14/11/2023
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18 to 22 April 2024
porto marina Elalamein International Boat Show
Payments
Space is allocated to Exhibitors on the terms of the Agreement. The Organiser shall not be bound by any contrary, different or additional terms or conditions contained or referred to in any order form from Exhibitors or in correspondence or other documents no matter where they come from; nor shall the Organiser agree to any addition, alteration or substitution unless expressly accepted by an authorised person in writing
Exhibitors who are a regional distributor or agent and are entering into the Agreement on behalf of a principal or parent company must provide the Organiser with a letter from the principal or parent company confirming their agreement to pay all monies due Where the principal or parent company does not make payment when due then Exhibitors shall remain liable to pay the Rent and all other monies due to the Organiser.
The Rent and other sums Exhibitors are required to pay to the Organiser are quoted exclusive of VAT; such VAT must be paid in addition to those sums at the prevailing rate
The Exhibitor accepts the obligation to pay the Rent as it becomes due. The Rent covers the Exhibitor’s payment for both Space and, where applicable, any Stand, service or incentive to be supplied by the Organiser as agreed between the part
Rent must be paid in accordance with the Payment Dates.
Where an Exhibitor is allocated Space less than three calendar months prior to the Show Opening, the full Rent is due immediat
Where Space requirements are adjusted:
Reduced Space on the Marina: If an Exhibitor notifies the Organiser of a reduced requirement for Space in a Marina Berth after the 1st June preceding the Show then the Exhibitor shall remain liable to pay Rent for the size of the Marina Berth originally allocated. The Organiser shall have the right to relocate the boat as the fingers of the Marina are positioned in accordance with the sizes of the craft allocated to the Sp
Reduced Space on land: If an Exhibitor notifies the Organiser of a reduced requirement for Space that is not a Marina Berth after the 1st June preceding the Show, then the Exhibitor shall remain liable to pay Rent for the size of the Space originally allocated
Increased Space: Where an Exhibitor increases the size of the Space, whether it is a Marina Berth or other Space, then a supplementary invoice for the increased Space shall be issued; payment shall become due in line with Payment Dates and clause 2.6.
Exhibitors are reminded that the total overall length, (including outboard engine bathing platform, davits, bowsprits etc) and the maximum beam at its widest point, must be declared on the Contract to Exhibit for the calculation of the Space allocated and, therefore, the cost of the Space If a boat is found to be larger than stated, the Organiser reserves the right to submit a supplementary invoice for the cost of the required additional Space.
The Organiser must receive the Rent by the Payment Dates in cleared funds. If the cheque or other payment submitted by an Exhibitor is refused by the Exhibitor’s bank for payment or does not clear, the Organiser may at their discretion re-present it and then make an administrative charge of £100 plus VAT per refusal
Discounts
Exhibitors who are Members and who are up-to-date with subscription payments, and are not in breach of their membership of AYB at the date at which the Agreement is entered into, shall be entitled to the Member Discount in accordance with the Discount Policy in place at that ti
Where an Exhibitor who has benefited from a Member Discount ceases to be a Member; or fails to keep up-to-date with the subscription payments; or breaches their membership within the same financial year as the Show for which they benefited from a Member Discount the Organiser shall be entitled to recover the amount of the Member Discount from the Exhibitor.
Non-Member Exhibitors shall not be entitled to a Member Discount.
Late Payment & Termination by the Organiser
If an Exhibitor does not pay the Rent when due, without prejudice to any other right or remedy which the Organiser may have, the Organiser may (at its sole discretion) do any of the following in any combination:
withdraw any of the discounts to which the Exhibitor would otherwise be entitled to for that Show or any other show or exhibition staged by the Organiser,
withdraw any free allocation of Exhibitor passes and tickets for the Show; or
terminate the Agreement on written notice (“Termination Notice”) at any time before the Show
In circumstances where the Organiser cancels or terminates the Agreement pursuant to clause 4.1.3, it shall be entitled to charge the Exhibitor a fee (“Termination Fee”) as follows:
where the Termination Notice has been served by the Organiser on or after 1st January in the calendar year of the Show then the Termination Fee payable by the Exhibitor shall be 100% of the Rent which would have been payable by the Exhibitor for the Space (plus VAT thereon);
where the Termination Notice has been served by the Organiser after 31st July in the calendar year preceding the Show but before 1st January in the calendar year of the Show then the Termination Fee payable by the Exhibitor shall be 15% of the Rent which would have been payable by the Exhibitor for the Space (plus VAT thereon); and
where the Termination Notice has been served by the Organiser prior to 31st July in the calendar year preceding the Show then there shall be no Termination Fee payable by the Exhibitor.
The Exhibitor agrees that any Termination Fee charged by the Organiser for non-payment of Rent pursuant to clause 2 is reasonable owing to the additional costs and losses which the Organiser will incur including, but not limited to, the costs of re-advertising, selling and allocating the Space, processing refunds and payments and altering floor plans in relation to the Space and any other Space allocation affected by the termination or cancellation.
Notwithstanding the Organiser’s right to terminate in accordance with 1.3, the Organiser shall be entitled to terminate the Agreement without prejudice to any other rights or remedies that the Organiser might have, and irrespective of whether the Show has opened, where any Exhibitor:
is in material breach of any term of the Agreement and the breach is not capable of remedy or the Exhibitor fails to remedy the breach within the period the Organiser requires on the written notice of the breach; or
is in repeated breach of any term of the Agreement. A repeated breach means two or more minor breaches of the same term of the Agreement; or
any one of the Exhibitor’s principals or officers is, or are, or have been convicted of any criminal offence, found by the decision of a competent court/tribunal to have been dishonest, or becomes liable under a decision of any competent court/tribunal following a claim involving dishonesty or is or are disqualified from acting as a director; or
any of the Exhibitor’s principals or officers do anything which in the Organiser’s reasonable opinion, directly or indirectly adversely affects its interests or the wider interests of the public or Visitors; or
as an individual, becomes insolvent or commits any act of bankruptcy or suffers the filing of a petition in bankruptcy or makes any arrangement or composition with creditors, or takes or suffers any similar action in consequence of a debt; or
as an individual, suffers from a mental disorder and is either committed or detained under statutory authority or have a receiver or other person appointed to exercise powers over Exhibitor’s property or affairs; or
as a corporation, enters into liquidation, either voluntary or compulsory save for the purpose of reconstruction or amalgamation, or enters into administrative receivership or an administration order is made against Exhibitors, or Exhibitors enter into a voluntary arrangement or make any arrangement or composition with creditors, or take or suffer any similar action in consequence of a debt.
If the Organiser exercises its right to terminate the Agreement during the Show the Exhibitor must immediately cease to use or occupy the Space (including occupation for construction work) and must comply with such instructions as the Organiser may give in relation to the Space, Stand, Exhibits or other property at the Show
If the Organiser terminates the Agreement under this Clause 4, the Organiser may re- allocate the Space and the Exhibitor shall be liable to pay the Organiser the full Rent for the Space and any other sums owed, plus damages, costs and interest that shall run at the overnight lending rate of the Central Bank of Egypt, before as well as after judgement. Any sums already paid to the Organiser shall be forfeit and not returned.
Cancellation or postponement of the Show due to a Pandemic/Epidemic Event
In the event that the Organiser is required to cancel, close or postpone all or part of the Show because of a Pandemic/Epidemic Event, then the Organiser may terminate the Agreement by serving a written notice on the Exhibitor (“Pandemic/Epidemic Cancellation Notice”) at any time before the Show.
In the event that a Pandemic/Epidemic Cancellation Notice is served:
on or before 1st January 2024, the Organiser will:
pay to the Exhibitor 100% of the Rent which has already been paid by the Exhibitor; or
provide the Exhibitor with a Credit.
on or after 2nd January 2024 and before Show Opening, the Organiser will provide the Exhibitor with a Credit.
Any Credit issued by the Organiser pursuant to clauses 2.1.2 or 5.2.2 may be redeemed by the Exhibitor against any Rent payable for the next Show organised by the Organiser.
Any Credit issued by the Organiser pursuant to clauses 2.1.2 or 5.2.2 is non-transferable and may not be exchanged for a cash refund.
The Organiser shall have no further liability to the Exhibitor in respect of a Pandemic/Epidemic Event other than as set out in this
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