Please note: “BolognaFiere” refers to “BolognaFiere S.p.A.”, whose registered office is located in Bologna, Viale Della Fiera 20, Zip Code 40127.
“Organiser” refers to “BolognaFiere Cosmoprof S.p.a.”, VAT number 04717230967, with Registered Office in Bologna, Via Maserati 16, Zip Code 40128. and with administrative office located in Milan, Via Cappuccini 2, Zip Code, 20122. The Organiser, in the performance of its commercial activity carried on in a competitive environment, organizes the exhibition named Cosmoprof Worldwide Bologna at the BolognaFiere’s fair district, hereinafter the “Exhibition”.
ART. 1 – REQUIREMENTS FOR THE ADMISSION TO THE EXHIBITION
The following subjects are entitled to be admitted to the Exhibition as exhibitors: a) Italian or foreign companies exhibiting their products or services falling within the range of the product sectors covered by the Exhibition. Should the manufacturing companies not directly participate in the Exhibition, their dealers, agents or general and sole representatives may be admitted on their behalf. b) such trading associations, public authorities and bodies that work institutionally for promotion, study, information and publication in the fields concerned in the Exhibition, hereinafter the “Exhibitors”. The Organiser reserves the right to assess the admission of the Exhibitors to the Exhibition and to prohibit the display of the same products, samples, or services in one or more than one booth within the same product sector.
ART. 2 – ACCEPTANCE OF THE GENERAL CONDITIONS OF PARTICIPATION IN THE EXHIBITION
By registering into the exhibitors’ reserved area of the Exhibition’s official website, the participant, the “Participant”, accepts to be bound by the present “General Conditions”,(as well as the Exhibitor Manual, the Safety Manual and the file of Miscellaneous Forms, the Fair District Regulations, provided by the Exhibitor Manual, and of any other provisions related to the organization and the operation of the Exhibition and of the fair district of BolognaFiere, the “Fair District”).
The dealers, agents or general exclusive representatives shall also attach to their participation form the list of companies which they represent and whose products they wish to display. The Organiser reserves the right to verify at any time and at its discretion the existence of the requirements and conditions for participation of the Participant into the Exhibition and, in case of lack of the said requirements and conditions, the Organiser is entitled to reject the Participant, excluding any liability for compensation or reimbursement in favor of the Participant. For this verification purposes, the Participant shall provide any documentation or additional documentation that the Organiser may request.
ART. 3 – BOOTH ALLOCATION
Booth allocation is of the exclusive and discretional competence of the Organiser. Any indications or special requests made by Exhibitors shall only have a tentative nature and they can not bind the Organiser nor affect the participation form and, therefore, they shall be considered as not affixed. The Organiser has the faculty to shift or reduce the size of the assigned booth, as well as move it to a different exhibiting area, without entitling the Participant to any damages or compensation. The Organizer shall notify the Participant in writing about the relocation, reduction or transfer of the assigned booth at least 10 days before the beginning of the Exhibition, by email or other suitable means. Participant shall guarantee the supervision and occupation of the assigned booth during all days of the Exhibition based on the sector to which it belongs. The Organizer reserves the right to exclude from future editions of the Exhibition and/or from other different events organized by the Organizer Exhibitors who shall arbitrarily leave the booth and start dismantling it before the end of the Exhibition and reserves also the right to request to such Exhibitors the payment of a penalty equal to Euro 5,000.00 (five thousand).
In the event that the Participant is not present at the Fair District on the opening days of the Exhibition for reasons beyond unforeseeable impediments over reasonable control, the Organizer shall have the right to the payment of a penalty equal to Euro 5,000.00 (five thousand), as well as to the payment of the entire participation fee, and shall have the right to ban the Participant from the future editions of the Exhibition and/or from other different events organized by the Organiser, without prejudice to the right of compensation for greater damages.
ART. 4 – RIGHT OF WITHDRAWAL
The Organizer reserves the right to revoke the consent to the Participant’s attendance to the Exhibition until 2 (two) weeks before the opening date of the Exhibition and, in such cases, the Organizer shall not be obliged to pay any indemnity or compensation whatsoever to the Participant.
ART. 5 – DELIVERY OF BOOTHS
Booths shall be made available to Exhibitors within the term indicated in the “Exhibitors Manual and related Miscellaneous Forms”. The booth set up shall be completed within the day preceding the Exhibition’s official opening. In order to access the Fair District during set-up and dismantling, the Participant shall register on the website http://cosmoprof.befair.eu, following the instructions provided by BolognaFiere. From the PASS page, the Participant will be able to authorize entry to the Fair District for any entrusted companies (fitters, suppliers, couriers, etc.), assigning them a file. Those companies appointed by the Participant shall receive an automatic email from the system with login credentials to access the Pass portal. Please note that in the Pass, both the Participant (with his own account) and its representative (with his/her own account) will be able to enter the names of its personnel and the license plates of the vehicles in order to print the passes necessary for access to the Fair District, in set-up and dismantling days. If the Participant and/or the related instructed company are not able to view the documentation published in the Pass portal, including the DUVRI, they will not be able to print the badges and/or entrance tickets to the Fair Ground, which are necessary during the set-up and dismantling periods of the Exhibition. The Participant is liable for the possession of technical-professional requirements by the companies which, on its behalf, will access the Fair District. BolognaFiere and the Organizer shall be entitled to fix, also for purposes relating to compliance with applicable law on safety at work, particular requirements to access the Fair District during set-up, as well as to limit access by vehicles and/or apply additional charges in case of vehicles staying outside the spaces and/or over the term fixed by the Organizer. In particular, if cars and vehicles, in general, remain in the Fair District for more than two hours, the Participant, through the password in relation to which the vehicle was credited, may be charged the amount of € 500.00 plus VAT.
ART. 6 – SETTING–UP
The provisions stated in the Exhibitor’s Manual, which are in force for all setting–up services, are herein referred to:
– Fittings must be contained within the area of the booth, as described in more detail in the Technical Manual for Exhibiting and Miscellaneous Forms File and their height shall not exceed the height specified in said Manual;
– booth border walls shall not exceed the standard height of 3,5 m, except for any special authorizations released by the Organizer in written form;
– the height of the border walls has to be verified and should be compatible with the hall where the booth is located;
– all structures that are part of the booth set up should comply with the height permitted under the said Manual and they should not hamper visibility or light as well as not damage any other nearby Exhibitor. Hence, it is forbidden to build enclosed outer walls longer than 8,00 m. Outer walls should be spaced out with open spaces or made in clear material, and measuring 4,00 m. If otherwise, the Organizer reserves the right to request an adjustment;
– all setting-up, including those made up of only one exhibiting unit, shall comply with the Exhibition’s top quality standards, in terms of decency and furniture, failing which the Organizer may demand Exhibitors an alignment;
– booth setting up with the double-deck floor, which cannot exceed 5.50 m in any case, must be approved by the Organizer.
– Double desk surface, even if closed to the public, will result in a charge to the Participant, for each square meter of the raised area;
– Boundary walls which are visible by neighboring booths shall be perfectly refined and painted on the backside in white for the height exceeding 2.50 meters.
Booths setting up, regardless of their surface area, are classified as standard or non–standard, whose characteristics are detailed in the Exhibitor’s Manual, the contents of which is herein referred to and the Participant acknowledges and accepts in their entirety. For non–standard fittings, the Participant shall submit for approval to the Organizer and BolognaFiere, within the deadline provided by the Technical Manual, the non–standard display plans, stamped and signed by a qualified technical professional. Should the Participant not be in possession of the non–standard display plan, stamped and signed by a qualified technician, then verification in advance by BolognaFiere may be requested with the apposite form included in the Miscellaneous Forms File and also available at https://cosmoprof.befair.eu/. For non–standard fittings, should display plans, stamped and signed by a qualified technical professional, not be submitted to BolognaFiere, then the process of verification and validation shall be carried out at the expense of the Participant up to a maximum amount equivalent to double of the fee indicated for the service in the technical forms. The amount of this fee is currently set at a minimum of € 200.00 and a maximum of € 2000.00 for every single verification and validation, plus VAT. Non–standard fittings, having a height of more than 3,50 meters, shall compulsorily be tested exclusively by BolognaFiere with a charge to the Participant at the rate indicated in the appropriate technical form. The amount of this rate is currently set at a minimum of € 155.00 and a maximum of € 1,550.00 plus VAT. The Participant shall install into the booth fire extinguishers of an appropriate type and quantity, as indicated in the Technical Manual, in a clearly visible and accessible position. The Participant may require directly to BolognaFiere the lease of such fire extinguishers. Any failure to fulfill this obligation shall entitle BolognaFiere to proceed autonomously charging to the Participant the related increased costs, currently ranging from a minimum of € 50.00 to a maximum of € 100.00. Fittings and the related installations shall be set up in accordance with best practice, in compliance with health and safety, and fire prevention regulations. BolognaFiere shall be entitled to request intervention from the Supervisory Commission for public entertainment sites. The Participant undertakes to comply with the regulations pertaining to public entertainment sites and to comply with all the provisions and formalities set out in the Technical Manual for Exhibiting and the Miscellaneous Forms File. Failure to provide BolognaFiere with the declarations and documents set out in the Technical Manual for Exhibiting and the Miscellaneous Forms File with regard to fittings and electrical installations, shall entitle BolognaFiere to close the booth and to implement the most suitable measures needed to ensure safety, notwithstanding the civil and criminal liability of the Participant. BolognaFiere reserves the right to require alterations or replacements to fittings and installations that do not conform to the above standards. All liability with regard to the solidity of the fittings, to the construction and management of the installations and any damages that may be suffered by persons or property of the Organizer, BolognaFiere or by third parties, shall be borne exclusively by the Participant. Any failure to comply with these General Conditions and those listed in the Technical Manual shall entitle BolognaFiere to take precautionary steps against the Participant, which may determine, if additional measures to the global safety conditions are adopted, the charge of the corresponding expenses (which are assessed not less than € 300.00 / module) or the order for the partial or total dismantling of the stand and the declaration of non-usability of the stand itself. Any failure to comply with the safety regulations may be reported to the competent legal authorities.
The Participant may request the Organiser to set up, on payment, the booth or the structure specified in the Participation Form within the Fair District, hereinafter the "New Set-up".
The Organiser will share with the Participant the rendering of the New Set-Up, which will then be created and subsequently dismantled at the end of the Exhibition by the contractor identified by the Organiser in the interest of the Participant.
The delivery of the New Set-Up to the Participant shall take place within the day preceding the opening of the Exhibition to the public, after signing the delivery and acceptance report prepared by the contracting company, together with the certifications which are required by the applicable law.
The Participant is solely responsible for the safekeeping and correct use of the structures, furnishings and materials of the New Set-Up. The Participant is therefore solely liable for the damage or destruction of the structures, furnishings and materials of the New Set-Up.
For the entire duration of the Exhibition, the Participant exempts the Organiser from any direct and indirect liability as well as for the use of the New Set-Up also with regard to the custody of materials and assets owned by the Participant, whether they are kept inside or outside the booth and/or the New Set – Up.
Once the rendering of the New Set-Up has been shared with the Participant, the Organiser shall not be held liable in any way for any delays or non-compliance with respect to the shared rendering.
ART. 7 – DISMANTLING
At the end of the Exhibition and not before, Exhibitors shall remove all the products and materials that they installed into the booth and, subject to obtaining an exit pass from the Organiser, they shall take them away from the Fair District. Booths shall be dismantled within the date specified in the Technical Manual for Exhibiting and the Miscellaneous Forms File. The Participant shall return the booth in the same condition in which it was made available to it. Waste and residual materials arising from the fittings shall be disposed by the Participant and/or the Participant’s personnel, and the corridors of the pavilions must be kept free from any type of material or waste. As provided by the applicable laws on environmental protection, Exhibitors shall declare how they intend to handle the waste resulting from setting up their booths by filling in in the mandatory Exhibition’s forms. Should the deadline for dismantling of the booth not be met and/or the Participant fails to clear the area, the Participant shall irrevocably accept that whatever is left in the booth shall be considered as waste and be sent to a public waste disposal site and the Participant shall be liable to pay the direct and indirect expenses arising from said disposal, currently a minimum of € 300.00, for every 16.00 sq.m. of the booth, notwithstanding any further compensation for damages. Although the Exit Pass can not be released to Exhibitors that failed to pay all direct or indirect debts owing to the Organiser, the exit Pass shall not constitute a payment receipt of the fees due for participation in the Exhibition and shall be valid only for the vehicle indicated on the said voucher. The Participant expressly authorizes the Organiser to check that in the vehicles and luggage of the Participant and/or of its representatives there are not products and materials other than those installed in the booth and listed in the Exit Pass, and authorizes the Organizer to stop the exit of products and materials not listed in the said Exit Pass. The Organizer and BolognaFiere shall not be liable for the goods, materials and any different object which may be left by Exhibitors without surveillance within the Fair District.
ART. 8 – ACCESS TO THE FAIR DISTRICT
The Exhibition is open to visitors in possession of the prescribed entry document, every day in accordance with the opening time table that the Organiser reserves the right to establish and to change, also during the course of the Exhibition. In order to ensure free access to the Exhibition to Exhibitors and their staff, the Organiser shall provide Exhibitors with appropriate badges, whose use is regulated by provisions stated in the Participant’s Manual and implies acceptance of these General Conditions. The Participant is liable, for all intents and purposes, for the behavior of those to whom it provides entry badges, as well as for the behavior of its employees, personnel, companies instructed by the Participant and collaborators, in the performance of the duties assigned to them. It is understood that the methods of access to the Fair District, the technical provisions, the assembly and disassembly of the booths and the performance of the Exhibition in general may undergo changes and/or revisions following any regulatory provisions that may applicable. Exhibitors are liable for the use of the entry badges that they will be given, which in any case shall not be sold nor assigned to any third party different from the employees, personnel and collaborators of the Participant. The Organiser reserves all rights to prosecute anyone who uses these entry badges by selling them and/or for illegal black–market sales. Within the Fair District, it is absolutely forbidden for anyone to promote offers or donations for recognized institutions, beggars, political, religious or partisan propaganda and in any case to carry out activities not related to the purposes of the Exhibition.
ART. 9 – ANTI–THEFT SURVEILLANCE – LIABILITY FOR THEFT AND DAMAGES – EXEMPTION FROM LIABILITY FOR BOLOGNAFIERE AND THE ORGANISER – INDEMNITY
During the opening hours of the Exhibition, the Participant shall watch over their booth either directly or through its staff. The Participant shall supervise the booth, using its own staff, at all times throughout the opening time of the Exhibition. The Participant is the only caretaker, throughout the Exhibition (including the fitting/disassembling stages) of all materials, assets and furniture at its booth. As caretaker of its booth, the Participant shall keep harmless and indemnified, substantially and in court, BolognaFiere S.p.A. and the Organiser from any loss, damage, liability, cost or expense, including legal fees, deriving from the use of the assigned booth non-compliant with the applicable laws and regulations and/or with these General Conditions and/or the Exhibitor Manual, the Safety Manual and the file of Miscellaneous Forms and any other applicable regulation relating to the organization and operation of the Exhibition and Fair District. Although the Organiser and BolognaFiere provide an overall night & day surveillance service throughout the duration of the Exhibition and for all the days dedicated to booth set–up and dismantling, they shall be deemed exempt from any and all liabilities for any theft and/or damages suffered by Exhibitors. The Participant is liable towards the Organiser and BolognaFiere S.p.A. for all direct and indirect damage that, for any reason, are attributable to it or to the personnel operating on its behalf (including damage caused by the fittings or systems performed by the Participant or by third parties instructed by the latter, even if tested by BolognaFiere S.p.A.).
ART. 10 – INSURANCE - LIABILITIES AND EXEMPTION FROM LIABILITIES
The Participant will benefit from the following insurances stipulated by BolognaFiere S.p.A. and agreed with the Organiser:
a) All Risks insurance (including fire and theft) for material and direct damage to furnishings, fittings, equipment and goods at the booth, excluding money, valuables, jewelry and similar and excluding software installed on computers and excluding damage for non-use of furniture, fittings, equipment and goods during the period of the Exhibition: coverage of € 40,000.00 at first absolute risk (including fire and theft), with an absolute deductible of € 300.00 for any damage high to € 600.00 for damage occurring after the closing of the Exhibition; b) insurance for civil liability towards third parties, including fire damage: single maximum coverage € 50,000,000.00; c) insurance for civil liability towards employees: maximum amount per claim € 3,000,000.00 with a limit of € 2,000,000.00 per person; d) waiver by the Insurer of any compensation towards all Exhibitors, the Organiser and BolognaFiere S.p.A.. The insurance coverage indicated above is governed by the terms and conditions that the Participant may request from the Organizing Secretary of the Exhibition, and which will be reported in the documentation relating to the Exhibition itself. These coverages do not exclude the Participant's liability for all risks that were not insured, or which exceed the coverage limits indicated above. The Participant shall provide for the appropriate supplementary coverage at its own care and expense. In particular, to the purpose of the existence of a video surveillance system, the Participant acknowledges that, in the event of theft, the related complaint to the Public Authority shall be received by the Insurer within seven days from the conclusion of the Exhibition and failure to comply with this deadline may result in the loss of the right to compensation. The Insurer will also handle claims management and settlement procedures at the end of the Exhibition
In any case, the Participant shall include in the supplementary coverage the insurer's waiver to any retaliation against the Exhibitors, the Organiser and BolognaFiere S.p.A., and failing that, it shall keep them harmless and indemnified from any action that may be carried out against them. Having acknowledged the above, the Participant, however, (for itself and for its collaborators or agents) expressly exempts the Organiser and BolognaFiere S.p.A. from any liability for losses or damage that for any reason may occur in the booth assigned to it, during the course of the Exhibition or during the setting up and dismantling of the booth, and to what is present therein, and assumes all liability for any damage caused to third parties by the management of the booth or by what is introduced therein, and not covered by the terms and methods indicated above or activated by the Exhibitor itself. The Organiser and BolognaFiere S.p.A. decline any and all liability for consequential damage, reputational damage, loss of turnover, etc. Even for direct damage, the Participant acknowledges and accepts that the Organizer and BolognaFiere S.p.A. limit their liability to the limits and cap of the insurance coverage provided above. The Participant acknowledges and accepts these limitations of liability of the Organiser and BolognaFiere S.p.A.
ART. 11 – CLAIMS
Any complaint concerning the organization and performance of the Exhibition shall be immediately notified in writing to the Organiser and in any case within seven days from the end of the Exhibition. Subsequent complaints shall not constitute the object of a dispute with the Organiser.
ART. 12 – INTELLECTUAL PROPERTY
Neither the products and goods displayed nor the booths that host them may be photographed, copied or in any way reproduced without the authorization of their respective Exhibitors and of the Organiser. The Organiser and BolognaFiere S.p.A. reserve the right, however, to photograph, film, reproduce, diffuse and authorize photography, filming, reproduction and diffusion of overall views and detailed views, both indoor and outdoor, also permitting or performing their sale.
ART. 13 – TEMPORARY IMPORT
Goods and products originating abroad may be imported temporarily for the exhibition as samples during the Exhibition. Such temporary import shall be carried out – at the Participant’s care and expense – with BolognaFiere’s official shipping agent, in accordance with the provisions of the Technical Manual for Exhibiting and Miscellaneous Forms File, it being understood that any liability of BolognaFiere S.p.A. and the Organiser for the behavior of said official shipping agent is excluded. For extra EU imports, the Participant is required to promptly notify the Organiser who will inform the Participant about the required procedure and documentation. The Organizer does not guarantee the customs clearance of goods not communicated or goods whose complete documentation is not sent to the Organizer at least 30 days before the start of the Exhibition
ART. 14 – DISPLAY OF PREFABRICATED STRUCTURES, CRANES, SCAFFOLDING, ETC., AND REGULATIONS PERTAINING TO MACHINES DISPLAYED IN OPERATION
For the display of prefabricated structures, of tower cranes, self–erecting cranes and similar, scaffolding, temporary frames and structures in general, the Participant, as well as ensuring the full and meticulous application of all safety standards, legislation, regulations and technical guidelines as well as those established by experience and prudence, shall scrupulously comply with the requirements of BolognaFiere S.p.A. for the entire duration of the Participant’s presence in the Fair District. Exhibitors and their suppliers are prohibited from using their own forklift trucks or lifting equipment in the Fair District. If necessary, these should be booked with the official supplier of the Fair District, using the form available at the portal BeFair BolognaFiere portal. Machinery on display cannot be operated, unless authorized in writing by the Operations Division of BolognaFiere and / or the Organiser, as long as this does not involve danger or nuisance. In this case, machinery must be equipped with the necessary devices to prevent accidents, annoying noises, bad smells, as well as the emission of gas and liquids and cannot be operated, inside the pavilions, by functioning internal combustion engines, nor involve the use of fuels or gas cylinders. In any case, machinery must comply with applicable laws, regulations and best practices, and be equipped by the related administrative documentation released from the competent Authorities. The Participant assumes all civil and criminal liability for any injuries and / or damage that may suffered by third parties as a result of non-compliance and breach of the rules and / or indications in question. The Organiser and / or BolognaFiere S.p.A. reserve the right to intervene directly in order to arrange or carry out the removal from the Fair District of any structures that do not comply with the above provisions.
ART. 15 – TECHNICAL SERVICES
At the Participant’s request, and in compliance with the provisions contained in the “Exhibitor Manual and related Forms”, BolognaFiere S.p.A. will provide electricity services for both lighting and motive power, as well as water and compressed air services. Furthermore, BolognaFiere S.p.A. reserves the right to activate, or to contract out or grant exclusives for, any service that it deems useful to Exhibitors, establishing the operating procedures.
In particular:
– the connections and disconnections between the electrical system or the water system built by Exhibitors, - and respectively - the junction box and the water outlets, can only be carried out by the companies authorized by BolognaFiere S.p.A., which will ensure compliance with the rules of the "Exhibitor Manual and related Modules";
– the cleaning of the booths must be carried out by and at the expense of their respective Exhibitors through their own staff, or by using the company authorized for this purpose by BolognaFiere S.p.A.;
– connections and disconnections of telephone sets can only be made by the supplier authorized by BolognaFiere S.p.A.;
– for all porterage, transport, loading and unloading operations, Exhibitors must exclusively use the Official Freight Forwarder of BolognaFiere S.p.A.;
– access to the pavilions of the Fair District is allowed only to electric vehicles.
The Participant acknowledges that the "services" (managed directly by BolognaFiere S.p.A. or delegated to third parties or granted exclusively) ensure regular performance within the normal commitment of the services themselves by individual users, and in any case exempts BolognaFiere S.p.A. and the Organiser, as well as the contractors and concessionaires of the services, from any and all liability for any irregularity in the performance of the services themselves.
ART. 16 – SOUND TRANSMISSION – PAYMENT OF S.I.A.E. RIGHTS
In case of distribution of phono-videographic or multimedia supports containing works or parts of intellectual works protected under the Law n. 633 dated 22.4.1941, the authors’ copyright, as well as the record companies’ rights, shall be previously acquitted, as well as the charges related to the endorsement of the supports, pursuant to art. 181 / bis. of the same law. The abusive use of copyrights, the omitted payment of S.C.F.’s rights as well as the absence of the S.I.A.E.’s stamp on the aforementioned supports, are criminally sanctioned, pursuant to articles 171 and following of the Law n. 633 dated 22.4.1941. For any installations in the booth subject to S.I.A.E. and S.C.F.’s regulations and for any live musical performances (with singer and/or musical instruments), the Participant shall, in any case, notify the Organiser and BolognaFiere S.p.A. and copyrights shall be paid directly by the Participant to the competent S.I.A.E. and S.C.F.’s office. In any case, the installation of equipment for the diffusion of music shall always be authorized by the Organiser as provided under this Agreement.
ART. 17 – PRINTED MATERIAL AND ONLINE INFORMATION
The Organiser reserves the right to provide for the creation of the Catalogue and the dissemination of the information (also in summary or abbreviated form) contained in the participation form, about Exhibitors and the products and/or services offered by them, as well as about anything else exhibited or presented, using the means and communication techniques (printed, CD ROM, Internet or other) that it deems most suitable excluding any liability for any omissions, errors or malfunctioning. The data shown will refer to the participation forms received by the Organiser up to 45 days before the opening date of the Exhibition. In any case, the Organiser reserves the right to change the assignment or the location of the booths.
The above provisions apply also to the content of other information forms signed by the Participant or its representative and made available to the Organiser also by means of IT tools. The Organiser reserves the right to provide, on the Exhibition’s website, the area reserved to Exhibitors, which the Participant can access with its personal credentials in order to upload, send or modify the information concerning its company. The Participant is solely liable for the content uploaded into the reserved area of the Exhibition’s website and for the correct use, including by third parties, of the aforementioned credentials assigned by the Organiser.
ART. 18 – PAID ADVERTISING
Outside the exhibiting area assigned, all forms of propaganda and advertising shall be carried out exclusively through the Organiser or the dealers appointed by BolognaFiere S.p.A. and shall be subject to the payment of a fee, plus relative taxes.
ART. 19 – PARKING
For safety reasons, parking areas dedicated to Exhibitors can be able accessible – upon spaces’ availability - only by cars (therefore excluding all different vehicles such as commercial vehicles, trucks, etc.) equipped with the appropriate badge issued by the Organiser and parking is only allowed in the designated spaces and only during the opening hours of the Fair District. It is strictly forbidden to park commercial vehicles and trucks of any kind inside the Fair District, even if only for short periods. It is also strictly forbidden to park cars outside the designated spaces and after the closing time of the Fair District. In the event of non-compliance with these provisions, BolognaFiere S.p.A. or the Organiser may take action to obtain the forced removal of the vehicle out of the parking lot, or the affixing of mechanical means to inhibit its use, at the risk and expense of the Participant to whom it has been issued the badge and of the vehicle’s owner, who will remain jointly and severally liable with the Participant for the related expenses. BolognaFiere S.p.A. and/or the Organiser reserve the right not to admit to the next edition of the Exhibition Exhibitors who have not complied with the prohibitions described above, even though their own representatives. Each of the vehicle occupants must have a valid document for access to the Fair District. Since the car parks do not have custody, BolognaFiere S.p.A. and the Organiser are exempt from any liability for custody of the vehicle and will not be liable for damage and theft of any kind.
ART. 20 – SPECIFIC PROHIBITIONS
In particular, Exhibitors are prohibited from:
- any sale with immediate and on-site delivery of the goods to the purchaser, excepting for sectors in which the Organiser allows such sale;
- the sub-lease or assignment (even partial) and the exchange (even partial) of the booth;
- the display of prices, with the exception of the sectors in which the Organiser allows the sale with immediate and on-site delivery of the goods to the purchaser;
- any form of advertising outside the assigned booth and in the Fair District. The distribution of advertising material is allowed only in the assigned exhibiting area;
- the display of products in contrast with the product destination of the booth, as shown in the application form;
- the display of signs or samples, even if merely indicative, on behalf of companies not listed in the application form and not represented;
- the use, for any purpose, of REMOTE PILOT VEHICLES (RPV) within the Fair District. Any derogations shall be requested to the operations’ head office of BolognaFiere S.p.A., which reserves the right to evaluate, within the scope of the provisions of current legislation, the possibility of use in accordance with methods and procedures to be agreed;
- any spectacular or entertainment initiative, of any type, nature and characteristics, even if limited to the booth’s perimeter or aimed at presenting products without the prior authorization of the BolognaFiere’s head office; it is also the sole responsibility of the Participant to obtain any authorizations from the health and public safety authorities and, generally from the relevant bodies, for the above initiatives, if and as required;
- the diffusion of live and recorded music through the use of devices for the reproduction of music and sounds. Any exceptions may be authorized in writing by the Organiser only on condition that the Participant does not cause disturbance and has fulfilled the legal obligations for the payment of the related rights;
- use speaker systems with a visitor recall function; only by virtue of the written authorization of the Organiser, the use of an amplifier system with the function of supporting demonstrations will be allowed; broadcasting boxes must be fixed immovably and oriented towards the inside of the booth and not towards the corridors and the sound emission shall never exceed 80 decibels. The Organiser, for the purpose of granting the authorization, reserves the right to examine and approve the projects of the booths in which a demonstration or show activity is planned. These booths shall have a certain minimum size so that the public attending the demonstrations can be contained within the booths themselves without hindering the regular passage in the hallways of the halls;
- any demonstration which does not provide for women at least the use of bikinis and monokini for men;
- exhibit products or catalogs or in any case images that are counterfeits or imitations, even if declared, of any type of product falling within the exhibition categories of the Exhibition. The same prohibition also applies in the event that the products subject to imitation and/or counterfeiting are not directly displayed within the Exhibition;
- the use, within the Fair District, of own forklifts and lifting equipment;
- any form of unfair competition between the Exhibitors. To this end, the Participant shall accept, for exhibition purposes and to ensure the correct running of the Exhibition, all those initiatives that the Organiser may undertake to ensure the immediate stop of any possible unfair competition, or to protect other Exhibitors and the Organiser itself.
The technical prohibitions imposed for safety reasons, hygiene, pollution in general, for people and things, as well as in order to prevent tampering with movable and immovable property of the Fair District, and the related provisions contained in the Exhibitor Manual and related Forms are understood to be part of these General Conditions, and the Participant undertakes to strictly comply with them. Any exceptions may be issued, exclusively in writing, by the Organiser and/or the Operations Division of BolognaFiere S.p.A.. In the event of non-compliance with even one of the prohibitions indicated above, or those referred to in this article, the Organiser may apply the sanctions provided for in the Exhibitor Manual and related Modules and/or terminate the participation in the Exhibition without the need of a judgment, but simply through any written communication to the Participant at its booth. This will result in the immediate closure of the booth and the revocation of the access documents to the Fair District, without prejudice to the fees due by the Participant.
ART. 21 – PROMOTION OF EXHIBITIONS COMPETING WITH COSMOPROF
It is absolutely forbidden, within the Exhibition, to promote, in any form, the sale, as well as the presentation or promotion of competing exhibitions. The Organiser reserves the right to remove from the Fair District Exhibitors who fail to comply with this provision. If the promotion were to take place inside the Participant’s booth, the Organiser shall have the right to proceed with the closure of the booth and the drawback of access documents to the Exhibition, without any responsibility for the reimbursement to the Participant of the sums paid for any reason.
ART. 22 – POSTPONING, SHORTENING, OR CANCELLATION OF THE EXHIBITION
It is the Organiser's discretionary and unquestionable right to make changes to the dates of the Exhibition, without the ability for the Participant to request any kind of indemnification or compensation for damages by the Organiser.
In addition, the Organiser is entitled to reduce the duration of the Exhibition or cut out some of its sectors, without thereby being required to pay any indemnification, penalties, or compensation for damages.
In the event of cancellation of the Exhibition for force majeure event, it is excluded any kind of indemnification or compensation for damages by the Organiser.
Force majeure event means an unforeseeable event beyond the reasonable control of the Organiser, including but not limited to accidents, fires, explosions, pandemics, floods, strikes or work demonstrations, expulsion, sabotage, public unrest, wars, uprisings or civil wars, sieges, restrictions by the authorities, inability to procure the materials or to obtain means of transport, the “Force Majeure”.
In the event of changes to the dates of the Exhibition, reduction of the duration of the Exhibition, cut out of some of its sectors or cancellation of the Exhibition, the Organiser shall notify the Participant of the aforementioned implemented changes by sending a written communication, by email or other suitable means, at least 45 days before the original start date of the Exhibition, except in case of a Force Majeure event, in such a case the communication will be sent promptly.
ART. 23 – GENERAL PROVISIONS – ELECTION OF DOMICILE – APPLICABLE LEGISLATION –JURISDICTION
The Participant shall comply with the provisions which Public Safety Authorities and those responsible for fire prevention, accident prevention and the supervision of premises open to the public should issue. The Participant and third parties operating in the Fair District on its behalf shall use personnel according to a proper contract, employment or self-employed contract, meeting the requirements of the laws in force (on social security, insurance, tax matters, etc.). The Participant elects his domicile, for all legal purposes, at the BolognaFiere’s headquarters, and accepts the exclusive jurisdiction of the Court of Bologna for any dispute arising, deriving from or connected to the interpretation and/or execution of this Agreement. The relationship between the Organiser, BolognaFiere S.p.A., the Participant and any third parties is governed exclusively by Italian law. In the event of disputes with foreign Exhibitors arising from the translation in English of these General Conditions, the Italian version of the General Conditions shall prevail and apply.
ART. 24 – RELATIONSHIP WITH BOLOGNAFIERE S.P.A.
The Participant acknowledges and accepts that the Exhibition will take place in the Fair District of BolognaFiere S.p.A., and shall comply with - and shall procure that its employees and collaborators comply with - the regulatory provisions issued by BolognaFiere S.p.A. The Participant declares to have read the Code of Ethics of the BolognaFiere S.p.A. Group, available on the website www.bolognafiere.it, to fully accept its contents, aware of the possible consequences and sanctions deriving from the breach of the principles and rules set forth therein. Each Participant's right will be borne solely and exclusively by the Organiser, while any and all behavioral undertakings assumed by the Participant will also be considered extended in favor of BolognaFiere S.p.A., which will therefore be entitled - in the event of non-compliance with these undertakings, with any of its own regulatory provisions and any legal provisions - to intervene directly, also acting with its own service personnel in the Fair District.
ART. 25 – PERSONAL DATA PROCESSING
The Organizer undertakes to process the Participant's personal data, also relating to its employees and collaborators, as well as to any members of its national pavilion, in compliance with the provisions of Regulation (EU) no. 2016/679, the guidelines and provisions of the Data Protection Authority and other competent Authorities, as well as any other applicable legislation on the subject. The aforementioned personal data will be used for the following purposes: (i) the establishment and execution of an agreement and the execution of any pre-contractual measures requested by the Participant; ii) the management of payments and related billing activities; iii) compliance with regulatory, fiscal and administrative requirements that are instrumental and/or otherwise connected to the an agreement and/or to the pre-contractual measures; iv) the fulfillment to further legal and/or regulatory obligations to which the Organiser is subject or to the requests from the Authorities or other competent institutions (including the obligations regarding safety, health and hygiene required for participation in the Exhibition). Personal data will also be processed, after registering in the reserved area of the Exhibition’s website and releasing express and separate consent, for the processing of statistical and market studies and research, as well as for sending promotional and commercial communications relating to services and products offered by the Organiser, its commercial partners and the companies of the BolognaFiere Group.
The provision of personal data is compulsory for the performance of the agreement and any refusal would make it impossible to perform the agreement itself, as well as to comply with legal and regulatory obligations. Failure to release or revocation of the consent will result in the inability to carry out the additional purposes indicated above.
The data may be disclosed, for the aforementioned purposes, to third parties which provide, on behalf of the Organiser, services of various kinds, as well as to the companies of the BolognaFiere Group.
More information on the processing of personal data is available on the Exhibition’s website. For the exercise of the rights provided for in Articles 15 and subsequent of the GDPR, including the right to lodge a complaint with the Supervisory Authority, the Participant can contact privacy@cosmoprof.it.
Last updated date: 31/05/2023