the dismantling and removal of such and all things concerned with such.
7.2 The location is available for construction and/or equipping of stalls as well as the placing of for example sponsor objects such as advertising boards, posters and other publications and all things concerning such from Tuesday 19 January from 06.00 hours up to and including Thursday 21 January time 08.00.
7.3 Dismantling of stalls, the removal of such and all other goods and all things concerning such amongst which is meant removal of refuse must take place between Sunday 24 January from 22.00 hours until at the latest Monday 25 January time 12.00 hours.
8. trading in contravention to the conditions and/or directions and instructions
8.1 Jumping Amsterdam has the authority to take measures against participants who trade in contravention with these General Conditions or other applicable regulations or directions and instructions of Jumping Amsterdam and/or of its allocated staff without proof of default and without lawful intervention at the costs of the participant concerned. The participant concerned can for example be refused entry or refused further entry to the location, have his/her stall closed and/or removed: at the location or on the accompanying terrain where goods are found amongst which is meant that which has been constructed/placed and suchlike can be removed by Jumping Amsterdam or they can have them removed or kept. In suchlike and other cases as aforementioned the participant concerned has no right to restitution of payments already paid nor any right to reimbursement for any form of damages.
9. intellectual property
9.1 All rights of intellectual property concerning the event amongst which is also meant but not limited to the name, brand name or brand names, advertising text or texts/music and logo or logos rest with Jumping Amsterdam. With the exception of explicit and written prior permission from Jumping Amsterdam the participant is forbidden directly or indirectly to publish and/or to reproduce or to use in no matter which other possible way suchlike or to attempt a connection to suchlike. Furthermore the participant is forbidden to publish and/or to reproduce or to use in no matter which other possible way or to attempt a connection with pictures taken at the event or sound tapes recorded at the event except with explicit and written permission from Jumping Amsterdam.
10. other applicable stipulations
10.1 The applicability of these General Conditions leaves the applicability of the General Conditions and/or regulations of the Federation Equestre Internationale and the Koninklijke Nederlandse Hippische Sportbond as well as the regulations of the Dutch Government concerning sponsoring and advertising through TV broadcasting unimpeded. Furthermore the applicability of these General Conditions leaves the General Conditions and/or the regulations of Amsterdam RAI unimpeded. In the case or cases whereby there is a contradictory stipulation or there are contradictory stipulations in the aforementioned General Conditions and/or regulations will decide which stipulation or stipulations is/are applicable.
11. conversion
11.1 In the case where one or more of the stipulations laid down in these General Conditions are no longer lawful or become no longer lawful the other remaining stipulations remain lawful. In such cases concerning the meant no longer lawful stipulation there will be a replacement by a new stipulation that will as much as is possible be similar in content, reach and goal to that of the meant no longer lawful stipulation.
12. final provisions
12.1 The lawful relationship between Jumping Amsterdam and the participants will be exclusively supervised by Dutch Law.
12.2 All disputes that arise from the aforementioned lawful relationship will be settled exclusively by an authorized Amsterdam judge. Arbitration is barred.
