Regulations for Exhibitors of the Gastronomic Zone
Regulations for Exhibitors of the Gastronomic Zone at the Japanese Motorsport Festival JAPFEST
- GENERAL PROVISIONS 1.1. The purpose of these Regulations is to define the participation of the Exhibitor and the rules of cooperation between the Parties in connection with the organization of Festivals. 1.2. Terms written in uppercase are defined at the end of the Regulations.
- PARTICIPATION APPLICATION 2.1. The Exhibitor agrees to familiarize with and adhere to the requirements of these Regulations, which is a condition for participating in the Festivals. 2.2. The basis for the Exhibitor’s participation in the Festivals is: 2.2.1. sending a participation application to the email address: catering@japfest.pl; 2.2.2. obtaining approval for participation in the Festival from the Organizer; 2.2.3. providing complete and correct information as specified in sec. 2.3 of the Regulations; 2.2.4. accepting the quotation received from the Organizer for participation in the Festival by correctly paying the proforma invoice within 14 days of its issuance. 2.3. The Exhibitor is obliged to provide the Organizer by the deadline specified in the email, no later than 15.04.2024, with a correct and complete set of information indicated below: 2.3.1. Type of Booth: vehicle / tent / other sales point (please specify which type); 2.3.2. Dimensions of the Booth; 2.3.3. Declared power consumption; 2.3.4. Type of power connection; 2.3.5. Type of assortment offered at the Festivals; 2.3.6. List of persons working at the Booth during the Festivals. 2.4. Payment of the proforma invoice by the Exhibitor is tantamount to acceptance of the Regulations and commitment to abide by them and is treated as a contract concluded between the Parties.
- EXHIBITOR’S RIGHTS AND OBLIGATIONS 3.1. The Exhibitor is obliged to set up the Booth in accordance with the arrangements with the Organizer and in the location designated by the Organizer on the premises of each of the Festivals as per sec. 7.3 3.2. The Exhibitor is required to conduct sales at the Booth during the hours and in the place designated by the Organizer, and in the event of lack of goods or other factors affecting a shorter than agreed sales time – the Exhibitor is obliged to immediately notify the Organizer of this fact. 3.3. It is forbidden for the Exhibitor to sell any goods other than those reported and approved by the Organizer during the Festivals. In the event that the Organizer determines that the Exhibitor is selling unapproved goods, the Organizer reserves the right to remove the Exhibitor from the Festival premises without refunding the costs incurred by the Exhibitor, including the fee for the Booth and power connection. 3.4. The Exhibitor may not promote at the Festivals goods whose use is legally prohibited. If the Organizer determines that the Exhibitor is selling legally prohibited goods, the Organizer reserves the right to remove the Exhibitor from the Festival premises without refunding the costs incurred by the Exhibitor, including the fee for the Booth and power connection. 3.5. Without the consent of the Organizer, it is prohibited to place advertising materials outside the Booth and to distribute advertising materials of companies that are not participants of the Festivals. The Organizer has the right to remove such materials at the cost and risk of the Exhibitor. 3.6. The Exhibitor declares that: 3.6.1. has the necessary experience, competence, resources, personnel, and authorizations to conduct gastronomic activities to the extent necessary to fulfill the obligations of the Exhibitor arising from the Regulations, and also has a mobile gastronomic facility adapted to conduct small-scale gastronomy; 3.6.2. has obtained or – before starting to perform the provisions of the Regulations during the Festivals – will obtain from the relevant authorities all the permits, consents, and authorizations required to conduct the activity, including in terms of running a gastronomic point, and meets all the necessary requirements imposed on him by these authorities necessary to conclude and perform the provisions of the Regulations and, upon request of the Organizer, will provide them for inspection. 3.7. The Exhibitor is required to have a current insurance policy covering the scope of business conducted throughout the duration of the Festivals. 3.8. The Exhibitor is obliged to comply with and fulfill the instructions of the person mentioned in sec. 7.1.
- BOOTH 4.1. The Organizer provides the Exhibitor with a Booth at each of the Festivals in accordance with the information provided by the Exhibitor as specified in sec. 2.3 of the Regulations and in accordance with the previously presented and agreed concept and provisions of the Regulations. Non-compliance by the Exhibitor with the guidelines of the Organizer will result in an order to leave the Festival without refunding the costs incurred by the Exhibitor, including the fee for the Booth and power connection. 4.2. The Booth designated by the Organizer is intended exclusively for the specific Exhibitor for the duration of the respective Festival. The Exhibitor has no right to sublease, lend, lease, or otherwise make available to third parties the Booth assigned by the Organizer. 4.3. The location of the Booth at the Festivals is determined by the decisions made by the Organizer after considering the technical conditions of the site and facility, as well as the plan and map of each of the Festivals. 4.4. No later than 7 days before each of the Festivals, the Organizer will send to the email address provided in the application by the Exhibitor, the plan for the placement of Booths in the gastronomic zone at the given Festival. The Exhibitor is required to familiarize themselves and comply with the plan indicated by the Organizer. 4.5. The Organizer reserves the right to change the location of the Booth previously assigned to the Exhibitor and will make every effort to inform the Exhibitor of any changes made in advance, however, no later than the day before the start of each of the Festivals. 4.6. The Exhibitor is obliged to maintain the cleanliness and aesthetics of the Booth and the vehicle or tent placed thereon or any other mobile sales point. 4.7. The Exhibitor is also required to maintain the cleanliness and aesthetics of the area around their Booth, and at the end of each day of sales – to tidy up the area they occupy and leave it clean. 4.8. The Exhibitor is required to continuously dispose of all waste and trash into the waste containers located on the Festival premises, which have been indicated by the Organizer. 4.9. If the area occupied by the Booth and its surroundings are not tidy, the Organizer will commission cleaning work at the cost and risk of the Exhibitor. 4.10. The dismantling of the Booth may not occur before the end of each of the Festivals for visitors, on the day they end, but no later than 24:00 on that day, unless the Exhibitor has reported technical-organizational problems to the Organizer and obtained the Organizer’s consent.
- MEDIA 5.1. The Organizer undertakes to provide the Exhibitor with a designated power socket, in accordance with the type of power connection declared by the Exhibitor. It is the Exhibitor’s responsibility to have their own distribution boards and cables for further distribution of the installation to and at the Booth. 5.2. The Exhibitor undertakes to provide at their own expense access to other media necessary for conducting business activities (including water, gas, etc.). The Exhibitor bears all costs associated with the exploitation of these media, as well as all other costs related to the maintenance and operation of the Booth. 5.3. In case of loss or damage to property belonging to the Organizer or the owner of the facility where the Festival is organized, the Exhibitor undertakes to pay a compensation claim for lost or damaged property. The amount of the compensation claim will be determined based on an assessment prepared by the Organizer and/or the owner of the facility. 5.4. The Exhibitor declares, under penalty of criminal and financial liability to the Organizer and third parties, that the equipment used by them is functional and meets all legally permissible standards and requirements, and the installations, including electrical and gas, have appropriate certifications, attestations, and technical inspections. 5.5. In the event of a significantly higher power consumption by the Exhibitor, the Organizer reserves the right to immediately disconnect the Exhibitor from the power source. 5.6. The Organizer, by way of exception and individual decision, may allow the reconnection of the Exhibitor mentioned in sec. 5.5, but provided that there is a technical possibility and the Exhibitor has paid the fee mentioned in sec. 5.7 immediately before reconnection. 5.7. For reconnection, the Exhibitor undertakes to pay a fee of PLN 2,000 net.
- HOUSEKEEPING ISSUES 6.1. The Exhibitor undertakes to provide necessary fire-fighting equipment at their Booth and to comply with health and safety regulations, fire safety regulations, sanitary regulations, and other rules and standards relating to the Exhibitor’s activities at the Booth. 6.2. The Exhibitor is obliged to secure their electrical cables and connections located within and around the Booth from access by third parties. 6.3. The Exhibitor is financially responsible for damages within their Booth, such as difficult-to-remove surface stains, mechanical damage to the surface or other elements of the site. The amount of the fee will be determined by the Organizer after analyzing the extent of the damage and the costs of repair based on an assessment received from the company specializing in removing such damage. The Exhibitor undertakes to bear the total cost of removing these damages within 7 days of receiving a VAT invoice from the Organizer. 6.4. During the Festivals, the Exhibitor is required to comply with instructions issued by the Organizer, the Manager of the Mass Event, security services, Police, Municipal Guard, Fire Brigade, and medical services. 6.5. The Exhibitor has an absolute obligation to comply with the Facility Regulations and the Festival Regulations. 6.6. The Exhibitor is required to ensure full compliance of their activities with legal regulations. In particular, the Exhibitor is required to: 6.6.1. maintain the required sanitary-technical condition of the Booth, in accordance with the provisions of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, and comply with all sanitary-epidemiological regulations in the field of gastronomic activities; 6.6.2. comply with all other legal regulations applicable to the activities conducted, in particular fire safety regulations, occupational health and safety regulations, environmental protection and waste management laws. 6.7. The Exhibitor is responsible for any damages to third parties resulting from activities conducted at the Booth. 6.8. If the persons indicated by the Exhibitor, according to sec. 2.3.6 of the Regulations, wish to stay overnight at the Festival premises, the Exhibitor is required to report and agree on this fact with the Organizer within 14 days before the respective Festival. Overnight stays at the Festival premises are possible only with prior approval of the Organizer and exclusively in the place designated by the Organizer, and the Exhibitor ensures necessary conditions for overnight stays during the Festivals and bears full responsibility for these persons.
- RIGHTS AND OBLIGATIONS OF THE ORGANIZER 7.1. The Organizer reserves the right to delegate a person who, before and during the Festivals, will act as a contact person for the Exhibitor. The Organizer will then provide the Exhibitor with the contact details of this person. 7.2. The Organizer undertakes to provide the Exhibitor with a place for the Booth in accordance with the previously presented and agreed concept. 7.3. The Organizer undertakes to provide and transfer the place for the Booth no later than 19:00 the day before the start of the Festivals. 7.4. The Organizer undertakes to provide the Exhibitor with a designated power socket according to the type of connection declared by the Exhibitor. 7.5. The Organizer undertakes to cooperate with the Exhibitor directly or through the delegated person mentioned in sec. 7.1 of the Regulations and to respond to problems reported by the Exhibitor without unnecessary delay. 7.6. The Organizer is not responsible for accidents involving persons or for damages to the property of the Exhibitor or persons indicated in sec. 2.3.6 of the Regulations, or caused by acts of God, force majeure, or theft. 7.7. The Organizer undertakes to provide a waste container for use by Exhibitors. 7.8. The Organizer may act directly or indirectly, i.e., through the person mentioned in sec. 7.1.
- FEES 8.1. The fee for the Booth is agreed between the Parties and constitutes a trade secret of the Parties as defined by the Act of 16 April 1993 on combating unfair competition (consolidated text, Journal of Laws of 2022, item 1233). 8.2. The fee for the power connection is determined in advance and depends on the type of connection and the declared power consumption, according to the information specified in sec. 2.3.3 – 2.3.4 provided by the Exhibitor, and the basis for calculation is the following table: Type of connection Cost of connection net (PLN) 230V 700 400V 16A 1300 400V 16A 2000 8.3. The Exhibitor will pay the Organizer the agreed gross amount by bank transfer to the bank account indicated by the Organizer on the invoice within 14 days of issuing the proforma invoice. 8.4. The Exhibitor authorizes the Organizer to issue the proforma invoice and VAT invoice without his signature. 8.5. The Exhibitor consents to receive proforma invoices and VAT invoices in electronic form to the email address provided by the Exhibitor. 8.6. The Organizer will issue a VAT invoice to the Exhibitor without unnecessary delay immediately after the full amount from the proforma invoice is recorded. 8.7. If the Exhibitor withdraws from participation in the Festival within 30 days before the respective Festival, the Exhibitor is entitled to a refund of 80% of the fee paid for the Booth and 100% of the fee for the electrical connection in accordance with the declared consumption. In case of withdrawal from participation less than 30 days before the respective Festival, a refund for the Booth is not granted. 8.8. If the proforma invoice is not paid within the period specified in sec. 8.3 of the Regulations and after a single reminder to the Exhibitor, the Organizer will automatically remove the Exhibitor, and the Exhibitor loses the right to organize the Booth. 8.9. Failure of the Exhibitor to appear at the Festivals without prior notification to the Organizer of this fact will result in the imposition of a fine of PLN 5,000 net (in words: five thousand zlotys, 00/100 groszy net). The fine will be imposed on the Exhibitor regardless of the reason and circumstances of absence.
- COMPLAINTS AND CLAIMS 9.1. Exhibitors’ complaints should be reported to the Organizer: 9.1.1. verbally to the Organizer or the person delegated by the Organizer – complaints concerning the technical condition at the time of receiving the Booth, no later than 4 hours after receiving the Booth; 9.1.2. in writing to the specified email address: catering@japfest.pl – other complaints, within no longer than 7 days after the end of each of the Festivals. 9.2. After the expiry of the above-mentioned periods, complaints will not be considered. 9.3. In the event of administrative orders, natural disasters, sudden weather changes, acts of God, unforeseen breakdowns, etc., events that prevent or hinder the organization of the Festivals, the Festival may be limited, moved, or canceled. Exhibitors are not entitled to any claims against the Organizer, in particular compensatory claims for lost profits, etc. The Organizer will only refund the fee paid by the Exhibitor, reduced proportionally by the amount of documented costs incurred by the Organizer.
- FINAL PROVISIONS 10.1. The Organizer reserves the right to withdraw from the Agreement in case the Exhibitor does not meet the conditions specified in the Regulations and in the absence of full payment of the amount specified in the Agreement. 10.2. In case of violation of the Regulations or gross violation of social coexistence rules, legal regulations, or non-compliance with instructions issued under sec. 6.4 of the Regulations, the Organizer may order the Exhibitor to leave the Festival premises. In such a case, the Exhibitor is not entitled to a refund of costs, including the fee for the Booth and power connection. 10.3. The sale of tobacco products and narcotics is strictly prohibited on the Event premises. Alcoholic products may be sold only in places designated for that purpose by the Organizer. 10.4. In matters not regulated by these Regulations, the relevant provisions of the Civil Code shall apply. 10.5. All disputes will be settled by the court competent for the Organizer’s seat. 10.6. The Organizer has the right to change or supplement the Regulations at any time. Information about the change of the Regulations will be posted on the Festival’s website. 10.7. The Regulations are valid until the end of the last of the Festivals.
- DEFINITIONS Festivals, separately as: Festival
