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- GENERAL TERMS AND CONDITIONS OF SALE
Art. 1 :
Purpose and Scope
These
conditions govern the participation of exhibitors in events organised
by Happy Monday SARL-s and Element SRL (hereinafter referred to as "the Organiser"). Access
is strictly reserved for professionals holding a valid access pass.
Unless otherwise stated in writing, only companies, organisations or
administrations demonstrating an activity in the tourism and
event sectors are permitted.
Art. 2 :
Responsibility of the Organiser
The Organiser
commits to implementing the necessary means for the success of the event
(obligation of means). Its responsibility is strictly limited to direct
material damages, excluding any indirect damages such as loss
of business, loss of profit or commercial harm. In any case,
except in cases of fraud or gross negligence, the total amount of compensation
payable by the Organiser shall not exceed the amount excluding VAT paid by the
exhibitor for their reservation.
Art. 3 :
Acceptance and Sanctions
Any request for
reservation implies unconditional acceptance of these conditions, which
take precedence over any purchasing conditions of the exhibitor. In the event of a
serious breach or non-compliance with the provisions herein or safety
instructions, the Organiser reserves the right, after notification (even verbal
in case of emergency), to: Proceed with the immediate exclusion
of the exhibitor or the closure of their stand, without refund or
compensation Have any non-compliant items removed at the
expense and risk of the exhibitor.
Art. 4 :
Modifications to the Regulations
The Organiser
reserves the right to rule on unforeseen cases and to make any
necessary modifications for the proper functioning of the event. These modifications
are applicable as soon as they are communicated.
Art. 5 :
Schedule and Venue
The dates and
venues mentioned at the time of booking are indicative. The Organiser may
modify them for organisational imperatives, provided that they inform
the exhibitor within a reasonable time. Access to the event and setup is
only permitted for exhibitors who have paid their invoice in full.
Art. 6 :
Admission and Accreditation
The Organiser
is the sole judge of admission requests and is not obliged to justify its
refusals, particularly in the case of prior disputes or outstanding payments.
Accreditation is personal; no person (exhibitor or service provider) may
access the event without having been previously registered and validated
by the Organiser.
Art. 7 :
Use of the Space
The exhibitor may
only present the products or services validated at the time of their admission.
Any transfer, subletting or sharing of space is prohibited without prior
written agreement from the Organiser. Advertising for non-exhibiting third parties
is strictly prohibited.
Art. 8 :
Allocation of Spaces
The Organiser
freely allocates spaces according to technical and artistic criteria and the date of booking / payment.
Although it strives to meet the wishes of participants, no
claims will be accepted regarding the allocated space. Past participation
does not confer any acquired rights to a specific space nor to the
automatic renewal of participation in a future event.
Art. 9 :
Occupation and Security of Goods
The stand must
be permanently occupied by a competent person. The following are prohibited, under
penalty of the sanctions provided for in Article 3:
-loud demonstrations and
shouting aimed at attracting customers and causing inconvenience
to the occupants of neighbouring stands and their visitors
-the display of posters and
banners
-the use of sound systems
without written consent from the organiser
The Organiser
will not receive any packages; the exhibitor must be present for their deliveries.
The Organiser disclaims all responsibility in case of loss or theft.
Art. 10 :
Ethics and Competition
The exhibitor
guarantees the compliance of their products with current regulations and
prohibits any misleading advertising or any act of unfair competition. They guarantee the Organiser against any
claims from third parties in this regard.
Art. 11 :
Promotion and Deadlines
The organiser has
the sole right to edit, or have edited, and to distribute the brochure of
the events.
The
information necessary for the drafting of the brochure and promotional
materials will be provided by the exhibitors within the deadlines and specs
technical requirements imposed. The organiser will not be responsible for any
omissions, reproduction errors, composition errors or others that may occur.
The exhibitor
commits to respecting the deadlines imposed by the organiser. Outside of these
deadlines, the organiser can no longer guarantee the appearance of the exhibitor in
the brochure and other promotional and communication materials.
Art. 12 :
Customs and Official Authorisations
Each exhibitor
is solely responsible for completing the customs and
administrative formalities related to materials and products coming from or
going to abroad. The Organiser cannot be held responsible for
any delays, blockages or any other difficulties arising during these
formalities, nor for their consequences on the exhibitor's participation.
Art. 13 :
Intellectual and Industrial Property
The exhibitor takes
personal responsibility for the legal protection (patents, trademarks, copyright)
of the materials, products and services presented, in accordance with the
applicable regulations. These protective measures must be
taken before the presentation of goods at the event. The Organiser disclaims
any responsibility in the event of disputes, infringement or theft of concept
between exhibitors or towards third parties.
Art. 14 :
Insurances and Responsibilities
Responsibility
of the Organiser: The Organiser is liable for their professional civil
responsibility in their capacity as the organiser of the event. This
responsibility does not extend in any case to damages caused by third parties or by
other participants.
Responsibility
of the Lessor: The owners of the premises and external service providers
are responsible for their own civil liability regarding their respective
installations and operations.
Obligations of
the Exhibitor: The participant must be covered by a civil liability insurance policy
covering all damages (bodily, material and immaterial) caused to others by themselves, their staff, their
subcontractors or their installations.
Damage to
Property: The exhibitor must take out insurance covering the materials belonging to
him or for which he is responsible (entrusted goods). It is the responsibility of each
participant to ensure the supervision and protection of their own personal effects
and goods; the Organiser accepts no responsibility
in the event of loss, theft or damage.
Art. 15:
Safety and Discipline
Compliance with Standards: The participant is required to strictly comply
with the safety measures imposed by public authorities as well as the specific instructions issued by the Organiser.
Fire Prevention: The exhibitor must ensure that all
layout, decoration or accessories added to their stand are fireproof or of non-flammable category according to current standards.
Prohibitions: It is strictly forbidden to smoke or vape
within the venue of the event.
Control: The Organiser reserves the right to check at any
time compliance with these measures. The decisions of the Organiser or security agents regarding the enforcement of the safety regulations are to be executed
immediately and without appeal.
Art. 16: Modification, postponement or
cancellation of the Event
16.1. Force Majeure and similar cases
The Organiser shall not be held responsible for
non-performance, postponement or cancellation of the Event if
this results from a case of force majeure as defined by
Luxembourg case law, or from one of the following equivalent events: decisions or
restrictions by public authorities, armed conflicts, serious disturbances to public
order, natural disasters, health crises or epidemics, as well as major
technical or logistical failures beyond the control of
the Organiser (notably: nationwide paralyzing general strike, systemic
power failure or large-scale telecommunications network failure,
collapse of essential infrastructure, or complete blockage of public
transport).
16.2. Postponement of the Event or change
of venue
In the event of the occurrence of one of the events
referred to in article 16.1, or an unforeseen unavailability of the planned premises,
the Organiser is expressly authorised to change the venue of the Event or to
delay the date, provided that the Exhibitor is informed in writing as soon as
possible. In the event of a postponement within a maximum period of twelve (12) months,
the contractual commitment of the Exhibitor is automatically maintained for
the new date, without any additional processing fees. In the event of a substantial modification of the format, the Organiser
reserves the right to propose the substitution of the physical Event
by a digital format event. The financial terms of this
digital participation will be subject to an amendment or a
pricing adjustment proportional to the cost of the services provided.
16.3. Cancellation of the Event
If the Organiser is forced to cancel
the Event definitively for one of the reasons stated in article 16.1, the
present Contract will be resolved (or terminated) by operation of law, without prior
judicial formalities, upon written notification sent to the Exhibitor.
In this case, the Organiser
will proceed to refund the deposits and registration fees actually
paid by the Exhibitor, to the express exclusion of any compensation,
damages or financial compensation of any kind
(including for loss of earnings or logistics costs incurred by
the Exhibitor).
Art. 17: Registration and Paymentt
Registration becomes effective upon
receipt of the duly completed form.
The total invoice must be paid
before the event. No exhibitor will be accepted without full
prior payment.
Any registration commits the exhibitor to
comply with the rules of the event.
If the full amount due is not paid, the organiser reserves the right to:
·prohibit the exhibitor from
accessing the stand;
·re-rent the space to another exhibitor;
·demand full payment of the invoice and payment of administrative fees as damages, even in the case of re-renting the space to another
exhibitor.
Art. 18: Modification of
Registration
Any modification must be communicated
in writing to the organisation.
Requests will be processed subject to
availability, without guarantee of confirmation.
Art. 19: Rates
19.1. The service rates are
expressed in euros (€) and are exclusive of taxes (VAT excluded). They are subject to
applicable taxes, notably the value added tax (VAT) at the rate in
force in the Grand Duchy of Luxembourg on the day of invoicing. The due date for
payment is that expressly mentioned on the quote, the purchase order or the
billing document accepted by the Client.
19.2. General payment terms
Unless a specific condition is mentioned on
the quote, invoices related to service provisions (excluding Events
referred to in article 19.3) are payable within a period of fifteen (15) or thirty
(30) calendar days from their date of issue, according to the mention
stated on the said document.
19.3. Specific conditions for Events
By way of derogation from article 19.2.,
registration for any Event organised by the Organiser is conditional upon
the full payment of the corresponding invoice. The total payment
must be credited to the Organiser's account before the
holding of the Event. In the absence of full payment by this date, the Organiser
reserves the right to refuse access to the Event, without the Client being
entitled to any compensation.
19.4. Early Booking Offer («
Early Booking »)
When a discount under an «
Early Booking » rate is granted, its benefit is strictly subject to the
confirmation of registration and the full payment of the price no later than the
specified contractual deadline.
In the absence of effective receipt of payment
within the stipulated time, the reservation will be automatically cancelled, without prior
notice, resulting in the automatic loss of the benefit of the discount
and the reservation option. Any reactivation of the file or new
registration after this date will be subject to the standard rate in effect.
The payment deadlines for
obtaining the "Early Booking" rate are strictly set as follows: LuxTravelHub – Edition #1 (19 March 2026): Payment upon
receipt, no later than 08/02/2026. LuxTravelHub – Edition #2 (15 April 2027): Payment upon
receipt, no later than 15/10/2026.
Art. 20: Cancellation Conditions
• Any cancellation made within 8
days following registration is free of charge.
• Up to 60 days before the event: 50 %
of the total amount will be charged.
• Less than 60 days before the event or in
case of no-show: 100 % of the amount will be charged and payable.
In accordance with Luxembourg law,
the services related to accommodation and transport
(hotel bookings, transfers, etc.) are not covered by the right of
withdrawal, under the exceptions provided by the European directive 2011/83/EU,
transposed into national law.
Therefore, any booking of a
hotel room or transfer is firm, non-modifiable and non-refundable.
The corresponding amount will be charged at 100 % and payable, even in the case
of cancellation.
Art. 21: Payment Terms
Payment must be made by bank transfer
within 30 days from the date of invoicing.
If registration occurs less than 30
days before the event, payment must be made before the date of
the event.
Art. 22: Late payment
In accordance with Luxembourg law of 18
April 2004 on combating late payment in commercial transactions (transposition of European Directive 2011/7/EU),
every late payment gives rise to:
• late payment
interest at the ECB refinancing rate, plus 8 percentage points
;
• a penalty
of 15% of the amount due;
• flat-rate
recovery costs of €250.
Art. 23: Installation, equipment and
waste management
Exhibitors agree to comply with the
installation and dismantling times communicated.
The equipment brought must comply with
current safety standards.
Exhibitors agree to take back all their equipment
at the end of the event, including, but not limited to, brochures, flyers,
goodies, communication materials and any other promotional material.
Otherwise, a flat-rate penalty of €150 excluding VAT will
be charged for management, removal and waste treatment costs.
Art. 24: Respons
ibility
The organisers cannot be held
responsible for losses, thefts, deterioration or damage occurring during
the event.
Each exhibitor is responsible for their
property.
Art. 25: Protection of personal data
The data collected is processed
in accordance with the General Data Protection Regulation (GDPR).
They are used exclusively for
organising the event.
For any request for access, modification
or deletion: office@happy-monday.eu and contact@element-office.eu
Art. 26 : Right to image
The exhibitor expressly authorises the
organisers to capture, reproduce and distribute, without financial compensation,
their image, that of their stand, their products and/or their representatives, in
the context of photographs, videos or any other visual media created during
the event.
These contents may be exploited, in
whole or in part, on any medium (notably website, social networks,
promotional materials printed or digital) and for any communication related
to the event or the activities of the organisers, within the European Union
and for the legal duration of protection of the related rights.
The organisers guarantee that they have obtained
the agreement of the individuals appearing at their exhibition whose image
may be exploited in this context.
Art. 27 : Applicable law
These conditions are subject to
Luxembourg law.ourgeois.
In the event of a dispute, only the competent
courts of the Grand Duchy of Luxembourg will be recognised.
© Happy Monday SARL-s & Element SRL. T&Cs drafted by Me
Franck Simans - Study Alain Gross &
associates