In this contract the following definitions shall have the following meanings:
“the Contract” The agreement between the Organiser and the Stallholder comprised by these terms and conditions (with any modification as may be agreed in writing) and the booking form (if used).
“the Authority” The relevant local, regional or national government office or council; emergency service; Government Department or body or any other competent authority having jurisdiction in respect of the locality in which the Venue is located or any activity connected with the Fair.
“the Charges” The total fees payable for the Pitch or Pitches.
“the Fair” The ANtiques & Collectors Fair held at Alexandra Palace
“Venue” All the buildings, land, premises and facilities located at Alexandra Palace
“Fair Manager” The person or persons so designated by the Organiser to run the fair.
“Stallholder” The person named on the booking form or the person allocated a Pitch.
“Pitch” The stand, space or area made available and allocated to the Stallholder.
“Organiser” APACF Ltd together with all its personnel and agents.
“Owner” All persons having any proprietary right or interest in or over the 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.
“Person” Includes any individual, company, sole trader, partnership or other legal entity.
Nature of the Contract
No Pitch will be reserved or treated as allocated and no Contract shall exist until the Stallholder has paid their charges in full.
The Contract constitutes a licence to occupy 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.
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 Stallholder and shall be under no liability to the Stallholder whatsoever as the result of the happening of any of the following events:
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, pandemic, lockdown, the non-availability of the 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;
The Organiser shall be entitled to exercise all or any of the rights, powers or discretions conferred on it by these terms and conditions without assigning any reason and (unless otherwise provided) in such a manner as, in the Organiser’s view, is in the best interests of the Fair.
In no circumstances shall the exercise by the Organiser of any of these rights, powers or discretions give rise to any claim against it.
The Organisers reserve the right to change the dates and/or location of a fair.
Stallholders’ liability on cancellation
All requests for cancellation must be submitted to the Organiser in writing and depending on when the same is received by the Organiser:
Pitch cancelled before due date for payment: no charge;
Pitch cancelled 1 calendar month or less before the fair or due date for payment: NO REFUND OR CREDIT WILL BE GIVEN;
Pitch booked and paid for within 1 calendar month before the Fair and subsequently cancelled will not receive any refund or credit.
Entitlement to occupy the Pitch
In no circumstances will any Stallholder be permitted to occupy a Pitch if the Charges have not been paid in full.
Should any Stallholder be prevented from occupying its Pitch for this reason the whole of the Charges due under the Contract shall be immediately recoverable by the Organiser.
The Organiser shall be entitled to utilise the Pitch allocated to such an Stallholder in such a manner as the Organiser thinks fit.
Use of Pitch
The Organiser reserves the right to refuse to admit or to expel from the Venue any Stallholder 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 and Collectors Fair.
Only the Stallholder named on the booking shall be allowed to their pitch
The Stallholder may not sublet their space to any third party
Should a Stallholder be found to be subletting, the Stallholder and their subletter shall be removed from the Venue without recourse to the Organiser
Right of entry
The Organiser and the Owner and those authorised by them respectively have the right to enter the 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.
Admission to the Fair and Ticket Arrangements
The Organiser reserves the right to refuse to admit or to expel from the Venue any person at any time notwithstanding that person’s possession of a valid ticket or pass and the Organiser will not be obliged to refund any Charges paid.
Each pitch entitles entry for 2 Stallholders and one vehicle.
A receipt for payment will not be acknowledged unless specifically requested.
Passes will be sent to Stallholders 7-10 days before the Fair date but only if the Charges have been paid in full.
Each vehicle pass will admit 2 people travelling in one vehicle.
If you travel separately you must advise the office in advance.
For late bookings and where some or all of the Charges remain unpaid documentation will be retained and can be claimed at the gate upon payment of any balance due in cash as the case may be.
It is the responsibility of the Stallholder to ensure that gangways adjacent to its Pitch are kept free from obstruction during the whole of the time the Venue is open for the purposes of the Fair and so far as practicable during the setting up and dismantling of the Fair. The Orgniser is not liable for damage to any stock that is left outside the parameter of an Stallholders pitch.
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 Stallholder or terminate the Stallholder’s Contract.
On standard pitches and wall pitches, only tables supplied by the Organiser can be used.
Any Stallholder who is seen using their own tables shall be asked to take them down and remove them
Failure to comply will result in the Stallholder being asked to leave the Fair, without recourse to the Organiser
Delivery and removal of sale goods, displays and fittings
Prior to the opening date the Organiser will notify Stallholders of the times when goods for sale or display maybe received at the Venue or removed from it.
Only those entrances and exits specified by the Organiser may be utilised.
Stallholders must accept as final the ruling of the Organiser with regard to the short and long term parking of delivery and other vehicles.
In the event that the Organisers or the Authorities shall require a vehicle to be removed then Stallholders are deemed to consent to the same and the Organiser shall accept no responsibility for any damage, fines or charges thereby caused or incurred.
Conduct of Stallholders
The Stallholder must conduct itself in such a manner as shall not in the view of the Organiser cause disturbance to any other Stallholder, visitor or the Organiser and shall not create any disturbance, loud noise or obstruction or behave in a way which in the view of the Organiser is unnecessary or unacceptable.
Any person who does not comply with these requirements shall be liable at the discretion of the Organiser to be removed from the Venue and refused re-admission during the period of the Fair.
Risk and insurance
Each Stallholder attends the Fair entirely at their own risk.
Stallholders are required to hold valid and relevant insurances
The Stallholder 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 Stallholder’s Pitch and anything permitted, omitted or done thereon or there from during the period of the Fair or during the construction and dismantling period.
The Organiser will take such precautions as it may consider appropriate for the proper running of the Fair but will not at any time be responsible for the loss of, or damage to, or safety of any Pitch, sale goods or displays or other Property of an Stallholder, or any other person under any circumstances.
The Stallholder shall do nothing to jeopardise the current insurance policy or policies of the Venue or the agreement between the Organiser and the Owner regarding the use of the Venue and the Stallholder shall in all cases comply with any requirements of the Fire Officer, Security, Stewards or other Authorities concerned.
Dangerous materials, appliances and electrical equipment
No naked lights, flamable gasses, oil lamps or temporary gas or electrical fittings may be used at the Venue in the selling area and only British Standard approved appliances for use in caravans may be used therein.
No kitchen appliance can be used in the Venue
The Organiser reserves the right to confiscate any appliances it considers to be a danger or potential danger and any appliances so confiscated will only be returned to the Stallholder upon departure from the Fair. All electrical equipment should be PAT tested.
STallholders shall not offer any food, drinks or edible products for sale
In the general interests of the Fair, Stallholders must ensure their Pitches are at all times kept clean and free from rubbish to the satisfaction of the Organiser.
Stallholders must remove all rubbish from their pitch on its vacation
Stallholders may be liable for additional costs if they leave electrical items or an excessive amount of rubbish on their pitch.
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 Stallholder for any losses, costs or damage if any such services shall wholly or partially fail or cease to be available nor shall the Stallholder be entitled to any rebate or allowance in respect of the Charges due or paid under the Contract.
A standard & wall Pitch will be provided with one table
A double standard & wall Pitch shall be provided with two tables
A triple standard & wall Pitch shall be provided with three tables
A furniture Pitch shall consist of approximately 12 square metres of marked out space only, as marked on the floor at the Venue
Power is not provided as standard to any pitch
Power may be available for a surcharge, as advised by the organiser
Removal by Stallholders
Stallholders are responsible for the complete removal from the Venue of all goods, displays and other materials together with all waste and rubbish in accordance with the directions of the Organiser.
Should any Stallholder 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 Stallholder who shall be liable to indemnify the Organiser in respect of all costs and expenses thereby suffered or incurred.
The Organiser reserves the right to specify the time at which individual Pitches shall be cleared.
Notwithstanding instructions issued specifically for the closure of the Fair, security of sale or display goods, Pitch furniture and all property of Stallholders at all times including during the dismantling period is wholly the responsibility of the Stallholder and the Organiser will not be responsible for any loss or damage suffered or incurred.
Indemnity by Stallholders
The Stallholder 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 Stallholder 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 Stallholder 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.
Sale of particular items
The Orgniser reserve the right to ask an Stallholder to remove any items from their stand that are not acceptable to the Organiser or that may cause offence.
It is inevitable from time to time problems do arise and it is the Stallholders’ responsibility to bring these to the Organiser’s attention in early course so that matters can be investigated contemporaneously and dealt with appropriately.
The Stallholder should immediately report any complaint to the Organiser by attending at the Organiser’s office at the Venue.
If the Stallholder feels that any problem has not been satisfactorily resolved at the Venue then the Stallholder should expeditiously write to the Organiser setting out clearly and precisely the matter complained of whereupon it will be investigated and dealt with appropriately.
Compliance with requirement with the Authorities and the Law.
In addition to these terms and conditions, the Stallholder must comply with the requirements of the insurance policies of the Owner, Venue and Organiser and all other provisions in force from time to time applicable to the Fair, the Stallholder and/or any of the sale goods, displays or services the Stallholder wishes to include in the Fair and where applicable with any regulations issued by the Owner in force at the time of the Fair.
Exemptions from any of the terms and conditions may be granted at the Organiser’s discretion. No exemption given by the Organiser will be effective unless it is in writing.
Invalidity governing laws etc
The Contract shall be governed by and constructed in accordance with the laws of England.
No failure or delay by any person in exercising any right, power or privilege under these terms and 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 other right, power or privilege.