The contract between the contractual partner (hereinafter referred to as the "exhibitor") and the organizer regarding the exhibitor's participation in the festival is concluded by returning the organizer's offer signed by the exhibitor (by post, fax or scanned by email). Reservations, deletions, additions and changes to the organizer's offer or the exhibition conditions are not valid. Deviating regulations or terms and conditions of the exhibitor only apply if the organizer has expressly consented in writing. By signing the organizer's offer, the exhibitor accepts the festival conditions without restriction. The festival conditions apply not only to the room rental but also to all ancillary services or additional orders, such as advertising services, exhibitor insurance, stand construction services, rental of equipment, provision of electricity, water and other facilities. In connection with space rental, the exhibitor can also place written orders via an authorized representative, whereby the conclusion of the contract by email is sufficient. The organizer reserves the right to change the start and duration of the festival or to postpone the event to another date while maintaining the contractual relationship, without the exhibitor being able to derive any claims of any kind against the organizer (e.g. withdrawal, compensation). The organizer reserves the right to transfer the implementation of the event to a third party (licensee). By signing the organizer's offer, the exhibitor agrees to any future contract transfer without the need for any further declaration from the exhibitor, so that in the event of the implementation of the event being transferred to a third party (licensee) against whom the exhibitor has a claim, the exhibitor can assert all rights and claims exclusively against the third party (licensee).
As soon as the offer signed by the exhibitor has been received by the organizer, the exhibitor is obliged to participate in the festival. The prices stated in the organizer's offer apply to the services mentioned or the duration of the event. Each square meter of stand space used will be charged in full. All prices stated are net prices. In addition, the exhibitor is obliged to pay all applicable taxes, fees and duties, in particular sales tax, advertising tax and legal transaction fees.
The organizer is not obliged to send the exhibitor an offer. The sending of an offer, including the allocation of space, is at the sole discretion of the organizer. Sales representatives and importers can exhibit for the companies they represent. Only the products listed in the registration form may be exhibited, advertised and sold at the festival. The exhibitor is obliged to exhibit his products without restrictions for the entire duration of the trade fair. Early closure or dismantling of the stand is not permitted. In the event of a breach of these obligations, the organizer can terminate the contract without notice and assert claims for damages against the exhibitor. Submitting an offer to participate in the festival does not give rise to a legal claim to admission to another festival.
In the event of cancellation or withdrawal of the registration by the exhibitor, the following cancellation fees apply: Up to six weeks before the start of the festival - 40% of the stand rental. Less than six weeks before the start of the festival - 100% of the stand rental. In both cases, all taxes, contributions, fees and additional costs must also be paid. The cancellation fee is agreed as a flat-rate compensation fee, regardless of any fault or obligation to pay, and the exhibitor waives the right to a reduction in the claim for damages, in particular to judicial arbitration, for whatever reason, including for reasons of balancing the benefits. The exhibitor accepts that the cancellation fees must also be paid if the organizer succeeds in renting or selling the festival stand to third parties. The assertion of compensation that exceeds the agreed cancellation fee remains unaffected.
After returning the signed offer, the exhibitor will receive an advance invoice for 60% of the offer, 4 weeks before the start of the festival 40% of the offer, payable within 7 days without deductions. Invoices issued after this date are due immediately. The exhibitor is obliged to pay all costs for ancillary services and additional orders upon invoicing. In any case, an invoice can specify different payment terms and dates that are binding for the exhibitor. The prerequisite for the handover of the allocated stand space is the timely payment of the invoice. If the invoice amount is not received by the organizer on time, the organizer is entitled, without setting a further deadline, to assign the allocated stand to a third party and to invoice the exhibitor cancellation fees in accordance with point 4 of these festival conditions. Objections to the invoice must be raised within 5 days of receipt. After this time, the invoice is deemed to have been approved. Complaints received later are invalid. In the event of late payment, 12% interest per annum will be charged from the due date, plus a reminder fee of EUR 35.00. In addition, the exhibitor is obliged to reimburse the organizer for any reminder and collection costs incurred. The legal costs and enforcement costs stipulated by the courts remain unaffected. If the invoice is sent to another invoice recipient, the exhibitor must ensure that the invoice is paid on time and is obliged to pay the fee immediately if the other invoice recipient defaults on payment. The exhibitor is not entitled to withhold payment of invoices due to counterclaims of any kind, to refuse payment or to offset them against such claims.
All fees, duties and taxes, in particular VAT and advertising tax, are to be borne by the exhibitor. All prices stated are net prices, excluding taxes, surcharges and fees.
The organizer is particularly entitled to withdraw from the contract with immediate effect if:
If the event is canceled due to reasons of force majeure, such as e.g. B. strikes, political events, epidemics, natural disasters, fire, official orders, delayed or missing official permits, changes in the law, terrorism, restrictions on energy supplies or other important events, there are reasons for which the organizer is not responsible and which make the holding of the event unreasonable or impossible, or if the event has to be postponed while maintaining the contractual relationship, the organizer will inform the exhibitor of this immediately. The organizer is also entitled to cancel or postpone the event while maintaining the contractual relationship if the conditions for holding the event change or worsen due to the spread of the SARS-CoV-2 virus or a comparable infectious disease or due to official orders or requirements. This also applies if there is no case of force majeure in the individual case. The organizer is also entitled to cancel the event for economic reasons or to postpone it while maintaining the contractual relationship and will inform the exhibitor of this if possible two months before the event date. In the event of an event being postponed by the organizer in accordance with this point, the exhibitor is not entitled to any claims, in particular no claims for damages or rights of withdrawal, and the exhibitor is not obliged to pay cancellation fees to the organizer in accordance with point 4. In the event of an event being cancelled by the organizer in accordance with this point, the exhibitor is not obliged to pay the fee to the organizer in accordance with point 2, or any fee already paid will be refunded to the exhibitor by the organizer. The exhibitor is not entitled to any further claims, in particular no claims for damages, and the exhibitor is not obliged to pay cancellation fees to the organizer in accordance with point 4.
Unless otherwise agreed, the stand area will be made available to the exhibitor without stand partition walls and without equipment. If there are supports, beams, fire protection equipment, etc. on the stand area, the exhibitor is not entitled to a reduction in the fee. The exhibitor is obliged to inform the organizer about the structural conditions of his stand area in good time before planning the stand construction. The exhibitor must design his permanent stand in such a way that the stand boundaries are not exceeded and neighboring stand areas are not affected by exhibits, advertising space, etc. Exhibitors who do not set up a permanent stand or have one set up on the stand area are obliged to separate the stand area allocated to them from all sides that do not border on a visitor aisle with suitable partition walls. The exhibitor's stand structures must not exceed a height of 250 cm. Higher stands are only permitted after the presentation of building plans (all views, floor plan) and written consent from the organizer, whereby it should be noted that a neighboring zone of 2 meters must be observed or a written declaration of consent from the neighboring stand must be presented. Building plans must be submitted to the organizer at least 2 months before the start of the festival. For two-story stands, a surcharge of 30% is charged on the stand price per square meter of built-up area. Before multi-story stands are set up, the written consent of the neighboring exhibitors (except island stands) and a report from a civil engineer on the proper and professional construction must also be obtained. For safety reasons, glass structures (except safety glass) may only be installed at a minimum distance of 50 cm from the stand boundary. All walls that border visitor aisles (especially island stands) may only be built up to a third of the total area and must be designed accordingly. The exhibition space rented by the exhibitor is provided without partition walls and is demarcated by floor markings. The exhibitor must strictly adhere to the set-up and dismantling times. Exceeding these times is only permitted with the written consent of the organizer and against payment of the fees incurred for extending these times. If these times are exceeded without permission, the exhibitor is obliged to pay the additional fees as a minimum compensation, whereby the organizer reserves the right to assert further claims for damages. The stand must be set up at least one day before the start of the festival by 12 noon. If the rented space is not occupied by this time or if the exhibitor does not notify the organizer, the organizer is entitled to award the allocated stand space to a third party without further notice or to charge the exhibitor cancellation fees. The construction work must be completed by 8 p.m. on the last day of construction at the latest. If the set-up/dismantling time is exceeded, claims for damages of any kind against the organizer are excluded. If the dismantling time is exceeded, the organizer is entitled to arrange for the stand structures and objects to be cleared and stored at the exhibitor's expense and risk. After dismantling, the exhibitor must restore the stand to its original condition. The exhibitor must compensate the organizer for any damage caused by improper handling of the stand areas, structures and equipment. During the set-up and dismantling periods, each exhibitor has an increased duty of care to ensure the safety of their goods. Valuable and easily movable exhibits must be removed from the exhibition stand outside of festival opening hours (especially at night) and stored at the exhibitor's own risk.
Electricity, water and other technical connections can be made available to the exhibitor against payment of connection and usage fees. Installations on supply lines may only be carried out by partner companies of the organizer. All devices, systems and installations of the exhibitor must comply with the relevant standards and the event regulations and requirements.
The exhibitor is liable for personal injury and property damage caused by him, his employees, agents or by his exhibition items and equipment, and is obliged to indemnify and hold the organizer harmless from any claims made by third parties in this regard. The organizer accepts no liability for theft, loss or damage to the exhibitor's exhibits, equipment and vehicles. The organizer is not obliged to take out insurance. The organizer accepts no liability for incorrect entries or entries on the website and/or in the printed exhibitor directory (festival guide) and other festival printed matter (printing errors, formal errors, incorrect classification, non-inclusion, etc.). Apart from personal injury, the organizer's liability for damages suffered by the exhibitor, regardless of the type and for whatever legal reason, which arise for the exhibitor, its employees or third parties in connection with the preparation, implementation or handling of an event, is limited to damages for which the exhibitor can prove that the organizer or its vicarious agents caused them intentionally or through gross negligence. The organizer's liability for indirect damages, consequential damages, pure financial losses or lost profits is fundamentally excluded. The organizer's liability for damages suffered by the exhibitor - regardless of the legal reason - is fundamentally limited to a maximum amount equal to the contractual fee. The exhibitor is obliged to notify the organizer of any claims in writing immediately, but no later than 7 days after becoming aware of them, otherwise they are deemed to have been forfeited. The exhibitor's claims for damages must be asserted in court no later than 6 months after the occurrence of the event causing the damage. Any further warranty and liability claims by the exhibitor not mentioned here, for whatever legal reason, are excluded - to the extent permitted by law.
The room rental does not include insurance for the exhibitor's objects and equipment or the exhibition stand. If the exhibitor takes out appropriate insurance with an insurance company, the conditions agreed in writing when concluding the insurance contract apply.
The distribution of printed matter and advertising material is only permitted within the allocated stand areas. Advertising measures for companies other than those of the exhibitor require the written consent of the organizer. Advertising and marketing measures outside the stand area, in particular in the parking lots, and the conduct of surveys are only permitted by the exhibitor after a separate agreement and for a separate fee. In the event of violations of competition law, the organizer is entitled to close the exhibitor's stand, whereby all claims by the exhibitor in this regard are excluded.
Special events and demonstrations of all kinds that go beyond the usual presentation of goods require the written consent of the organizer. All special events and presentations of any kind at the stands or on the festival grounds require the written consent of the organizer. Despite consent already granted, the organizer is entitled to restrict or prohibit demonstrations that cause noise, dirt, dust, exhaust fumes and the like or that otherwise disrupt the proper running of the festival. Acoustic or audiovisual performances on the festival stand must be designed in such a way that the noise level, measured at the stand boundary, does not exceed 40 dBA. If the volume is not immediately brought within the permissible limits on the organizer's orders, the management reserves the right to take appropriate measures - possibly up to and including closing the stand. The respective exhibiting company is responsible for registering with the AKM (Austrian Performance Society). The exhibitor is not permitted to conduct games of chance or games of chance that require a stake.
The organizer is granted the right to photograph and film within the festival grounds and to use this material for its own or general publications. In this respect, the exhibitor waives all rights of objection under the laws on industrial property rights, in particular copyright, as well as the right to complain to the trade office (UWG). The central regulation that must be observed when taking pictures and publishing personal images is Section 78 of the Copyright Act (UrhG). However, publication or distribution of the images taken in public is only permitted if this does not violate the unlawful interests of the person depicted or of the festival.
The organizer is responsible for cleaning the grounds and the corridors in the halls. The exhibitor is responsible for cleaning the stand area and disposing of waste in the containers provided. The exhibitor himself must arrange for the disposal of hazardous waste. At the request and expense of the exhibitor, cleaning partners approved by the organizer will clean the stand.
Driving on the festival grounds with motor vehicles of any kind is only permitted with registration and with the approval of the organizer. In the case of special transport, the organizer's written consent must be obtained in good time. After the end of the set-up period, all vehicles must be removed from the MarxHalle grounds without exception. Any failure to comply with the above provisions will be punished as trespassing and Marx Hall is free to have illegally parked vehicles removed at the vehicle owner's expense. The organizer does not accept any shipments intended for the exhibitor and is not liable for any loss or for incorrect or delayed delivery. If necessary, the organizer will store exhibition goods and packaging at the exhibitor's expense and risk.
The festival conditions and the relevant legal provisions must be strictly observed. The same applies to all fire safety regulations and orders from the authorities responsible for events. Violation and/or non-compliance with these festival conditions, the contractual agreements and violation of legal regulations entitle the organizer to close and clear the assigned festival stand at the exhibitor's expense without legal proceedings. Instructions and orders from the organizer or his vicarious agents must be followed without exception by the exhibitor, his employees and vicarious agents. This applies in particular to the parking spaces assigned to the Marx Halle site.
The processing of personal data by the organizer is carried out in accordance with the applicable data protection provisions and regulations.
You expressly agree that ChrisEvents GmbH may send you e-mails from time to time with information, advertising and surveys about our own offers, events and services as well as information about products or services of other companies in connection with the Vienna Chocolate Festival or similar events ("e-mail newsletter") or to contact you by telephone to conduct surveys about our own events and services.
Changes, additions and supplements to this agreement must be in writing to be effective. This also applies to the waiver of the written form. Oral agreements are not valid. The exhibitor cannot derive any rights of any kind from previous events or agreements.
Austrian law applies exclusively. The court and place of jurisdiction for both parties is Vienna. The invalidity of individual festival conditions does not affect the validity of the remaining provisions and does not lead to the termination of this agreement. The following documents are part of these festival terms and conditions: the registration form, the exhibitor conditions, the safety regulations, the assembly conditions and, if applicable, booking forms for seminars and lectures.