TERMS & CONDITIONS

Terms and Conditions

 

These terms and conditions are set out by Blackpool Promotions Limited

 

INTERPRETATION

 

The definitions and rules of interpretation in this clause apply in this agreement.

 

Chalet/Stall: that part of the Event Site allocated to the Trader by the Organiser for use during the Event;

 

Charges: the sums payable for the Space and the attendance at the Event including any sums payable for services supplied to the Trader by the Organiser prior to, during or after the Event;

 

Deposit: the sum specified in the payment Schedule;

 

Event: the event organised or managed by the Organiser, Blackpool Promotions Ltd, which the Trader wishes to attend, also known as the Market and Christmas and Winter Gardens Wonderland Market;

 

Event Site: means that part of the Blackpool Town Centre and the Blackpool Winter Gardens areas where the Event is to take place;

 

The Organiser : Blackpool Promotions Ltd (BPL)

 

Organiser's Equipment: all heaters, chalets, marquees, other constructions, materials, stores, equipment, plant or machinery belonging to, or under the control of, the Organiser that are made available to the Trader to be used in connection with the Event;

 

Trader : the person named on the Application form;

 

Stand/Stall/Space: the chalet, stall, building, or other construction provided by the Organiser or Trader for use by the Trader during the Event;

 

Trading Name: the name to be used for the Trader at the Event as provided on the Application form;

 

VAT: value added tax chargeable under English law for the time being and any similar additional tax;

 

Clause headings shall not affect the interpretation of this agreement.

 

The Application Form and the information contained in the Trader Information Pack form part of this agreement.

 

1.TRADER APPLICATIONS

 

1.0 Applications

 

By signing the application form the Trader warrants that the information supplied on the

Application Form is true and accurate. Any errors or omission may result in an offer being

withdrawn. It is the responsibility of the Trader to inform The Organiser of any changes in the information provided on the application form. The Organiser will not be held responsible for any correspondence which does not reach the trader due to a change of contact details.

 

Completed application forms must be returned to The Organiser via the digital application form by the given deadline together with all requested paperwork either attached to the form or via christmas@blackpoolpromotions.com

 

Application forms must be clearly filled in as all the information provided will be used for

correspondence.

 

All applicants must read these terms and conditions prior to filing their application and are deemed to have accepted them on submission of an application to The Organiser.

 

Applicants must also ensure their staff members have read the Terms & Conditions.

Please note that chalets cannot be secured by or obtained from a third party under any

circumstances.

 

1.2 Selection

 

Applications are put before a selection panel. There is no guarantee that the offer of a place this year will guarantee one next year.

 

The submission of an application form and payment does not constitute an offer of a chalet.

The Organiser may grant or refuse any application for space and allocate space at its absolute discretion. The Organiser may cancel any space or part of any space at any time, including during the event, where the Trader is in breach of the terms of this agreement in any way.

 

THE DECISION OF THE SELECTION PANEL IS FINAL AND BINDING .

 

The Organiser will not enter into any correspondence regarding reasons as to why an application has not been successful.

 

 

 

 

1.3 Offers and declined applications

 

Successful applicants will be emailed with an offer of a chalet, although we cannot guarantee that it will be in your preferred area. Unsuccessful applicants will be informed by email.

 

1. Offer acceptance

 

To accept, you must acknowledge the offer of a chalet within one day of the offer being made. If we do not hear from you by this date, your offer will be withdrawn. On receipt of your acceptance your 1st instalment payment will need to be made. Once the deposit has been received your place is confirmed and cancellations cannot take place and you will be liable for all rent.

 

1.5 Payment

 

The payment schedule set out in the Trader Information Pack and below, must be adhered to at all times. Failure to adhere to the payment schedule will result in interest being added to future invoices and an administration charge of £100 +VAT.

 

1. Chalet & allocation

Chalets will be 3 x 2.4m, a very limited number of larger Chalets 4.5m x 2.4 may be available, please enquire for details. All Chalets located within the Winter Gardens will have close-off sheets on velcro. The exterior Chalets will be lockable with removable panels. Each Chalet will be provide with one interior light.

Traders wishing to bring their own Chalets, must request this upon application by email with all the details, and The Organiser will confirm if this is possible.

Traders will be required to decorate their allocated Chalets appropriately; The Organiser can install a simple decoration to the exterior for a cost of £50 plus VAT. 

 

Whilst every care is taken to meet traders’ requirements, we regret that under no circumstances can allocations be changed once finalised. Chalet allocation is at the discretion of The Organiser.

 

The submission of an application and associated payment for a prime location or specific chalet does not constitute an offer of a prime location or specific chalet. There is limited availability of these chalets and their allocation will be solely at the discretion of The Organiser. 

 

All prime location chalets are subject to a surcharge. Please note that we reserve the right (at our sole discretion) on any day to direct that you occupy another chalet. The Organiser will allocate chalets to maximize the best overall layout and appearance of the market.

 

Furthermore, The Organiser reserves the right, at our sole discretion, to change the layout plan of the market and trader chalet locations as it deems necessary and without any prior notice and for the entire market period or any part of it.

 

 

 

 

 

 

 

2. LEGAL COMPLIANCE, INDEMNITY & DISCLAIMER

 

2.1 Written communication

 

The principle means of communication between The Organiser and the Trader will be mainly electronic. You agree to electronic communications and acknowledge that all contracts, notice and other communication that we provide electronically comply with any requirement that they must be in writing. This does not affect your statutory rights.

Communications sent by The Organiser to the Trader by email will be deemed received by you immediately upon sending. The Organiser will not be obliged to seek any acknowledgement of receipt from you in respect of such emails. We will not be liable to you for any delay or failure of delivery (for whatever reason) of any such email. If The Organiser have addressed such communications to the trader’s email address, then we will not have breached any duty of confidentiality owed to you, even if they are seen by any other person as a result. Communications sent by you to us by email will be deemed received by us upon actual receipt by a system under our control.

 

2.2 Insurance

 

The Organiser holds Public Liability Insurance in respect of our own activities. All traders must hold their own Public Liability Insurance with minimum cover of £5,000,000.

 

Traders must also have Product Liability and, where appropriate, Employers Liability covering the period: 19th November 2021 – 4th January 2021 inclusive. Traders must supply copies of their Public Liability and Insurance policy to The Organiser upon application. 

 

Traders will not have access to their chalet without this documentation.

Any Traders using their own chalet must provide relevant insurances to cover the installation, use of and removal of the unit. This will include a separate Risk Assessment and Method Statement for the installation of the unit.

 

2.3 Environmental Health & Trading Standards

 

Traders are expected to comply fully with relevant legislation in respect of Trading Standards, Consumer Protection, Food Safety, Health and Safety and requirements of the Environmental Health Department of Blackpool Council. Chalets will be inspected during the Market and those deemed not to comply with relevant regulations may be shut down.

All applications for catering stalls must provide details of registration with their local authority and be familiar with the information contained within the leaflet produced by the Institute of Environmental Health (IOEH) called IOEH National Guidance for Outdoor and Mobile Catering, or any subsequent publication and provide full HACCP documentation.

 

 

 

 

 

For information regarding Trading Standards, please visit:

https://www.businesscompanion.info/en/in-depth-guides

 

If you have any other concerns, please feel free to contact Blackpool Council Trading Standards.

 

2.3.1 Response to COVID 19 Health and Safety guidelines

 

All traders taking part in the Winter Gardens Wonderland Christmas Markets will be asked to adhere to the relevant and current at the time of the event Government guidelines on the management of risk around COVID 19 infection. 

 

As part of your application for 2021 we may ask that you submit a risk assessment for

COVID 19 infection mitigation for staff as well as customers, if required at the time of the event. Traders can find a sample template in the NMTF guidelines.

 

This risk assessment must include but not restricted to Staff Training on COVID 19 infection prevention Handwashing Supply and use of PPE including when staff leave the stand

 

Working practice in confined space

Workspace management and cleanliness

Suppliers and produce deliveries

Internal signage for public protection

Payment methods

Restricting staff movement on site

All food retailers will be asked to update their HACCP policies using the guidance outlined by the FSA. 

 

In the unlikely event that this event is cancelled due to COVID 19, all monies paid to the organiser will be retained and the traders booking will be automatically transferred to the 2022 event.

 

 

 

2.4 Equipment

 

The Organiser will provide external and limited internal lights only. No fast-strobing lights are permitted. All electrical equipment, including new items, must be in good condition and have a current PAT certificate. All gas equipment (where agreed and permitted) must be covered by an up-to-date gas certificate issued by registered gas engineer (Gas Safety Register). These certificates must be available for inspection by our health and safety officer at the Market and included in your application. Failure to provide the relevant certificates will result in the equipment not being installed or being removed until it has been checked and certified by our contract staff at the trader’s expense. All gas bottles must be kept to a maximum of 4 canisters per hut and stored in a self-contained storage unit. Please note we do not allow any space heating appliances, such as fan or convection heaters.

 

2.5 Fire precautions

 

Traders selling items with a potentially high fire risk i.e. products that have a naked flame, must ensure that they produce a risk assessment with their application and will be duly approved or not; copies of this must be available at the Market for the health and safety officer to inspect and you must provide their own suitable fire extinguisher for your Stall.

 

The use of propane gas, or paraffin heaters is not permitted on Stalls.

 

2.6 Indemnity

 

Traders shall indemnify and keep The Organiser, Blackpool Winter Gardens (Blackpool Entertainment Company Limited) and Blackpool Council (and their respective employees and agents) indemnified from and against all actions, costs (including legal fees), claims or demands in respect of any accident, damage, death or injury to any person or property arising directly or indirectly from the trader’s use of the chalet or out of any breach of these Terms and Conditions.

 

2.7 Disclaimer

 

To the maximum extent permitted at law, you agree that The Organiser and Blackpool Winter Gardens (Blackpool Entertainment Company Limited) and Blackpool Council (and their

respective employees and agents) are not responsible or liable for any financial losses, or for any loss or damage to your equipment, goods or personal belongings or for any personal injury to you or any party working for or connected to you.

The Organiser will not be held responsible for any theft of goods at the event; it is the trader’s responsibility to have appropriate cover.

 

The Event is partly an outdoor event and may be affected by rain and natural weather conditions in general. The Organiser shall accept no liability in respect of any act caused by the weather or an act of God or an act of nature.

 

Under no circumstances shall The Organiser be liable to the Trader for any of the following whether in contract, tort (including negligence) or otherwise:

 

● any indirect or consequential losses;

● loss of revenue or anticipated revenue;

● loss of savings or anticipated savings;

● loss of business opportunity;

● loss of profits or anticipated profits; or

● loss of wasted expenditure.

 

3. TRADER BOND

 

A payment of £600 (£500 plus VAT) will be required from each trader that is occupying a chalet at the Winter Gardens Wonderland event. The bond will only be returned at the end of the Christmas Market if none of the Terms and Conditions have been breached.

Below is a list of actions that will result in part of your bond being withheld;

 

ALL TRADERS

 

● Opening after the advertised opening times

● Closing before the advertised closing times

● Trading items that were not on your initial application pack (without prior permission from The Organiser)

● Driving vehicles on site after the access times outlined in the application pack

 ● Driving vehicles on site without a vehicle pass

● Disposing of any waste in an inappropriate manner

● Any waste left on site that The Organiser is required to remove

● Any damage caused to The Organiser’s equipment / assets (including the trading chalets) ● Any chalets left in an undesirable condition at the end of the trading period

● Loss of any keys / locks to the chalets that had been provided by The Organiser 

● Tampering with any of The Organiser’s equipment

● Persistently hassling the other traders at the market

● Any trader found to be in breach of their RAMS or insurances

● Any trader found to be breaking the T&Cs outlined in this document

● Any additional electrical item added that wasn’t on traders power plan 

● Any trader adding in an electrical item (without prior permission from The Organiser)

(Spot checks will be taking place)

 

CATERING TRADERS

 

● Selling any catering item (drinks or otherwise) in a glass bottle

● Disposing of grey waste in an undesirable manner

● Selling of items not advertised in the initial application pack (without prior permission from The Organiser)

● Causing damage to the hut through hut activities and significant dirt and grease

(for example) left from operating catering equipment.

 

4. TRADER CONDUCT

 

4.1

All traders must attend the safety briefing upon collection of your keys / allocation of chalet on first day. All staff employed by traders must be made aware of the information given at the safety briefing. Failure to comply with this poses a Health and Safety issue and may result in the forfeit of the trader bond.

 

4.2 

Traders shall co-operate and comply with all reasonable requests and all other rules and regulations that may be advised from time to time by The Organiser acting through the Duty Managers and Stewards, as well as any Security, Emergency Services and Blackpool Winter Gardens (Blackpool Entertainment Company Limited) and Blackpool Council officers and all other official organisations on site.

4.3

Traders shall not make any alterations or additions to any chalet without our prior consent. No building out or alterations to the external structure of chalets will be permitted. No external extensions to the roofs will be allowed and no adornments will be allowed on any roofs without our prior consent. All shelving, extra tables, and display cabinets must be provided by the traders. Should you need to attach screws or nails to the chalet structure, then this is only permitted on the upright metal frame, and not the horizontal slats of the chalet. Anything attached to the chalets, including all pins, nails and screws must be removed before you leave the Christmas Market. Failure to comply with the above will result in the forfeit of the trader bond.

4.4

Traders must not overload their chalet doors with displays as this may cause the chalet doors to drop. Traders will be charged for all remedial work required on the chalet doors and any damage found to be caused by the exhibitors. Repeated callouts for repairs to damage caused by traders will result in the forfeit of the trader bond.

4.5

Traders must not place or hang goods beyond the boundaries of the chalet without prior agreement of the organisers.

4.6

Chalets must be occupied by no later than the prescribed opening time on each Market day and remain open until the prescribed time for closure. Failure to comply with the prescribed opening/closing times will result in fines of £50 per incident and repeated occurrences will result in the loss of the exhibitor bond.

4.7

Traders must ensure they hold enough stock to trade for the full duration of their agreed trading period.

4.8

Traders are not allowed to use any public-address systems, or other practices which may cause annoyance to other traders and customers. No trader will be allowed to play music in or around their chalet.

4.9

Traders are only permitted to sell merchandise on their chalet as listed on their application form and which has been approved by The Organiser. Traders will be required to remove any undeclared items.

4.10

No animals or pets are allowed on site and any animals brought onto site will be removed at your own expense.

 

 

4.11

Traders are not permitted to make any video recordings or broadcast of the event without prior agreement with The Organiser.

4.12

Traders must refrain from smoking anywhere within the Market site. Traders who are found smoking within the market area will forfeit their bond and may be removed from the site.

4.13

Traders must agree to return all required documents that pertain to setting up to The Organiser when submitting their application. Failure to adhere to this may result in delay in issuing chalet keys / allocation of chalet or having access to power.

4.14

Traders must ensure that all persons working on the stall are lawfully entitled to work for the Trader and where a person is not a UK citizen, have all visas, permits or other authorisations as required.

4.15 

The Organiser reserves the right to expel any person from the Event Site where The Organiser in its absolute discretion believes that their conduct or presence may be prejudicial to the operation of the Event, or the enjoyment of the Event by other Traders or visitors. The Organiser does not accept any liability for loss of trading in the event that a person is removed from site.

4.16

No demonstration of exhibits may take place in a nature likely to cause obstruction in any gangway, footpath, and walkways or interfere with the business of other Traders. Any such activity must be stopped at the direction of The Organiser.

4.17

The trader is responsible at all times for the condition of equipment hired/loaned from The

Organiser and or Contractors. The Organiser and or Contractors will require immediate

compensation for any loss or damage.

4.18

Traders must vacate their chalet by 9am on the day following the final day trading of the Event. The trader will be liable to pay for a full day’s chalet rental for any day or part day goods are not removed. If the goods have not been removed after the close of the Event The Organiser will dispose of such goods and the trader will be liable for any associated costs.

4.19

Traders must ensure that any products being sold does not breach trading standards.

 

5. USE OF THE SITE

 

5.1 Disposables

All food containers, packaging, plates and cutlery etc. should be constructed of biodegradable materials such as paper and wood. Drinks containers should be recyclable; recyclable plastic is preferable to biodegradable plastic. There is to be NO GLASS catering containers handed out to any members of the public during the duration of the market. Anyone caught doing so will forfeit their trader bond and excluded from the event.

5.2 Authorised vehicles

There will be no trader vehicle movement on site two hours before the Market opens for trading in the morning. Once the Market has opened for the day’s trading there can be no vehicle movement in the site.

Blackpool Council will issue a parking fine to any vehicle contravening the above conditions. Blackpool Council reserves the right to remove, forcibly if necessary, any unauthorised or illegally parked vehicles or those causing an obstruction. There is no space for refrigerated vehicles or other storage on site.

5.3 Waste disposal

Traders are expected to keep their chalet and surrounding areas as clean as possible throughout the Market. Facilities for general and recycling waste will be provided. All boxes must be collapsed when disposed of. Those who do not take advantage of these facilities or fail to comply with any waste disposal requirements may forfeit their trader bond. Cardboard boxes must not be stored either beside or behind any chalets at any time, as this poses a fire risk. All waste must be placed into the large bins provided.

All Catering Traders are required to provide a maintained bin during opening hours. This must be kept in a clean and tidy manor and not be overflowing at any time.

No waste of any sort is to be disposed of in any outdoor drains or culverts, any trader found

disposing of waste in this way will be subject to an immediate fine of £500 plus VAT which must be paid before they will be permitted to continue trading at the market.

There is a limited water supply onsite. To remove waste from your event you will require a current Waste Carriers Licence or use a registered company. Wastewater should not be disposed of on the site or by use of the storm drains

 

 

5.4 Electricity

If an electric fault is caused by a trader’s faulty equipment or by exceeding the power supply

allocated, the costs incurred by The Organiser to do any remedial work will be passed onto the trader. This will be payable immediately by credit card.

The maximum Power Allocation for Chalets will be as follows:

 

•    Regular 3m x 2.4m Chalet – 1 standard plug

  • Larger 4.5m x 2.4m Chalets: –  2 standard plugs

  • All Chalets will be charged £50 + VAT per week (pro-rota) for power

 

By special agreement, an additional supply can be fitted. These costs will be confirmed depending on requirements detailed in the Trader Application Form.

All additional electricity supplies must be requested prior to 15th October 2021.

All electrical equipment used on site at the Winter Gardens Wonderland must have a valid PAT certificate. This includes all used and new items (unless a receipt is provided to prove the item is brand new or within 1 year of purchase).

5.5 Liquefied Petroleum Gas (LPG) 

Gas appliances (once permission is granted) should be fitted and tested by a competent person and certificate required

LPG cylinders should be in a fire-resisting lockable compartment (with 1⁄2 hour fire resistance).

Compartments must have adequate ventilation at high and low levels

Cylinders should be fitted with automatic cut-off valves and be protected from tampering

All cylinders should be kept away from heat and ignition sources

All pipes and fittings should be as short as possible with appropriate crimp or compression fittings (not slip-on fittings)

All pipes should be protected from abrasion or mechanical damage (armoured if subject to

temperatures over 50°C)

All pipes should be renewed every two years

All gas appliances must be fitted with a flame failure device and adequately ventilated All

fryers should be fitted with an automatic high temperature-limiting device (operates at a fat

temperature of 250°C or lower)

Suitable signs indicating "Caution – LPG" and "Highly Flammable” should be displayed

 

5.6 Security

 

There will be overnight security; however, traders who choose to leave product or equipment in their chalets overnight do so entirely at their own risk. The Organisers will not be liable for any products that are left behind after the Market closes.

 

6. Use of Data

 

6.1

The trader gives permission for exhibitor contact details to be stored on an electronic storage and retrieval system which will be created for the exclusive use of those involved in the organisation of the Winter Gardens Wonderland. It will not be used by any third party without prior consent.

 

6.2

The trader gives permission for trader contact details as product description, as indicated on the application form above, to be published on our website and in any Winter Gardens Wonderland publications.

 

6.3

The trader agrees to The Organiser releasing the name and business address of the Trader to any person complaining about any service or products supplied by the Trader.

 

7. Cancellations

 

7.1

We reserve the right to delay, cancel or terminate the Market without notice in the event of

adverse weather conditions, emergency situations or any other reason beyond our reasonable control.

7.2

We further reserve the right to immediately terminate the right to trade of any trader failing to comply with any of these terms and conditions or comply with any reasonable directions given by The Organiser.

 

7.3

No refunds or compensation of any sort shall be paid to traders who fail to attend the Market or where we have exercised the right to delay, cancel or terminate the Market or where a trader has been instructed to cease trading due to non-compliance with any of these terms and conditions.

 

7.4

In the event of the cancellation of the Winter Gardens Wonderland due to pandemic,

the following terms will come into effect.

 

7.4.1

Cancellation prior to the 19th November due to the pandemic. The traders booking will be moved to the 2022 event.

 

7.4.2

Cancellation part way through the event. The traders booking will be moved to the 2022 event.

 

7.4.3

No refunds will be made to traders that cease trading due to staff or owner infection of the

pandemic.

 

7.4.4

No refunds will be made to traders that cease trading due to any other pandemic related concerns, where the council or government has not enforced a cancellation or shut down of trading.

 

 

 

8. Pricing

 

All Chalet charges below are subject to change by The Organiser without notice. Booking will be confirmed by email following payment of £1000 + vat Deposit. The balance must be paid no later than 8th October and will include all additional charges including power and refundable bond.

 

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