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The terms and conditions contained herein are
intended by OPTIONS Eurocongress UK Ltd to serve
the best interests of WCA2008, the exhibitors
and the delegates, and to give notice to
applicants and exhibitors of governing rules and
regulations.
OPTIONS Eurocongress UK Ltd shall have full
authority to interpret or amend these terms and
conditions, and its decision is final.
Exhibitors and applicant companies agree to
abide by any terms and conditions that may
hereafter be adopted, which shall be as much a
part as though originally incorporated. All
issues not addressed herein are subject to the
decision of OPTIONS Eurocongress UK Ltd. These
terms and conditions have been formulated in the
best interest of all exhibitors.
The exhibitor understands and agrees that the
information contained in this Trade Information
document and the Terms and Conditions of OPTIONS
Eurocongress UK Ltd are an integral and binding
part of the Exhibition Space Contract and of the
Advertising/Sponsorship Contract. Furthermore,
the signing of the Exhibition Space Contract
and/or the Advertising/Sponsorship Contract
indicates understanding and agreement to comply
with all policies, rules, regulations, terms and
conditions, and any others issued by OPTIONS
Eurocongress UK Ltd and the CTICC regarding
WCA2008; willingness to abide by the payment
policy; acknowledgment of having read OPTIONS
Eurocongress UK Ltd’s Terms and Conditions, and
agreement to distribute them for proper
execution to those individuals involved with
exhibiting.
CONTENTS
- Terms of reference
- Eligibility for and conditions
of participation
- Participation contract
- Exhibition space licensing
and allocation
- Use of exhibition space and
safety
- Insurance and liability
- Guidelines for symposia and
workshops
- Publicity
- Terms of payment and cancellation
policy
- Waiver
- Termination of participation
- Act of god (Force Majeure)
- Governing law and jurisdiction
- VAT
1. TERMS OF REFERENCE
In these Terms and Conditions the following
definitions shall apply:
“Contract” shall mean the contract established
between the Exhibitor, Sponsor, and/or
Advertiser, and the Organisers upon the
Exhibitor, Sponsor and/or Advertiser accepting
the offer of the Organisers to participate, upon
these Terms and Conditions, in the Event.
“Event” shall mean the 14th World Congress of
Anaesthesiologists (WCA2008) being held in Cape
Town, South Africa, on 02-07 March 2008.
“Exhibition” shall mean the Exhibition forming
part of the Event and as specified on the
Application Form.
“Exhibition Centre” shall mean the Cape Town
International Convention Centre (CTICC).
“Exhibition Space” shall mean any space in the
Exhibition Centre licensed to the Exhibitor by
the Organiser for the purpose of the Exhibition
and shall include shell (ready stand) spaces and
non-shell (raw) spaces.
“Participant” shall include Exhibitors, Sponsors
and Advertisers, the person being described as
such in the Application Form and all employees
and agents of such person and shall, if
applicable, also include permitted sub-licensees
of the Exhibitor.
“Exhibitor’s Manual” shall mean the manual
supplied by the Organisers to the Exhibitor,
which contains information relating to the
Exhibition and the Exhibition Space.
“Fees” shall mean the amount payable for the use
of the Exhibition and Advertising Space and
Sponsorship of the opportunities listed in this
prospectus.
“Organisers” shall mean OPTIONS Eurocongress UK
Ltd.
“Exhibition Centre Operator” shall mean the
owner/proprietor operator/manager of the
Exhibition Centre.
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2. ELIGIBILITY FOR and CONDITIONS OF
PARTICIPATION
The Organisers have absolute discretion in the
admission of Participants and reserve the right
to decline any application without giving any
reason.
The Participant shall, to the extent
appropriate, observe and comply, without
prejudice, with the rules and regulations of the
Exhibition Centre. Certain of the provisions
therein are summarised, for Exhibitor reference
but they shall not, under any circumstances, be
construed as limiting the obligations of the
Exhibitor to observe and comply with all
applicable rules and regulations of the
Exhibition Centre.
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3. PARTICIPATION CONTRACT
All applications for participants shall be
made on the prescribed Participation Contract.
The Contract shall be submitted to the
Organisers followed by the deposit for the
rental of the Exhibition Space as stated in
Point 9.
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4. EXHIBITION SPACE LICENCING AND ALLOCATION
Exhibition Space is licensed to the Exhibitor
for trade promotion purpose only for the
duration of the Exhibition. The Exhibitor is not
allowed to sub-licence the Exhibition Space
allocated to it, either wholly or in part,
without the prior written consent of the
Organisers. The Exhibitor shall ensure that any
such authorised sub-licence comply with theses
Rules and Regulations and shall be responsible
for any default of such sub-licence.
The Organisers have absolute discretion in
allotting space in the Exhibition and the
location of raw space and ready stands.
Ready stands are provided by the Organisers’
official contractor and are all erected
according to a standard pattern. No variation of
the standard fascia, lettering and carpet colour
will be permitted. Exhibits and displays should
not exceed the height of the stand walls unless
written permission has been received from the
Organisers.
An Exhibitor who is allocated a ready stand will
be provided with stand services as per the
schedule in the Exhibitor’s Manual.
Plans, drawings, and design proposals for raw
spaces must be submitted to the Organiser for
approval no later than Friday 7th December 2007.
Any Exhibitor must comply with, and any of his
stand design proposals conform to, the rules and
regulations of the Exhibition Centre and those
of any public authority or department of the
South African Government. The Exhibitor shall be
solely responsible for observing and complying
with the same and for obtaining all consents,
approvals, authorities; licences and the like as
may be requisite to its participation in the
Exhibition.
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5. USE OF EXHIBITION SPACE AND SAFETY
Animals
The use of live animals in an exhibit for any
purpose is not allowed.
Audio-Visual
The use of laser products at the Exhibition
requires prior written approval from the
Organisers. Application for approval of such
must be submitted no later than Friday 7th
December 2007.
No Exhibitor shall in any way engage in filming,
sound or video recording, any musical
performance (including the use of pre-recorded
music), telecasting and broadcasting unless
prior written approval has been given by the
Organisers. The Exhibitor acknowledges and
agrees that it shall be solely responsible for
obtaining any licences, permits, etc. which may
be required for it to broadcast, perform or
display any copy righted materials including,
but not limited to, music, video and software.
The Exhibitor shall indemnify, defend and hold
the Organiser from and against any and all
claims and expenses, including legal fees and
costs, arising out of or related to the
Exhibitor’s breach of this provision.
Bags
Distributing bags is permitted provided that the
bag is not a shoulder bag similar to those given
out at registration. The shoulder bag is a
sponsored item and is exclusive to this sponsor.
Care of Premises
No Exhibitor may alter or in any way affect the
structure or fixtures of the Exhibition Centre.
The Exhibitor must ensure that its displays are
properly spread and do not exceed the maximum
load limitations for the Exhibition Centre.
Exhibitors will pay the cost of making good any
damages caused to the Exhibition Centre or
fixture by themselves and/or their contractors
or sub-contractors. The Organiser reserves the
right to refuse admittance to any visitor to the
Exhibition.
Children
The Organiser does not allow children under the
age of 18 in the Exhibition Hall at any time.
Because of the professional nature of the
program and limited seating, children are not
allowed in the conference sessions at any time.
Code of Practice
Advertising at WCA2008 must comply with rules of
the International Chamber of Commerce’s Code of
Legal Practice in Advertising Matters.
Exhibitors or Exhibitor representatives must
conduct all marketing and promotional activity
within the contracted exhibition space.
Placement of signs or promotional materials in
any part of the convention centre outside of the
Exhibitor’s booth is prohibited without the
express written approval of the Organiser.
Exhibitors are not allowed to do the following,
and failure to observe this rule can result in
the immediate closing of the stand:
- Advertising that makes a direct comparison
with third party articles and/or products
- Distribution of flyers and/or promotion
material beyond the confines of the Exhibition
Space without the written approval of the
Organiser
- Exhibition material and stand furnishings
beyond the confines of the Exhibition Space
without the written approval of the Organiser
- All advertising which may in any way harm or
bother exhibitors or delegates
- Distribution of balloons filled with a gas
that is lighter than air
- Promotion of products other than those on
display and/or in another industrial and/or
business activity other than that of the
Exhibitor.
Demonstrations and Presentations on Stands
Demonstration areas must be organised within the
contracted exhibition space. Demonstration
tables must be placed a minimum of 1 metre from
the aisle. Should spectators or samplers
interfere with the normal traffic flow in the
aisle or overflow into neighbouring exhibits,
the Organiser reserves the right to have the
Exhibitor discontinue the activity.
Small company presentations are permitted within
the contracted exhibition space. However, the
size of these presentations is restricted to a
maximum audience of 12 people and all sound must
be relayed through headsets.
The Organiser offers small meeting rooms, as
well as workshop and symposium rooms, for all
company presentations in excess of 12 people.
Electricity Supply
Electricity, whether from the mains, batteries
or generators shall be supplied only by the
Organisers or its official Contractor. Only the
Exhibition Centre or its official Contractor may
make connections into permanent distribution
boxes. Order forms will be available in your
Exhibitor Manual.
Food & Beverages for Hospitality
Distribution of food and beverages from the
Exhibitor’s booth for hospitality is permitted.
All food, beverages, and supplies must be
purchased through the official caterer of the
Exhibition Centre.
Order forms will be available in your Exhibitor
Manual.
General Conditions - CTICC
The general conditions of the Exhibition Centre
governing show contractor and labour, fire code
compliance, electrical code compliance,
security, fixture damage, badges, tax code
compliance, music, fixture damage, and all other
general conditions, and compliance with the
rules and regulations of the CTICC must be
adhered to and are made a condition of this
Agreement. The Exhibitor agrees that the
Organiser is not responsible for any damages or
charges imposed for violation of any law or
ordinance, whether due to Exhibitor or agent of
Exhibitor. Exhibitors agree to abide by all
local laws, ordinances or regulations by the
respective governmental authority.
Giveaways
Exhibitors may provide small promotional items
to distribute to anyone visiting the Exhibitors’
booth in order to assist visitors in remembering
an exhibitor or a service offered. Exhibitors
may only offer gifts, preferably of educational
or scientific value, with a maximum value of
Twenty-Five Euros (€25). Gifts with a value of
not more than One Hundred and Twenty-Five Euros
(€125) are allowed for professional or patient
educational purposes, such as textbooks and CDs.
Product identification is permitted on
give-aways. Contests such as lotteries and
raffles must be submitted to the Organisers for
prior approval.
Good Conduct
During the licence period the Exhibitor shall be
responsible for the good conduct of its
employees, servants and agents, contractors and
sub-contractors who shall be bound by and must
observe these Terms and Conditions in all
respects. Inappropriate behaviour or undesirable
conduct including, but not limited to, verbal or
physical abuse, whether threatened or performed,
will not be permitted or tolerated. The
Organiser retains the right under this agreement
to remove any exhibitor from the premises who,
at the Organiser’s sole discretion, engages in
inappropriate, undesirable, or abusive
behaviour. Removal may also include the
termination of the Exhibitor’s licence to
exhibit, granted herein, and the closing and
removal of the exhibit. The Exhibitor hereby
waives any and all claims for damages against
the Organiser by reason of such removal.
Hanging Signs, Banners, or Graphics
Professionally designed banners may be displayed
in the contracted exhibition space. Hanging
signs and graphics are permitted in all standard
Peninsula and Island Booths in the Lion Zone.
Whether suspended from above or supported from
below, they should comply with all ordinary
use-of-space requirements. These must be fixed
and within the confines of the booth. Hanging
signs and graphics should be set back 3 metres
from adjacent booths. Order forms will be
available in your Exhibitor Manual.
Manning of Stand
The Exhibitor’s stand must be manned by an
authorised and competent representative of the
Exhibitor at all times during the Exhibition.
This representative must be fully conversant in
English, with the products and services of the
Exhibitor and shall be duly authorised to
negotiate and conclude contracts for the sale of
the Exhibitor’s products and services. Public
auctions shall not be permitted in the
Exhibition at any time.
Full particulars of stand personnel, agents and
representatives must be submitted to the
Organisers for approval and registration on or
before Friday 11th January 2008.
No-Smoking Policy
OPTIONS Eurocongress UK Ltd policy strictly
prohibits the use of tobacco products in all
areas of the Exhibition Centre (including during
installation and dismantling) and all hotel
meeting rooms hosting WCA2008 events. Exhibitors
are responsible for ensuring that all
individuals associated with the exhibiting
company comply with this policy.
Safety & Fire Regulations
All fire, electrical and safety laws and
regulations of the Exhibition Centre must be
strictly adhered to. Aisles, fire exits, fire
protection systems and security systems must be
kept clear and accessible at all times. No
storage behind exhibits is provided or
permitted. All materials used in the
construction and decoration of Exhibition stands
shall be flame retardant in accordance with
local regulations and be subject to inspection
by the Organiser or its appointed agent.
Relevant certificates of fire test, flame test
or fume test should be available for inspection
if requested.
Additional fire precautions may be required by
special cases by the Organiser or the local
authorities. Nothing should be done to
invalidate or adversely affect the fire or other
insurance policies covering the Exhibition or
the Exhibition Centre.
Exhibitors must comply with all city, state and
national fire and building codes that apply in
the Exhibition Centre and Cape Town, South
Africa. A full set of the Fire and Safety
Regulations can be provided upon request.
Security
Each Exhibitor is responsible for safeguarding
its goods, materials, equipment and exhibit at
all times during the Event. The Organiser
provides a security guard service for the
perimeter of the Exhibition Hall, but neither
the guard service nor the Organiser will be
responsible for loss of or damage to any
property. Additional security measures may be
required and shall be provided with the prior
approval of the Organiser and upon payment of
the necessary extra costs. A security contractor
nominated by the Organiser shall provide such
additional guards. Deliveries or removal of
equipment are only permitted during move-in and
move-out. The Organiser recommends that you do
not leave valuables in your booth unsupervised.
Order forms will be available in your Exhibitor
Manual.
Selling Products or Services
The WCA2008 exhibition programme educates
attendees by providing information, services and
products, and presenting industry trends
pertinent to the meetings industry. However, at
no time may the exhibit or product display be
altered to fulfil a transaction. No signage or
advertising of product pricing will be allowed.
Counterfeit goods exhibited at the show will not
be allowed and the Organisers have the right
without recourse to physically remove the items
and close down the stand of the said Exhibitor.
The Exhibitor will not have any financial claim
against the Organisers.
Set-up and Dismantle Information
The Exhibitor shall set-up to the Exhibition
Space according to the arrangements and within
the time limits specified by the Organisers.
The official contractors nominated for the
Exhibition must handle movements of exhibits in
and out of the Exhibition Centre. No exhibit
will be allowed into or out of the Exhibition
Centre without any official delivery order or
clearance document. The costs of transporting
goods to and from the Exhibition Centre,
receiving, storing, decorating and removing its
exhibits are to be born entirely by the
Exhibitor.
No stands or exhibits shall be dismantled before
the official closing time of the Exhibition on
the last day of the Exhibition unless the
Organisers have given special permission.
All exhibits and stand material shall be removed
immediately after the closing of the Exhibition
according the time limits specified by the
Organisers. The Exhibitor shall vacate and
return the Exhibition Space to the Organisers in
as good and clean order as it was when initially
licensed out. Any exhibits or stand materials
left behind at the Exhibition Centre shall be
deemed to be abandoned and shall be disposed of
at the expense of the Exhibitor concerned.
At such time after the close of the Exhibition
as the Organisers may specify or on sooner
termination of the Contract, all exhibits shall
be removed and cleared from the Exhibition Space
and vacant possession of the Exhibition Space
shall be delivered to the Organisers in as good
and clean order and condition as it was when
initially licensed out. Any property remaining
after the last day designated by the Organisers
for material to be removed may be sold or
otherwise disposed of by the Organisers at the
Exhibitor’s expense.
Stand Alteration
Repairs or alterations to the stand or display
may only be carried out after the Exhibition is
closed to the public and with the prior
agreement of the Organisers.
The Organisers reserve the right at any time to
order the alterations or removal of any stand
which differs from the approved specifications
or which does not conform to the rules and
regulations of the Exhibition Centre. The cost
of such alteration and removal shall be entirely
borne by the Exhibitor.
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6. INSURANCE AND LIABILITY
The Exhibitor should ensure that there is in
existence prior to its seeking access to the
Exhibition Centre, a valid insurance policy
satisfactory to the Organisers covering (but not
limited to) theft, fire public (including
occupier’s) liability, damage to property and
effects, personal injury, consequential loss,
pecuniary and pain and suffering damages
occurred in any part of the rented premises and
any such other risks and natural causes. This
insurance policy shall provide an overall
indemnity of not less than the equivalent of
Three Million Euros (€ 3,000,000). The
Organisers shall be entitled to inspect any such
insurance policy and receipts for premium at any
time.
Companies involved in assembling and decoration
of stands are required to have a previous
credential, which implies the presentation of an
insurance policy for civil and professional
liability, covering damage caused in the
premises or to a third party and possible damage
due to stoppage of the Exhibition Centre’s
activities, for the amount of Five Hundred
Thousand Euros (€ 500,000).
The Exhibitor undertakes to indemnify and at all
times thereafter to keep indemnified the
Organisers, its employees and agents on demand
against all claims, liabilities, losses, suits,
damages, judgements, expenses, costs and charges
of every kind arising out of the default or
negligence of, or any damage caused by, the
Exhibitor or its contractors or sub-contractors.
All exhibits are brought to, displayed and
removed from the Exhibition Centre at the
Exhibitor’s own risk and should be safeguarded
by the Exhibitor at all times.
The Organiser shall not be responsible for any
error or omission relating to the Exhibitor, its
equipment, products or services in the listings
in the Exhibition’s Official Directory, Final
Programme or in any promotional material.
The Organisers shall not be held responsible in
any manner whatsoever for the consequences of
any introduction or commercial transaction made
during or as the result of the Exhibition.
If any Exhibition is cancelled or postponed due
to any Act-of-God (Force Majeure) events, the
Fees may be reduced by such amount as the
Organisers may, at their absolute discretion,
think fit. The Exhibitor shall have no claim
whatsoever for compensation for loss or damage
suffered of additional expenses incurred as a
result of any cancellation, postponement, and
alteration in character or reduction in scale of
the Exhibition. Generally, participation by the
Exhibitor in the Exhibition is solely at the
Exhibitor’s own risk.
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7. GUIDELINES FOR SYMPOSIA AND WORKSHOPS
It is preferred that at least 60% of the
programme of a Sponsored Satellite Symposium or
workshop must have general scientific content
and not more than 40% may be related to any
specific drug or equipment. If this condition is
not met, any publicity should state clearly and
prominently that the general educational content
is less than 60%. A tentative title and a
provisional list of speakers must be submitted
in advance to the chairman of the scientific
committee who is responsible for controlling the
scientific content of the Symposia and
Workshops. The final structure of the Symposium
or Workshop must be submitted in writing to the
Chairman of the Scientific Committee no later
than Friday 7th December 2007.
The Fee charged does not cover any services
outside those listed in this Trade Information
document. The Organiser shall not cover the
costs arising from the audio-visual extras;
invitations, travel, accommodation or
registration fees for any party concerned; or
any such cost as yet undetermined.
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8. PUBLICITY
The Participant shall not disclose,
appropriate or use any technical or confidential
information regarding the business or affairs of
the Organisers or any of the other Participants
in the Event acquired by way of the
Participant’s contract to participate in the
Event.
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9. TERMS OF PAYMENT AND CANCELLATION
POLICY
Payment must be made within 30 days of the
date of the invoice or sooner if indicated on
the invoice.
Any late payment (i.e. receipt of money by
organisers beyond the due date stipulated on
invoice) will be subject to a penalty of 21%APR
on the total amount invoiced. No Participant
will be allowed to participate or have access to
the Event should both of the payment instalments
not have been received by the Organisers prior
to the Event and within the stipulated deadline.
The signed Contract is irrevocable. In the event
of abandonment by the Participant, notified to
the Organisers by registered Letter with receipt
on or before Friday 9th November 2007, there
will be a refund of 50%. Should such
communication be given after Friday 9th November
2007, the Participant must pay the full amount
of the participation fee. In this case and if
applicable, the Organisers can make use of the
stand even by assigning it to other Exhibitors.
Any Participant, who serves notice of
abandonment without having paid the down-payment
as required, will be required to pay 50% of the
total fees due, if the said notice is received
on or prior to Friday 9th November 2007; the
Participant will be required to pay the entire
sum due if the notice is received after this
date.
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10. WAIVER
No waiver by the Organisers of any of the
provisions of these Rules and Regulations or of
any of its rights hereunder shall have effect
unless given in writing and signed by the
Organisers.
The waiver by the Organisers of any of these
Rules and Regulations shall not prevent the
subsequent enforcement of these Rules and
Regulations and shall not be deemed to act as a
waiver in respect of any subsequent breach.
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11. TERMINATION OF PARTICIPATION
The Organisers shall have the right to
terminate without notice a Participant’s right
to participate in the Event upon occurrence of
any of the following events:
a) If the Participant or any of its
representatives commits a breach of any of these
Rules and Regulations
or
b) If the Exhibition Centre and/or the
Exhibition Space becomes unfit for occupancy and
use or the Exhibition is cancelled
or
c) If the holding of the Exhibition or the
performance of this Contract by the Organisers
is substantially or materially interfered with
due to any cause or causes not reasonably within
the control of the Organisers
or
d) If the Organisers believe that the
Participant conducts an activity that does not
conform to the nature and purpose of the Event
or if proper use is not being made of the
Exhibition Space during the installation period
or at any time during the term of the Exhibition
or
e) If the payment of Fees is not made by the
Participant in accordance with Point 9
or
f) If the Participant is, for any reason, unable
to meet his contractual obligations.
In the event that a Participant’s right to
participate in the Event is terminated under
Point 11 a), b), c), d), e), or f) the
Participant shall have no claim for refund of
any fees paid to the Organisers.
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12. ACT OF GOD (Force Majeure)
Should events beyond the reasonable control of
either the Organiser or the Participant occur,
including, but not limited to acts of God, war
(declared or undeclared), strikes/labour
disputes/labour unrest, governmental regulation,
civil disturbance, terrorism, disaster, fire,
earthquakes, hurricanes, unreasonable extreme
inclement weather, curtailment of transportation
facilities, public utility failure, declaration
of a “High” or “Severe” risk of terrorist attack
by the Foreign and Commonwealth Office of the UK
government, issuance of a travel advisory for
South Africa (and specifically Cape Town) by the
World Health Organization, or any other
comparable condition, making it inadvisable,
illegal or impossible for either the Organiser
or the Participant to perform their obligations
hereunder, the affected party may cancel the
WCA2008 (in the case of the Organiser) or the
Participation Contract (in the case of the
Participant) without liability for any one or
more or such reasons upon written notice to the
other. In addition, all deposits and
pre-payments made by the Participant shall be
promptly refunded for any service not yet
rendered at the time of cancellation. In the
case of cancellation because it is “inadvisable”
for the Participant to perform its obligations,
the Organiser shall have the right to demand
that the Participant demonstrate a reasonable
basis for the claim of inadvisability. The
Organiser and Participant agree that general
conditions affecting the travel industry in Cape
Town at the time of contracting would not be
grounds for cancellation pursuant to this
provision. If one party invokes the act of God
(Force Majeur) clause, whilst the other party
refuses it, then it is agreed that an impartial
party will adjudicate as quickly as possible.
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13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed
and construed in all respects in accordance with
the laws of England and the Participant
irrevocably submits to the non-exclusive
jurisdiction of the English courts.
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14. VAT
WCA 2008 has received a ruling from the South
African Revenue Service that states that the
congress will not be considered for South
African VAT purposes. This implies that no
South African VAT identification number will
be given and no South African input VAT
incurred in the framework of the
organisation of the congress can be
recovered. Importantly, this means that,
even if a VAT number were awarded, non-South
African based clients of the congress would
not be able to recover the 14% input VAT
charged.
Unfortunately, this ruling has been issued
after the initial congress budget and sales
literature had been compiled, thus enforcing
a revision of these items. It has been
decided by WCA 2008 that the rates charged
for corporate items be increased to offset
the non-recovery of South African input VAT.
Given that the 14% input VAT, that would
have been charged on invoices for exhibition
and sponsorship, would have been
non-recoverable, WCA 2008 has decided that
the afore-mentioned increase be 12%. This is
clearly less than 14%; thereby representing
a 2% saving on the total cost to all
non-South African based clients.
A copy of the ruling is available from
OPTIONS Eurocongress upon written request.
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