Terms of Participation in Travel Trade Fair "Tourest 2021"

PARTICIPATION AGREEMENT OF INTERNATIONAL TRAVEL & TRADE FAIR

"TOUREST 2021"

1. ORGANIZER  OF THE FAIR

Estonian Travel and Tourism Association (ETFL, hereinafter Organizer), Pärnu mnt 20, 10141 Tallinn, Estonia, Phone +372 6313 013, e-mail: info@etfl.ee, web: www.tourest.eu

2. DATE AND PLACE OF THE FAIR

May 14 – 15, 2021

Tallinn Song Festival Grounds, Narva maantee 95, 10127 Tallinn, Estonia

International travel trade fair Tourest 2021 (hereinafter referred to as the fair) is open:

May 14, 2021 from 10 a.m. to 6 p.m.

May 15, 2021 from 10 a.m. to 6 p.m.

Entrance for visitors by invitation or ticket.

The fair area is open for the exhibitors one hour before the opening of the fair and one hour after the closing time.

Transport, mounting, exhibition layout and enter of exhibitors:

May 11 – 12, 2021 (mounting) from 9 a.m. to 8 p.m.

May 13, 2021 (exhibition layout) from 9 a.m. to 9 p.m.

Outside the aforementioned hours only by prior agreement in accordance with the price list.

Dismounting, transport and enter of exhibitors:

May 16, 2021 from 9 a.m. to 9 p.m.

May 17, 2021 from 9 a.m. to 6 p.m.

Outside the aforementioned hours only by prior agreement with the Organizer in accordance with the price list.

3. EXHIBITORS

Exhibitors: tourism organizations, undertakings offering tourist- and travel services incl. tour operators; travel agents; undertakings providing transport-; accommodation-; catering-; recreational-; car rental-; insurance-; training- and different kind of vacation services as well as the co-operation partners of the aforementioned undertakings.

The Main Exhibitors (hereinafter Exhibitor) are undertakings who have a valid participation agreement for renting an exhibition space (hereinafter Agreement). The name and/or logo of the Exhibitor are/is on the fascia board of the stand it has rented, data are published in the „TOUREST 2021“ web-catalogue.

The Co-Exhibitors (hereinafter Co-Exhibitor and also generalised as exhibitor) are legal persons, who are participating at the fair on the main exhibitor’s floor space. The floor space allocated to the Co-Exhibitor has to be clearly differentiated in design, whereas the Co-Exhibitor’s name/logo and other mandatory information for Exhibitors has to be emphasised, and representatives of the Co-Exhibitor have to be present on the floor space. The Exhibitor is obligated to register all their Co-Exhibitors and pay the participation fee and service fees of each Co-Exhibitor. If the Co-Exhibitor is also participating at the fair as an Exhibitor, they are exempt from the Co-Exhibitor’s fee. The Co-Exhibitor status guarantees the name and/or logo of the Co-Exhibitor in the design of the floor space and the right to hand out the Co-Exhibitor’s advertising materials. Information about the Co-Exhibitors, who have been registered in a timely manner, is entered into the electronic fair catalogue.

4. ENTRY INTO CONTRACT, TERMS OF PAYMENT

4.1. The Contract for renting an exhibition space shall be made available in the TOUREST web portal www.tourest.eu, (hereinafter the Web). The Contract shall be validated/signed by the Exhibitor’s representative in the web portal, with agreeing to the participation terms, or sent either in a digitally signed form or in a format which can be reproduced in writing to the e-mail addresses info@etfl.ee, or on paper to the address Estonian Travel and Tourism Association, Pärnu mnt 20, Tallinn 10141, Estonia. The Exhibitor shall be liable for the correctness of the details submitted by him/herself and shall bear the risk for any losses caused by mistakes.

4.2. The Contract enters into force and becomes a binding agreement between the exhibitors (including the Co-Exhibitor and the Organizer) from the moment it is signed.

4.3. The Exhibitors’ deadline for forwarding the Contract is May 10, 2021. Both before and after the deadline, contracts are entered into only if there is free floor space.

4.4. The organiser will issue an invoice for the floor space rental and send it to the e-mail address in the contract in two parts as soon as possible after the contract is signed.

4.4.1. The first part of the invoice is the 125 € registration fee, VAT is added to the price.
The registration fee includes the data of the Exhibitor to be published in the fair’s electronic catalogue as well as in the participant’s list in the physical magazine of the fair, one free parking permit and one free ticket to the fair’s party.

The registration fee is non-refundable and is not to be refunded even if the fair or some of the services included in the registration fee are canceled, for example if the fair’s party should be canceled. The Exhibitor is obligated to pay the first part of the full invoice, the registration fee within 7 (seven) days after the invoice is issued.

4.4.2. The second part of the invoice is issued by the Organizer from March 1, 2021 for the floor space rental and ordered extra services, if there are any, which does not include the registration fee of 125 euros. The Exhibitor is obligated to pay the second part of the full invoice, the floor space rental and extra services within 14 (fourteen) days after the invoice is issued. In case the invoice is issued later than 14 (fourteen) days before the event, the due date for the second payment will be May 7, 2021.

4.5. Any services ordered additionally after the Contract is signed shall be paid for before the due date mentioned in the invoice issued by the Organizer. The organizer has the right to bind the confirmation of the order with the receipt of the advance payment.

4.6. The Exhibitor signing the Contract shall be held liable for the timely payment of invoices. At the Exhibitor's request, if it has been agreed to in the contract, the Organiser shall issue the invoice to a third person designated by the Exhibitor. The issue of invoices to a third person shall not exempt the Exhibitor from the duty to pay the invoice. In such a case, the Exhibitor shall remain liable for the payment of the invoice and shall pay the invoice if the third person fails to pay it by the due date. The Exhibitor shall notify the Organizer of his/her wish to have the invoice issued to a third person at the latest on the date of entry into the Contract or upon submitting an order.

4.7. The Organizer shall change the name of the recipient of the invoice based on an application submitted by the Exhibitor in a format that can be reproduced in writing. If the request by the Exhibitor to have the name of the recipient of the invoice changed has been submitted after the issue of the invoice by the Organizer, the Exhibitor shall pay the Organizer a service fee of 20 (twenty) euros each time an invoice needs to be changed. VAT will be added to the fee.

4.8. If the Exhibitor delays with the payment of any amounts, the Organizer shall have the right to impose a fine for delay in the amount of 0.3% of the outstanding amount per day.

5. RENTAL CHARGES

5.1. The Organizer shall open entry into Contracts and make the rental charges for exhibition spaces available on the web page www.tourest.eu 3 (three) months before the opening date of the trade fair at the latest.

5.2. For the Exhibitors, who send the Contract to the Organizer between the dates from April 15, 2021 to May 10, 2021 the extra charge of 20% of the total amount of the order for the Exhibitor will be added to the price.

5.3. For floor spaces with a booth of over 2,5 m², there is an additional charge of 1,5 times the fee of the floor space underneath the booth.

5.4. The fee for the participation of one Co-exhibitor in the trade fair shall be 40.00 euros plus value added tax. The Exhibitor shall register his/her Co-exhibitors by April 14, 2021 at the latest and shall pay the participation fees for the Co-exhibitors as determined by the Organiser.

6. IDENTITY CARDS

6.1. Holders of the identity cards will be entitled to enter the exhibition center during: May 11 and 12 from 9 a.m. to 8 p.m., May 13 from 9 a.m. to 9 p.m., May 14 and 15 from 9 a.m. to 7 p.m., May 16 from 9 a.m. to 9 p.m. and May 17 from 9 a.m. to 6 p.m. The Organizer will provide the Exhibitor a link from where the Exhibitor can download the necessary amount of identity cards until April 16, 2021 at the latest. The pockets for the identity cards are provided to the Exhibitor by the Organizer and can be collected at the fair on May 13, 2021. The identity cards are personal and non-transferable.

6.2. During mounting and dismounting periods access to the fair territory is permitted only with mounting cards.

6.3. Every Exhibitor (for clarity: Main Exhibitor) will be given 1 (one) free parking card which gives the repetitive right to enter the fair territory during May 11-17, 2021 from Oru gate (Oruvärav, the gate at Narva maantee) for transportation of goods and for parking at the Exhibitor’s parking lot. The organizer will share additional information regarding the logistics on fair territory and about parking with the Exhibitors by April 16, 2021 at the latest.

7. ELECTRONIC EXHIBITION CATALOGUE

Data of Exhibitors and Co-Exhibitors participating in the fair will be published in the electronic exhibition catalogue upon request and submission of the data by April 23, 2021 at the latest.

8. INVITATION CARDS

8.1. Every Exhibitor and Co-exhibitor receives the right to send out unlimited number of invitations by e-mail free of charge. Each invitation card is valid for a single visit to the exhibition centre during the opening hours. The Exhibitor will receive the e-mail with the invitation cards after having paid the rent for the exhibition space, on April 16, 2021, at the latest.

9. TERM AND TERMINATION OF CONTRACT

9.1. The Contract shall be valid until the performance of all obligations arising from the Contract by the Exhibitor and the Organizer.

9.2. The Exhibitor shall have the right to cancel the Contract or effect standard termination of the Contract before the prescribed time:

9.2.1. until March 22, 2021 by paying the Organizer a contractual penalty of 30% (thirty percent) of the total rent for the exhibition space, net of value added tax, and other fees which have been agreed in the Contract.

9.2.2. from April 14, 2021 to April 30, 2021 by paying the Organizer a contractual penalty of 50% (fifty per cent) of the total rent for the exhibition space, net of value added tax, and the cost of the works performed / services provided as agreed and stipulated in the price list;

9.2.3. from May 1, 2021 by paying the Organizer a contractual penalty in the amount that corresponds to the total rent for the exhibition space, net of value added tax, and the cost of the works performed / services provided as agreed and stipulated in the price list.

9.3. If the Exhibitor has made an advance payment to the Organiser, the Organiser shall offset the amount paid in advance with the amounts payable by the Exhibitor, including the contractual penalty, and the remainder of the advance payment shall be returned by the Organiser to the Exhibitor in fifteen (15) days after the submission of the application for withdrawal.

9.4. The Organiser shall have the right to cancel the Contract before the prescribed time on extraordinary terms if the Exhibitor has breached the Contract and has not eliminated the breach in the additional period granted, also, but not limited to, not paying the fee by the agreed deadline, the exhibition stand has not been put to use in 24 hours prior to the opening times of the first fair day etc. In such a case, the Exhibitor shall pay the Organiser the full amount of rent for the exhibition space plus value added tax, and the cost of the works performed / services provided as agreed and stipulated in the price list, and a contractual penalty of 50% of the total rent for the exhibition space, net of value added tax.

9.5 In case of contractual penalty requirement issued by the Organizer, the Exhibitor is obligated to pay the amount within seven (7) days after the requirement is issued.

9.6. Expiry of the Contract shall not exempt the Exhibitor from the duty to perform the financial obligations arising from the Contract, which arose prior to expiry of the Contract.

9.7. The Organiser shall have the right to cancel the Contract on extraordinary terms and without an advance notice if it is not possible to hold the trade fair in the required extent (including partial implementation) due to any circumstances independent of the Organizer, for example in case of restrictions established by the Government or authorities due to the spread of viruses or infectious diseases. For clarification, the Organizer’s required extent of the trade fair is at least 5000 people. Upon termination of the Contract under the present clause, the Parties shall not be required to compensate any damages arising from the termination of the Contract. In case of the termination of the Contract, the Organizer shall refund the amount mentioned in the Contract signed by both parties, excluding the registration fee and the cost of works performed / services provided (for example building and designing works of the stand) up until the termination of the Contract, to the Exhibitor.

9.8. To cancel the Contract unilaterally, a Party shall submit to the other Party a unilateral written application. Upon withdrawal from and/or termination of the Contract, the right to use the exhibition space shall automatically be transferred to the Organizer.

9.9 By signing the Contract, the Exhibitor gives consent to the Organizer to perform set-offs.

10. TRADE FAIR SERVICES AND ADDITIONAL SERVICES

Exhibition stand construction and design works

10.1. The Exhibitor can order the construction and design (standard or special) of the exhibition stand and the required materials from the Organizer. Orders are filled with a deadline of 2 working days. The orders shall be made only on the website www.tourest.eu. The Organizer hall delivers the completed exhibition stand to the Exhibitor on May 13, 2021 from 10 a.m. at the spot based on the official statement, on the precondition that the order has been submitted on April 30, 2021 at the latest. If the exhibition stand has not been completed by such time or should any defects be found in it, the Exhibitor shall immediately notify about it Organizer in a written way on the spot and via e-mail to the Organizer at info@etfl.ee right after receiving the stand or in case of hidden defects, within 3 hours after finding the defect.

10.2. The Organizer shall have the right to suspend the construction works in the exhibition space if the Exhibitor does not follow the terms of the Contract.

10.3. If the Exhibitor builds the exhibition stand on his/her own or uses third persons, he/she is obliged to acquire the approval of the Organizer to the design plan, structures and materials of the stand by April 30, 2021 at the latest.

10.4. The Exhibitor shall follow the deadlines for the assembly and disassembly works as established in the participation terms of the trade fair, the requirements of the Organizer for the construction of stands and the fire safety, occupational health and safety, Tallinn Song Festival Ground’s trade and parking rules and other rules which have been made available on the Web.

10.5. In case the Exhibitor is staying on the trade fair territory beyond the agreed time (point 2 in the Contract), the Exhibitor is obliged to pay a fee for every additional hour according to the price list made available on the Web. In case the Exhibitor wishes to extend the time, he/she has to make an agreement with the Organizer as soon as possible and pay for the additional hours according to the price list.

10.6. The Exhibitor shall obtain a prior written permission of the Organizer for mounting or hanging items, design elements or advertisement stands of any weight to the sidewalls or ceiling structure of the stand.

10.7. The standard height of the wall elements of a stand shall not exceed 2.5 metres. A special prior written permit shall be obtained from the Organizer for using higher constructions. The maximum height limit of a stand shall be 5 metres (unless agreed otherwise with the Organizer). The people visiting and servicing a stand that is two or more storeys high shall not stay higher on the stand than 2.6 metres from the floor level of the hall. If the weight of an exhibit or any item exceeds a weight load of 1,000 kg/m², its placement in the stand will need a prion written consent from the Organizer. To disperse the weight induced by the work load, a ground plane shall be placed under particularly heavy exhibits and constructions.

10.8. Constructions used above the stand and higher than 2,5 m (standard height for design elements) or 3,6 m (special design package height) require special prior written consent from the Organizer. These constructions have to be within the borders of the floor space and will be paid for as advertising space, i.e. at 41.00 €/m², however, they carry a minimum advertising fee of at least 100 €.

10.9. For advertisements hung or attached in any other manner higher than 2,5 m above the floor space (no height limitations) the price is 41.00 €/m2, however, they involve a minimum advertising fee of at least 100 €. VAT is added to prices listed in this point.

10.10. By claiming access to the rented area from the Organizer, the Exhibitor agrees that he/she has no complaints about the rented area, including the stand as well as the resources available. All complaints must be submitted to the employee appointed by the Organizer during transposition of the area. Hidden shortcomings must be made known to the Organizer as soon as possible but within 3 hours after finding the shortcomings out.

10.11. From the end of TOUREST but no later than May 17, 2021 at 6 p.m. the Exhibitor shall hand over the rented area in the same condition as he/she received it in to the employee appointed by the Organizer. The Exhibitor shall clean the rented area fully including the area accessible by the clients.

Additional services

10.12. Any orders for additional services shall be submitted to the Organizer by April 30, 2021 at the latest. Orders submitted after this deadline shall be fulfilled as far possible and these orders will include a 25% addition to the price.

10.13. During the trade fair, the Organizer shall open a service and information bureau where Exhibitors can order trade fair services. During the fair’s working period (from May 11, 2021 until May 15, 2021), orders can be submitted only at the service and information bureau, and these orders will include a 50% addition to the price.

10.14. The materials required for the exhibit and the stand are allowed to be transported to the fair territory only via Oru gate (Oruvärav) on Narva maantee.

10.15. The Exhibitor is required to confirm in written form the necessary items and services needed for the trade fair to the Organizer no later than April 30, 2021.

10.16. In case the Exhibitor or legal or natural person (third party) related to him/her wish to leave requisites related to the fair to Tallinn Song Festival Grounds (indoors or outdoors) after handing over the rented area, the storage fee of each requisite is 64 (sixty four) euros, VAT is added to the price. The measures of one requisite must not exceed the size limit of 1 x 1 x 1 m. The storing of requisites related to the fair which exceed the allowed size limit, must receive a prior written consent from the Organizer and shall be stored for extra charge agreed by the parties.

11. INTERNET SERVICES

The Exhibitor can order a paid Internet service for his/her stand according to the Organizer’s price list.

12. CUSTOMS AND TRANSPORT

The Exhibitor organizes the transport of his exhibits at his own expense and is responsible for the customs formalities concerning the exhibits. Customs services may be ordered from: UPEX LS Ltd. – Pirita Road 28, 10127 Tallinn, Estonia; phone +372 611 2860; +372 511 9947; faks +372 611 2861; e-mail: upex@upex.ee; www.upex.ee. All exhibits for the fair should be sent (not earlier than 3 days before the fair) to the location in the name of the Exhibitor at the address of Tallinn Song Festival Grounds – Narva maantee 95, 10127, Tallinn. The Exhibitor or a representative are obligated to personally be present to receive the sent items.

The Exhibitor may order warehouse and lift services from the Organiser. Orders need to be approved two (2) business days before the arrival of the shipment and not later than on May 9, 2021. In the interest of clarity, neither the Organizer nor Tallinn Song Festival Grounds are responsible for the safe keeping of items sent to the fair centre, except if the service for doing so has been confirmed to the Exhibitor in a format that can be reproduced.

13. FIRE SAFETY PRECAUTIONS

The Exhibitor is responsible for fire safety precautions during the fair, including the transport, mounting and dismounting of exhibits. The Exhibitor commits to fulfill all the orders and regulations of the representatives of Tallinn Song Festival Grounds to ensure safety. Using open fire and smoking at fair territory is allowed only in designated areas. Exhibiting flammable goods and materials is permitted only with prior consent of the State Rescue Board. The consent shall be placed to the Organizer before transport and mounting.

14. ADVERTISING AND RETAIL SALE

14.1. The Exhibitor shall have the right to use the exhibition space and the inside walls of the rental stand for advertising on following conditions: The indoor stand’s walls adjacent to neighboring stands shall be free of advertisemets / shall be white. Placing advertising material on the walls of the stands rented indoors is permitted only when adhesive tape and/or hangers are used. The Exhibitor commits to using only the advertising materials which promote him/her, correspond to the topic of the exhibition and comply with the Advertising Act. The Exhibitor is responsible for the legality of advertising materials and means exhibited in their exhibition stand. Using advertising space outside of the rented floor space, including above the exhibition stand and higher than 2,5 m, involves an additional fee and requires a preliminary agreement with the Organizer. Advertising space for advertisements hung up or attached in any other manner higher than 2,5 m above the floor space (without height limitations) carries a fee of 41.00€/m², with a minimum fee of 100.00€ for advertising space per advertising unit. VAT is added to prices listed in this point.

14.2. Any marketing events by the Exhibitor taking place outside the exhibition space shall need a preliminary written agreement with the Organizer. The distribution and display of printouts and any information materials outside the Exhibitor’s own exhibition space shall be prohibited unless agreed otherwise with the Organizer.

14.3. The presentation of audio and video programmes in the exhibition space shall not disturb other exhibitors. Presentations, shows or other events taking place in the exhibition stand shall be coordinated in advance with the Organiser to avoid disturbing other exhibitors.

14.4. To ensure the continuity of the exhibition, increase the number of visitors, guarantee the successful organisation and popularity of the trade fair, the Exhibitor shall fully comply with the following terms and conditions:

14.4.1. Prohibition of advertisements inviting people to ignore the trade fair. Each Exhibitor shall refrain from and fully rule out the publication of any advertisements, calls or information that directly or indirectly calls on people, clients, consumers and/or visitors of the trade fair to avoid visiting the trade fair. The Exhibitor shall take liability and ensure that his/her Co-exhibitors, agents and distributors also duly perform the obligations specified in this clause. The prohibition shall be valid without a term from the moment of entry into the Contract and also if the Exhibitor, a Co-exhibitor, agent or distributor uses other terms, expressions, symbols or logos when disclosing information and it is clear these refer to the trade fair.  For example: it is prohibited to use the following or similar advertisement: “get the best travel offers without crowding around at the trade fair, buy your trip online / from your office instead"). Each time the obligation specified in the present clause is infringed (i.e. infringed by a Co-exhibitor, agent or distributor of the Exhibitor), the Exhibitor shall pay the Organiser a contractual penalty in the amount of 50% of the rental charge for the exhibition space, net of value added tax. The contractual penalty is a penalty requiring an obligation to be performed.

14.4.2. By entry into the Contract, the Exhibitor represents and warrants that he/she regards it justified, reasonable and non-burdening to prohibit any advertisements inviting to avoid the trade fair as specified in clause 14.4.1 and wishes to participate in the trade fair under the conditions established.

14.5. Retail sale

14.5.1. Retail sale is allowed during the trade fair by prior arrangement with the organizer of the fair. The Exhibitor or a merchant participating in the trade fair shall obtain all the required legal permits and licenses for selling goods and services. The Exhibitor, trader is responsible for his/her business to be in compliance with the provisions of the Commercial Activities Act, the Consumer Protection Act, the Tourism Act as well as other acts and legislations.

14.5.2. The Exhibitor shall present the scheme of trader’s placement and/or use of rental space to the Organizer no later than on April 23, 2021, as well as estimated use of electricity, plan of electricity and other important details regarding the fair no later than on April 30, 2021.

14.5.3. Each point of sale is considered as an electricity connection spot. In case the Exhibitor does not wish to have electricity in every point of sale, he/she is obliged to let the Organizer know on the plan of electricity.

14.5.4. If the Exhibitor needs electrical solutions with the capacity of more than 20 kW indoors, he/she is obliged to pay an additional amount of 25 euros per work hour, which the electrician needs for installing the additional capacity.

14.5.5. For one (1) kW of electricity the Exhibitor needs, he/she is required to pay 12 euros. VAT will be added to the price. The price includes the creation of an electricity connection point.

14.5.6. For each time the Exhibitor exceeds the power capacity of the electricity connection point, the Organizer is allowed to demand a contractual penalty from the Exhibitor in the amount of 150 (one hundred and fifty) euros.

14.5.7. In case the Exhibitors needs extra electricity, connection points or changes the initial plans during the fair, all work will be done in general order according to the possibilities of the Organizer. The Exhibitor guarantees to pay for the extra work done by the Organizer according to the invoice received.

14.5.8. The necessary extension cords needed to get the electricity from the distribution board to the Exhibitor’s equipment that requires the electricity are provided by the Exhibitor. All devices and extension cords must comply with the Euro standards. The Organizer has the right to supervise, issue precepts and apply sanctions by not providing electricity to the Exhibitor.

14.5.9. The Exhibitor is prohibited from:

14.5.9.1. Making the electrical connection with the installed distribution boards independently. The Exhibitor is obliged to compensate the occurred damage as well as for each identified violation, the Organizer has the right to impose a fine of 5000 (five thousand) euros on the Exhibitor. Only the Organizer’s electrician or a person authorized by the Organizer are allowed to make the connections.

14.5.9.2. Exceed the ordered electricity capacity on his/her own. For each identified violation, the Organizer has the right to impose a fine on the Exhibitor to the extent indicated in accordance with the clause 14.5.9.1 of the Contract.

14.5.9.3. Placing means of transport to asphalt-free areas (including the grass) without a written consent from the Organizer.

14.5.9.4. Placing an open fireplace closer than 5m from trees, bushes or buildings. It is also forbidden to put unclenched coal in garbage containers or otherwise create a flammable situation. It is mandatory to have a powder extinguisher next to the fireplace. The Organizer has the right to impose a fine of 350 (three hundred and fifty) euros on the Exhibitor for each identified violation.

14.5.9.4. Dispense the goods in a glass container. The Organizer has the right to impose a fine of 200 (two hundred) euros on the Exhibitor for each identified violation.

14.5.10. The Exhibitor is required to cover the grass area under the trader’s service area and 2m in front of the stand with covers (wooden shield, rubber mat or other covering means accepted by the Organizer.

14.5.11. The Exhibitor is responsible for the continuous maintenance of his/her rented area as well as 2m in the radius of the area during the fair and in between the events taking place on the area.

14.5.12. The Exhibitor is responsible for taking his/her trash (incl. bottles, cardboard boxes etc.) to the garbage containers.

14.5.13. In case of violation of the clauses 14.5.10., 14.5.11. and 14.5.12., the Organizer has the right to impose a fine of 300 (three hundred) euros on the Exhibitor for each identified violation.

14.5.14. In case the Exhibitor wished to store items etc. on Tallinn Song Festival Grounds after handing over the rented area, he/she is obligated to pay a fee to the Organizer according to the price list. In case the Exhibitor leaves items, accessories, materials etc. without prior agreement with the Organizer to Tallinn Song Festival Grounds after handing over the rented area, the Organizer has the right to move the objects from Tallinn Song Festival Grounds at the expense of the Exhibitor.

14.5.15. The Organizer guarantees clean drinking water and sewage for the Exhibitor during the fair.

14.5.16. The Exhibitor is obliged to inform his/her employees about the conditions of participation set by the Organizer.

14.5.17. The use of tents, facilities and other attraction that require piling or drilling, must be agreed in advance with the Organizer.

14.5.18. Travel operators shall have the required registrations and legal securities. In case of the Exhibitor’s failure to perform or unsatisfactory performance of the obligations established in the Contract and in legislation, the organizer shall have the right to suspend and/or stop the sales without an advance notice or cancel the Contract without an advance notice.

15. RESPONSIBILITY AND INSURANCE

15.1. The Organizer shall accept responsibility for public order on the territory as well as for the undisturbed operation of the security alarm system outside the working hours of the trade fair according to the terms and conditions established. The Organizer shall not be held responsible for any damages caused by force majeure or any damages caused by visitors or Exhibitors and their representatives and employees. The Organizer shall not be held responsible for any damages to or loss of the Exhibitor's exhibits, constructions, etc.

15.2 Exhibitor accepts responsibility for mounting and installing the exhibition and for the order and safety of its exhibition and stand area as well as for preservation of his/her own property throughout the duration of the fair. Exhibitor accepts responsibility for the exhibition equipment and inventory given to it, from the moment of reception to the returning them to the Organizer, after dismounting its exhibition. Adhesive tapes and advertising materials have to be taken down by the Exhibitor without doing any harm to the stand walls and other places where they were used. Exhibitor accepts responsibility for the actions of its employees or involved third parties and is obliged to compensate for the substantial damages caused by them. Exhibitor accepts responsibility for damaging or losing the exhibits, constructions and insuring its exhibits and other properties during the period of the fair.

15.3. In case the Exhibitor makes alterations during the fair in the initial plans either written in the annexes of the Contract or in oral agreements, which result in extra work for the Organizer, the Exhibitor is obliged to reimburse the additional costs according to the invoice issued by the Organizer. Additional costs are to be agreed between the parties beforehand.

15.4. The Exhibitor shall reimburse all additional costs regarding any damage caused to Tallinn Song Festical Grounds by his/her employees, partners, clients (incl. any damage done to Tallinn Song Festival Grounds’ inventory, for example but not only – activities that include installing advertising and other materials, atributes, logos, stickers etc. as well as intentional or unintentional destruction or damaging of buildings, the asphalt, drilling walls, placing materials or other properties onto fences or trees. Also, any other emergency related cases that damage Tallinn Song Festival Grounds’ property in a significant amount). Locations and methods of property placements are to be agreed beforehand with the Organizer. Operations which can damage the nature, the properties of Tallinn Song Festival Grounds or may include additional unplanned large-scale cleaning or restoration works are prohibited without preliminary written consent. The Exhibitor is to reimburse any damage done by the Exhibitor to properties managed by Tallinn Song Festival Grounds, taking the terms of the Contract into consideration, as follows:

15.4.1. Damages done by the Exhibitor or other third parties (legal or natural person) related to the trade fair, including damages done to the telecommunications operator’s network, communication cables, lightning etc., to third persons or to the properties of the contractual partners of Tallinn Song Festival Grounds are to be reimbursed by the Exhibitor independently and with his/her own resources as soon as possible to that extent which is possible for the Exhibitor at that moment taking his/her possibilities and means into consideration;

15.4.2. In case the Exhibitor delays with the repairing of the damage done more than 7 (seven) days from the moment the damage occurred and/or leaves the damage unrepaired fully and/or it takes more than 7 (seven) days to repair the damage done, the Exhibitor is obliged to pay a contractual fee of 1000 (one thousand) euros for each day delayed until the damage done is fully repaired or eliminated;

15.4.3. Any damages done to the properties managed by Tallinn Song Festival Grounds are to be fixated with a bilateral act in which the extent and causes of specific damages, the procedure for carrying out the repairing works of mentioned damages and other significant facts regarding the damages done are stated (incl. monetary amount of the damage done to Tallinn Song Festival Grounds);

15.4.4. The damage done shall be deemed to have been fully compensated by the Exhibitor to the Organizer after signing the bilateral act in which both parties unequivocally confirm that all damage done has been finally eliminated and there are no additional claims against each other;

15.4.5. In case Tallinn Song Festival Grounds are forced to eliminate the damage themselves, the Exhibitor shall reimburse all costs made by Tallinn Song Festival Grounds in order to eliminate the damage as well as contractual penalties issued by the Organizer;

15.4.6. In case Tallinn Song Festival Grounds are to eliminate the damages themselves, they are to prepare a unilateral act on the volume and cost of the work performed which will also include a list of the damage caused by the Exhibitor. The cost of one man-hour of restoration or cleaning work performed by Tallinn Song Festival Grounds is a minimum of 50 (fifty) euros, plus statutory VAT and the cost of additional necessary materials and equipment;

15.4.7. Compensation for damage specified in clause 15.4.3. in the Contract shall be made no later than within 3 (three) working days after the Organizer has issued an act and an invoice regarding the Exhibitor and clauses 15.4.4. and 15.4.6. of the Contract. The Organizer has the right to demand a late payment interest of 0,1% (zero point one percent) of the unpaid amount for each day of delay in paying the invoice.

15.4.8. In case the restoration or cleaning of the damage has to be ordered urgently due to the situation (for example another event taking place in the area) and/or the daily working mode of Tallinn Song Festival Grounds is significantly disrupted and causes additional expenses for Tallinn Song Festival Grounds, the Organizer has the right to collect all related costs from the Exhibitor. Tallinn Song Festival Grounds will inform the Organizer who in such a case will inform the Exhibitor about the possibility and/or occurrence of such expences as soon as possible to the e-mail address provided by the Exhibitor.

15.4.9. On the territory of Tallinn Song Festival Grounds, it is forbidden to park cars or drive on the lawn, except with a preliminary written agreement or with a special permit issued by the Organizer. The Exhibitor shall do his/her best to avoid damage to the lawn. Particular attention must be paid to maneuvering with heavy equipment. The cost of lawn damage restoration works is 10 (ten) euros per square km, plus VAT. In case the damage is greater (rails, holes etc.), the price of restoration works is 20 (twenty) euros per square km. A report on the restoration works which specify the extent and causes of specific damage, the procedure of elimination of said damage and other significant circumstances related to the damage that have occurred shall be prepared.

15.5. The Exhibitor shall be held responsible for the due registration of his/her Co-exhibitors. The Exhibitor shall pay the Organizer a contractual penalty of 100 euros for the activities of each unregistered Co-exhibitor in the Exhibitor’s exhibition space and shall also pay the participation fee of 40 (forty) euros.

15.6. The Exhibitor shall bear full responsibility for the payment of all expenses (incl. the participation fee of Co-exhibitors and other expenses accompanying the participation of Co-exhibitors) borne by the Organizer in relation to the Exhibitor’s exhibition space and stand.

15.7. It shall be prohibited to dismount the exhibits and/or stand and/or for the Exhibitor to leave the exhibition space before the end of the opening hours on the last day of the trade fair.  The Exhibitor who ignores this prohibition shall pay a contractual penalty in the amount of 10% of the rental charge for the exhibition space as established in the Contract for each full hour of breach, but at least 200 (two hundred) euros. Exemptions shall be allowed upon prior written agreement with the Organizer.

15.8. In the event of any damages occurring to the property of Tallinn Song Festical Grounds, which is in the Exhibitor's disposal (incl. the ground, floors, walls, doors, gates, support and bearing structures, windows, equipment, etc.), the Exhibitor shall immediately notify the Organizer thereof and shall compensate the damages to the full extent.

15.9. The Organizer is obliged to make the rental space indicated in the registration contract, which is considered an integral part of this participation agreement, available to the Exhibitor in accordance with the times specified in the agreement.

15.10. The Organizer has the right to control the use of the rental space during the validity of this participation agreement and to issue precepts to the Exhibitor to terminate the violation of the terms of the Contract. In the event of claims to the Exhibitor by the participants in the fair or by any third party, involving material sanctions, those sanctions shall apply to the party whose act or omission caused the sanction.

15.11. In case the Exhibitor ignores the safety requirements, the Organizer has the right to terminate the Contract with the Exhibitor immediately. Upon the termination of the contract, the Exhibitor must immediately close his/her stand and vacate it as soon as possible. Expenses already occurred and to be occurring regarding ignoring the safety requirements shall not be reimbursed to the Exhibitor by the Organizer, incl. the Exhibitor’s reputation, legal aid etc. Upon unilateral termination of the Contract on the basis specified in this clause, the Organizer has the right to demand a contractual penalty of 5000 (five thousand) euros from the Exhibitor.

15.12. The Exhibitor is obliged to ensure public order at his/her fair area and to adhere to the rules of public order in the fair territory, incl. guaranteeing the safety of the visitors of the fair, his/her employees and Co-Exhibitors during their stay on the Exhibitors fair grounds and the departure of the aforementioned persons from the territory of Tallinn Song Festival Grounds no later than within one (1) hour after the closing of the fair.

15.13. In connection with ensuring safety, the Exhibitor is additionally obliged to make sure that the temporary solutions installed on the fair territory are installed safely, incl. taking the possibility of the occurring of strong winds or storms into consideration when installing items on the territory, whereas all accidents arising from the aforementioned shall be fully compensated by the Exhibitor in full amount. In case insufficient installation results in damage to health or property to third parties, the Exhibitor shall reimburse all direct and indirect costs. In case a claim for damages arising from an accident is filed against the Organizer, the Exhibitor shall reimburse the Organizer for all direct and indirect costs (incl. treatment and legal aid costs).

15.14. After the end of the fair, the Exhibitor is obliged to pay the Organizer 44 euros plus VAT for each cubic meter of trash left on the territory of Tallinn Song Festival Grounds, incl. indoors.

16. MISCELLANEOUS

16.1. Contracts and orders for renting the floor space and providing services shall be processed in the order of receipt. The final position of the exhibition spaces and stands in the exhibition hall shall be determined unanimously by the Organizer and the requests of the Exhibitor shall be taken into account if and as possible. The Organizer shall send the plan of the exhibition hall to each Exhibitor before the beginning of the trade fair and shall indicate the location of the exhibition space booked for the Exhibitor on it. If needed, the Organizer reserves the right to change the location of the floor space and either reduce or increase the floor space by up to 10% without the consent of the Exhibitor with no changes in the rental charge for the exhibition space payable or paid by the Exhibitor. Failure to take the wishes of the Exhibitor into account shall not be grounds for withdrawal from the contract or cancellation of the contract.

16.2. The Exhibitor shall not have the right to transfer his/her obligations arising from the Contract to any third persons and shall not have the right to partially or fully sub-lease the exhibition space.

16.3. This Agreement is compiled in Estonian and English in parallel. In case of disputes or linguistic inaccuracy the Estonian text shall prevail.

16.4. The Organizer has the right to take photos of the Exhibitor’s stand, incl. furniture, room and decor solutions.

17. FORCE MAJEURE

17.1. Failure or delay in performance of the obligations of the parties are not to be considered as a violation of the Contract if caused by forec majeure – primarily but not limited to weather conditions and natural disasters, fire, explosion, war, acts of the Estonian Parliament or the Government of the Republic of Estonia regarding restrictions and rules imposed in connection with COVID-19 or any other infectious disease, embargo, strike, riots or violent coup.

17.2. In case a party is unable to perform the obligations imposed on him/her by the Contract due to force majeure circumstances, he/she is obliged to notify the other party within 5 (five) days after the occurrence of force majeure circumstances. Failure to notify or late notification of the occurrence of such circumstances deprives the party the right to rely on these circumstances, i.e the party is liable for the consequences arising from the situation.

17.3. In the event of force majeure circumstances, the performance of the obligations arising from the Contract shall be delayed during such circumstances, but both parties are obliged to take all necessary measures to eliminate the consequences caused by these circumstances into use.

17.4. The Organizer shall have the right to suspend or postpone the preparatory work or organizing the fair or shorten the opening hours of the fair when the need for suspension is caused by force majeure. If the organisation of the fair is fully caused by circumstances of force majeure, the Organizer shall have the right to unilaterally postpone organising the fair or withdraw from the Contract and return to the Exhibitor the rental charge for the exhibition space, from which a registration fee of 125 euros has been withheld as well as the cost of the works performed / services provided according to the fees specified in the price list and agreed upon, including VAT.

17.5. In case the organizing of the fair is only partially hindered due to circumstances of force majeure, the actions or decisions made by the Estonian Government, authorities or law enforcement agencies, for example the the opening times are shortened and the fair is taking place on only one day and/or the number of visitors or opening times are limited, the fees specified in the Contract, incl. rental charge for the exhibition space, the cost of building the stall or any other services provided to the Exhibitors or Co-Exhibitors are not to be changed and therefore shall not be returned.

18. CLAIMS AND APPLICABLE LAW

18.1. The Exhibitor shall have the right to submit claims that have occurred before or after the fair in writing or in a format which can be reproduced in writing to the contact details of the Organizer in 3 (three) days at the latest after becoming aware of the fact. Any claims submitted later shall be deemed to be out-dated and shall have no legal consequences.

18.2. The Contract and performance of the Contract shall be subject to the legislation of the Republic of Estonia. Any disputes shall be attempted to be settled by way of negotiations; in case of failure to reach agreement, the disputes shall be settled at Harju County Court according to the laws of the Republic of Estonia.