In these terms and conditions, the term Trader, you, or yours refers to the person, business or organisation that is applying for a pitch to trade from and is registered with MPEL.
For the purposes of this document event will be the term used for markets, events and Christmas Markets
Market Place is the trading name of Market Place (Europe) Ltd, Market Place Events Ltd and Market Place Management Ltd, for the purposes of this document MPEL will be used as definition of the company.
These terms and conditions are accepted as part of the registration process with Market Place, on the website when you create your trader account which enables you to apply for our events. Applications for events will not be considered until your account has been approved and these Terms and Conditions have been signed and returned.
The additional documents required as part of the registration process must be provided, be in date and checked by MPEL before you can trade at any of our markets and events, these documents are listed below:
Local Authority, Council where your business is registered for Food Hygiene
Full name (which matches the details held on your account with us)
Food Hygiene rating
If you are based in another country and your documents are not in English, a copy of original certificate/letter and English translation must be supplied.
Once your Registration has been approved to trade you will be able to access the market listings via your trader account at www.marketplace.co.uk under the traders login and apply for events except when your product category has been excluded by client or event type.
Please be aware of how the approval system for trading works.
4.Market Place Website use of Terms and Conditions
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
4.2 Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.
(g) Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
4.3 Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
4.4 Website Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
4.5 User/Trader generated content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
4.6 Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
4.7 Limitations and exclusions of liability
Nothing in these terms and conditions will:
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law;
(d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
(a) are subject to the preceding paragraph;
(b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
4.9 Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
4.13 Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
4.14 Entire agreement
4.15 Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
4.16 Our details in relation to the website.
The full name of our company is Market Place (Europe) Ltd.
Our registered address is Market Place Europe Ltd, MJ Goldman, Hollinwood Business Centre, Albert Street, Oldham, OL8 3QL
You can contact us by email at firstname.lastname@example.org Tel 0161 478 6060
5.Primary and Secondary Markets/Events
There are occasions within the Market programme, where we will have two events on at the same time. This tends to occur, although is not limited to, when we are staging a Food Festival and we strive to find an alternative event for our non - food traders.
MPEL will designate the Primary event that we will except traders to attend, for example we would expect all our Street, Fresh Food traders to apply first for the Food Festivals and only if they are declined for the primary event or operate a second team, will they then be able to apply for the Secondary event.
The Operations Manager decision will be final in all matters regarding the markets traders are approved/allocated for.
6.Payment for Events – New Traders
New traders (applies for the first six events attended, this may be extended if you cancel events within the given time)
Payment can be made direct by: -
7.Payment for Events - Regular Traders
Pitch & other fees must be paid in full by cash/card by the second trading day of each event (excluding Christmas Markets where separate payment terms apply) on demand from the Market Manager.
Alternatively, payment can be made in advance by:
Payments not received by the second trading day of event are considered late and we reserve the right to charge interest on late payments at the statutory rate
8. Your Commitment to attend
Once you have booked onto a market via your trader account and your application has been approved you have committed to attend that event and are liable for the fees unless point 9 below applies.
9.Cancellation by Trader
This is for general market cancellations and excludes Christmas Markets where separate trading conditions apply.
It is important that you follow the steps below to ensure that you will not be charged for nonattendance.
Other than emergencies if you cannot attend a market, you should cancel this via your website account ONLY, we will not accept cancellations via phone, email, WhatsApp, or text to any members of the Market Team.
You are responsible for keeping us advised of any changes in your plans to trade at events you have applied for.
To cancel an application (before or after pitch approval)
If you have to cancel your attendance due to an Emergency before the market begins or have to leave during a market – please telephone the Manager as soon as possible giving brief details of your emergency and confirm either non- attendance or that we can make arrangements for you to leave the market. For the following reasons
The Operations Manager will consider your reasons and your overall attendance (e.g., repeat cancellations) and will notify you of any fees due based on the procedure above.
Note: If a trader is absent for any reason when expected at the market and has not followed the steps above to inform the Market Manager and they do not pay the pitch fee, we may be unable to hold their place and position in the market team and they cannot attend any further events until all outstanding fees due are settled.
You are legally obliged to take out insurance to cover any hazard or loss which may occur at the Market. This must include public and product (and if you employ staff employers) liability insurance for no less than £5,000,000. Your documentation must be up to date and uploaded to your web profile, you are required to have a copy with you to show on site on request.
You agree that MPEL or any of their designated representatives are not responsible or hold any liability for any financial losses; any loss or damage of your equipment, goods, or personal belongings; personal injury of representatives working for or connected to you or for any members of the public attending this Market which are directly or indirectly incurred by you whatsoever.
12. On Site
MPEL and their designated representatives are solely responsible for the allocation of pitch sites on the market footprint. There are no regular trading pitches for any traders, we will (to the best of our endeavours) accommodate traders’ requests and requirements, but this cannot be guaranteed.
The Market Manager will mark out the site prior to the arrival traders and allocate positions based on power requirements and the types of products on sale to ensure that there is an equal spread of products throughout the event footprint and generators are balanced.
As representatives of MPEL, we expect traders to always maintain the highest professional conduct. Any traders that act in a manner that causes the event to be brought into disrepute, risk loss of pitch, cancellation of future bookings and position in team. Any complaints directed towards a trader should be reported immediately to the Market Manager in the first instance and confirmed in writing.
13. Fire / Gas / Electricity / Water & Waste liquids
14. Electricity supply on our markets
For most markets, the site fee includes a standard electricity supply, if this is not included the price will be clearly shown on the event details on our website and will be included in the trading arrangements notice.
You must ensure you have clearly stated on your online account your specific requirements for 16amp/32amp, 3 phase power supplies.
(Please see the 2022 Guide to Power on Market Place markets for further information on generators, cables, connections and managing cables and electrical installations safely. Or speak to a member of the Operations Team.)
Out of Hours Operational Security is provided at the request of the traders and is recharged directly at each event. The price of security is shown on the website for each event and depends on the number of evenings that security is required. Please note Security is an optional service. Traders do not have to leave equipment, goods, or possessions on site outside of trading hours but traders leaving any equipment, goods, or possessions on the market outside of trading hours do so at their own risk and must pay the Security charge applicable at that event.
16. Cancellation charges for Christmas Markets
You are responsible for keeping us advised of changes in your plans to trade at the Christmas Market events you have applied for.
You may cancel your application for an event at any time without penalty if we have not allocated you a pitch (you will have been notified of this and can check in your online account)
If a pitch has been allocated to you, you must notify us via your online account or in writing by email to cancel your attendance.
For cancellations made more than 7 weeks before the market starts there is a nominal admin fee of £25 or 1% of pitch fee (whichever is greater) plus VAT.
Late cancellations (less than 7 weeks’ notice) charged 50% of the pitch fee plus VAT. You must notify us via your online account or in writing by email. The Operations Manager will consider your reasons for non-attendance, and you will be notified of the decision and advised of any fee due.
Pitch allocated and Fail to Attend/notify us in advance of non-attendance. The full pitch fee plus VAT will be charged. You may apply for the fee to be waived in writing/by email stating your reasons. The Operations Manager will consider your reasons for late attendance, and you will be notified of the decision and advised of any fee due.
All Late cancellation/Failed to Attend will be subject to a minimum administrative fee of £25.00 or 1% of pitch fee (whichever is greater) plus VAT..
Should monies not, at the time of cancellation, already have been paid to Market Place the cancellation fee will still apply.
If a trader is absent for any reason when expected at a Christmas Market and they do not pay the cancellation fee, we may be unable to hold their place and position in the market team and action will be taken to recover fees owed.
17. Market Refunds
Where payment has been made prior to the event, any refund due to timely cancellation will be made within five working days. For late cancellation/Failed to attend, any refund due will be paid within five working days of the Operation Managers decision.
All refunds are at the discretion of MPEL.
18. Health and Safety
19. Adverse Weather and/or Incidents, Force Majeure, Cancellations that impact the Market
MPEL reserves the right to close the market if the Market Manager feels that weather conditions on the day are too severe to trade i.e., high winds, blizzards etc. MPEL is not responsible for adverse weather conditions and/or incidents that may require the market to close and as such there are no refunds for these reasons.
MPEL and their designated representatives reserve the right to remove you from the market site if you do not comply with the obligations as outlined within this document.
You may not be permitted to operate your stall or outlet if you do not satisfy the licensing requirements of the Local Authority. MPEL and their designated representatives cannot accept any responsibility or liability if this situation occurs.
You agree to abide by the above clauses of this document and indemnify MPEL and their designated representatives against any claim, loss or liability arising from a breach of the above clauses/regulations.
21. Litter Bond
At Christmas Markets and other large events or extended markets at the discretion of MPEL a Litter Bond is applied and is payable in advance of the event.
This payment is a ‘Bond’ to ensure that your designated pitch has been left tidy and in good order e.g. stain free and that the onsite rules regarding rubbish removal etc as well as any equipment supplied by MPEL is returned to original state e.g., fixtures removed from wooden chalets.
If your designated pitch and any equipment supplied by MPEL has not been left in an acceptable state, then Market Place retains the right to ‘cash’ your Litter Bond. The instructions for waste control are communicated to you by the Market Manager via the confirmation of pitch notice, separate written notice and/or verbally at the event.
The Litter Bond may also be cashed if a trader makes a late cancellation, fails to attend a booked event, or has accrued arrears for any other reason.
Please note: If a trader is absent for any reason when expected at one of our markets and they do not pay the fees due, we may be unable to hold their place and position in the market team.
The Litter Bond will be returned to each trader post event following site inspection and on receipt of traders confirmed bank details (by post or email).