Terms and Conditions
1. PREAMBLE
WAMP Event GmbH (hereinafter referred to as "WAMP", "Organiser", "we" or "us") has established the following rules for the exhibitions and other events organised by it, with the aim of providing all Exhibitors with an optimal opportunity to present their goods and to address Visitors and Exhibitors.
WAMP will charge a service fee for the events it organises, for which it will issue an invoice in each case.
2. DETAILS OF THE CONTRACTING PARTY
The contract is concluded with WAMP Event GmbH, unless otherwise stated.
Hasnerstraße 123, 1160 Vienna.
Head office: Vienna
Place of registration: Vienna Commercial Court
International tax number: AT U68819807
Company registration number: FN 416834 t
Legal form: Limited liability company (GmbH)
Management: WAMP Event GmbH is managed by the executive officers of WAMP Event GmbH
Eszter Mayr
Contact person: Judit Tóth (HUN)
Contact person: Isabelle Weigand(GER, ENG)
E-mail: hello@wamp.hu
Website: www.wamp.at
WAMP location
Outdoor venue: Free space in front of the Museum Quartier
Indoor venue: Ovalhalle Museums Quartier and Arena 11 Museums Quartier
Opening hours: 11.00-19.00
3. SCOPE OF THE CONTRACT
The following general terms and conditions govern the participation of WAMP members or non-members (hereinafter referred to as "Exhibitors") in the Events and all current and future services provided by WAMP. The most recent version of the current General Terms and Conditions is available on the WAMP website https://www.wamp.at.
WAMP reserves the right to monitor or verify compliance with these provisions on an ongoing basis and to take appropriate action in the event of any breach of these provisions without the consent of the Exhibitor or its contractors. WAMP is entitled to draw up security regulations which may contain other provisions in addition to those contained in these GTC.
4. REGISTER FOR THE FAIR
a. The Organiser shall have the right to make changes to the events at any time, unless the circumstances have been specified in writing with binding effect.
b. Verbal agreements which impose additional obligations on the Organiser are binding only if subsequently confirmed in writing by the Organiser.
c. Registration for participation in the events (online registration at www.wamp.at) is only valid if accepted and confirmed in writing by the Organiser (= conclusion of a contract).
d. Already registered WAMP members can register for events via the WAMP community platform. Reservations for the upcoming fairs can be made on the website www.wamp.at under "Künstlereingang" ("Artists' Entrance") (by entering your user name and password) in the "Register WAMP" interface. Prior to each WAMP event, we send a newsletter to our exhibitors informing them of the date and current information of the next event. You can register for each fair separately until the date indicated in the newsletter (the fourth day before the fair).
After the deadline, the electronic system will automatically close the registration and will not accept any further registrations.
e. WAMP enters into a separate contract with each Exhibitor for WAMP, according to the data provided during registration, so the correctness of the data is particularly important. Exhibitors are therefore obliged to notify the Organiser in writing of any changes to the contractual data. The contracts can be downloaded by the participants from their own profile.
f. The Organiser is not responsible for the correctness of the data provided or submitted by the participants during registration or online registration and is not obliged to verify them.
g. Following registration for in-person participation in the events, all Exhibitors will receive an online registration confirmation including WAMP account information.
h. The Organiser reserves the right to change the programme, event date and location.
i. The services of WAMP Event GmbH may only be used by persons over the age of 18.
j. Registration requests will be considered in the order in which they are received.
k. Each Exhibitor/Seller agrees to the applicable WAMP Operating Regulations and to abide by them when registering for the fair.
l. Exhibitors/Sellers who violate WAMP technical specifications and regulations may be subject to administrative violation proceedings.
5. RECOGNITION
Labour and trade regulations must be observed, in particular with regard to fire safety, accident prevention, and company and price marking.
6. ACCEPTANCE
The WAMP will decide on the identity of each Exhibitor. WAMP has the right to refuse registration without giving reasons. Exclusion of competitors cannot be requested or promised. The contract between WAMP and the Exhibitor shall be concluded upon confirmation of registration or the issue of an invoice. The approval granted may be withdrawn if the conditions of the award are no longer met or no longer exist. The Organiser is entitled to unilaterally terminate the contract if, despite two reminders, payment is late.
7. WEATHER, FORCE MAJEURE
a. In view of the fact that the Fairs will be held in an outdoor venue, WAMP draws the attention of the Exhibitors to the fact that in the event of changing weather and other circumstances, WAMP may decide at any time, for justifiable reasons, not to hold the Fair. In such a case, WAMP will inform the Exhibitor of its decision as soon as possible via the contact details provided in the profile (official newsletter).
Please note that WAMP Event Gmbh is not liable for any damage to products caused by the weather, the umbrellas are a design element and do not protect against rain. Rain and wind protection is the responsibility of the Exhibitor.
b. If the Fair is not held due to the fault of WAMP, the Exhibitor is entitled to a 100% refund of the Rental Fee.
c. If WAMP decides to terminate the Fair on the day of the Fair due to force majeure, demonstration, strike, disaster, emergency, storm, etc., no refund or set-off of the Rental Fee paid by the Exhibitor will be possible.
d. Claims for damages against either Party are excluded in all cases.
8. RULES OF CONDUCT
Exhibitors who are already registered and confirmed by WAMP undertake to arrive at the venue at the latest one hour before the start of the fair at the time indicated and to deliver all their goods to the destination, unload them on the tables provided by WAMP Event Gmbh and leave the fair area empty at the end of the fair.
It is prohibited to damage the tables or sit on them. The Exhibitor is responsible for maintaining the cleanliness and integrity of the tablecloths provided by WAMP. Given that the tablecloths provided by WAMP cannot be cleaned, the Exhibitor shall be liable to reimburse the value of any tablecloths that are soiled or become unusable.
For the sake of a uniform trade fair image, only tables supplied by WAMP Event GmbH may be used at the WAMP trade fair.
The sale of goods and products, gastronomic activities, rental and storage activities, as well as local service activities and repair work may be carried out at the WAMP Fair in compliance with the laws and official regulations applicable to fairs and in possession of the necessary permits. Exhibitors and vendors are responsible for compliance with these legal requirements.
Any goods may be sold at the Fairs except:
- medicinal products, medicinal substances and preparations other than medicinal products, veterinary medicinal products
- preparations classified as narcotic drugs and psychotropic substances, toxic and dangerous substances
- glasses to improve vision
- weapons, ammunition, explosives (including fireworks), gas sprays, substances classified as flammable substances of Class A and B, motor spirit, gas oil and domestic fuel oil
- souvenirs
- specimens, derivatives and preparations of protected plants and animal species
- mineral, fossil, cave formation
- a product or waste the marketing of which is subject to authorisation and for which such authorisation is not available.
Exhibitors/Exhibitors can occupy the places determined by the Organiser.
The tables rented from WAMP Event Gmbh are 80 and 120 cm.
(Exhibitors undertake to ensure their own exit from behind the table within the aisle metre they have reserved. For the 1 meter rented area, a maximum table of 80 cm can be requested, for 1.5 meters a table of 120 cm is recommended. This will ensure the possibility of going in and out between tables. )
If the Exhibitor wishes to supplement his reservation on site, or if it is proven during an on-site inspection that he is obliged to supplement, the on-site surcharge will be + 20%.
The depth of the exhibition spaces: 150cm. A maximum of 150 cm of stand may be placed perpendicular to the aisle used by visitors. If the size of the stand exceeds 150 cm, a space at least equal to the length of the stand must be reserved.
Failure by the Exhibitor to comply with the instructions of WAMP will result in immediate exclusion from the Fair. In this case, the Exhibitor/Seller must leave the event site immediately. No refund of the participation fee already paid will be possible.
In the interest of a uniform image of the Fair, the Organizers reserve the right to reorganize the rented areas and stands without notifying the Exhibitors, with the least prejudice to their interests.
Tables and Products must be positioned so as not to obstruct free movement.
It is forbidden to light fires and use open flames at fairs and markets!
WAMP does not provide chairs, they must be provided by the exhibitor personally. Chairs will be provided by WAMP at an extra charge, the chair option must be ticked when booking.
Exhibitors must clarify the music playback/speaker system operation with the Organiser in advance. The Organiser may prohibit noise levels that may disturb neighbouring stands. If the higher noise levels are not immediately eliminated by the Exhibitor at the request of the Organiser, the Organiser is entitled to take appropriate action and, if necessary, close the stand. As part of their promotional activities, Exhibitors are responsible for compliance with all copyright on images and sound media.
Sales at the Fair are at the Exhibitor's own risk. Each Exhibitor must personally ensure that he/she has all the invoices, health and other necessary permits in accordance with the legislation in force.
9. HANDLING AND CLEANING
The Exhibitor must keep the stand occupied with the registered goods for the entire duration of the fair, unless the stand has been rented specifically for a representative exhibition, and must also have it staffed by competent personnel. The Exhibitor is responsible for keeping the stand clean. The Exhibitor shall collect waste, sort it according to recyclable materials and place it in the designated waste container.
10. HYGIENE OR FOOD SAFETY REQUIREMENTS
The Exhibitor must guarantee: - adequate refrigeration facilities for perishable foodstuffs - protection of goods offered for sale or stored against dust, dirt, drip infestation, ... - adequate drainage for waste water - adequate hygiene of sales staff.
11. CANCELLATION
The exhibitor has the right to cancel his participation in the fair in writing by 10:00 a.m. the week before the fair (11th day before the fair). In this case, the paid rental fee can be used for the next fair. (No money refund!) If the cancellation is not made in time and the exhibitor does not attend the fair, the total rental fee will be forfeited.
12. ALLOCATION OF EXHIBITION SPACE
Stands will be allocated according to the organiser's criteria - fair themes, product orientation or spatial relationships (desired stand sizes). The date of registration is not decisive in this respect, and special requests from the exhibitor will be taken into account by WAMP as far as possible.
13. SUBLETTING/RENTAL OF THE STAND TO THIRD PARTIES
It is forbidden to transfer the exhibition space allocated by WAMP to another person, to hide the product or place it with the products of others, and it is forbidden to sell the work of already excluded designers or to share an exhibition space with another designer. If this does happen, WAMP has the right to ask the offending Exhibitor to leave the Fair immediately and to remove the Exhibitor from the system.
14. CREATIVE COMMUNITIES
WAMP offers the possibility to apply for a creative community, provided that this community meets the following criteria: a community of up to 4 brands that have not previously been members of WAMP, applying jointly to WAMP under one name. The group must judge the products of all its members. The creative community must also formally demonstrate its affiliation, which may take the form of a jointly created and operated legal entity, a shop, a sales platform.
15. PAYMENT TERMS
a) By accepting the terms of payment, the exhibitor accepts the electronic invoice issued by WAMP Event GmbH and stores it for the prescribed period and in the specified manner in accordance with the applicable legal provisions.
b) Invoicing is carried out electronically.
c) The issued electronic invoice will be sent to the e-mail address registered by the user in the system.
d) The deadline for payment of the rental fee is 10:00 a.m. of the week preceding the Fair to which the contract relates (11th day before the Fair).
e) If the payment is not received on time, the participant must provide proof of payment by sending a bank transfer slip. The bank charges for the transfer will be borne by the Exhibitors.
f) If the payment is not made by the end of this period (11 days before the Fair), the Exhibitor will lose the right to participate and his/her booking will be cancelled.
16. PAYMENT METHODS
a) The method of payment of the purchase price at WAMP is at the participant's discretion and may be made by PayPal, advance payment, instant bank transfer or credit card (VISA, Mastercard, American Express, Diners Club, Discover).
b) PayPal
When the Applicant registers, he/she provides his/her bank details once, from then on he/she only pays with his/her email address and password.
It's like a wallet, but digital. Each time you make a purchase, you can choose to pay with your bank account or credit card. PayPal is particularly secure because the Applicant does not need to provide any financial information when making a purchase.
Payment on the spot is not possible!
Payment by instalments is not possible!
Timely payment of invoices and other fees, as well as the settlement of any outstanding debts, is a prerequisite for the provision of the stand. In the event of late payment, § 1333 of the ABGB and § 352 of the UGB apply.
The Organiser shall be entitled to claim compensation for any loss incurred as a result of late payment and to charge default interest of 5 percentage points in addition to the applicable basic interest rate set out in Part II of the Federal Law Gazette No. 22/1999 BGBI, and to recover from the late payer all losses and other costs arising from the late payment which are necessary for the proper functioning and contribution of the Organiser.
17. RENTS
a) Participation in the WAMP event is subject to payment of the fee set out in the Terms and Conditions. The rates indicated on the online registration form for registered members or non-members shall prevail at all times. They include the relevant costs of attending the event, including any written documents and working materials. Travel, accommodation and lunch costs are covered by the participants.
b) The rental fee is charged per day (11:00 to 19:00).
c) A fixed booking fee will be charged for sales and other activities at the WAMP fair. Each exhibitor shall pay the fee for at least one meter of exhibition space. The fee for participation in the Fair includes the right to sell on the premises, the fee for the use of the table, if a table is rented, the tablecloths, and the advertising and promotion of the Fair.
d) Prices (width*depth), net prices: https://wamp.at/hu/wamp-becs-arlista
e) VAT will be added to all the daily rates indicated. WAMP normally charges the participation fees specified in the contract after the contract has been concluded.
f) Participation fees may vary from those indicated depending on the theme of the exhibition or the season. WAMP will notify participants in advance by official newsletter before the opening of the fair and before registration each time.
18. EXHIBITION AREA
a. The Exhibitor's authorisation to use the rented exhibition area shall apply only to the events and for the times and purposes stipulated in the contract.
b. If the Parties have not agreed to an exclusive or full rental in the contract for one or more WAMP venues, there may be overlap in the flow of visitors and guests, particularly in the lobby, entrance and restroom areas, and information system. This does not affect the tenant's rights of use; on this basis, any claim by the participant against WAMP is excluded.
19. ALTERATIONS AND DECORATIONS
Any changes to the exhibition plans approved by WAMP and to the appearance and/or equipment of the rental area may only be made after prior consultation with WAMP and with the express consent of WAMP. The Exhibitor alone shall bear the additional costs of such changes.
20. COPYRIGHT INFRINGEMENT
a. WAMP requires that all applicable laws relating to the protection of trademarks and designs, the respect and preservation of the intellectual property rights of third parties, copyright and rights of use are respected at all times and without exception for all Exhibitors at the Fair.
b. In the event that such provisions are found to have been violated by an Exhibitor for any reason whatsoever, WAMP shall have the right to terminate the contract with the Exhibitor with immediate effect and to require the violator to close the stand and to leave the fair. Any objects or equipment with which the infringement has been committed must be removed from the WAMP fair site immediately. If the Exhibitor or its employees fail to do so, these tools and objects will be removed from the fair by WAMP at the Exhibitor's expense. In the event of an infringement committed by more than one person, the offenders shall be jointly and severally liable without limitation. In this case, WAMP shall not be liable for any infringement committed by the Exhibitors. The Exhibitor shall be personally liable to indemnify in full any person who has been damaged by his infringement.
21. INFORMATION ON THE (AUSTRIAN) VALUE ADDED TAX ACT
a. According to Austrian legal terminology, the transfer of stand space is considered a service and the legal relationship is essentially governed by the law of the place of supply (cf. UStR 640). For EU companies with an international tax number, the space rental fee (§ 6(1) UstG) is taxable as a service. 16) is not subject to VAT and therefore only the net amount of the rental fee is payable. In Austrian legal terminology, the service is subject to reverse charge. Austrian entrepreneurs and domestic and foreign private individuals are therefore subject to a 10% sales tax. If a company with an EU, international tax number generates revenue at the fair (sells its goods directly at the fair), it is liable to pay VAT on the goods sold in Austria and must submit its tax return to the tax office in Vienna. In this respect, VAT registration with the above-mentioned tax office is required.
b. WAMP reminds Exhibitors that it is imperative that they comply with the legal requirements for Austrian cash registers and tax payment. It is the sole responsibility of each Exhibitor to check which regulations apply to them and what legal action they are obliged to take in relation to the legality of their participation/activity at the fair. In no event shall WAMP be liable to Exhibitors for any legal disadvantage suffered by Exhibitors as a result of non-compliance with these obligations, nor shall WAMP be obliged to provide tax advice to Exhibitors. Exhibitors shall be responsible for their own breaches. (Sent to Viki)
22. ADVERTISING
Advertising material may only be distributed or displayed inside the designated stand. Advertising materials (banners, flags, signs, etc.) may only be placed within the rented stand area, including their fixing. Assembly must be carried out professionally. Advertising requirements outside the designated stand area must be agreed with the Organiser. In this case, WAMP reserves the right to charge the Exhibitor a fee. In case of non-compliance with this provision, the Organiser will remove the advertising material at the expense of the responsible Exhibitor. The display of any devices, including those for advertising purposes, may be restricted or prohibited in order to maintain the legality of the fair even after approval has been granted. The rules of fair competition must be strictly observed. Advertisements by Exhibitors that unlawfully prevent or hinder the business of other Exhibitors are not permitted. In case of unfair behaviour towards other Exhibitors, the Organiser has the right to close the stand immediately. The Exhibitor shall be liable to pay compensation for all material and non-material damage caused to other Exhibitors as a result of its own prohibited or unlawful advertising activities and shall also indemnify the Organiser in such cases.
23. PHOTOGRAPHS / DRAWINGS / FILMS
Photographs, digital and/or film recordings are prohibited throughout the fair without the written permission of the Organiser. The Organiser is permitted to take photographs, digital and film recordings of the stands and goods and to publish them or use them free of charge. The Exhibitor waives all copyright claims and objections against the Organiser.
24. DATA PROTECTION
By registering for the Fair, the Exhibitor consents to the provision, use and publication of the data provided by him/her in all print and electronic media of the Organiser. The downloading and copying in any form of data relating to the fair, in particular electronic programs, parsing and/or crawling, and the entering of data and addresses in external databases is expressly prohibited. In the event of infringements, a fee of EUR 120 per register will be charged and a criminal complaint will be lodged. WAMP's privacy policy can be found at www.wamp.at under Privacy Policy.
25.IMAGE AND SOUND RECORDING:
By attending the event, visitors automatically consent to the taking of images and audio recordings of themselves at the fair, which the organisers may use for their own communications in the future free of charge.
Exhibitor and/or Visitor, by entering the Fair, expressly consents to WAMP or a contractor engaged by WAMP to take and use any photographs or video recordings of Exhibitor and/or Visitor (whether individually or in a crowd). Exhibitor and/or Visitor acknowledges that, in view of their consent, they shall not assert any claim against WAMP in this regard.
Visitors are obliged to comply with the current health and sanitary rules and regulations on the fair premises.
26. INDUSTRIAL / COPYRIGHT PROTECTION
The Exhibiting Company is responsible for the protection of copyrights or other industrial property rights of other Exhibitors. Each Exhibitor shall respect the industrial property rights of other Exhibitors and shall refrain from infringing them. Any proven infringement of property rights may result in the immediate closure of the stand.
27. EXHIBITION OF EU GOODS SUBJECT TO CONTROL AND USE
Goods from the EU which are subject to inspection and use and which are offered for sale or direct consumption at the fair must be registered with the Vienna customs one week before the event begins.
28. DISMANTLING THE STAND
No stand dismantling may begin before the end of the fair. The Exhibitor is responsible for any damage to the movable property belonging to the Organiser. The exhibitor's table and umbrellas must be returned in their original condition at the end of the fair on the day of the fair. After this date, the Organiser will remove and store any stands not dismantled and any exhibits at the Exhibitor's expense. The Organiser shall not be held liable for any loss or damage to stored goods or exhibits.
29. LIABILITY AND DAMAGES
a. WAMP shall not be liable for the theft of exhibits or for the integrity of exhibits brought to the fair by the Exhibitor or third parties, nor shall WAMP be obliged to take out insurance for exhibits. WAMP accepts no liability whatsoever for items brought to the fair or sold by the Exhibitor.
b. The Exhibitor shall be solely responsible for compliance with traffic safety obligations and other safety requirements associated with the rental item and shall fully indemnify WAMP for any damage caused.
c. The Exhibitor shall be liable to WAMP for any damage caused by it, its employees, contractors, or its exhibits and facilities to other persons or property. The Exhibitor shall keep the exhibition stand and the goods exhibited at his own risk. WAMP shall not be liable for any property/health or other damage incurred in connection with the preparation, execution and conduct of the exhibition by the Exhibitor, its employees or third parties for any reason whatsoever.
d. WAMP is liable only if the damage was caused intentionally by it or its employees. The Exhibitor shall not be entitled to claim for damages caused by the acts or omissions of WAMP, other Exhibitors, their employees or their contractual partners. The Exhibitor shall promptly notify WAMP in writing of any existing defects and give WAMP an opportunity to correct the defects. If the Exhibitor does not immediately notify WAMP in writing of the defect, it shall not be entitled to compensation. WAMP assumes no responsibility for errors (printing errors, etc.) in the official fair catalog and/or other printed materials.
e. The Exhibitor is solely responsible for the safety of customers and goods in the rented stand area and is therefore recommended to take out liability insurance.
f. In particular, the Organiser shall not be liable for any loss or damage to information, data, interruption of business, loss of profit or any other failure to perform on the part of the Exhibitor. In the event of loss or damage to information or data, the Organiser's liability for damages shall not include the costs of restoring the lost data.
g. The Exhibitor/Seller who violates the WAMP technical specifications and regulations may be subject to administrative proceedings.
30. ENFORCEMENT
The Organiser shall be liable to the Exhibitor only for damage caused to the Exhibitor by its gross negligence, and its liability for damages shall be limited to the amount of the rental fee paid by the Exhibitor. The Exhibitor must immediately make any claim against the Organiser by registered letter within seven days of the end of the event.
31. PLACE OF PERFORMANCE AND JURISDICTION
The place of performance is Vienna. The parties submit to the exclusive jurisdiction of the competent court in the place where WAMP is located.
32. COPYRIGHT
All messages, graphics and the design of the WAMP website are solely for the personal information of our Customers. You use the site solely at your own risk. All information contained in this offer is protected by copyright. Reproduction, copying and printing of the entire website is permitted for ordering purposes only. Any further reproduction, distribution and/or copying exceeds normal use and is in breach of copyright.
33. AMENDMENT OF THE Terms and Conditions
a. WAMP reserves the right to unilaterally amend these Terms and Conditions. The Exhibitor and the Visitor acknowledge that WAMP is entitled to unilaterally amend these Terms and Conditions in the event of any of the following reasons: a change in a mandatory provision of the law; if the amendment is justified by the safety or economic viability of the Fair at any time, or by public safety or public health considerations; or for any other reason.
b. WAMP may modify the Terms and Conditions no later than 15 days before the Fairs. WAMP will notify Exhibitors registered at www.wamp.at of any modification to the Terms and Conditions by electronic mail to the electronic mail address provided by the Exhibitor at the time of registration. It is the Exhibitor's responsibility to amend the details (including e-mail address) provided during registration in WAMP's electronic registration systems; failure to do so will result in WAMP's exclusion of any liability to the Exhibitor. WAMP will notify Visitors who have subscribed to the newsletter service on www.wamp.at of any changes to the Terms and Conditions by electronic mail to the e-mail address provided by the Visitor.
c. The Exhibitor decides for himself whether he wishes to use the services of WAMP in the future under the changed general terms and conditions.
d. The Exhibitor is entitled to terminate the contract with WAMP immediately before the changes come into effect without having to comply with the agreed termination periods or incur the costs of termination. Termination shall be effective only in writing. WAMP shall acknowledge receipt of the Exhibitor's termination in writing immediately upon receipt.
34. FINAL PROVISIONS
a. These general terms and conditions shall enter into force on 10 February 2024
b. The official language of the contract is German.
c. The Exhibitor undertakes to update the WAMP system with any changes to its data, such as name or company name, e-mail address, telephone number, business address, legal form, company registration number, etc.
d. This provision shall be without prejudice to the mandatory provisions of the FAGG, BGBI 2014/33idgF, provided that the participants qualify as consumers within the meaning of Section 1 of the Consumer Protection Act (KSchG).
35. VALIDITY CLAUSE
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. Such invalid or unenforceable provisions shall be deemed to be replaced by valid and enforceable provisions which best serve the economic purpose intended.
Vienna, 12. February 2024.
The team of WAMP Event GmbH