ARTICLE 1 - DEFINITIONS
In these Conditions for Visitors, the following terms are defined as set forth below:
Article: an article of the Conditions for Visitors.
Conditions for Visitors: these TEFAF General Terms & Conditions for Visitors.
Executive Committee: the executive committee of TEFAF.
Fair: a fair organized by TEFAF in the respective Hall. References to “the Fair” are deemed to be references to any applicable Fair.
Hall: the premises where the Fair takes place, namely the Park Avenue Armory, located at 643 Park Avenue, New York, NY or MECC Maastricht, the Netherlands, or any other such place where the Fair may take place from time to time.
Management: the CEO of TEFAF and his/her staff.
Participant: an art gallery or other entity renting a stand from TEFAF at the Fair.
TEFAF: The European Fine Art Foundation, with registered seat in Maastricht, The Netherlands or TEFAF NEW YORK, LLC, a limited liability company, with an address at 1 Rockefeller Plaza, 11th Floor, New York, NY 10020.
TEFAF Information Media: any media by which TEFAF publicly distributes information in respect of the Fair, including the online catalogue, a smartphone app, the TEFAF website, printed material and social media regarding the Fair.
Vetting Committee: the 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.
Visitor: a natural person or legal entity visiting the Fair in the Hall, unless such person or entity is present at the Fair as a Participant or contractor of TEFAF and only while acting in that capacity.
ARTICLE 2 – ROLE OF TEFAF
- In organizing a Fair, TEFAF’s purpose is to serve as a platform and facilitator, and to create favorable conditions for Visitors and Participants at the Fair for viewing, exhibiting, buying and selling works of art.
- TEFAF does not have any ownership interest in works of art exhibited at the Fair, and has no interest as either a seller or purchaser of works of art exhibited at the Fair. Moreover, TEFAF is not involved in any way in the process of buying and selling works of art during the Fair. Similarly, 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 described in paragraph 1 of this Article, TEFAF, through the Vetting Committee, facilitates the selection of the Participants permitted to exhibit art at the Fair, and uses reasonable efforts to contribute to the selection of the works of art permitted to be exhibited at the Fair. However, responsibility for the entire process of selection, exhibiting, buying and selling works of art remains with the Participant selling and the Visitor buying any given object offered at the Fair. Visitors are urged to exercise care and to make appropriate enquiries to perform appropriate diligence and consult their own professional advisors. TEFAF shall not be liable in any way for any act or omission attributable to a Participant and/or with respect to the works of art exhibited at the Fair.
ARTICLE 3 – ACCEPTANCE OF THE REGULATIONS
The Conditions for Visitors apply to all legal relationships between TEFAF and the Visitor to the Fair, and to all actions related to that relationship. By purchasing a ticket, or accepting an invitation, and then visiting the Fair, the Visitor is deemed to have accepted the Conditions for Visitors.
ARTICLE 4 – SALE OF TICKETS
- TEFAF is not liable for any mistakes or errors made by third parties in offers, communications or other information regarding the contents, duration, and organization of the Fair, or for mistakes of third parties in providing information about ticket prices, presale of tickets and/or other incorrect or unclear information pertaining to any of the subject matter of this paragraph 1. TEFAF is not liable for any unauthorized access, use, loss or disclosure of information provided in connection with any ticket sales.
- Tickets to the Fair are non-refundable.
- TEFAF does not permit the sale or resale of entrance tickets other than by TEFAF directly or by a TEFAF designated seller or distributor of entrance tickets.
- Visitors may be denied access to the Fair if entrance tickets were obtained through channels other than those referred to in paragraph 3 of this Article.
- All tickets to the Fair are personal (including invitations and VIP cards). Visitors may be asked to show valid proof of identity.
ARTICLE 5 - CANCELLATION, TERMINATION, POSTPONEMENT OR ADAPTATION OF THE FAIR
- TEFAF may cancel the Fair, postpone it or adapt its operation (including but not limited to reducing the duration of the Fair or changing its venue), if TEFAF, in its sole discretion determines such action to be necessary.
- Such actions could result, for example, from 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 governmental authorities or any other event not attributable to TEFAF that prevents or hinders TEFAF in organizing or operating the Fair in the normal course.
- If the Fair is cancelled, postponed or changed for any reason, TEFAF shall be released from its duty to perform the affected obligations, and Visitors shall have no claim against TEFAF for performance or termination of contract or for compensation for any loss or damages whatsoever, other than refund of the ticket price.
ARTICLE 6 – DURING THE VISIT TO THE FAIR
- By attending the Fair, Visitors accept and subject themselves to TEFAF’s rules and safety regulations. Visitors shall comply with instructions given by security and other officials of TEFAF or parties engaged by TEFAF.
- Visitors acting in a manner contrary to applicable law and regulations, TEFAF’s rules and regulations referred to in paragraph 1 of this Article, any other section of these Conditions for Visitors, and/or Visitors whose behavior at the Fair or otherwise gives rise to good faith complaints from other Visitors, 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 any Fair, without being entitled to refund of the entrance fee or other costs, and may be held liable by TEFAF for any loss or damage incurred. TEFAF is entitled to remove a Visitor from the Fair and/or deny further access to any Fair, if a Visitor, while visiting the Fair or otherwise, violates one or more applicable regulations, or if TEFAF has a good faith reason to anticipate such violation, it being TEFAF’s right in all circumstances to protect the reputation of the Fair, TEFAF or any of the 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 of actions taken by TEFAF consistent with the foregoing.
- The general purpose of the Fair is to allow Visitors to view and purchase art objects as displayed by Participants in a legitimate manner, and, in that context, to foster business relations between Visitors and Participants to the fair. Visitors are not permitted to enter the Fair for any other purpose, in which case paragraph 2 of this Article applies in full.
- Visitors are not permitted to:
a. offer goods for sale or distribute goods free of charge to third parties at the Fair;
b. bring pets or other animals into the Fair, with the exception of service animals for Visitors with disabilities, but only with permission from TEFAF;
c. bring food and/or beverages into the Fair;
d. bring bags larger than 12 inches x 16 inches (or 30 x 40 centimeters), backpacks or umbrellas into the Fair;
e. bring jewelry in bags or cases into the Fair without reporting the jewelry before entering the Fair;
f. bring art or antiques into the Fair, for example for valuation, selling or offering for sale;
g. organize or attend unofficial guided tours;
h. bring objects or substances into the Fair that are, in the opinion of a TEFAF official, hazardous or may cause a nuisance to Visitors and other persons;
i. smoke in the Fair outside the designated smoking areas; or
j. bring professional recording equipment (photo/audio/video) to the Fair or use such equipment at the Fair.
- As long as the relevant Participant does not object, Visitors are permitted to take photos at the Fair for personal use only and in connection with a potential acquisition of art, and consistent with the purpose of the Fair. The Management may decide that the use of recording equipment (photo /audio/video) is permitted by TEFAF only if certain conditions are met, for example if 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 in storage during their visit to the Fair if recording equipment is used in violation of these regulations. Visitors refusing to cooperate may be denied further and/or future access to the Fair without being entitled to refund of the entrance fee or any other costs. TEFAF is not liable for loss or damage relating to any stored recording equipment. 6.a. TEFAF or third parties may make or commission video, photographic and/or sound recordings (“Recordings”) of the Fair, including Recordings of Visitors attending the Fair, for many purposes, including but not limited to reporting, advertising and documentation. By attending the Fair, each Visitor consents to his or her image being captured and used, and each Visitor hereby grants to TEFAF and its licenses (and any assignees) a worldwide, irrevocable, royalty-free license and permission to reproduce and display his or her image, name, likeness, and voice in any and all media for any purpose associated with the Fair, TEFAF, and TEFAF’s other events, if any. Images, names, likenesses, and voices may be edited or otherwise modified. 6.b. TEFAF or third parties may make or commission video, photographic and/or sound recordings of the Fair.
- Article 6.a. only applies to Visitors of the Fair in New York. Article 6.b. only applies to Visitors of the Fair in the Netherlands.
ARTICLE 7 – SAFETY AND SECURITY REGULATIONS
The 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 - in particular, but not limited to, information relating to the description, quality, authenticity, attribution, provenance, title, condition, authorship, origin, date, age and condition of a work of art - is provided on behalf of, and is the sole responsibility of, the applicable Participant. Accordingly, TEFAF does not warrant the correctness of such information provided in the TEFAF Information Media. TEFAF recommends that Visitors seek independent advice regarding the subject matter referred to above in this paragraph 1 from their own professional art advisors before making a purchase from a Participant.
- Additionally, TEFAF shall have no liability for incorrect, incomplete or missing entries or entries in TEFAF Information Media infringing third party rights.
ARTICLE 9 – COMPLAINTS AND CLAIMS
- A claim by a Visitor will only be considered by TEFAF if received in writing by the Management no later than four (4) weeks after occurrence of the event on which the claim is based. Complaints or claims received by the Management after this period will not be accepted by TEFAF.
- 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 of 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 of a Participant to a Visitor upon request.
ARTICLE 10 – LIABILITY OF TEFAF
- Consistent with Article 2 above, and in addition to the limitation of liability as set out in Articles 2.3, 4.1, 6.2, 6.3, 6.5 and 8.2, TEFAF, its employees and representatives, including, without limitation, the members of the Vetting Committee shall not be liable in any way for claims, actions, proceedings, losses, liabilities, damages, expenses and costs in relation to the description, quality, authenticity, attribution, provenance, title, 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 with the Visitor buying a work of art/an object. As noted above, TEFAF recommends that Visitors seek independent advice about these matters from their own professional advisors before making an art purchase.
- Visitors attend 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, security personnel, Participants, other Visitors and the Vetting Committee or its members.
- Under no circumstances shall TEFAF or any of its employees or agents be liable for consequential damages for any reason whatsoever.
- In any event, liability by TEFAF or any of its employees or agents is limited to the damages for which TEFAF is insured and up to the insured amount.
ARTICLE 11A – APPLICABLE LAW AND JURISDICTION FOR VISITORS OF THE FAIR IN NEW YORK
- The relationship between the Visitor and TEFAF and all disputes arising therefrom shall be governed by the laws of the State of New York. Disputes that cannot be settled amicably between the parties shall be submitted to the exclusive jurisdiction of the courts of New York County, New York, and the parties irrevocably consent to the jurisdiction of such courts, and waive any claims of inconvenient forum, in connection with all such disputes.
ARTICLE 11B – APPLICABLE LAW AND JURISDICTION FOR VISITORS OF THE FAIR IN THE NETHERLANDS
- The relationship between the Visitor and TEFAF and all disputes arising therefrom are governed exclusively by the laws of The Netherlands. Parties will try to solve any dispute that may arise between TEFAF and a Visitor in connection with the present legal relationship, or further relationships or 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.
ARTICLE 12 – MISCELLANEOUS
- All issues not expressly provided for in these Conditions for Visitors are to be decided by TEFAF alone, subject to applicable law.
- Invalidity of one or more of the provisions set out in these Conditions for Visitors will not render any other provision hereof invalid. To the extent that any restriction hereunder is too broad to permit enforcement of such restriction to its fullest extent, such restriction shall be enforced to the maximum extent permitted by law.
- The headings in these Conditions for Visitors have been included for easy reference only and are not intended for interpretation purposes of any clause of these Conditions for Visitors.