Friday June 10th – Sunday June 12th 2022
St Helier Marina and surrounding area
TERMS & CONDITIONS
In these conditions the following terms will have the meaning shown:
1.1 The ‘Agreement’ means the binding agreement between the Exhibitor and the Organiser based solely on these terms and conditions and incorporating any other terms and conditions incorporated in this document.
1.2 ‘Exhibit’ refers to the exhibition or stand places on the space by the exhibitor and includes displays, boats, structures, permitted vehicles, goods for sale or any other items belonging to, or under the control of the exhibitor.
1.3 The ‘Exhibitor’ is any person(s) or organisation(s) submitting the booking to the organiser, where the booking is accepted.
1.4 The ‘Event’ is the Barclays Jersey Boat Show 2022.
1.5 The ‘booking’ is the application/online booking submission provided by us to enable the exhibitor to specify the space required, which must be submitted to the organiser with full payment to enable the space to be allocated to the exhibitor.
1.6 ‘Obstructions’ are any items on the walkways, including but not limited to flag poles, signs, gangplanks and ropes.
1.7 The ‘Organiser’ is Ports of Jersey and its appointed agent(s).
1.8 ‘Payment dates’ mean the dates on which the total balance due must be received by the organiser as specified in the exhibitor price list.
1.9 ‘Permitted Vehicles’ are those agreed in writing between the exhibitor and organiser to be allowed on the site.
1.10 ‘Exhibitor Price List’ is the sheet giving details of discounts, payment dates, etc.
1.11 The ‘Services’ includes one or more of the following: lifting or mechanical handling, power, water and waste disposal (as relevant) to the space.
1.12 The ‘Site’ refers to the whole area (including water space) under the supervision of the organiser of the event.
1.13 The ‘Space’ is the area allotted to the exhibitor by the organiser for the purposes of this exhibit, including water space.
2.1 All applications must be made online via the booking links within this pack.
2.2 The supply of your details and making payment through the online booking system does not constitute an offer of a space.
2.3 Your details provided through our online booking system must be correct and completed fully by the exhibitor (or his agent). No space can be reserved unless a booking has been made via our online system and full payment has been received.
2.4 The submission of your online booking and making payment constitutes acceptance of these conditions.
2.5 The agreement is created when the organiser provides written confirmation of a successful application.
3.1 For special arrangements only, cheques should be made payable to ‘Ports of Jersey Ltd’.
3.2 The full payment is required when booking through our online booking system. The payment less 20% administration fee will only be returned to the exhibitor if the organiser can reallocate a space. This can take up to one month to process.
3.3 The exhibitor must pay rent for size of the space, as set out in the price list and reduced by any discounts and/or enhanced by any privileges as shown on the exhibitor price list, if paid on or before the payment dates.
3.4 The full payment is due when booking.
3.5 Refunds can take up to approximately one month to process.
4. Late Payment
4.1 If, after allocation, the exhibitor does not pay rent on or before the payment dates, the organiser may:
4.1.1 Withdraw the discount as described on the exhibitor price list; and/or
4.1.2 Terminate this agreement by giving written notice to the exhibitor pursuant to clause 6.
5. Termination by the Exhibitor
5.1 The exhibitor may terminate the agreement on written notice to the organiser any time before the event, provided that:
5.1.1 If the organiser cannot re-allocate the space, the exhibitor will pay the full rent; and
5.1.2 If the organiser re-allocates the space, the exhibitor will be entitled to a full refund, less 20% administration charge. This can take up to one month to process back to the exhibitor.
6. Termination by the Organiser
6.1 The organiser may terminate the agreement if:
6.1.1 The exhibitor materially breaches any term of this agreement and this breach cannot be remedied within a period of seven days
6.1.2 The exhibitor repeatedly breaches this agreement. A repeated breach means two or more minor breaches
6.1.3 The exhibitor or any principals or officers are convicted of a criminal offence
6.1.4 The exhibitor commits any act or omission indicative of insolvency
6.1.5 The exhibitor fails to pay rent on or before the payment dates.
6.2 If the organiser does terminate under Clause 6, the organiser retains the right to re-allocate the space if:
6.2.1 The organiser cannot re-allocate the space; the exhibitor will pay the full rent; and
6.2.2 If the organiser re-allocates the space, the exhibitor will be entitled to a full refund and this can take up to one month to process back to the exhibitor.
7. Transfer, Sharing and Sub-letting of allocated Space
7.1 The exhibitor shall not be allowed to transfer, share, or sub-let the space allocated to it during the event. If the exhibitor is found to be subletting a fine of £500 will be imposed.
8. Access to the allocated Space
8.1 The organiser will give the exhibitor access to the space for a period of half day before the event to assemble and remove immediately on show closure.
8.1.1 If the exhibit is not set-up 30 minutes before the public is admitted the organiser may remove it at the exhibitor’s cost.
8.1.2 If the exhibit is not taken down immediately after the end of the event, the organiser may remove it at the exhibitor’s cost. Exceptions may be made, with prior consultation and agreement with the organiser.
8.2 Except for permitted vehicles, all vehicles will be required to leave the site or be positioned in an area designated by the organiser during the event.
8.3 The organiser may remove any offending vehicle at the exhibitor’s risk and cost.
8.4 No vehicle movement will be permitted from 45 minutes before the site opens to the public until 45 minutes after it closes, except in such areas as may be designated by the organiser.
8.5 The organiser will send further information regarding the position of the exhibitor’s stand and set up once allocation has occurred. Allocations will be made on or around Monday 23 May 2022.
9. Use of space
9.1 The exhibitor must state when making the booking the content of the exhibit and use of the space.
9.2. The exhibitor warrants that the information contained on the form is truthful and not misleading.
9.3 The exhibit must be on view to the public, and in the charge of a responsible, competent and knowledgeable person at all times while the event is open to the public.
9.4 The exhibitor must maintain the space in good order and clean condition.
9.5 The exhibit should be open during the opening hours of each day of the event and covered and closed at the end of each day.
9.6 The exhibitor must observe the activity parameters as set by the emergency services from time to time.
10. Floating exhibits
10.1 All craft and other floating exhibits shall be registered and/or licensed with the appropriate navigation authority and comply with all relevant regulations/requirements before being brought to the site.
10.2 Only activities permitted under the terms of any such licence or regulations may be carried out.
10.3 The mooring or disposition of such craft shall be authorised by the organiser.
10.4 Fuel for the floating exhibits shall be used with the greatest vigilance and care and precautions must be taken against the risk of fire.
10.5 All craft are required to be in their allocated position as directed by the organiser and its agents.
10.6 In the case that an exhibitor directly instructs an agent of the event to alter the show’s pontoon layout, without written permission from the organiser, then the exhibitor will be liable for all costs incurred.
11.1 All exhibitors must have their own Public Liability insurance policy to exhibit at the event.
11.2 The exhibitor will be responsible for insuring property owned by them and take best precautions to insure against the safety of his staff, constructors, or visitors to the space and for his and their property with a reputable insurance company.
11.2 The exhibitor shall not do or permit any act that may jeopardise the organiser’s insurance of the event.
12.1 The organiser shall at no time be held responsible for the loss, damage, or destruction to any exhibit of property of the exhibitor or their staff, contractors, or visitors, however caused.
12.2 The transportation, lifting and/or installation of the exhibitor’s property shall be at their risk and the organiser shall not accept liability for any loss or damage for such property whether or not they are in receipt of payment for any such service.
13. Cancellation, postponement, or abandonment
13.1 The organiser shall not be liable to the exhibitor for any costs incurred by the exhibitor and the organiser shall be entitled to retain the whole or part (as decided reasonable by the organiser to cover its expenses incurred in relation to the event) of sums paid to the organiser if:
13.1.1 The event, or any part of it, is postponed or abandoned by the organiser (whether for reason or reasons outside of the control of the organiser, or due to insufficient bookings); or
13.1.2 Any licence, supply agreement, or provision of facilities to the organiser is cancelled or failed or curtailed due to strikes, lockouts, or circumstances beyond the control of the organiser.
14. Data protection
14.1 The organiser shall process all data provided on the form and in any other communication in accordance with the purposes set out in the organiser’s registration and in a manner consistent with the Data Protection (Jersey) Law 2018.
14.2 In accordance with the Law, any data recorded under the exhibitor’s name may be inspected on application to the organiser.
14.3 The organiser may contact the exhibitor in relation to future events unless otherwise requested in writing by the exhibitor.
15. Electrical supply
15.1 It is intended that electrical supply will be provided to exhibitors who request such supply on the online booking system where logistically possible.
15.2 The organiser will provide such exhibitors with a supply of electrics equivalent to 13 amps and 13, 16 or 32 amp for caterers where required.
15.3 All electrical supplies will be switched off at the end of each day and on again at the start of each day. Upon request, overnight electricity will be provided where feasible for those who require such a service and where they receive prior written permission from the organisers.
15.4 The exhibitor must provide as much information as possible to the organiser as to its electrical requirements no later than Friday 20 May 2022.
15.5 The organiser will use reasonable endeavours to comply with early requests and attempts will be made to comply with last minute requests but cannot be guaranteed.
15.6 The exhibitor must obtain prior written permission from the organiser if they wish to use a generator in the course of their exhibit.
15.7 The exhibitor must ensure that all electrical equipment and appliances used in their space have been tested and conform to the relevant health and safety requirements.
16.1 The organiser will arrange for a private security provider to be present for the duration of the event.
16.2 Notwithstanding clause 16.1, the exhibitor is responsible for the safety of their exhibits and other property and persons and the organiser accepts no liability for any theft, losses or damage to the space, stand, exhibits, or other property belonging to the exhibitor or in their control or care.
17. Media and advertising
17.1 The organiser reserves the right to permit audio or television broadcasting transmissions, filming, photography, and audio recordings at any time in the lead up to and during the event.
17.2 Written consent must be obtained from the organiser should the exhibitor wish to use any public address or audio system, or conduct any live performances at the event, and this consent should not be unreasonably withheld.
17.3 Any consent given is conditional upon whether the public address or audio system or live performances may cause inconvenience and/or nuisance to any other exhibitors or the public.
17.4 An exhibitor must not display or distribute advertisements or other printed matter, including flyers in areas other than upon its own immediate space. The organiser has the right to prohibit or remove such materials at any time in their discretion, at the exhibitor’s expense.
18. Copyright, design and patent protection and trademarks
18.1 The exhibitor must not copy, photograph, or draw any other exhibitor’s exhibits or other property or products at the event, without the prior consent of the exhibitor.
18.2 Nothing in the agreement will give the exhibitor the right to use any Trademark, which the organiser, or any associated companies, own or use in relation to the event for any purpose except for advertising the exhibitor’s presence at the event.
19. Expulsion of people
19.1 The organiser reserves the right to expel, or to prohibit or restrict entry by any persons, including exhibitors or caterers, whose presence at the event is not in the interests of the organiser, other exhibitors and/or the public.
20. Time of essence
20.1 Time will be of the essence in respect of each term or condition of the agreement whereby the exhibitor is required to do something by a specified date or within a specified time.
21. Disputes over admission or allocation of space
21.1 Exhibition space at the show is limited. It will be allocated based on space requirements and the appropriate sales and marketing mix for the show.
21.2 Any dispute between the exhibitor and organiser over admissions and allocation of space shall be referred to Jersey Harbourmaster, Ports of Jersey, if it cannot be resolved by informal means.
21.3 Allocation of space will be completed on or around Monday 23 May 2022.
21.4 The organiser of the Barclays Jersey Boat Show reserves the right to refuse space applications.
22. Entire agreement clause
22.1 Space is let to the exhibitor on these terms and conditions alone.
22.2 The organiser will not be bound by any additional or contrary terms wherever they may come from.
23.1 Any agent entering into this agreement on behalf of a principal or parent company must provide the organiser with a letter from that person confirming the organiser’s agreement to pay all monies due.
23.2. If the principal defaults, the agent will remain liable to pay all sums due under this agreement.
24. Health and safety
24.1. The exhibitor must always comply with the Health and Safety at Work (Jersey) Law 1989 and other applicable regulations throughout the event. At all times during the event all walkways must be kept clear of obstructions.
24.2. The exhibitor shall ensure that the design of the exhibit complies with all rules and regulations and does not breach health and safety rules.
24.3. The size and dimension of the exhibits should be presented to the organiser by Friday 20 May 2022.
24.4. The organiser retains the right to veto any design of the exhibit that it deems unsafe or inappropriate.