Article 1. Definitions and General Provisions

1. GARDA DOLOMITI AZIENDA PER IL TURISMO S.p.A. (APT), Tax Code and VAT No. 01855030225, headquarter at Largo Medaglie d'Oro al Valor Militare, 5 in Riva del Garda (TN), 38066, Italy, Tel. +39 0464 554444 Email: amministrazione@gardatrentino.it, PEC: gardatrentino@pec.gardatrentino.it, serves as the organiser (Organiser) of the Bike Festival Riva (Exhibition).

2. These general terms and conditions for the allocation of exhibition space and related services (Exhibition Conditions) apply to the Bike Festival Riva exhibition.

3. These conditions can be consulted at the following address: bikefestivalriva.com/general-terms-and-conditions. In accordance with Article 1341 of the Italian Civil Code, once these conditions are published, they will be considered as having been acknowledged in the updated version.

4. The regulations governing the conduct of individual Exhibitions and the related services are contained in the specific regulations published by APT on its website or other linked websites. In the event of a conflict between the provisions of these Exhibition Conditions and the regulations for individual Exhibitions, these provisions shall prevail.

5. The Organiser assigns the exhibition space exclusively for the duration of the Exhibition for which the Exhibitor is registered, even if it is already set up (Stand). Since this is a short-term rental, any possibility of continuing or automatically renewing the relationship beyond the duration of the Exhibition is excluded. There are no fixed restrictions on the location of the exhibition space, as it is assigned on an annual basis by the Organiser. However, the Organiser retains the right to modify the location and size of the allocated space if necessary for financial, organisational, insurance, public order, or other reasons.

Article 2. Stipulation of the Contract

1. When entities register through online-registration.de/partner, they are essentially generating a legally binding request to purchase the Organiser's contractual services, subject to the applicable terms and conditions. The contractual services contained in the offer are those chosen by the Exhibitor when registering for the Exhibition.

2. The decision to enter into the contract remains at the discretion of the Organiser. A contract for the provision of contractual services for the specific Exhibition (exhibition contract) between the Organiser and the Exhibitor is only considered established when the Organiser sends a booking confirmation to the email address provided during the registration process.

3. The Organiser’s contracting party is the Exhibitor. By submitting a request, the sender declares that they are authorised to enter into an exhibition contract on behalf of the Exhibitor. Declarations and personal information provided during the registration process are processed for the purposes of executing the contract. More information on the processing of personal data by the Organiser can be found here: bikefestivalriva.com/it/privacy

4. Supplementary agreements, modifications, or additions to the contract need written confirmation from the Organiser to be considered valid. This also applies to the amendment of this paragraph (2.4). This statement doesn't undermine the importance of individual agreements.

Article 3. Space, Extensions, and Stand Set-Up Activities

1. The Organiser allocates stand spaces. Stand spaces are allocated at the Organiser's discretion. Any requests submitted by the Exhibitor will be taken into account where possible.

2. The Organiser reserves the right to modify the assigned stand space if necessary (considering various factors such as administrative necessities or specific exhibition requirements).

3. Unless expressly agreed otherwise, the delivery of the stand space does not include stand equipment. Stand materials may be hired from the Organiser, subject to availability, for an additional fee.

4. The allocated stand space and any stand materials supplied by the Organiser must be inspected immediately upon delivery for any defects and/or damage. Any defects/damage found must be recorded and, if possible, removed by the parties.

5. The Exhibitor cannot move, change, share, transfer, or sublease the allocated space and/or the stand equipment for payment without obtaining prior written consent from the Organiser. Any extensions to the booked stand space require the Organiser’s prior consent and are, unless otherwise agreed, recalculated based on the contractually agreed price per square metre. Violations will lead to the application of the penalty set out in Article 12.

6. The Organiser retains the right to slightly reduce the allocated space due to spatial or technical considerations, without granting any entitlements to the Exhibitor. The same applies to minimum stand limitations due to protruding objects, pillars, flagpoles, light poles, or similar site elements.

Article 4. Stand Assembly/Disassembly and Service Obligation

1. The Exhibitor must ensure that the stand is ready for use at least two hours before the Exhibition begins (unless an alternative arrangement is made) and must have competent personnel present to oversee and manage it throughout the entire duration of the Exhibition's opening hours. We kindly ask the Exhibitor to refrain from prematurely disassembling or leaving their stand unattended. No vehicles are permitted to enter the Exhibition area to restock the allocated exhibition space, unless explicitly authorised by the Organiser. Restocking activities must be conducted using forklifts while adhering to safety regulations.

2. Even if not set up by the Organiser through a specific additional service agreement, stands must comply with the model the Organiser has provided for their design, size, material composition, and visual attributes. Structural modifications (using a drill, saw, etc.), as well as permanent painting, printing, or glueing of the materials delivered by the Organiser and/or the Exhibitor's own stand space are not permitted.

3. Fittings, including any technical installations, must meet legal requirements and/or administrative regulations (building laws, fire protection, etc.). Escape routes, safety and power distribution devices and/or signs must not be covered or obstructed.

4. During the Exhibition, the Exhibitor shall make sure to keep their exhibition areas, including stands, in an orderly and clean condition at all times. Any inconvenience and/or mess originating from stand spaces (e.g. abandoned flyers) must be removed immediately by the Exhibitor.

5. The stand space should be completely cleared within six hours after the Exhibition concludes (unless otherwise agreed) and returned to the Organiser in the same condition as when it was initially received. Any additional objects and waste must be properly removed without leaving any residue, and any damages should be repaired to a professional standard. In the event of non-compliance with the above, upon receiving official notification, the Organiser reserves the right to impose a penalty, without prejudicing other rights to compensation as outlined in Article 12 below. It is important to note that failure by the Exhibitor to comply with the regulations specified in these Exhibition Conditions may result in the non-allocation or closure of the assigned space. In any case, the space must be cleared within six hours after the Exhibition's conclusion or after official communication by the Organisers. After this deadline, any materials already set up or in the process of being set up, as well as all exhibits within the allocated exhibition space, will be removed and stored by the Organisation. The Exhibitor cannot hold the Organisation liable for any damage or theft. The defaulting Exhibitor has a 15-day window from the Exhibition's closing date to request the return of the aforementioned removed and stored materials and goods, subject to payment of any sums claimed by the Organisation. This includes the costs incurred by the Organisation for removal and storage as a consequence of the Exhibitor's actions. After this period, the Organisation may dispose of the materials and goods without any obligation to pay any sums to the Exhibitor.

6. The Organiser has the right to request a preliminary visual representation (rendering) of the stand from the Exhibitor. The rendering of the stand space must be made available to the Organiser via their customer profile by uploading it as a PDF file.

Article 5. Connection to Electricity and Water Supplies

1. If the Exhibitor wishes to be connected to the electricity and/or water supply, they must state this when registering and will receive these services for a fee from the Organiser at their stand space. The Organiser is not liable for interruptions to the supply of water or electricity.

2. Additional electricity and water costs shall be borne by the Exhibitor unless otherwise agreed and shall be calculated in accordance with the contract.

3. Should an Internet connection be set up during the exhibition period, each Exhibitor is responsible for the protection of electronic data processing (e.g. by means of anti-virus software, firewalls). No liability is accepted for damages.

Article 6. Use of Contractual Services

1. The Exhibitor is granted the contractual services (including stand space and any additional services) solely for the benefit of the registered company and its products/services. Without prior consent from the Organiser, the Exhibitor cannot transfer the contractual services, either in full or partially, to third parties, whether for free or in exchange for payment, nor can they utilise these services directly on behalf of third parties. In case of obtaining consent, the Exhibitor assumes full responsibility for the actions and financial obligations of any third parties authorised by them.

2. The Exhibitor is granted the stand space for the sole purpose of conducting customer interactions, selling products, and presenting their services. This usage should be conducted with due consideration for other exhibitors, visitors, and the overall flow of the Exhibition. The Organiser's guidelines must be adhered to in this regard. Any advertising involving amplifiers, background music, and the operation of devices such as radios, TVs, wire broadcasting, tape recorders, and similar equipment require prior authorisation from the SIAE and the payment of royalties by the Exhibitor. Violating any of the above provisions may lead to the imposition of the penalty outlined in Article 12, without prejudice to legal consequences.

3. The Exhibitor is obligated to utilise the Organiser's contractual services in strict accordance with all applicable tax, fiscal, administrative, and safety regulations, as well as any event-specific rules (e.g., operating hours, sound volume, etc.). This should be done in a manner that avoids causing harm or disturbance to third parties. The use of exhibition spaces for political, religious, or ideological purposes is strictly forbidden. The Single Document on the Assessment of Interference Risks (DUVRI) related to the Exhibition, which outlines potential risks associated with activities, will be provided to the Exhibitor after the Contract has been executed and before the set-up phase begins. Should the Exhibitor identify risks not mentioned in this document, they are responsible for updating it and returning it to the Organisation before commencing setup operations. The Organiser retains the authority to prohibit any uses that do not comply with the above conditions, without waiving their right to seek compensation or assert justifiable claims against the Exhibitor. Violations will lead to the application of the penalty set out in Article 12 below. The Exhibitor's right to use the services in accordance with the contract remains unaffected. Upon request, the Exhibitor must indemnify the Organiser against all damages, expenses (including legal fees), and any charges arising from claims made by third parties against the Organiser due to the Exhibitor's non-compliant use as per the contract.

4. To conduct the sale and/or service of food and beverages, advance notice must be given to the Organisers. They will send the necessary forms to the respective Exhibitor for obtaining the required authorisations from the Municipal Administration. The Exhibitor should complete and submit the documentation to the Organiser in a timely manner, and they will handle the associated tasks after paying the specified fee outlined in the Contract.

5. The Exhibitor is obliged to take out, at their own expense, for the entire period of the Exhibition, an adequate insurance policy for third-party liability (RCT), their own employees (RCO), and for all damages that may occur to persons and/or property during the course of the Exhibition, with a clause waiving the insurance company's right of recourse against the Organisation. The liability insurance coverage mentioned in this section must explicitly include a clause designating all individuals involved in the services outlined in the contract (including employees, collaborators, and agents of the Exhibitor) as “third parties” and stipulating mutual indemnification for damages incurred among them. This includes a waiver of any claims against these individuals. If requested, the Exhibitor is obliged to submit the aforementioned policies to the Organiser in order to prove the existence and validity of the insurance cover.

6. The use of contractual services, in particular the distribution of advertising materials or product samples, is limited to the stand space. Sound and/or visual effects (such as music and lasers) that extend beyond the stand area are prohibited. Repeated breach of these obligations will lead to the application of the penalty set out in Article 12 below.

7. The Exhibitor is provided with the specified number of complimentary exhibitor passes for their stand employees, as outlined in the contract. Exhibitor passes must be worn and clearly visible at all times, must be shown to the Organiser upon request, and are only valid during the Exhibition, including the set-up and disassembly phases. Transfer to third parties and/or general abuse is strictly forbidden and will result in the withdrawal of the passes as well as the application of the penalty under Article 12 below.

8. Permission to take commercial photos and films at the Exhibition venue is only granted by the Organiser to certain persons. The Organiser is entitled to use the materials thus produced without any restrictions.

9. Considering the prevailing conditions, including the ongoing COVID-19 pandemic or its variants/derivatives, or other unforeseeable events during the Exhibition, the Organiser retains the right to implement restrictive, protective, or hygiene measures (such as social distancing, entrance restrictions, mask mandates, hand sanitiser usage, prohibition of serving beverages, plexiglass barriers, etc.). The associated costs will be the responsibility of the Exhibitor, limited to the area of their stand. Such measures justify an amendment or termination of the contract if the conditions of Article 1463 and 1464 of the Italian Civil Code are met.

Article 7. Surveillance

1. Exhibition and advertising materials, product samples, and other items are stored at the Exhibitor’s own risk. Closure of stand spaces is not guaranteed. The Exhibitor expressly indemnifies the Organiser from any liability in connection with any damage or theft suffered during the Exhibition.

2. The Organiser is responsible for monitoring and keeping their stand and all objects on it safe. This also applies to the set-up and disassembly phases. Stand surveillance is not offered by the Organiser, unless the Organiser is requested to provide additional surveillance. The cost of this service will be charged to the Exhibitor to the extent provided for in the contract.

Article 8. Availability of Exhibition and Shared Areas, Rights and Obligations of the Parties

1. In open-air exhibition areas, the legal ownership of the venue, including the set-up areas during the set-up and disassembly of individual stand, is retained by the Organiser. The individual Exhibitors maintain possession and custody of their stands for the entire duration of the Exhibition.

2. Throughout this period, encompassing both the set-up and disassembly phases, it is essential to follow the directives of the Organiser, its representatives, and staff. This is in addition to the Exhibitors' sole responsibility for the safety of their assets and personnel.

3. The use of motor vehicles within the exhibition area is strictly forbidden during the opening hours of the Exhibition itself. Electrically powered or pedal-powered vehicles must be steered by hand or at a very slow speed, always giving priority to pedestrians. Those who violate these rules will be asked to leave the Exhibition.

4. The Organiser has the right to request the removal of exhibits from the stand if their presentation breaches existing laws, safety standards, moral guidelines, the terms and conditions, or the Exhibition's agenda. This action can be taken without negating the potential imposition of the penalty as outlined in 12 below.

Article 9. Organiser's Responsibilities

1. The responsibility of the Organiser is confined to general organisational tasks and does not encompass individual actions undertaken by Exhibitors or the public/participants in relation to them. Given the nature of the Exhibition's activities and the locations where they occur, the Organiser’s responsibility is restricted to instances of deliberate misconduct or severe negligence by its representatives or officials.

2. Specifically, the Organiser bears no responsibility for external circumstances that it cannot control, such as legal prohibitions or limitations on events, strikes, labour disputes, natural disasters, weather-related incidents, or acts of violence. If the services cannot be carried out due to such reasons, both parties are exempted from fulfilling the contractual obligations, and each party is responsible for the associated costs and expenses. The same principle applies if the Organiser is prevented from fulfilling its duties in order to respect the rights, legitimate claims, and interests of third parties, for instance, due to the ongoing pandemic.

Article 10. Payment Terms

1. Unless explicitly specified otherwise, all agreed payments must be paid to the Organiser in their entirety, without any deductions, within two weeks from the date of the invoice or, in the case of last-minute bookings, before the start of the Exhibition. In the event of non-compliance with the agreed payment deadline, the Organiser is entitled, without prejudice to its other rights, to refuse to provide the contractual services. The commercial default interest referred to in Legislative Decree No. 231/2002 shall apply.

2. Unless explicitly stated otherwise, all sums are exclusive of VAT and any expenses associated with the use of contractual services. As renting exhibition stand space is considered a supplementary activity to that performed by the Exhibition Organiser, VAT will be applied to the Exhibitor if it is required in their country of origin or incorporation, as stipulated by Presidential Decree No. 633/72.

3. Should the Exhibitor fail to make use of some or all of the contractual services, the Organiser's right to remuneration shall remain unaffected, except where the failure to make use is attributable to its responsibility. The Organiser is not obliged to solicit the use of its services from the Exhibitor.

Article 11. Cancellation

1. The Exhibitor may cancel the exhibition contract no later than two weeks before the Exhibition by notifying the Organiser in writing by post or e-mail/certified email (PEC). In the event of such cancellation, the Exhibitor shall reimburse the following costs:

- Cancellation 42 calendar days or more before the first day of the Exhibition: 25% of the agreed fee

- Cancellation 14 calendar days or more before the first day of the Exhibition: 75% of the agreed fee

- Cancellation less than 14 calendar days before the first day of the Exhibition: 100% of the agreed fee

Article 12 Penalties

1. Any breach of the Exhibitor's obligations contained in Article 3, 4, 6 and 8 shall result in the payment by the Exhibitor to the Organiser of a penalty of Euro 500 (non-performance penalty). The Organiser's other rights, e.g. the right to damages, remain unaffected.

Article 13. Logo Usage

1. The logos of participating companies can be included by the Organiser in Exhibition-related publications (such as exhibitor brochures, exhibition catalogue, websites, etc.). To this end, the Exhibitor shall send its logo to the Organiser in electronic format with a suitable resolution. The Exhibition logo exclusively belongs to the Organiser, and the Exhibitor can use it in its original form, for example, to promote their presence at the exhibition. The Exhibition logo can only be used within this context.

Article 14. Final Regulations

1. The Exhibitor cannot transfer the rights established by this contract to third parties, offer them to third parties, or use them on behalf of third parties without obtaining prior written consent from the Organiser.

2. The Exhibitor can only reduce the Organiser's claims as stipulated in this contract or assert a right to offset when their own claim is uncontested or has been legally confirmed.

3. The parties commit to maintaining strict confidentiality regarding the contents of this contract, especially concerning the entitled benefits. This commitment does not apply to individuals authorised to access this information, who are either legally or contractually bound to uphold confidentiality, or in cases where it conflicts with their rights.

4. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In the event of an invalid provision, the legally effective regulation that most closely aligns with the intended purpose of the invalid provision shall be applied.

5. In compliance with the provisions of Legislative Decree No. 231/2001 concerning the administrative liability of legal persons, the Organiser has adopted its own Organisation, Management and Control Model (“Organisational Management Model – MOG https://partner.gardatrentino.it/it/organizzazione-trasparente/organizzazione”), as well as its own Code of Ethics. By signing the Contract, the Exhibitor declares to have reviewed the Code of Ethics adopted by the Organiser, which is accessible on its website. The Exhibitor also commits, during the execution of this Contract, to adhere to the principles and guidelines outlined in the Code of Ethics. Any violation, including partial ones, of the regulations specified in the adopted Code of Ethics or the occurrence of detrimental events due to reasons directly linked to such violations, as defined in the OMM, will result in contract termination.

6. The contract and all disputes relating thereto are subject exclusively to Italian law. The exclusive place of jurisdiction for all legal disputes arising out of and/or in connection with the contractual relationship is Rovereto (TN), with the exclusion of all other optional jurisdictions.

Version 2024 rev. 02.10.23 – Bike Festival 2024 event