Terms & Conditions
Malvern Flea & Collectors Fairs, Malvern Antiques & Collectors Fairs and Retro to Antiques Arcade at the RHS Malvern Spring Festival
- Definitions
1.1 In this contract the following definitions shall have the following meanings:
‘the Contract’ The agreement between the Organiser and the Exhibitor comprised by these Terms & Conditions (with any modification as may be agreed in writing) and the Booking Form (if used). Telephone bookings are accepted subject to these Terms & Conditions.
‘the Authority’ The relevant District, County or Borough Council; the relevant Fire Brigade, the relevant Police Department; the Home Office; HM Customs & Excise and any other relevant Government Department or body or any other competent authority having jurisdiction in respect of the locality in which the Fair Venue is located, or any activity connected with the Fair. ‘the Organiser’ B2B Fairs Limited together with all its personnel and agents.
‘the Owner’ All persons having any proprietary right or interest in or over the Fair Venue (or any part thereof) from whom the Organiser must obtain the right and necessary consent or approval to use the Venue for the Fair.
‘the Charges’ The total fees payable for the Pitch or Pitches, plus any other hired equipment.
‘the Fair’ The Fair described on the Booking Form, or for which event the parties have agreed to contract.
‘the Fair Venue’ All the buildings, land and premises and facilities located at the Fair.
‘the Person’ Includes any individual, company, sole trader, partnership, or other legal entity.
‘the Exhibitor’ The person named on the Booking Form, or the person allocated a pitch.
‘the Pitch’ Shall, unless otherwise specified, include any stand or space-only site or other area made available and allocated to the Exhibitor.
1.2 Clause headings in the Terms & Conditions are for ease of reference only and shall not be taken into account in construing these agreements.
- Compliance with requirement of the authorities and the law
2.1 In addition to these Terms & Conditions, the Exhibitor must comply with the requirements of the insurance policies of the Owner and Organiser and all other provisions in force from time to time applicable to the Fair, the Exhibitor and/or any of the sale goods, displays or services the Exhibitor wishes to include in the Fair and where applicable with any regulations issued by the Owner in force at the time of the fair.
2.2 Exemption from any of the Terms & Conditions may be granted at the Owner’s discretion. No exemption given by the Organiser will be effective unless it is in writing.
- Nature of the Contract
3.1 No pitch will be reserved or treated as allocated and no Contract shall exist until the Exhibitor has paid the charges in full.
3.2 The Contract constitutes a licence and not a tenancy. The Organiser reserves the right at any time to make such alterations to the plan of the Fair as may, in its opinion, be necessary in the best interests of the Fair as a whole.
- Organiser’s liability on cancellation of the Fair, force majeure etc.
4.1 The Contract shall continue in full force and effect and the Organiser shall be under no obligation to repay the Charges paid or payable by the Exhibitor and shall be under no liability to the Exhibitor whatsoever as the result of the happening of any of the following events (EXHIBITORS ARE STRONGLY URGED TO SEEK APPROPRIATE INSURANCE COVER IN RESPECT OF THE CONSEQUENCES OF THESE RISKS):
(a) the Fair being abandoned, cancelled, postponed, suspended (in whole or in part) or otherwise adversely affected by reason of any act of God, war, fire, flood, emergency, drought, labour dispute, trade dispute, terrorist act, threat of terrorism, strike, lock-out, civil disturbance, accident, the non-availability of the Fair Venue or any other cause not within the Organiser’s control. (b) any changes in requirements of any Authority or the Owner in respect of the fair.
4.2 The Organiser shall be entitled to exercise all or any of the rights, powers or discretion conferred on it by these Terms & Conditions without assigning any reason and (unless other-wise provided) in such a manner as, in the Organiser’s view, is in the best interests of the Fair. In no circumstances shall the execution by the Organiser of any of these rights, powers or discretions give rise to any claim against it.
4.3 The Organiser reserves the right to change the dates and/or location of a Fair.
- Exhibitors’ liability on cancellation
5.1 All requests for cancellation must be submitted to the Organiser in writing, by email or text and dependant on when the cancellation is received by the Organiser the following will apply: (a) Pitch cancelled before the due date for payment as shown on the booking form – No charge.
(b) Pitch cancelled after the payment due date but before 2 weeks prior to the fair – Will incur an administration charge of 25% of the booked Pitch price. (c) Pitch cancelled within 2 weeks of the fair date – No refund or credit given.
- Admission to the Fair and vehicle pass arrangements
6.1 The Organiser reserves the right to refuse to admit or to expel from the Fair Venue any person at any time notwithstanding that person’s possession of a valid vehicle pass and will not be obliged to refund any Charges paid.
6.2 Each Pitch entitles entry for 2 Exhibitors and 1 vehicle.
6.3 Acknowledgement of payment will not be sent unless specifically requested. All vehicle passes will be sent to Exhibitors 10-12 days prior to the Fair, but only if the charges have been paid in full. Each vehicle pass will admit 2 people travelling in that vehicle. If travelling separately Exhibitors must contact the Organiser in advance. For late bookings and where some or all of the Charges remain unpaid vehicle passes will be retained and can be claimed at the gate upon payment of any balance due in cash. If documents do not arrive or are incorrect when received, the Exhibitor should contact the Organiser without delay.
6.4 Exhibitors who do not receive their vehicle pass must contact the Organiser no later than the Thursday prior to the Fair.
- Speed limits and traffic controls
Exhibitors entering the Venue must abide by any speed restrictions and traffic controls that are in place.
- Gangways and aisles
8.1 It is the responsibility of the Exhibitor to ensure that gangway adjacent to their Pitch are kept free from obstruction and trip hazards during the whole of the time the Fair Venue is open for the purpose of the Fair and, so far as practicable, during the setting up and dismantling of the Fair. B2B Fairs is not liable for damage to any stock.
8.2 The Organiser reserves the right to remove obstructions to the gangways and aisles and no compensation will be payable for damage, loss or inconvenience caused by the reasonable exercise of this power. In cases of serious or persistent breach, the Organiser may also exclude the Exhibitor or terminate the Exhibitor’s Contract.
8.3 Exhibitors are responsible for the safety of anyone who is on their Pitch.
8.3 Dedicated Fire Exit’s must be kept clear at all times.
- Delivery and removal of sale goods, displays & fittings
9.1 Prior to the opening date, the Organiser will notify Exhibitors of the times prior to opening and following the closure of the Fair when goods for sale or display may be received at the Fair Venue and removed from it. Only those entrances and exits specified by the Organiser may be utilised. Exhibitors must accept as final the ruling of the Organiser with regard to the short and long term parking of delivery and other vehicles. The packing and/or removal from allocated pitches of goods for sale or display by Exhibitors, prior to the notified Fair closing time will not be permitted without the consent of the Organiser.
9.2 In the event that the Organiser or the Authorities shall require a vehicle to be moved by the Authorities then the Exhibitors are deemed to consent to the same and the Organiser shall accept no responsibility for any damage, fines or charges thereby caused or incurred.
- Stock
It is a material term on these Conditions that
10.1 full and accurate details of the type of stock to be sold are given on the booking form(s).
10.2 for any of the Antiques & Collectors fairs new or reproduction goods will only be allowed if it forms less than 10% of your stock on show, the Organiser reserves the right to vet any Stand and ask Exhibitors to remove any offending items.
10.3 Exhibitors are asked to comply with all relevant trade and consumer legislation, including without limitation the Trade Descriptions Act 1968 and the Consumer Protection Act 1987. Any disputes with buyers must be settled direct by the Exhibitor. The Organiser accepts no liability whatsoever in this regard.
10.4 B2B Fairs reserves the right to request an Exhibitor to remove any items from their Pitch which is not acceptable or cause offence.
10.5 Exhibitors are not permitted to attach any item of stock to the walls of a venue by means of nails, screws or other fixings that may damage the wall. If they do so then any costs incurred by the Organisers to reinstate the damage will be recovered from the Exhibitor.
- Conduct of Exhibitors
11.1 The Exhibitor must conduct themself in such a manner as shall not in the view of the Organiser cause disturbance to any other Exhibitor, any visitor or the Organiser and shall not create any disturbance, loud noise or obstruction or behave in such a way which in the view of the Organiser is unnecessary or unacceptable.
11.2 Any person who does not comply with these requirements shall be liable at the discretion of the Organiser to be removed from the Fair Venue and refuse re-admission during the period of the Fair.
11.3 In the event that the Exhibitor is in breach of any of the terms of these Conditions the Organiser may, at the sole discretion and without prejudice to its rights under these Conditions terminate any agreement between the Organiser and the Exhibitor governed by these Conditions, and/or all sums payable by the Exhibitor to the Organiser under these conditions shall immediately become payable to the Organiser and shall be recoverable from the Exhibitor as a debt.
11.4 The Organiser reserves the right to cancel all bookings for future events should the exhibitors conduct be unacceptable in the view of the Organiser.
- Entitlement to occupy the Pitch
In no circumstances will any Exhibitor be permitted to occupy a Pitch if the Charges have not been paid in full. Should any Exhibitor be prevented from occupying its Pitch for this reason the whole of the Charges due under the Contract shall be recoverable forthwith by the Organiser. The Organiser shall be entitled to utilise the Pitch allocated to such an exhibitor in such a manner as the Organiser sees fit.
- Use of Pitch, no sub-letting etc.
The Organiser reserves the right to refuse to admit or to expel from the Fair Venue any Exhibitor who utilises a Pitch for a purpose which, in the opinion of the Organiser, is inconsistent with the integrity of the Fair as an Antique, Vintage and Collectors Fair or a Flea Fair.
- Right of entry
The Organiser and the Owner and those authorised by them respectively have the right to enter the Fair Venue and Pitch at any time to carry out inspections, execute works, repairs and alterations and for all other purposes. No compensation will be payable for damage, loss or inconvenience caused by the reasonable exercise of this power.
- Dangerous materials and appliances
No naked lights, oil lamps or temporary gas may be used at the Fair Venue in the selling area and only British Standard approved appliances may be used. Wye Hall drive-in pitches are not permitted to enter the building with gas bottles, this is specifically but not exclusively for motorhomes or vehicles fitted with cooking facilities. All outside Pitches are prohibited from using any BBQ’s or camping stoves. The Organiser reserves the right to confiscate any appliance it considers to be a danger or potential danger and any appliances so confiscated will only be returned to the Exhibitor upon departure from the Fair Venue.
- Rubbish
In the general interests of the Fair, Exhibitors must ensure that their pitches are at all times kept clean and free from rubbish to the satisfaction of the Organiser. Should stock or rubbish be left behind by any Exhibitor the Organiser reserves the right to pass on any costs incurred for removal of that stock or rubbish or refuse to admit the Exhibitor at any future event.
- Failure of services
Where the supply of services is interrupted for reasons outside the Organiser’s reasonable control, the Organiser shall not incur any liability to an Exhibitor for any losses, costs or damage if any such services shall wholly or partially fail or cease to be available nor shall the Exhibitor be entitled to any rebate or allowance in respect of the Charges due or paid under the Contract.
- The Pitches
18.1 Malvern Flea Fair – Avon Hall Pitches are approximately 8ft x 5ft and will be provided with:
(a) 1 x 6ft x 2ft 6ins trestle table and 2 chairs (where applicable).
(b) access to a power point and overhead lights (unless otherwise stated).
(c) subject to availability extra tables may be available for hire on the day with payment of a specified hire charge to the Organiser.
18.2 Malvern Flea Fair – Wye Hall Pitches will consist of an area approximately 20ft x 10 ft located in a covered building with overhead lighting. Should an Exhibitor’s vehicle (including trailer if applicable) not fit within the Pitch space booked, the Exhibitor will be asked to wait until everyone is parked up and then if sufficient space is available, will be parked up and must pay for the additional space used. If no additional space is available, the Exhibitor will have the option to park up in the casual outside pitch area or leave.
18.3 Malvern Flea Fair – Special Outside Pitches will consist of an area of approximately 30ft wide and vary in depth depending on their location.
18.4 Malvern Flea Fair – Casual Outside Pitches will consist of a suitable sized area which will accommodate the Exhibitor and the Exhibitor’s vehicle, including trailer if applicable. The minimum size of Pitch will be the length of the Exhibitors Vehicle. Should the Exhibitors vehicle/trailer be of excessive size then the Exhibitor must pay for the necessary extra space required. 18.5 Malvern Antiques Fair – Severn Hall Pitches vary in size and will be provided with:
(a) depending on the pitch booked either 1 or 2 x 6ft x 2ft 6ins trestle table(s) and 2 chairs (where applicable).
(b) access to a power point and overhead lights (unless otherwise stated).
(c) subject to availability extra tables may be available for hire on the day with payment of a specified hire charge to the Organiser.
18.6 Retro Arcade at the RHS Malvern Spring Festival – Pitch sizes vary and will be as agreed at time of booking. Trestle table hire will also be agreed at time of booking. Subject to availability extra tables may be available for hire on the set-up days with payment of a specified hire charge to the Organiser. Only Exhibitors who have pre booked an electric supply will have access an electric socket.
18.6 Any extension leads and lighting supplied by the Exhibitor must be PAT tested prior to the Fair and have a visibly certifiable as PAT tested.
18.8 All Pitch prices are inclusive of the current VAT rate.
- Removal by Exhibitors
19.1 Exhibitors are responsible for the complete removal from the Fair Venue of all sale goods, displays and other materials together with all waste and rubbish in accordance with the instructions of the Organiser. Should any Exhibitor fail to remove any of the foregoing within the time stipulated by the Organiser then the Organiser shall be entitled, but not obliged, to remove and dispose of all such items without liability to the Exhibitor who shall be liable to indemnify the Organiser in respect of all costs and expenses thereby suffered or incurred. 19.2 The Organiser reserves the right to specify the time at which individual Pitches shall be cleared.
19.3 Notwithstanding instructions issued specifically for the closure of the Fair, security of sale or display goods, Pitch furniture and all property of Exhibitors at all times including during the dismantling period is wholly the responsibility of the Exhibitor and the Organiser will not be responsible for any loss or damage suffered or incurred.
- Risk & Insurance
20.1 Each Exhibitor attends the Fair entirely at its own risk.
20.2 The Exhibitor is responsible for and shall indemnify the Organiser in respect of all claims (whether arising from personal injury or damage to property or otherwise) arising in connection with the erection or dismantling of the Exhibitor’s pitch and anything permitted, omitted or done thereon or therefrom during the period of the Fair or during the construction or dismantling period. The Organiser recommends that all Exhibitors have their own public liability insurance.
20.3 The Organiser will take such precautions as it may consider appropriate for the proper running of the Fair but will not be at any time responsible for the loss of, or damage to, or safety of any Pitch, sale goods or displays or other property of an Exhibitor, or any other person under any circumstances.
20.4 The Exhibitor shall do nothing to jeopardise the current Insurance Policy or Policies of the Fair Venue or the Agreement between the Organiser and the Owner regarding the use of the Fair Venue and the Exhibitor shall in all cases comply with any requirement of the Fire Officer or other Authorities concerned.
- Indemnity by Exhibitors
The Exhibitor shall indemnify the organiser from and against all actions, expenses, costs, charges or claims which the Organiser or any of its contractors may become liable for in consequence of damage or injury to any person or property occasioned by or arising out of the act, default or negligence of the Exhibitor or any other person or persons under its direction.
- Exclusion from the Fair and termination of Contract
Upon the Organiser exercising any right hereunder to exclude the Exhibitor from the Fair or upon termination of the Contract howsoever arising, the Organiser shall be entitled to enter a Contract with some other person to occupy the Pitch.
- Invalidity governing laws etc.
23.1 The Contract shall be governed by and constructed in accordance with the laws of England.
23.2 No failure or delay by any person exercising any right, power or privilege under these Terms & Conditions shall operate as a waiver thereof nor shall any single or partial exercise by any person of any right, power or privilege preclude any further exercise thereof or the exercise of any right, power or privilege.
- Grievance procedure
24.1 It is the responsibility of the Exhibitor to bring to the attention of the Organiser at the earliest opportunity any grievance or complaint in order that the matter can be investigated contemporaneously and dealt with appropriately.
24.2 The Exhibitor should immediately report any complaint to the Organiser by visiting the Organisers office at the Fair Venue, or speaking with a Steward. 24.3 If the Exhibitor feels that any problem has not been satisfactorily resolved at the Fair Venue then the Exhibitor should write expeditiously to the Organiser setting out clearly and precisely the matter complained of whereupon it will be investigated and dealt with appropriately.
- Photos and drone footage
B2B Fairs reserves the right to take photos and/or drone footage of any stock displayed for sale, and generally of pitches and the Venue to use for either advertising or social media purposes.
- Acceptance of Terms & Conditions
Submission of an application for a Pitch booking by an Exhibitor and acceptance of such application by the Organiser will be deemed to be acceptance by Exhibitor and Organiser of the Terms & Conditions laid out herein.