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Download Luxembourg Art Week Fair General Terms & Conditions as PDF
Last update: 04.09.2024
INTRODUCTION AND SCOPE
Luxembourg Art Week S.A., with registered seat at 4, rue Wiltheim L-2733 Luxembourg, (hereinafter, Luxembourg Art Week or we, us or our) is committed to ensure a safe environment for all participants of its annual fair organized in the Grand Duchy of Luxembourg (the Fair).
The present terms & conditions (hereinafter, the Terms and Conditions) apply to:
· any natural person or legal entity visiting the Fair buying tickets through the dedicated webshop or receiving an invitation as a guest of the Partner or Exhibitor (hereinafter, the Visitor(s) or you);
· any natural person or legal entity receiving, sending or managing invitations to the Fair through the invitation platform, as partner of Luxembourg Art Week (hereinafter, the Partner(s) or you) or as an art gallery selected to present and sell artworks at the Fair (hereinafter, the Exhibitor(s) or you).
By purchasing a ticket, or accepting an invitation, and then visiting the Fair, you are deemed to have accepted these Terms & Conditions.
In case of disagreement with these Terms & Conditions, you must refrain from participation in the Fair.
ARTICLE 1 – ROLE OF LUXEMBOURG ART WEEK
A. Luxembourg Art Week’s purpose is to serve as a platform and facilitator, and to create favourable conditions for you at the Fair for viewing, exhibiting, buying and selling works of art, as well as purchasing tickets and sending and managing invitations to the Fair.
B. For the avoidance of doubt, Luxembourg Art Week does not provide transport services and is not responsible for transport of the works of art to and from the Fair.
C. In aiming to achieve the objectives described in paragraph A of this article, Luxembourg Art Week, through its committee, facilitates the selection process of the Exhibitors admitted to exhibit artworks at the Fair, and uses reasonable efforts to contribute to the selection of the artworks permitted to be exhibited at the Fair (the Selection Committee). However, responsibility for the entire process of selection, exhibiting, buying and selling works of art remains with the Exhibitor selling and the Visitor buying any given artwork offered at the Fair. Visitors are urged to exercise care and to make appropriate enquiries to perform appropriate diligence and consult their own professional art or tax advisors. Luxembourg Art Week shall not be liable in any way for any act or omission attributable to an Exhibitor and/or with respect to the works of art exhibited at the Fair.
ARTICLE 2 – SALE OF TICKETS
A. Tickets may be purchased by connecting to the online webshop accessible through Luxembourg’s website and hosted by a third-party provider.
B. Luxembourg Art Week is not liable for any mistakes or errors made by third parties in offers, communications or other information regarding the contents, duration, and organisation 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.
C. Luxembourg Art Week is not liable for any unauthorised access, use, loss or disclosure of information provided in connection with any ticket sales.
D. Tickets to the Fair are non-refundable.
E. Luxembourg Art Week does not permit the sale or resale of entrance tickets other than by Luxembourg Art Week directly or if applicable, by a Luxembourg Art Week designated seller or authorised distributor of entrance tickets.
F. Visitors may be denied access to the Fair if entrance tickets were obtained through channels other than those referred to in paragraph above.
G. All tickets to the Fair are personal (including invitations and VIP cards). Visitors may also be asked to show valid proof of identity at the entrance of the Fair.
ARTICLE 3 – INVITATIONS
A. Exhibitors and Partners shall receive documented guidelines from us explaining how manage invitations prior to using the Luxembourg Art Week invitation platform hosted by a third-party provider.
B. All guests need to present a valid invitation with a QR code at the entrance, otherwise, they may be denied access to the Fair.
ARTICLE 4 – CANCELLATION, TERMINATION, POSTPONEMENT OR ADAPTATION OF THE FAIR
A. Luxembourg Art Week reserves the right to cancel the Fair, the related ticketing webshop and invitation platform, postpone them or adapt its operations (including but not limited to reducing the duration of the Fair or changing its venue), if Luxembourg art Week, in its sole discretion determines such action to be necessary.
B. Such actions could result, for example, from a force majeure including but not limited to war, political unrest, strike, flood, communicable disease, fire, robbery, financial crisis, breakdown, suspension of transportation facilities or incapacity to build the ephemeral premises of the Fair or a major part thereof, an order by governmental authorities or any other event not attributable to Luxembourg Art Week that prevents or hinders Luxembourg Art Week in organising or operating the Fair in the normal course.
C. If the Fair is cancelled, postponed or changed for any reason, Luxembourg Art Week shall be released from its duty to perform the affected obligations, and you shall have no right to make a claim against Luxembourg Art Week for performance or termination of contract or for compensation for any loss or damages whatsoever, other than refund of the ticket price.
ARTICLE 5 – DURING THE VISIT TO THE FAIR
A. By attending the Fair, Visitors accept and subject themselves to Luxembourg Art Week’s rules and safety regulations detailed in the article 6 (“Safety and security regulations”) below. Visitors shall comply with instructions given by security and other officials of Luxembourg art Week or parties engaged by Luxembourg Art Week. Security personnel reserve the right to inspect all bags, as well as the visitors themselves.
B. Visitors acting in a manner contrary to applicable law and regulations, Luxembourg Art Week’s rules and regulations referred to in paragraph A of this article, any other section of these Terms & Conditions, and/or Visitors whose behaviour at the Fair or otherwise gives rise to good faith complaints from other Visitors, Exhibitors, the direction and the staff of Luxembourg Art Week (the Management), may be removed immediately from the Fair by Luxembourg art Week, and may be denied further and/or future access to any future Fair, without being entitled to a refund of the entrance fee or other costs, and may be held liable by Luxembourg Art Week for any loss or damage incurred. Luxembourg Art Week 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 Luxembourg Art Week has a good faith reason to anticipate such violation, it being Luxembourg Art Week’s right in all circumstances to protect the reputation of the Fair, Luxembourg Art Week or any of the Exhibitors. Luxembourg Art Week may issue a press statement, or otherwise express itself in publicity, at any time as Luxembourg Art Week sees fit, in order to maintain the orderly conduct of the Fair. Luxembourg Art Week is not liable for any loss or damage sustained by Visitors as a result of actions taken by Luxembourg Art Week consistent with the foregoing.
C. The overall purpose of the Fair is to allow Visitors to view and buy artworks as displayed by Exhibitors in a legitimate manner, and, in that context, to foster business relations between Visitors and Exhibitors. Visitors are not permitted to enter the Fair for any other purpose, in which case paragraph B of this article applies in full.
D. Unless objection of the relevant Exhibitor, Visitors are permitted to take photos at the Fair for personal use only and consistent with the purpose of the Fair. The Management may decide that the use of recording equipment (such as photo /audio/video) is permitted only if certain conditions are met (for example if the Visitor is escorted by a Luxembourg Art Week employee or representative). Flashes, extendable camera devices or video recordings are strictly prohibited. Luxembourg Art Week officials are authorised 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. Luxembourg Art Week is not liable for loss or damage relating to any stored recording equipment. Luxembourg Art Week, accredited press or third parties may make or commission video, photographic and/or sound recordings of the Fair.
E. Right to Image: By attending the Fair, you consent to being photographed or filmed for promotional or commercial purposes without further consent or compensation. We aim to minimize recognizability by taking photos from behind or in profile. If you pose for a group photo, this will be considered consent. If you do not wish to be photographed or filmed, please ask for a red sticker at the « Info Point » upon arrival and place it prominently on the upper part of your chest. If you see yourself in media and wish for it to be removed, email us with the relevant link(s). For details, see our Privacy Policy at (https://luxembourgartweek.lu/en/pages/privacy-policy).
F. All exists are final except for VIP card holders.
ARTICLE 6 – SAFETY AND SECURITY REGULATIONS
A. Visitors to the Fair are required to comply with Luxembourg Art Week's safety and security regulations at all times. Visitors are not permitted to:
Security Rules
· Bring and/or carry oversize luggage and works of art for appraisal, any item(s) that might cause damage (e.g. firearms, self-defence and/or any sharp items), recreational wheeled devices (e.g. segways, rollerblades, skateboards, bicycles, scooters, etc.) or drones.
· Bring and/or carry dogs and other pets, except for certified service animals upon justification.
Cloakroom
· Carry and bring backpacks and umbrellas in the hallways and booths. Such items can be deposited at the cloakroom.
· Carry and bring oversize luggage, suitcases, trolleys of any size. Such items cannot be deposited at the cloakroom. For the avoidance of doubt Luxembourg Art Week is not liable for stolen items and/or any items deposited in the coat check areas.
· Only one bag is allowed. Smaller bags can be taken into the Fair but will be subject to inspection.
Others
· Organise or attend unofficial guided tours of the Fair;
· Smoke in the Fair premises or outside the expressly designated smoking areas;
· Bring professional recording equipment (photo/audio/video) to the Fair or use such equipment at the Fair.
B. Visitors to the Fair are expected to conduct themselves in a manner that respects the safety, enjoyment, and well-being of all Exhibitors and Visitors. Luxembourg Art Week expressly prohibits any form of disturbance or protest within the premises of the Fair or in its immediate vicinity.
C. Visitors are not permitted to engage in activities that may disrupt the peaceful atmosphere of the Fair, including but not limited to:
1. Organising, promoting or participating in protests, demonstrations, or rallies.
2. Blocking pathways, entrances, or exits so as to impede or impact the flow of foot or other traffic.
3. Distributing or displaying literature, flyers, banners, or other materials related to any political, social, or controversial cause without written prior written authorisation from Luxembourg Art Week.
4. Engaging in aggressive or confrontational behaviour.
5. Utilising loudspeakers, megaphones, or any other amplifying devices for the purpose of making speeches, chants, announcements or otherwise disrupting the Fair’s ambiance.
6. Any individual found in violation of this provision may be subject to immediate removal from the premises of the Fair without being entitled to a refund of the price of admission tickets or other costs and may be barred from attending future events hosted by Luxembourg Art Week.
ARTICLE 7 – LUXEMBOURG ART WEEK INFORMATION MEDIA
A. Luxembourg Art Week makes available any information communicated to it by the Exhibitors on any of its media by which Luxembourg Art Week publicly distributes information in respect of the Fair, such as its online catalogue, Website, newsletter, printed material and social media (hereinafter, the Luxembourg Art Week Information Media).
B. The Luxembourg Art Week Information Media may include information in particular, but not limited to, information relating to the description, attribution, provenance, title, condition, authorship, origin, date and reference of an artwork as well as the Exhibitor’s program. Such information is provided on behalf of, and is the sole responsibility of, the applicable Exhibitor. Accordingly, Luxembourg Art Week does not warrant the correctness of such information provided on the Luxembourg Art Week Information Media. Luxembourg Art Week recommends that Visitors seek independent advice regarding the subject matter referred to above in this paragraph from their own professional art or tax advisors before making a purchase from an Exhibitor.
C. Additionally, Luxembourg Art Week shall have no liability for incorrect, incomplete or missing entries or entries in Luxembourg Art Week Information Media infringing third party rights.
ARTICLE 8 – COMPLAINTS AND CLAIMS
A. A claim by a Visitor will only be considered by Luxembourg Art Week if received in writing by the Management no later than two (2) 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 Luxembourg Art Week.
B. Complaints and circumstances relating to acts or omissions of third parties or beyond the control of Luxembourg art Week shall not result in claims or in any obligation of Luxembourg Art Week to pay compensation. Complaints regarding third parties should be addressed directly to the third party or parties concerned. Luxembourg Art Week will supply the relevant name and address information of an Exhibitor to a Visitor upon request.
ARTICLE 9 – LIABILITY OF LUXEMBOURG ART WEEK
A. Consistent with article 1 above (“Role of Luxembourg Art Week), and in addition to the limitation of liability as set out in these Terms & Conditions, Luxembourg Art Week, its employees and representatives, including, without limitation, the members of the Selection 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 artwork that was brought to the premises of the Fair and/or proposed at the Fair by an Exhibitor at the Fair. This responsibility and liability remain solely with the Exhibitor and with the Visitor buying an artwork. As noted above, Luxembourg Art Week recommends that Visitors seek independent advice about these matters from their own professional advisors before making an art purchase.
B. You attend the Fair and use the ticketing webshop and invitation platform at your own risk. Luxembourg Art Week is not liable for physical, material or other loss or damage caused by force majeure or third parties, whether or not these third parties are contracted by Luxembourg Art Week, including but not limited to stand builders, caterers, editors/authors of Luxembourg Art Week Information Media, security personnel, Exhibitors, other Visitors and the Selection Committee or its members.
C. Under no circumstances shall Luxembourg Art Week or any of its employees or agents be liable for consequential damages for any reason whatsoever.
D. In any event, liability by Luxembourg Art Week or any of its employees or agents is limited to the damages for which Luxembourg Art Week is insured and up to the insured amount.
ARTICLE 10 – APPLICABLE LAW AND JURISDICTION FOR VISITORS OF THE FAIR
A. The relationship between you and Luxembourg Art Week and all disputes arising therefrom are governed exclusively by the Luxembourg laws. In the event of a dispute, we discuss in good faith in order to solve such dispute in connection with the present legal relationship, or further relationships or contracts resulting therefrom.
B. If it is established that mutual solution cannot be found, the dispute shall be settled exclusively by the competent court in the city of Luxembourg.
ARTICLE 11 – MISCELLANEOUS
A. All issues not expressly provided for in these Terms & Conditions are to be decided by Luxembourg Art Week alone, in compliance with any applicable law.
B. Invalidity of one or more of the provisions set out in these Terms & Conditions 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.
C. The headings in these Terms & Conditions have been included for easy reference only and are not intended for interpretation purposes of any clause of these Terms & Conditions.
ARTICLE 12 – AMENDMENTS
If we decide to amend or change in any way these Terms & Conditions, the updated version will be posted on this page, with the effective date so that you are aware of such changes. You are encouraged to visit this page periodically, in order to be informed about of any amendments.
ARTICLE 13 – CONTACT INFORMATION
In case of questions regarding these Terms & Conditions, you may contact us by email at contact@luxembourgartweek.lu or by letter addressed to Luxembourg Art Week S.A., 4, rue Wiltheim L-2733 Luxembourg, Luxembourg.