1. Preliminary
The European Film Market (EFM) is one of the official sections of the Berlin International Film Festival (Berlinale). The Berlinale legally constitutes a division of the Kulturveranstaltungen des Bundes in Berlin GmbH (KBB), and is funded by the Federal Government Commissioner for Culture and the Media upon a decision of the German Bundestag.
2. Registration
Participation in the EFM is only permitted to registered professionals, particularly producers, distributors, film financiers, cinema operators, buyers and sellers as well as representatives of the TV, home entertainment, and new media market.
Any representative of a company renting a stand at the EFM (hereafter named individually “the Exhibitor” or collectively “Exhibitors”) will have to register through the Festival’s Accreditation Department even if they receive a free Market Badge.
3. Data Protection
Address and contact details submitted will be published in official Festival and EFM publications, including for example the „Who’s Where“, the Exhibitors, Buyers and Participants Lists (print or online version), and the Screening Report (provided to Exhibitors) based on EFM Screenings attendance.
4. Conditions of Payment
The conditions of payment and deadlines for each instalment are set out in the rental contracts. All payments must be made by either bank transfer or credit card.
Due to the reinforcement of financial data protection, all communication concerning credit card data have to be made only per fax or regular post and in no way via electronic communication. Any data electronically transmitted will be automatically erased and can not be processed.
In the case of late payment of any instalment of the stand rental fee, the Exhibitor:
- Will forfeit any right to previously agreed discounts for the stand rental.
In the case of non-payment of invoices at the date due despite the sending of a formal reminder, the EFM reserves the right:
- To cancel the respective stand rental contract with immediate effect. In such case, the Exhibitor remains obliged to fully comply with the payment obligations under the stand rental contract.
- To exclude the Exhibitor from participation in the EFM and to cancel their badges at its sole discretion.
- To charge the Exhibitor with a penalty of 20% of the total amount due.
5. Conditions of Stand Rental
a) Position of stands/offices:
The reservation of an exhibition space at the EFM does not guarantee a specific space in terms of the actual position of the stand. The EFM will decide on distribution of stands taking into consideration the overall layout of the EFM and the nature of the Exhibitor’s activities. The EFM will do its best to fulfil the Exhibitor‘s requests in terms of stand/office size and location and will endeavour to give priority to companies returning from year to year, however, without the guarantee of the same space being available each year. The EFM reserves the right to make the final decision regarding the size and location of each stand/office at its own discretion, as well as to change or move or change stands if necessary without the Exhibitor being able to request reimbursement of the stand/office rental fee.
b) Manning of stands/offices during the EFM:
The EFM will take place from February 9-17, 2012. Stands/offices must be set up in time for the opening of the EFM. Dismantling cannot start before 2pm on the last day of them EFM (which is February 17, 2012).
Stands/offices have to be manned and operated by at least one of the representatives of the Exhibitor during the opening hours of the EFM and for its entire duration.
MGB: In case of non compliance with the above rule, i.e. if the Exhibitor chooses to leave before the official end of the EFM, the stand must be left fully decorated and any rubbish must be cleared away before departure. The costs for taking down posters, clearing away publicity material and, if applicable, shipping them back to the Exhibitor at the end of the EFM, will be fully charged to the Exhibitor by the EFM.
Marriott: Please check details for minimum and maximum length of stay with our staff in charge.
c) Sharing a stand / sharing fee:
The EFM permits several companies sharing a stand as follows:
c.1) Two companies sharing a stand still constitute an individual stand. The stand rental contract needs to be signed by the main contractual partner, and the European Film Market charges an additional fee of 250€ to the second company.
c.2) If three or more companies share a stand, this constitutes an umbrella stand, which is subject to a different rate per m² (see stand rental contract for details) and the following conditions:
- the rental contract for the umbrella stand needs to be signed by the designated main contractual partner who is solely responsible for its execution, payment of all invoices and ordering furniture and equipment for the entire stand,
- the main contractual partner agrees to provide the EFM with a full list of sharing companies by a date specified by the EFM,
- each sharing company has to pay a sharing fee of 250€ in return for which it will be listed with a separate entry in the Official EFM Catalogue and web site and on signage.
d) Liability of the Organiser:
The premises of the EFM are under surveillance day and night throughout the EFM.
However, the EFM is not liable for any theft of property (private or rented) and it is expected that Exhibitors take all necessary measures to protect any objects of value especially video cassettes/DVDs, laptops and other portable items. The EFM reserves the right to charge Exhibitors for any damage to stand construction/offices, equipment and furniture. Exhibitors are strongly advised to provide for sufficient insurance; we recommend both a public liability insurance as well as a trade fair insurance.
6. Cancellation Policy
Upon signature of the rental contract, the EFM will issue the Exhibitor with an invoice for a down payment of 20% of the total rental fee, which is due within 2 weeks of receipt of the invoice. This payment is not refundable under any circumstances and will be kept as compensation in case of a cancellation before November 30, 2011. The reservation of the stand/office will only be confirmed once the down payment has been received in full by the EFM.
For any cancellation received between November 30 and December 15, 2011, the compensation fee will amount to 50% of the total rental fee. For cancellations after December 15, 2011 the full amount of the rental fee will be due.
7. Exclusion
The EFM reserves the right to bar/exclude the Exhibitor or any of its representatives on a temporary or permanent basis in case of an infringement of any article of the present General Terms and Conditions for Stand/Office Rental as well as the overall EFM Regulations which the Exhibitor has agreed to upon signature of the rental contract, without reimbursement of the rental fee or any other fees paid until that stage. The EFM also reserves the right to cancel the Exhibitor’s representatives’ badges and refuse them to enter the EFM locations.
8. Jurisdiction
The legal relationship between the EFM and the Exhibitor is construed in accordance with the Laws of the Federal Republic of Germany. Any lawsuit between the Exhibitor and the European Film Market will be under the sole jurisdiction of the courts of Berlin.