The organisers of the Austrian Tourism Days are the Federal Ministry of Labour and Economy, the Federal Economic Chamber and the Austrian National Tourist Office (abbreviated in the following to the “Organiser”). The Austrian National Tourist Office is responsible for the handling of participants.
2. Registration and acceptance
(1) Acceptance as a participant at the event (abbreviated in the following to the EV) requires prior registration on the website http://www.tourismustage.at. Registrations with incomplete data, or that are subject to conditions or reservations will not be accepted. By sending the registration, the participant confirms to have taken note and accepted in full these General Terms and Conditions for Participation and registers for the Austrian Tourism Days bound by said terms and conditions. Sending of the registration does not constitute any claim to acceptance for the EV. The Organiser reserves the right to refuse any registration that does not comply with the criteria indicated on the website http://www.tourismustage.at. On receipt of the registration by the Organiser, the participant will receive an automatically generated email confirming receipt of the registration. This email does not constitute confirmation of participation. The contract (confirmation of participation) does not become effective until such time as the Organiser has sent written confirmation of participation by post, fax or email. Only participants whose registered offices are in Austria will be accepted for participation in the EV.
(2) the Organiser is entitled to withdraw from the contract if acceptance was granted based on incorrect or incomplete information provided by the participant or if the requirements for acceptance, as indicated on the website http://www.tourismustage.at, subsequently cease to be fulfilled by the participant.
On principle the participant is entitled to withdraw from the contract. The withdrawal must be effected in writing by post, fax or email to the Austrian National Tourist Office.
4. Relocation and changes to the event, cancellation and abandonment of the event
(1) the Organiser reserves the right to change the start, duration and/or the venue for compelling reasons, even after conclusion of the contract. This does not give rise to any right of withdrawal for the participant nor any claim for damages.
(2) Should the Organiser be forced to close or block parts of the venue either temporarily or for a longer period of time due to reasons for which the Organiser is not responsible or due to force majeure, this does not give rise to any right of withdrawal for the participant nor any claim for damages.
(3) Should the event not take place due to reasons for which the Organiser is not responsible or due to force majeure, the Organiser is not liable for any costs or damages incurred by the participant.
5. Image and sound recordings
The Organiser is entitled to have photographs, drawings, interviews as well as film and video recordings of the entire event, including the supporting programme, produced and to use these for the promotion of other events and press releases.
6. Use of participant data
The participant agrees to the corporate/personal data submitted within the framework of the event being made available to the public.
7. Catalogue entry
The participant is obliged to have an entry made free of charge in
the official printed materials, insofar as these are produced for the EV. This free entry will also be made even if there is no express relevant order from the participant.
8. Space assignment and advertising measures for third parties
(1) The assignment of space and advertising measures by the participant to or for third parties - in whatever form - is only permitted after prior written approval of the Organiser. Otherwise, the Organiser is entitled to cancel the contract with the participant with immediate effect. In this case the participant is not entitled to compensation for damages.
(2) The participant is jointly and severally liable vis-à-vis the Organiser for all costs or damage caused.
(1) The Organiser is only liable for damage incurred by the participant, its employees or other associated third parties in connection with the preparation, staging or handling of the EV in the case of wilful intent or gross negligence.
(2) The participant takes note that
(a) the Organiser is not obliged to take out insurance,
(b) the Organiser will not take receipt of any goods delivered to the host,
(c) any items of value that can be easily moved must be locked away at night by the host,
(d) an official forwarding agent will transport and store exhibition goods and packaging exclusively at the cost and risk of the participant and
(e) it is not permitted to stay overnight on the premises and outdoor areas of the event.
(3) The participant is liable vis-à-vis the Organiser for all damage caused by itself, its employees or other associated third parties or items. The participant shall indemnify and hold the Organiser harmless in the event a claim for damages is asserted against the Organiser due to damage caused by the participant, its employees or other associated third parties or items.
10. Technical safety and fire protection regulations
(1) The participant is obliged to comply with all building, safety and fire protection regulations of the premises as well as all other statutory regulations and is liable for all damage arising from their violation. Furthermore, the participant is obliged
(a) to comply immediately with the related instructions of the management of the event complex for the entire duration of the EV as well as during assembly and dismantling work,
(b) to mark those exhibition goods that require heightened technical safety measures accordingly in the list of exhibition goods,
(c) to use gases, flammable materials and any other hazardous substances only after these have been approved in writing by the Organiser.
The participant must ensure reliable protection for exhibition goods in operation, in particular for moving parts, and to guarantee that these do not constitute a danger for staff or visitors to the EV.
(2) In the event of violation of the aforementioned obligations, the Organiser is entitled and obliged to remove from the event complex those items that do not comply with the statutory regulations or that constitute a danger for staff and visitors to the EV at the expense of the participant. The participant shall bear the costs for the provision of any necessary fire extinguishing agents.
The transport of goods required on site to and from the event complex is not part of the contract and is the responsibility of the participant itself or the third party commissioned by it (official forwarding agent or other forwarders). Any official forwarding agent does not act as a vicarious agent of the Organiser. For this reason, the Organiser assumes no liability for any damage caused by the forwarding agent.
12. Industrial property rights
The participant undertakes to observe the industrial property rights and copyrights of the other participants of the EV as well as all legal provisions on competition. If it is creditably attested to the Organiser that the participant violates these rights of another participant or violates the legal provisions on
competition with its exhibits, printed materials, advertising material or in any other way, the Organiser is entitled, but not obliged, to remove the respective goods of the violator, to expel the participant and its staff from the event complex, to remove the goods, printed material or advertising media from the event complex and to take charge of these until the end of the EV. In this case the participant is not entitled to reimbursement of the participation costs. Should these measures prove to be unjustified, the violator has no entitlement to claim damages from the Organiser unless the Organiser is guilty of gross negligence or wilful intent.
13. Non-compliance with the conditions of participation
In the event of non-compliance by the participant with the conditions of participation, the Organiser is entitled to cancel the contract with immediate effect and to claim damages.
14. Final provisions, place of jurisdiction
(1) Amendments, supplements and additions require the written form. This also applies to any waiver of this written form requirement. Verbal ancillary agreements are invalid.
(2) General Terms and Conditions of the participant expressly and without exception do not apply. They also do not apply even if reference is made to them in documents or statements of the participant.
(3) Should any provision of this contract or conditions of participation be or become invalid, this shall in no way affect the validity of the remaining provisions. In this case, the parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
(4) The application of Austrian law is agreed for this contract to the exclusion of the agreements of the UN Convention for the International Sale of Goods dated 11th April 1980 and the conflict of laws rules of the Act on International Private Law (IPRG). Place of performance for both parties is Kärnten.
(5) The competent court for the first district of Vienna is agreed as the place of jurisdiction for any disputes arising from or in connection with this contract. 7/24/2007 2/2