SCF 2019 CEE rules and regulations

§1. General provisions

  1. The Rules define the terms of participation in the Shopping Centre Forum 2019 CEE, which shall be held on 25-26 September 2019 in the Warsaw XXI EXPO Centre, located at ul. Prądzyńskiego 12/14, hereinafter referred to as the “Forum”.

  2. The Forum is organised by EVIGO.COM spółka z ograniczoną odpowiedzialnością sp.k., with its registered office in Warsaw, ul. Zielna 37, 00-108 Warsaw, Poland, Tax Identification Number (NIP): 525-26-33-492, National Business Register Number (REGON): 362816706, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the National Court Register (KRS) number: 0000582291, bank account number for payments related to the participation in the Forum: ING Bank Śląski SA (SWIFT: INGBPLPW) PL 03 105010251000009030753967, hereinafter referred to as the “Organiser”.

  3. The terms used in the Rules shall be deemed to mean the following:

  • Participant – an entity that registered its representatives in the Forum using an online form available at the website of the Forum.

  • Partner – an entity that booked exhibition area to put up a stall or ordered advertising services under the Forum Partner package in compliance with the Rules.

  1. The provisions hereof constitute an integral part of contracts executed by and between the Organiser, Participants and Partners, respectively, outlining the terms of participation in the Forum, hereinafter referred to as the “Participation Contracts”.

  2. The Forum is closed and may not be considered a mass event pursuant to the Act of 23 March 2009 on Safety of Mass Events (Journal of Laws [DzU] of 2003, No. 62, item 504, as amended).

§2. Registration of Participants

  1. The Participant shall fill out the online form in a correct manner and in compliance with the actual status (hereinafter referred to as the “Form”), available at: https://regcee.shoppingcenterforum.com/
  2. The Organiser shall not be liable for any damages resulting from erroneous data of the Participant or their representatives in the Forum entered in the Form.
  3. The Form should be filled out by a person authorised to represent the Participant.
  4. The Participant represents that they agree to the publication of the data of the Participant’s representatives by the Organiser (name, surname, position in the organisational structure of the Participant, business of the Participant) on the list of the Forum Participants.
  5. The entities that are authorised to participate in the Forum on preferential terms include owners of retail and service networks, owners of food chains, and other lessees of  shopping mall space, who lease at least 5 locations in shopping malls. If the company deals with both development and advisory activities, manages shopping centers or is their investor, as well as has retail and service networks, it is not treated by the Organizer as entitled to preferential participation in the Forum.

§3. Terms of payment for the Participants

  1. The Participant shall transfer 100% (one hundred per cent) of gross payments for participation in the Forum to the bank account of the Organiser mentioned in § 1 sec. 2 hereof, within three days from the date of registration. If the Participant registers later than 10 (ten) days before the Forum, the deadline for payment mentioned in the preceding sentence shall be 1 (one) day from the date of registration. 
  2. If the Participant does not exercise their right to participate in the Forum, which right was vested in the Participant at the time of registration, the Organiser shall not be obliged to reimburse the Participant for any amounts paid by the Participant under the Participation Contract. To avoid any doubts, it is explicitly stated that in the case specified in the previous statement, the Participant shall pay the Organiser the whole amount under the Participation Contract.
  3. The payment due to participation in Forum shall be made in advance via wire transfer or online by credit card or e-transfer through PayU.
  4. If the Participant fails to make the payment due within the time limit as provided for in the Rules or makes the payment in the amount lower than required, the Organiser may withdraw from the Participation Contract signed with such Participant who is in default with their payment, without setting a new deadline.
  5. Once the Participant makes the payment for participation in the Forum, the Organiser may issue an invoice thereto in compliance with legislation in force.

§4. Identifiers authorizing to enter the Forum Change of data of the Participant

  1. Name identifiers for the registered representatives of the Participant issued by the Organiser authorize such representatives to enter the Forum and include the following details:
    a. name, surname and job title of the representative of the Participant,
    b. business of the Participant.
  2. The name identifier may be collected at the reception of the Forum, in person only, upon presentation of a proof of identity including a photograph.
  3. The Participant may change the data of their representatives in the Forum, who were previously mentioned in the Form, according to the principles specified in the following sentence.  The data of the representatives of the Participant, i.e. the name, surname and position of a given representative in the organisational structure of the Participant may be changed within maximum 7 (seven) days prior to the date of the Forum. To change the data, it is required to send appropriate information to the following email address: support@evigo.com.
  4. The persons participating in the Forum shall wear name badges, which must be visible on-site at all times, and present them for control upon each request of the representatives of the Organiser or Forum security employees.
  5. In each case, to enter the area of the Forum, the Participant shall present a proof of identity including a photograph, which confirms authenticity of their personal data included in the name identifier. The persons who fail to abide by the above-mentioned rules shall have to leave the Forum and their identifiers shall be revoked. The Participant shall not be entitled to seek any claims, directly or indirectly, due to the fact that their representative lost the right to further participation in the Forum as a result of having the identifier cancelled by the Organiser.
  6. The aforesaid name identifiers may not be given during the Forum to any third parties (other than those to whom such identifiers have been issued). If such case is ascertained, the identifier shall be revoked and the Participant shall not be entitled to seek any claims, directly or indirectly, due to the fact that their representative lost the right to further participate in the Forum as a result of having the identifier cancelled by the Organiser.

§5. Registration of Partners

  1. The Partner is an entity that ordered the Forum Partner advertising package in compliance with the terms and conditions outlined by the Organiser (including the time limit set by the Organiser). The order specifies the parameters of the stall (its size and initial location) or the scope of advertising services offered by the Organiser as well as the number of representatives of the Partner in the Forum. 
  2. The order mentioned in sec. 1 above should be signed by a person authorised to represent the Partner. A scanned copy of the order should be sent within the time limit set by the Organiser for placing the order to the following email address: e-mail support@evigo.com.
  3. The submission of the signed order shall be deemed to mean the assignment of all services and payments related thereto to one entity listed as the ordering party. It means that all services and payments shall be invoiced solely to the ordering party. Any amendments made after the submission of the signed order shall be possible only on the basis of the assignment contract. The preparation of such contract entails additional costs of PLN 500 net, which shall be borne by the ordering party.
  4. The Partner shall settle all payments to the Organiser in accordance with their amount and payment schedule as stipulated in the order. If the Partner fails to make the payment due within the time limit as provided for in the payment schedule defined in the order or makes the payment in the amount lower than required, the Organiser may withdraw from the Participation Contract signed with such Partner who is in default with their payment, without setting a new deadline.
  5. The Partner acknowledges and accepts the fact that the Organiser may unilaterally change the location of the Partner’s stall and hence the size of the surface of the stall, subject to the fact that such surface may not be reduced and its change may not increase the costs due from the Partner to the Organiser resulting from the participation of the Partner in the Forum unless the Partner gives their consent. In case of changed location of the stall of the Partner, the Organiser shall inform the Partner, within maximum 7 (seven) days prior to the beginning of the Forum, about the final location of the stall of the Partner and potential costs that need to be paid to the Organiser with relation to such changes.
  6. The Partner shall participate in the Forum in their own name. Without prior written consent of the Organiser, the Partner shall not be entitled (under pain of nullity) to sublease or lend for gratuitous use by other entities the entire or part of the exhibition area leased by the Partner from the Organiser. In case of breach of the above-mentioned provision, the Organiser shall be entitled to charge the Partner with a contractual penalty of 50% (fifty per cent) of the gross value constituting the sum total of the receivables due to the Organiser under the contract, which stipulates the rules of participation of the Partner in the Forum, per each case of such breach.
  7. The deadline for sending a complete list of participants in the Forum as part of the Forum Partner package is 27 August 2019.  The list must include the following information: name and surname, position, email address, telephone number, business.
  8. The deadline for sending the final version of the presentation provided as part of the Contents Partner package expires on 3 September 2019. The information about the speakers who shall make the presentations must be sent by 27 August 2019 at the latest.
  9. The representatives of the Partner shall be entitled to receive identifiers authorising to enter the Forum in the number as specified in the order. The Partner represents that they agree to the publication of the data of the Partner’s representatives by the Organiser (name, surname, position in the organisational structure of the Partner’s contracting party, business of the Partner) on the list of the Forum Partners, in particular in the meeting arrangement system.
  10. The provisions of § 4 of the Rules shall apply to the identifiers mentioned in sec. 8 above.
  11. The method of presentation of the company and commercial offer of the Partner may not violate any applicable provisions of law or disturb the presentations of other Partners, in particular it means that the stall structure should be safe for people and property and should be in compliance with effective norms and provisions. The stall structure that is higher than 2.2 m (two and two-tenths metres) must be covered with neutral material intended for neighbouring stalls and passages subject to prior consent of the Organiser.
  12. If the Partner does not exercise their right to participate in the Forum, which right was vested in the Partner as a result of fulfilment of the requirement stipulated in sec.1, the Organiser shall not be obliged to reimburse the Partner for any amounts paid by the Partner under the Participation Contract. To avoid any doubts, it is explicitly stated that in the case specified in the previous statement, the Partner shall pay the Organiser the whole amount under the Participation Contract.

§6. Resignation from participation in the Forum

  1. The Participant who paid the Organiser the whole amount under the Participation Contract shall be entitled to resign from participation in the Forum by submitting with the Organiser a written statement on resignation from participation in the Forum. The statement shall be signed by a person authorised to represent the Participant and submitted with the Organiser by 22 September 2019. If the Participant files their resignation within maximum 60 (sixty) days before the date of the Forum, the Participant shall be reimbursed for the amount already paid, decreased by a compensation fee of PLN 200 (two hundred Polish zlotys) increased by VAT.  If the Participant files their resignation in the period preceding the Forum, shorter than 60 (sixty) days, the Participant shall not be reimbursed for the amount already paid, which in such case constitutes the compensation fee.
  2. The Partner who paid the Organiser the whole amount under the Participation Contract shall be entitled to resign from participation in the Forum by submitting with the Organiser a written statement on resignation from participation in the Forum. The statement shall be signed by a person authorised to represent the Partner and submitted with the Organiser by 22 September 2019.
  3. If the Partner files their resignation within maximum 14 (fourteen) days from the date of signing the order, yet not later than 60 days before the Forum, the Partner shall be reimbursed for the amount already paid, decreased by the compensation fee of PLN 4000 (four thousand Polish zlotys) increased by VAT. If the Partner files their resignation in the period longer than 14 (fourteen) days from the date of signing the order or later than 60 (sixty) days before the Forum, the Partner shall not be reimbursed for the amount already paid, which in such case constitutes the compensation fee.

§7. Assembly and disassembly of stalls of partners

    1. The area of the Forum shall be open to the Forum Participants on 25 September 2019, from 8:00 AM to 6:00 PM, and on 26 September 2019, from 8:00 AM to 6:00 PM.
    2. The assembly of the stall structure and equipment may take place on 23 September 2019, from 08:00 AM to 11:00 PM and on 24 September 2019 from 08:00 AM to 11:00 PM. The prerequisite for starting the construction of an individual stall is to have appropriate certificates for materials used in the trade fair development. The detailed approvals are necessary for sheet flooring, particleboards or MDF, textiles (curtains, drapes) and frames.  The document confirming the fire resistant quality (certificate) should include the following information:
      • definition of the material
      • definition of the material fire qualities, including specification of the document
      • outlining such features
      • validity date of the document
  1. The stall may be constructed using fire restricting or non-combustible materials only. The stall structure must be protected with proofing materials ensuring fire resistance of the whole structure and its elements.
  2. All materials used to construct the stall require appropriate certificates (in Polish). Prior and during the stall assembly, the Organiser and Fire Protection Specialist must have access to the aforementioned certificates.
  3. The disassembly of the stall structure and equipment may start on 26 September 2019, from 6:00 PM to 11:00 PM.
  4. The disassembly of the stall before the official closing of the Forum, i.e. before 6:00 PM on 26 September 2019, is prohibited.
  5. In case of earlier commencement of the works or exceeding the time period provided for the assembly or disassembly of the stall, the Exhibitor shall be charged with a contractual penalty of PLN 4000 + 23% VAT per each hour of extension.
  6. During the assembly or disassembly of the stall, only the persons wearing the Exhibitor’s or maintenance name badges may stay within the area of the Forum.
  7. Once the disassembly is completed, the lessee shall remove all elements of the stall or exhibition and decorations outside the area of the Warsaw XXI EXPO Centre. Additional charges for removal and waste treatment may apply in case of any left parts of the stall or exhibition and decorations.

§8. Complaints

  1. The Forum Participant shall be entitled to submit written complaints against the services rendered by the Organiser.
  2. The complaints should be delivered in writing, within 7 days from the date of the closing the Forum, via registered letter, under pain of nullity.
  3. Upon expiry of the above-mentioned deadline, the complaints shall not be handled and the Participant shall not be entitled to seek any claims from the Organiser due to non-performance or improper performance of the obligations of the Organiser.
  4. Every complaint shall be handled within 7 days from the date of its delivery.

§9. Insurance and liability

  1. The Organiser shall not insure or be liable for any property or items of the Participants and Partners, which are damaged, lost or stolen, or for damages caused by such Participants or Partners or force majeure. The above shall not apply to liability for intentional damages caused by the Organiser.
  2. The Participants and Partners shall be materially liable for any damages caused thereby or their representatives within the area of the Forum. 
  3. The Partners should take out civil liability insurance for their participation in the Forum as well as insure their stalls and equipment.
  4. The Participants and Partners shall abide by the security rules, OHS and fire protection regulations in force within the area of the facility, where the Forum is held.

§10. Final provisions

  1. The Organiser reserves their right to cancel the Forum or change its date, location and programme as well as the final location and surface of the stalls of the Partners.
  2. The Organiser shall publish online the current information about the programme of the Forum and location of the stalls of the Partners.
  3. The statement on the cancellation of the Forum may be filed by the Organiser till 13 September 2019. The statement shall have the effect of the Organiser’s withdrawal from the contracts executed by and between the Participants and Partners (Article 395 of the Civil Code). In such case, the Participants and Partners shall be reimbursed for the total amount paid in connection with their participation in the Forum.
  4. The Participants and Partners shall not be entitled to seek any compensation from the Organiser due to the cancellation of the Forum, change of its date, location or particular points in the programme.
  5. All contractual penalties as provided for herein shall be paid on the basis of the bookkeeping notes issued by the Organiser, within 7 days from the date of their delivery, to the bank account indicated in such notes. The fact of charging contractual penalties shall not exclude the right of the Organiser to seek compensation exceeding the amount of such contractual penalties.
  6. The Organiser may withdraw from every contract executed on the basis of the Rules, by 13 September 2019 (pursuant to Article 395 § 1 of the Civil Code). In case of withdrawal from the contract, the Organiser shall reimburse the Participant or Partner for the amount paid due to their participation in the Forum, within 7 days from the date of such withdrawal from a given contract. The obligation of the Organiser hereunder covers all services, which the Organiser shall provide in connection with the withdrawal from the contract.
  7. The contracts outlining the conditions of participation in the Forum shall be governed by Polish law. The court of jurisdiction for all legal disputes arising out of the Rules and connected with the participation in the Forum shall be the court having jurisdiction over the Organiser’s seat. All disputes shall be settled in compliance with the provisions of Polish law and Polish civil procedure.
  8. The Forum Participants and Partners agree to have their personal data processed in compliance with the Act of 29 August 1997 on the Protection of Personal Data (Journal Journal of Laws [DzU] of 2002, No. 101, item 926, as amended) for the purpose of organisation and promotion of the Forum.
  9. The Rules shall become effective as of 21 August 2018.