TEFAF GENERAL TERMS & CONDITIONS FOR VISITORS
ARTICLE 1 - DEFINITIONS
In these General Terms & Conditions, the following are defined as set forth below:
- General Terms & Conditions: TEFAF General Terms & Conditions for Visitors
- TEFAF: The European Fine Art Foundation, legally registered in Maastricht, Netherlands, and organizer of the Fair.
- Management: the CEO of TEFAF and his/her staff.
- Executive Committee: the executive Committee of TEFAF.
- Fair: the annual art fair as organized by TEFAF in the Hall.
- Hall: MECC Maastricht.
- Visitor: a natural person or legal entity visiting the Fair in the Hall and not being a Participant in the Fair and not having been contracted by TEFAF to work at the Fair.
- Article: an article of the General Terms & Conditions.
- Participant: an art gallery or other entity renting a stand from TEFAF at the Fair, which exhibits and/or offers works of art to Visitors at the Fair.
- Vetting Committee: a committee that decides on the admission of works of art to the Fair. The Vetting Committee is composed of international art specialists, who are selected on the basis of their integrity, independence and art expertise, as specified in the Vetting Guidelines.
- TEFAF Information Media: these media include the online- catalogue, a smartphone app, the website, printed material and social media regarding the Fair.
ARTICLE 2 – ROLE OF TEFAF
- TEFAF serves as a platform and facilitator and endeavours to create good conditions for Visitors to and Participants in the Fair for viewing, exhibiting, buying and selling works of art.
- TEFAF is never the sole or part owner of works of art exhibited at the Fair, and is never the seller or purchaser of works of art exhibited at the Fair. It is therefore is not involved in any way in the process of buying and selling works of art during the Fair. TEFAF does not provide transport services and is not responsible for transport of the works of art to and from the Fair.
- In aiming to achieve the objectives as described in paragraph 1 of this Article, TEFAF strives to facilitate the selection of the Participants permitted to participate in the Fair, as well as the selection of the works of art permitted to be exhibited at the Fair – through the Vetting Committee – with appropriate care and to the best of its knowledge and ability. However, the sole responsibility for the whole process of selection, exhibiting, buying and selling works of art remains with the Participant and the Visitor buying a work of art. TEFAF is not responsible in any way for the Participant and/or the works of art exhibited at the Fair and denies liability under any system of law in this regard.
ARTICLE 3 – ACCEPTANCE OF THE REGULATIONS
The General Terms & Conditions apply to all legal relationships between TEFAF and the Visitor to the Fair, and to all actions related to the legal relationship. By visiting the Fair, the Visitor accepts the General Terms & Conditions.
ARTICLE 4 – SALE OF TICKETS
- TEFAF is not liable for any mistakes made by third parties in offers, communications or other information regarding the contents, duration, and organization of the Fair, or for mistakes in information about ticket prices or presale of tickets and/or other incorrect or unclear information.
- Tickets to the Fair are non-refundable. Visitors are not entitled to restitution by TEFAF of the entrance fee or any other compensation in the event of, for example:
- loss or theft of the entrance ticket;
- cancellation of the Fair due to reasons or any event not attributable to TEFAF;
- failure by Visitors to use entrance tickets for whatever reason.
- Sale or resale of entrance tickets by Visitors or any other parties except TEFAF or a recognized sales or presales outlet is prohibited.
- Visitors may be denied access to the Fair if their entrance tickets were not obtained legally from TEFAF, a Participant or a recognized sales or presales outlet. TEFAF is not liable for tickets that are sold or obtained by third parties.
- Tickets to the Fair are personal if the name of the Visitor is printed on the entrance ticket. Visitors may be asked to show valid proof of identity.
ARTICLE 5 - CANCELLATION, TERMINATION, POSTPONEMENT OR ADAPTATION OF THE FAIR
- If there are pressing reasons, TEFAF may cancel the Fair, terminate it, postpone it or adapt its operation (including but not limited to reducing the duration of the Fair or changing its venue).
- A pressing reason could, for example, be force majeure (including but not limited to war, political unrest, strike, flood, fire, robbery, breakdown of transportation facilities or unavailability of the Hall or a major part thereof), an order by the authorities or any other event not attributable to TEFAF preventing or hindering TEFAF from organizing the Fair in the normal form.
- If the Fair is cancelled, terminated, postponed or adapted, TEFAF shall be released from its duty to perform and Visitors shall have no claim against TEFAF for performance or withdrawal from contract or compensation for any loss or damage.
ARTICLE 6 – DURING THE VISIT TO THE FAIR
- While present at the Fair, Visitors must not act in a manner contrary to public order, morality, or the rules of propriety, bearing in mind the nature of the Fair and the fact that the Fair is not a public space. By visiting the Fair, Visitors accept and subject themselves to TEFAF’s safety regulations. Visitors comply with instructions given by security and other officials of TEFAF or parties engaged by TEFAF.
- Visitors acting in a manner contrary to Dutch law and regulations, the standards or instructions as referred to in paragraph 1 of this Article, the General Terms & Conditions and/or Visitors whose behaviour at the Fair or otherwise gives rise to justified complaints from other Visitors, the Participants, the Executive Committee or the Management, may be removed immediately from the Fair by TEFAF and may be denied further and/or future access to the Fair by TEFAF without being entitled to restitution of the entrance fee or of other costs, and will be held liable by TEFAF for any loss or damage incurred. TEFAF is entitled to decide to remove a Visitor from the Fair and/or deny further access to the Fair, if a Visitor, while visiting the Fair or otherwise, violates one or more statutory provisions, or TEFAF has good reason to fear such violation, and in so doing, or in any other manner, compromises the reputation of the Fair, TEFAF or Participants. TEFAF may issue a press statement, or otherwise express itself in publicity, at any time as TEFAF sees fit in order to maintain the orderly conduct of the Fair. TEFAF is not liable for any loss or damage sustained by Visitors as a result.
- Among other things Visitors are not permitted to:
- offer goods for sale or distribute goods free of charge to third parties at the Fair;
- bring pets or other animals into the Fair, with the exception of service animals for visitors with disabilities with permission from TEFAF;
- bring food and/or beverages into the Fair;
- bring large bags (larger than 30 x 40 centimetres), backpacks and umbrellas into the Fair;
- bring jewellery in bags or cases into the Fair without reporting the jewellery before entering the Fair;
- bring art or antiques into the Fair, for example for valuation, selling or offering for sale;
- organize or attend unofficial guided tours;
- bring objects or substances into the Fair that are, in the opinion of a TEFAF official, hazardous or may cause a nuisance to other Visitors;
- i. smoke in the Fair outside the smoking areas.
- Visitors are not permitted to use recording equipment at the Fair, unless express permission is given by the Management, and the Participants or Visitors concerned. The Management may decide that the use of recording equipment is only permitted by TEFAF if certain conditions are met, for example that the Visitor is escorted by a TEFAF employee or representative. No flashes, extendable camera devices or video recordings are permitted. TEFAF officials are authorized to demand that Visitors place any recording equipment, including mobile phones being used to make recordings, in storage during their visit to the Fair if recording equipment is used contrary to these regulations. Visitors refusing to cooperate may be denied further and/or future access to the Fair without being entitled to restitution of the entrance fee or any other costs. TEFAF is not liable for loss or damage relating to any stored recording equipment.
- TEFAF reserves the right to make or commission video, photographic and/or sound recordings of the Fair. By accepting the General Terms & Conditions, the Visitor gives TEFAF permission to use any image of the Visitor for the purposes of the Fair’s PR.
ARTICLE 7 – SAFETY AND SECURITY REGULATIONS
TEFAF Management may demand that Visitors show valid proof of identity and/or that bags and cases carried by Visitors be searched. Visitors may be asked to submit to a body search by specially trained staff. Visitors refusing to cooperate may be denied further access to the Fair without being entitled to a refund of the price of admission tickets or other costs.
ARTICLE 8 – TEFAF INFORMATION MEDIA
- Any information in TEFAF Information Media - including but not limited to information regarding the description, quality, authenticity, provenance, condition, authorship, origin, date, age and condition of a work of art - is given on behalf of the Participant and with appropriate care. However, since TEFAF receives this information from third parties, including Participants, and is dependent on these third parties for this information, TEFAF cannot guarantee the correctness of the information provided in the TEFAF Information Media. In this context TEFAF points out that the works of art described in the catalogues and/or other Information Media were not assessed by the Vetting Committee prior to publication of the catalogue and/or other Information Media. TEFAF recommends that Visitors seek independent advice about these matters from their own professional art advisors before making a purchase from a Participant.
- TEFAF and its employees and representatives accept no form of liability for incorrect, incomplete or missing entries or entries infringing third party rights in TEFAF Information Media.
ARTICLE 9 – COMPLAINTS AND CLAIMS
- Any complaints or claims regarding performance of the legal relationship between TEFAF and a Visitor must be sent to and received in writing by the Management in any event within 4 weeks after performance of the legal relationship. Complaints or claims received by the Management after this period will not be considered by TEFAF, to the extent permitted by law.
- Complaints and circumstances relating to acts or omissions of third parties or beyond the control of TEFAF shall not result in claims or in any obligation on TEFAF to pay compensation. Complaints regarding third parties should be addressed directly to the third party or parties concerned. TEFAF will supply the relevant name and address information about a third party to a Visitor upon request,
ARTICLE 10 – LIABILITY OF TEFAF
- In addition to the limitation of liability as set out in Articles 2.3, 4.1, 4.4, 6.2, 6.4 and 8.2, TEFAF, its employees and representatives, and the Vetting Committee are not liable in any way for claims, actions, proceedings, losses, liabilities, damages, expenses and costs in relation to the description, quality, authenticity, provenance, condition and/or entitlement of any work of art that was brought to the Hall and/or proposed at the Fair and/or exhibited by a Participant at the Fair and/or vetted by the Vetting Committee. This responsibility and liability remains solely with the Participant and the Visitor buying a work of art. TEFAF recommends that Visitors seek independent advice about these matters from their own professional advisors before making an art purchase because buying art requires specialized knowledge.
- Visitors visit the Fair at their own risk. TEFAF is not liable for physical or other loss or damage caused by force majeure or third parties, whether or not these third parties are contracted by TEFAF, including but not limited to stand builders, caterers, editors/authors of TEFAF Information Media (catalogues, etc.), security personnel, Participants, other Visitors and the Vetting Committee or its members.
- If liability of TEFAF or its employees or representatives is established, TEFAF’s liability is limited to compensation for loss or damage for which TEFAF is insured (up to the insured amount).
ARTICLE 11 – APPLICABLE LAW AND JURISDICTION
- The relationship between the Visitor and TEFAF is governed exclusively by Dutch law, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
- Parties will try to solve any dispute that may arise between TEFAF and a Visitor in connection with the present legal relationship, or further contracts resulting therefrom, through mediation in accordance with the rules of the Dutch Mediation Federation (Mediation Federatie Nederland) based in Rotterdam. Until mediation has ended, neither party shall submit the dispute to a court, with the exception of claims or requests with regard to precautionary measures of protection of rights.
- If it is established that a dispute cannot be resolved through mediation, the dispute shall be settled exclusively by the competent court in Amsterdam in the Netherlands, to the extent permitted by law.
ARTICLE 12 – MISCELLANEOUS
- All circumstances not provided for in the General Terms & Conditions are decided by TEFAF.
- Invalidity of one or more of the provisions as set out in the General Terms & Conditions for Visitors to TEFAF will not have the effect of rendering the other provisions invalid. An invalid or unenforceable provision will - to the extent permitted by law - be converted into a valid, enforceable provision that most closely matches the intent of the original provision of TEFAF and which would have been stipulated by TEFAF if the original provision had been abandoned by TEFAF because of its inapplicability, invalidity or nullity. To the extent necessary, the Visitor agrees to this conversion.
- The headings in the General Terms & Conditions have been included for easy reference only and are not intended for interpretation purposes of any clause of the General Terms & Conditions.