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General terms and conditions for rental and use

General Terms and Conditions
for Guest Events
Stadthalle – Conference Centre – Hall A - entire fairgrounds
„Messe Congress Graz“ Betriebsgesellschaft m.b.H.
(in the following referred to as MCG)
 

1. The following reservation conditions shall apply to all dates desired by the contracting party (organiser):
2. It is differentiated between non-binding pre-booking and binding reservation. In both cases, carrying out of the pre-booking/reservation with MCG shall provide the contracting party (organiser) with a legal title for conclusion of an agreement with certain content. If – for whatsoever reason - a rental agreement should not be concluded, this also vitiates the pre-booking/reservation. The contracting party shall not be entitled to any claim for compensation against MCG resulting from the title of non-conclusion of the agreement.
3. As a matter of principle, all requests/desired dates are processed by MCG according to the principle of priority; in case of requests from several contracting parties for the same event, the contracting party, who provides the proof of a contractual relationship with the respective artist, shall obtain priority. Receipt stamp or date/time of receipt of fax or e-mail shall be the decisive factor. If desired dates/pre-bookings are requested orally, these shall only be pre-booked after written conformation. However, MCG shall be entitled – independent of the date of pre-booking – to offer to a contracting party selected by MCG to convert the non-binding pre-booking into a binding reservation. MCG shall be further entitled to not allocate a date despite presence of one or several pre-booking, or to use it for own needs. MCG confirms each registered pre-booking in writing (also per e-mail) with inclusion of the General Terms and Conditions, which  contain the reservation conditions under article I.
4. The contracting party (organiser) has to announce the title of the event/artist etc. already with pre-booking. As a matter of principle, any subsequent change of title, programme or protagonists shall result in cancellation of the pre-booking resp. reservation.
5. A non-binding pre-booking – which is non-binding and free of charge for both parties – will be changed into a binding date reservation when paying the reservation fee on the basis of a respective offer by MCG.
6. MCG shall make effort to submit to the contracting party (organiser) an offer - including General Terms and Conditions – within 6 working days from pre-booking.
7. Reservations shall be binding for both parties; they shall exclude other parties from contracting for the reserved date. Reservation shall only be transferable to third parties after approval by MCG. However, MCG expressly reserves the right to provide a new offer to the third party proposed by the contracting partner (organiser) concerning this date.
8. Binding reservations shall require payment. The fee is:
9. for the Stadthalle and Hall A:
For the entire hall (ground floor + first floor): € 3,000.00 plus VAT + 1% contract charge
For the ground floor: € 2,300.00 plus VAT + 1% contract charge
For the first floor: € 700.00 plus VAT + 1% contract charge
per reserved event day.
10. After the event was held as per agreement, 70% of the reservation fee shall be credited against the contract remuneration.
11. The reservation fee represents a lump sum payment for reserving the desired date as well as for MCG’s administration efforts in connection with the reservation. Reservation shall only be deemed as binding after receipt of the reservation fee at MCG.
12. If the rental agreement is not concluded for whatsoever reason – except force majeure – there shall not be any reclaim for any reservation fee already paid to MCG by the contracting party (organiser).
13. If a legally binding rental agreement is concluded at the time of statement of the desired date, there shall no be any reservation fee.
14. Reserved dates shall automatically be cancelled if:
a) legally binding agreement is not concluded within 3 weeks (delays that are attributed to MCG extend the above-mentioned period of time).
b) the contracting party cancels the reserved date in writing.
c) the event is cancelled by the contracting party for whatsoever reason, the event is replaced by another event by request of the contracting party or the event is to be carried out by a third party. In the two last-mentioned cases, the contracting party (organiser) or the third party can be provided with a new reservation in accordance with the present terms and conditions. In case of amicable change of date or transferral to a third party, there shall no additional reservation fee become due.
d) the agreement that forms the basis of the execution of the present event is cancelled between contracting party and its ordering party for whatsoever reason or is not applicable any more.
e) insolvency proceedings are instituted against the assets of the contracting party (organiser), or the filing for such bankruptcy is rejected due to lack of sufficient assets.
f) the date reservation fee is not paid with receipt of the offer or a respective letter/fax.
15. In case of cancellation of the reservation, article I 11 shall apply correspondingly.
16. MCG reserves the right to make special arrangements by means of individual agreements with the contracting party (organiser) without resulting in any claims of other contracting parties against MCG or competitors.


II
1. The contracting party (organiser) stated in the agreement concerning the rental of the Stadthalle Graz/Hall A shall be deemed as the solely responsible organiser regarding the event that is subject of the agreement, as far as not otherwise agreed upon in writing. If several persons are contracting parties or organisers, they shall be undividedly liable to MCG.
2. The contracting party is to be named as organiser in any print media (posters, tickets etc.) in order to show to any third party that the legal relationship only exists between the guest of the event and the contracting party (organiser).
3. The contracting party is fully responsible and bears any risk for proper execution of the event that forms the subject of the agreement; in particular, it shall be solely responsible for problem-free execution including preparation and dismantling. It shall guarantee to MCG that the maximum number of guest is not exceeded.
4. The object may only be used for the contractual purpose defined in the agreement concerning the rental of the Stadthalle Graz/Hall A, and only for the scope of utilisation agreed upon in this agreement. Any deviation represents an essential breach of contract in accordance with article XIV as far as this deviation was not expressly authorised by MCG in advance and in writing.
5. Breaks: During the event, the contractual party has to arrange for and stick to a break of at least 20 minutes, as far as this is not otherwise agreed upon.
6. Rental shall be performed for one event respectively. There shall be no obligation to MCG to provide the object or other rooms for any further events. Multiple rentals at certain dates shall not form any claim to any rental at similar dates in the future.
7. The maximum number of persons for events is limited to 11,030 in the stadthalle ground floor with the 3 foyers (south, middle, north), to 900 in the first floor messecongress I south, to 800 in the messecongress I north, to 2.500 in the Hall A first floor including foyer west.
8. For events without tickets, the organiser has to place counters or carry out other appropriate means for determination of the number of persons (e.g. manual counting etc.), and he has to provide proof of this.
9. The kind of event as well as any other activities of the contracting party must correspond to the agreements and must not harm the reputation of the Messe Congress Graz.
10. The contractual party shall oblige itself to provide to MCG with detailed information on the event as well as with the technical and personnel requirements at conclusion of the agreement or 3 weeks before beginning of the event at the latest. The contracting party has to announce this in form of an organisation chart or schedule. If the contracting party does not fulfil its obligations, MCG may not provide any warranty that the required technical and personnel equipment and furnishing can be provided to the contracting party. If shorttime changes arise on the part of the contracting party – in particular changes concerning the schedule – the corresponding costs are to be paid by the contracting party in any case. Complaints or claims of third parties, in particular of guests, are to be processed by the contracting party in a customer-friendly manner; MCG is to be indemnified and held harmless from and against any complaints and claims.
11. The contracting party shall provide to MCG per event and free of charge the tickets for the official seats as per the block of admission tickets, as well as 25 additional tickets: 8 tickets of “best category“, 8 tickets of “second category“ and 9 tickets of ”third category“ (only for concerts in the stadthalle).
12. Only after explicit approval in writing on behalf of MCG, the contractual party shall be entitled to transfer rights from this agreement – no matter if against payment or free of charge, or if completely or in parts – to a third party. Violation of this condition shall represent an essential breach of contract as per article XIV. If MCG agrees to the transferral of rights – no matter if against payment or free of charge, or if completely or in parts – to a third party, the contracting party shall be still undividedly liable against MCG; this shall apply besides the liability of the third party.
13. Conclusion of the agreement based on the Terms and Conditions shall not form any partnership relationship between MCG and the contracting party.


III
1. Only such areas, rooms and furniture as well as technical equipment that are expressly stated as object of the agreement in the agreement concerning the rental of the Stadthalle Graz or Hall A shall form the object of the agreement. Utilisation or partial utilisation of other objects must be separately agreed upon in writing. Furthermore, rental fee for net areas plus additional costs must be added for exhibition stands that are planned within the framework of a meeting, a congress etc.
2. The object shall be deemed as handed over by MCG and accepted by the contracting party in proper condition as far as the contracting party or its representative does not bring forward any complaints at handover. Subsequent complaints shall not be accepted.
3. Constructional or further changes, boreholes etc. with the object shall require previous approval by MCG in writing, and may only be carried out at the expense and on the account of the contracting party. This shall require that MCG provided a corresponding approval for the changes. MCG awards restoration to the original
state to a concessionary company; the invoice is to be paid by the contracting party. The contracting party shall also be liable for changes that were carried out by its exhibitors or its instructed persons.
4. Any additionally placed objects (like mobile floodlight carriers and supports, additional stands, stages etc.) must be placed under survey of a competent supervisor. The competent person has to record this in the control book. The control book must be present for official inspection during any event.
5. Placement of armchairs and tables must be carried out in accordance with the regulations of TRVB [Technical Guideline for Preventive Fire protection] N 135 art. 16. Lighting gear and loudspeakers that are mounted above the guest area at a height of more than 2.0 m must be additionally secured against falling down by means of ropes, chains etc.
6. Placed rugs (carpets), cable conduits etc. are to be placed in such a way to prevent people from stumbling, and they must not form obstacles in transportation routes.
7. The Messeplatz (main entrance) is to be kept free from any kind of placements, disposals, constructions etc. two hours before beginning of the events until one hour after the end of the event. Placement of technical equipment etc. on the forecourt is to be separately approved by the respective authorities.
8. In case of events with seating, standing room in the area of transportation and escape routes shall not be permitted.
9. In case of fixed seatings, at least 0.5% of the present seats – however, at least a minimum of two seats – must be used as wheelchair stands. The stands for wheelchairs must not narrow the width of the escape routes.
10. Placement of additionally sitting possibilities that exceed the officially approved seating plan shall not be allowed.
11. With events without seating or without fixtures/bunks (e.g. concerts etc.), wave-breaker facilities are to be installed successively with a distance of 10.00 m to 12.00 m to each other, starting at the stage. The wavebreaker facilities are to be placed with a width of 6.0 m to 8.0 m, and they must be staggered and placed with clearances. 12. Packaging material and packages must be removed by the contracting party before beginning and after end of the event.
13. The entire object (all rooms, areas etc.) is to be treated competently and with care as intended.
14. If advertising material is present in the object at the time of hand-over, MCG shall not be obliged to remove this material. This shall also apply in case the present advertising material represents a competitor to the contracting party.
15. At the end of the contractual relationship, the object is to be handed back to MCG in the state at hand-over. The contracting party shall be obliged to remove any added inventory on its own expense and at its own risk. The organiser shall be responsible for proper return of any furniture provided by MCG or by the contractual partners of MCG (in particular AMB Ausstellungsservice and Messebau GmbH & Co KG) to MCG and the
contractual partners of MCG.


IV
1. In accordance with the Styrian Event Act, registration of the event is to be carried out by the organiser with the Bundespolizeidirektion Graz, Paulustorgasse 8 at the moment; registration requires detailed data of the persons responsible for the event (e.g. date of birth, address etc.) at least eight days before beginning of the event. The contracting party (organiser) shall be required to apply for any permits and carry out all
registrations etc. with the respective authorities.


V
1. The contracting party (organiser) shall be responsible for proper observance of dismantling time. Utilisation of the objects in excess of the agreed period of time is to be agreed upon separately and will be additionally invoiced to the contracting party in any case. The contracting party (organiser) shall be liable for all damages that occur to MCG on account of improper observance of dismantling time; this shall apply above all to loss of profit. MCG shall be entitled to have carried out vacation of the object at the expense and at risk of the contracting party.
2. Dismantling may only be started after all guests have left the object.


VI
1. The layout of any announcements, folders, advertisements, brochures etc. must be arranged in such a way that the wording “Stadthalle Graz“ or “Hall A” in the “Messe Congress Graz“ is used in connection with the logo.
2. MCG shall be entitled to carry out visitations and guided tours through the rented rooms/areas during the term of the agreement.
3. MCG shall be further entitled to take pictures and record videos of various event areas and to use these pictures and videos for any purpose desired.


VII
1. Official control organs and employees of MCG shall be entitled to access at any time such rooms and areas that form the place of event, as well as any rooms and areas (of the entire object) that are linked to the event.
2. The contracting party must strictly observe all safety regulations as well as any legal and official obligations as well as the rules of the house and the fire protection regulations.
3. With all events, the organiser has to provide by itself sufficient “first aid measures” like medical material, physicist and ambulance car.
4. Utilisation of open fire is prohibited. Utilisation of liquefied gas, spirit, oil, gas or similar for cooking, heating, or operation of devices is prohibited. In case of cooking or heating processes in closed rooms - which must be authorised by the authorities - fire police regulations must be strictly observed. Utilisation of e.g. burning candles or similar during events with tables (e.g. ball events) is to be authorised by the authorities. In case of utilisation of open fire in the event hall - out of theatre events – such utilisation is to be applied for with the respective authorities in advance.
5. All fire detectors, vent distributors und switchboards, telephone distributor, heating and ventilation systems etc. must remain accessible and must not be obstructed during the whole contractual relationship.
6. Any decoration materials that are used for decoration/embellishment of the event, any requisites, sceneries etc. must conform to the fire police regulation. The respective legal regulations – at the moment, in particular the Austrian standard 3822 as well as the inflammability category 1, smoke formation category 1 drop formation category 1, regulated in TRVB-N 136-79 under article 7 - are to be observed. The corresponding certificates are to be presented. Gas containers with non-flammable gases are to be secured against toppling down.
7. If vehicles are placed, the tank must be fully emptied, the battery is to be disconnected, and a protective mat is to be placed under the vehicle.
8. Corridors and emergency exits (escape routes, emergency lighting, fire fighting facilities and fire detectors) must not be obstructed or covered, and must be kept free of placements of any kind on their whole width. Placement of platforms for television cameras as well as wardrobes etc. must not result in any limitations in the passage width of exits or other transportation or escape routes. Violation of these safety regulations shall be deemed as essential breach of contract as per article XIV.
9. As a matter of principle, smoking is prohibited in closed rooms. Smoking is only allowed in the buffet and gastronomy area.
10. Opening of the movable outer walls shall only be allowed with explicit approval by MCG. With music events and motor sport events, opening of the movable outer walls is not allowed.
11. The contracting party shall confirm that it was informed by MCG on the dangers in the object – in particular in connection with the employee protection law – and that it was informed on the corresponding evaluation documents. It shall also confirm to MCG that it has sufficiently instructed its employees or auxiliary persons concerning this matter. MCG shall be entitled to deny access to the object to anybody – also employees or auxiliary persons of the contracting party – or to banish these persons from the hall, in case there is the assumption that these persons are alcoholised or on drugs.
12. The contracting party must strictly observe the fire safety regulations of the objects as well as the rules of behaviour in connection with fire protective clothing or areas in danger of falling down.
13. The contracting party shall be fully liable for any damages to health that occurred on account of the noise level during the concert or another event. It shall oblige itself to indemnify MCG and hold MCG harmless from and against claims of third parties.
14. Over-night stay in the objects shall not be allowed.
15. If the contracting party wants to use devices or machines that are not provided by MCG, this shall require previous approval by MCG. These devices and machines must correspond to the respective legal and official regulations, and they must be reliable. If damages occur on account of utilisation of such devices or machines, the contracting party shall be liable and shall oblige itself to indemnify MCG and hold MCG harmless from and against all claims resulting from this.
16. The contracting partner must guarantee that the rules of the house and any obligations are observed. If the contracting party does not comply with the instructions and orders within the framework of the contract, or if the contracting party is not in the position to avoid rioting of the audience, MCG shall be entitled – irrespective of further rights – to take the appropriate measures on the contracting party’s expense, or to end the event early or have the event ended early on the expense and at the risk of the contracting party, in case imminent danger is present concerning the audience’s safety. In such case, the contracting partner shall not be entitled to any claims for damages against MCG.
17. The contracting party (organiser) shall not be entitled to include third parties (companies or individual persons) – except journalists and photographers - into the event without approval by MCG.
18. The contracting party has to timely request at MCG access authorisations for its servants, auxiliary persons etc.; these authorisations are to be presented upon request.


VIII
1. Management of MCG determined the number of MCG persons on duty, depending on the kind of event and as required; during the whole event, there is at least one building services officer on duty (hall master= person responsible for the hall).
2. In case of dismantling work before 7.00 am and after 6.00 pm Mondays to Fridays, and all over the day on Saturdays, Sundays and public holidays, MCG will arrange a  corresponding closing service on the expense of the organiser.
3. If it is officially regulated that there must be suitable rooms for police, fire brigade and medical service, the organiser shall be obliged to observe such regulations.


IX
1. Cloakroom: Operation of the cloakroom shall be incumbent upon MCG. MCG shall be entitled to use a contractual partner for this. The decision, whether and to what extent cloakrooms are provided for the respective event, shall be with MCG. The cloakroom fee is to be paid by the guests. MCG or the respective contractual partner that is charged with operation of the cloakroom has effected a cloakroom insurance;
liability for handed-over clothing shall be only within the scope of this insurance.
2. Toilet cleaning: Cleaning of the toilets is carried out by MCG or by a third party that was ordered by MCG. 3. Cleaning: Entire cleaning – before the event, during the event, and final cleaning – is carried out by MCG or by a third party that was ordered by MCG.
4. Provision of electric and water installations shall be carried out exclusively by MCG or a third party that was ordered by MCG.
5. Admission control: Operation of the admission shall be incumbent upon MCG or a third party that was ordered by MCG. MCG shall decide in each individual case, how much doors are to be opened, and how many persons are charged with admission control.
6. Persons for car park attendance service and internal traffic regulation: The attendance service and the traffic regulation shall be carried out by MCG or a third party that was ordered by MCG; MCG shall determine in each individual case the scope of the attendance service and the kind of traffic regulation, as well as the amount of the car park fee.
7. The entire catering service including free-of-charge provision of food and beverages at events of whatsoever kind in all rooms of MCG as well as on the premises shall only be carried out by MCG or contracted companies ordered by MCG. This shall apply to any kind of gastronomic requirements, in particular to beverages, food, tobacco products etc. All regulations/limitations for safety reasons are to be strictly observed; so e.g. exclusive utilisation of plastic sprays can be ordered. Exceptions like e.g. free gifts at congress exhibitors are to be reported by the organiser to MCG in writing. With this, release can be granted by MCG depending on the situation.
8. In case of increased costs for personnel and operation in accordance with the consumer price index, MCG reserves the right to carry out respective increases concerning the rental fee for the Stadthalle, provided that there is a time period of more than twelve months between conclusion of the agreement and date of the
event.
9. In case of excessive soiling of the object beyond normal soling, MCG reserves the right to invoice the additional cleaning costs (plus the cleaning costs agreed as per agreement).


X
1. Official commissioning: In case of official commissioning, the contracting party has to attend this commissioning. The contracting party will be informed by MCG on the official commissioning and on the time of this official commissioning as soon as possible.
2. The contracting party has to take care that it by itself or a representative (= contact person) is always present and available; it must provide the name of that person as well as of the representative, and the telephone number by which this person or the representative is always available during the term of the agreement. Furthermore, any change of these data is to be immediately reported to MCG. The organiser shall be obliged to unrequestedly contact the supervisory organs of the Bundespolizei already before beginning of the event.
3. The contact person named by the contracting party shall be deemed as authorised by the contracting party to accept with binding effect for the contracting party official orders or further complaints and explanations, also from MCG.
4. If the contact person removes itself or is not available during the term of the agreement, MCG shall be deemed to be authorised by the contracting party to take or to initiate the appropriate measures for this case without informing the contracting party, and on the expense and at the risk of the contracting party.
5. The contracting party shall not be granted power to give instructions to the personnel of MCG or the personnel ordered by MCG. The person responsible for the hall (hall master) shall be responsible for this. His instructions are to be followed!


XI
1. If goods like fan merchandise etc. are to be sold on the premises of MCG or in its rooms, a fee of € 300.00 (including 20% VAT) is to be paid per sales booth and per event. The local organiser has to take care that the tour management is available before the event in order to collect this fee. If this is not the case, this fee is added to the final invoice of the contracting party and is to be paid by the contracting party (this applies to events, concerts. There are separate regulations with fairs.)


XII
1. Advertising for the event shall be carried out by the contracting party. If advertising is to be placed in the object or on the premises of MCG, this shall require previous written approval by MCG. With this, MCG shall be entitled to 30% of the revenue resulting from this. MCG shall be entitled to place a link on the Internet page www.mcg.at to the homepage of the contracting party. With this, it is stated that the contracting party is solely responsible for the content of this page.
2. If the contracting party sells rights – in particular exploitation rights and recording rights for radio, film and video recordings – to a third party, MCG shall be entitled to receive 20% of the collected remuneration plus VAT.


XIII
1. If the contracting party (organiser) withdraws from the agreement for reasons beyond MCG’s control, or if it does not perform the event for whatsoever reason, it shall be obliged to pay the following cancellation fees:
- cancellation until 91 days before beginning of the event: 50%
- cancellation between the 90th and 31st day before beginning of the event: 75%
- cancellation as of the 30th day before beginning of the event: 100%
of the agreed rental fee including the remuneration for additional services + 20% VAT + 1% contract charge.
2. MCG shall be entitled to deduct the advance payments already made by means of compensation, as well as to use the paid security deposit for payment of cancellation fees.


XIV
1. MCG shall be entitled to withdraw from the agreement without notice in case of essential breach of contract by the contracting party, irrespective of further claims and rights, if the contracting party does not pay the agreed advance payment or security deposit in due time despite reminder by MCG and provision of an additional respite of 5 working days, if it did not fulfil further essential contractual obligations. This applies if
a. the intended event raises fears about breach of the peace,
b. it turns out that the contracting party does not provide of the required performing rights for the event that forms the basis of the agreement,
c. the official approvals required for this event were not granted or were revoked, or the contracting party violates such obligations,
d. the safety of the guests is at danger during performance of the event,
e. the contracting party significantly changes the event schedule without approval by MCG,
f. the rooms of MCG are not available due to force majeure,
g. insolvency or clearing proceedings are instituted against the assets of the contracting party, or the filing for such bankruptcy is rejected due to lack of sufficient assets.
2. MCG shall oblige itself to immediately notify the contracting party of the withdrawal from the agreement in writing. In this case, the contracting party shall not be entitled to any claim for compensation against MCG of whatsoever kind.
3. In case of withdrawal, MCG shall be entitled – irrespective of further claims and rights of MCG – to retain already paid advance payments and guarantees for payment of accrued expenses.


XV
1. The contracting party (organiser) shall be liable for any damages that occur on account of set up/dismantling and performance of the event.
2. MCG shall not accept any liability for accidents that occur to the organiser or guests or further users of the object; in particular sports, artistic or acrobatic activities are performed at one’s own risk. MCG shall not be liable for items lost by whatsoever person during the event or during set up/dismantling; in particular, MCG shall not be liable for theft. The contracting party (organiser) has to effect the corresponding
insurances by itself.
3. MCG shall not accept any superior liability for property brought into or animals.
4. The contracting party shall be liable for any damages to persons and property that occurred to whatsoever person and that were caused by the contracting party, by its employees or by person ordered or authorised by the contracting party, or by visitors or guests. This shall not apply in case this is due to gross negligence of employees or auxiliary persons of MCG.
5. The contracting party shall also be liable for damages or extraordinary wear with the rooms that were accessible to the guests within the scope of the event, and of the equipment and installations that are in these rooms.
6. MCG may request that the organiser effects an organiser liability insurance. With this, MCG is to be empowered to collect the insurance sum from the organiser in case of occurrence of the event insured. The contracting party has to provide for the required collection authorisation notes on the insurance policy in favour of MCG, and to proof this upon conclusion of agreement. When performing particularly dangerous events or events that may cause increased damage to property, MCG may request that the payout of the insurance is to be restricted for the benefit of MCG. It is to be pointed out that – irrespective of the obligation to effect an insurance – the contracting party remains fully liable.
7. The contracting party shall indemnify MCG and hold MCG harmless from and against all claims of third parties that are asserted in connection with this contractual relationship or the event as far as MCG is not responsible for these claims.
8. MCG does not provide sentry for this event (equipment and furnishing of the event).
9. The liability of MCG and the liability for employees and auxiliary persons on account of slight negligence shall be excluded.


XVI
1. Graz shall be place of performance and place of jurisdiction.
2. Possible disputes shall be settled at the responsible court in Graz in accordance with § 104 of the Austrian Jurisdiction Act.
3. Austrian law shall apply. Applicability of the UN Convention on Contracts for the International Sale of Goods shall be expressly excluded.
4. Any claims of the contracting party against MCG must be asserted in writing within 6 months from the end of the event.
5. Until mid-2009, construction work is to be expected on the Messeplatz of Graz due to additional investments for the Stadthalle and the new construction of exhibition halls. Undisturbed performance of the event will be granted. Ongoing construction work must be guaranteed without interruption. MCG may arrange changes of access roads and access ways, which are due to these construction works. These changes do not entitle the contracting party to withdraw from the agreement nor to reduce remuneration.


RULES OF THE HOUSE
FOR THE STADTHALLE GRAZ, THE HALL A AND
THE ADJOINING CONFERENCE CENTRE
Messeplatz 1, 8010 Graz
Preamble
These Rules of the House shall apply to any halls, foyers and further adjoining rooms of the Stadthalle Graz, the Hall A and the adjoining Conference Centre South and North at the address 8010 Graz, Messeplatz 1.
1. All events in the Stadthalle Graz and the Hall A are subject to the regulations of the Styrian Event Act as well as of the Vienna Event Act, and in particular to the regulations of the location licensing notice, and the fair and operation regulations in their respectively valid versions, as far as they are not contrary to these Rules of the House. The prescriptions resulting from these acts, and the fair and operation regulations as well as any official obligations are to be strictly observed. Furthermore, events shall only be allowed if the organiser presents the application granted at the responsible office of the Federal Police – Event Department, and if he was granted the approval for the event by the responsible office of the Federal Police, if necessary.
2. Access shall only be possible after presentation of a valid admission ticket. Tickets for actors and companions as well as further kinds of tickets shall only grant access and right to use for facilities or events that are stated on the ticket; access to closed rooms or areas shall only be granted to persons authorised for this.
3. After passing the gate, the admission tickets shall become non-transferrable. They must be kept until leaving of the Stadthalle Graz or the Hall A, and presented to control persons at any time upon request. If admission tickets are misused, these tickets shall be retrieved and become invalid; there shall be no reimbursement of any amount of money paid for the tickets. If necessary, legal proceedings will be instituted.
4. Guests must not disturb an event or molest other guests. Instructions of the control persons or official control persons must be strictly observed.
5. With the receipt of an admission ticket the holder of this ticket shall accept and observe the regulation of the Rules of the House.
6. Sale or distribution of admission tickets – out of the box office – is forbidden on the whole premises of the Stadthalle/Hall A. Sale or distribution of advertising and propaganda material, goods etc. is – irrespective of the appropriate official regulations – only allowed with approval by the event management.
7. Parking of vehicles at the fair area shall only be allowed with approval by the management; the same shall apply to utilisation of the forecourt. Parking on the forecourt is prohibited by the authorities.
8. Bringing of bicycles, vehicles, animals – except guide dogs and partner dogs for disabled persons – etc. into the Stadthalle Graz/Hall A or into the cloakrooms is forbidden. Entering and soiling of the park area in the Messepark is forbidden. Smoking as well as utilisation and storing of easily inflammable objects and liquids is prohibited in the cloakrooms.
9. During exhibitions and fairs, utilisation of strollers shall be granted, provided that a parent continuously supervises the stroller, and the stroller is not placed in transportation routes and close to the exits.
10. Access to the performance places, including adjoining rooms, cloakrooms and storerooms as well as to the dressing rooms of the actors, shall only be granted to the persons that work there. Stay in these rooms is only allowed as long as their presence is necessary.
11. The team and actor cloakrooms are to be separated for men and women. Women must not enter the male cloakroom, and men must not enter the women cloakroom. When leaving the cloakroom, the athletes and actors must be dressed appropriately; this applies in particular for the access routes to the showers and the toilets.
12. Utilisation of the halls is always at one’s own risk.
13. The rooms and areas are always to be kept clean. Attaching of stickers to walls or placement of placards or similar to the walls is strictly forbidden.
14. The exits must be kept unobstructed from beginning of admittance of the guests until leaving of all guests from the hall. Immediately before the end of the event the exit doors must be opened.
15. Before admittance of the guests, the complete safety lighting and a sufficient part of the main lighting must be put into operation. The main lighting and the safety lighting may only be put out of operation when the guests and the employees have left the rooms. Any operation of the lighting equipment by unauthorised persons is forbidden.
16. The officially approved number of persons must not be exceeded.
17. Carpets, floor coverings and pictures must be fixed as much as possible in rooms that are passed by transportation routes. Persons who damage or destroy furnishing shall be liable for the damages to the full extent. Parents or legal representatives shall be liable for damages that were caused by their children.
18. All transportation routes and exits must remain unobstructed. Furnishing, armchairs and benches must not be removed from their locations or placed in the transportation routes or in the standing rooms. Standing rooms are only admitted in the areas that are officially approved for this purpose. Guests are not allowed to bring seating or standing accommodations. A smoking ban or the prohibition of taking away bottles, glasses, cups etc. that is provided by means of placards or via the loudspeakers must be strictly observed in the respective rooms.
19. Smoking and utilisation of open fire without official permit are prohibited when using curtains or theatre decorations. Paraffin, petrol, celluloid objects and other easily inflammable materials must not be stored in rooms used by the guests, and must not be used; the same applies to open fire. Only flame retardant or flameproof materials and fasteners may be used for decoration of the operational rooms. (B1, Q1, TR1)
Placement of stands and similar objects requires a special official permit.
20. Outer wear and umbrellas are to be handed over to the cloakroom; placement on other sites is forbidden. The cloakroom fee is displayed. Outer wear taken to the spectator room must be worn; canes may only be used by invalid persons who require this cane as indispensable support.
21. Taking of pictures as well as film, video and voice recordings shall only be allowed with a written approval by the event management that in registered to the respective name. For safety reasons, flashlights of any kind may only be used during the event, if this does not result in any danger to the guests or the participants.
22. During each event, the number of people working as ticketing, cloakroom and toilet personnel must be sufficient in order to guarantee a problem-free performance of the event. The attendants intended for contact with the guests must wear service clothing, and must show polite behaviour towards the guests. They must counter any occurring difficulties, and they must arbitrate in case of disputes. They are entitled to make use
of the support of the official supervisory persons in case a guest does not follow their orders. All attendants are obliged to arrange for ordered evacuation by means of active and purposeful intervention. They may only remove themselves after all persons have left the rooms. Complaints of the guests concerning operation, noticed ailments as well as damages are to be reported to the operational management and, if necessary, to the official supervisory persons. If an employee detects a danger (fire, constructional damages, structural collapse) or is informed of this, he must immediately inform the operational management; in case of fire, he must operate the fire detector first.
23. Objects found by the attendants of the Stadthalle Graz or objects that were given to them by the finder of such objects, must be immediately given to the hall officer on duty. Lost or left objects are to be particularly minded during the searching in the guest rooms after the end of the event.
24. A person charged with first aid service (ambulance man) must be present at events. In case presence of a doctor is ordered for an event, the medic must always be in the doctor’s room. The doctor is to be immediately informed of any necessary medical aid measure.
25. Separate rooms (police room, doctor’s room) are to be intended and provided for official acts of the official supervisory persons and for purposes of medical aid. The official supervisory persons on duty, who prove their identity, are to be granted free access to all operational rooms. The instructions given by these supervisory persons when on duty must be strictly observed.
26. In case of danger, the guests shall be duly urged to leave the rooms. In such a case, the attendants must open all exits and urge the guests to leave the house as fast and quiet as possible by utilising all free exits. In case of malfunction of the loudspeaker system, the order will be given by means of an acoustic alert signal. In case of  unfounded anxiety, the attendants have to calm down the guests and urge them to stay in their seats.
27. All attendants (stewards) must be familiar with these Rules of the House, and they must guarantee that the regulations of these Rules of the House are observed.
28. The organiser shall be obliged to take all measures necessary to guarantee physical safety of all persons that take part in the event. The official supervisory persons must be provided with the name and the address of the event manager before the beginning of the event.
29. Non-observance of the regulations of the approved Rules of the House is subject to the sanctions of the Styrian Event Act in its valid version. Irrespective of further steps, infringing persons can be requested to immediately leave the premises. If necessary, the order to stay away from the Stadthalle/Hall A can also be affected. Persons, who enter the rooms or premises of the Stadthalle Graz/Hall A despite the order to stay away from the Stadthalle/Hall A, are to be banished from the house or the premises without reimboursement of the ticket price.
Graz, August 2008
Messe Congress Graz
Betriebsgesellschaft m.b.H.
 

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