Caution
on Third Party Promotional Offers
The
Hong Kong Trade Development Council (HKTDC) has learnt that exhibitors have been
receiving invitations from FAIR GUIDE (owned by CONSTRUCT DATA) for listings in
its guide at the exhibitors' expense. The HKTDC would like to point out that the
FAIR GUIDE and the company CONSTRUCT DATA have no connection with the HKTDC or
any of our fairs. You should exercise due diligence and care when being approached
for such invitations so as to avoid possible unwarranted and/or unnecessary financial
commitments. In order to protect your own interests, you are urged to read the
contracts (including the small print) and attachments carefully before signing
any such documents.
The Austrian and UK Governments have been made aware
of Construct Data's activities. The advice from the UK Embassy in Austria and
the Austrian Embassy in London is to ignore Construct Data's invitations to be
listed in its guide and/or requests for payment. In 2006, a German Court affirmed
that Construct Data's unsolicited invitations are formulated in such a way that
there is an intention to deceive and contravenes German law.
Latest update
(March 2007) - According to a report on UFI (The Global Association of the Exhibition
Industry) and a link to the website: "Stop The European City Guide"
(http://www.stopecg.org),
an injunction has been sought against Construct Data by the Protective Association
against Unfair Competition in Austria ("PAAUC") in Jan 2006. Construct
Data has recently signed an out of court settlement with PAAUC, in which Construct
Data agreed:-
| 1. | to
cease the mailing of misleading contracts to the EU, Switzerland and EWR (affiliate
States of the EU) (please see: http://www.stopecg.org
for the list of countries covered); and |
| 2. | to
cancel their demands of money against companies who dispute the contracts. |
It
has also been reported that the settlement contains a loophole whereby if a company
does not notify them that they signed the form in error, Construct Data can technically
continue to demand money from the companies in question. "Stop the European
City Guide" has posted a sample of Notification Letter at its website
for affected companies which have signed contracts with Construct Data in error.
It
should be noted that the above settlement only covers a number of European
countries. You are urged not to sign any materials that you receive from Construct
Data and if you have mistakenly entered into a contract with Construct Data, you
may wish to ignore any demands for payment you receive from them as suggested
by the Austrian and UK Governments. If you have mistakenly entered into a contract
with Construct Data, you should notify Construct Data in writing accordingly and
inform them that you dispute the validity of the contract on the basis of mistake
and/or misrepresentation. In any event, you are strongly advised to seek independent
legal advice before signing any documents issued by or sending any money to Construct
Data. Further details on the activities of Construct Data can be found at The
Global Association of the Exhibition Industry website: http://www.ufi.org/pages/thetradefair
sector/fairguide.asp and latest updates at http://www.stopecg.org
Please contact Ms. May Wong, Assistant Manager, Exhibitions, Hong
Kong Trade Development Council on (852) 2240-4218 or Fax: (852) 2169-9026 if you
have any questions.
Yours faithfully,
Hong Kong Trade Development
Council
