1. APPLICATION
These general terms and conditions of sale (hereinafter the ‘GT&Cs’) apply to all products delivered and services provided by VERHULST AND FRIENDS, hereinafter referred to as ‘the Agency’, to all quotations, orders, agreements and invoices, unless waived in writing by the Agency and without prejudice to any special terms and conditions agreed by separate agreement. They take precedence over any general terms and conditions of the client. Validation of an order implies acceptance of the general terms and conditions of sale.
The fact that the Agency does not avail itself at a given time of one or other clause established in its favour in these general terms and conditions can’t be interpreted as a waiver on its part.
The client may not assign his rights and obligations arising from this agreement without the prior written consent of the Agency.
2. ORDERS – OFFERS – CANCELLATIONS
The contract is only formed once the Agency has accepted the customer’s order.
The Agency is bound only by the provisions of the orders it has accepted, by the agreements it has signed and by these GT&Cs. Any other provision is excluded, in particular any communication or written or verbal element discussed outside the order. Offers and quotations made by the Agency are revocable unless accepted by the customer. They are valid for a maximum of 30 days, unless otherwise stipulated. Offers and quotations are drawn up on the basis of the customer’s indications and may be modified if these indications are inaccurate. Any order for additional services, quantities or qualities not provided for in the budgets initially agreed will be the subject of a separate invoice and will be payable separately.
Cancellation or modification, in whole or in part, of the order by the customer after the agreement has been concluded is only possible with the express written authorisation of the Agency. If the customer cancels the order in whole or in part, it undertakes, in addition to paying for any services already performed, to compensate the Agency for all expenses and work already incurred, including costs incurred by suppliers, as well as for the loss of profit on the part not performed. This profit is set at a flat rate of 30% of the agreed price (excluding VAT). If a deposit has already been paid in accordance with Article 5, it shall remain the property of the Agency and shall be deducted from the compensation due.
3. REPRESENTATION
The agency is validly represented by an administrator. The client is validly represented by the signatory of the order form.
4. ORGANISATION – SAFETY
The customer acknowledges that a sporting or cultural event attracting large crowds is not without significant risks for the safety of people and property. He accepts to take responsibility for this risk, both for himself and for his guests, and will warn the latter of the extent of the risks involved in taking part in such an event. Those present will be considered as volunteers. He waives all recourse against the Agency for any direct or indirect, voluntary or involuntary damage that may occur during the event ordered and will hold the Agency harmless against any recourse initiated by his guests or by third parties for whom he is responsible.
The customer undertakes and will ensure that he and his guests behave with due diligence throughout the event ordered. In this respect, the customer releases the Agency from all liability for any direct or indirect damage, voluntary or involuntary, of any nature whatsoever, caused by him or his guests. They hold the Agency harmless against the consequences of the behaviour of the persons for whom they are responsible and of their guests. In the event of any disturbance(s) observed, the customer accepts that the security staff present will escort the persons causing the disturbance(s) to the exit of the event(s) ordered.
Depending on the event ordered, and in particular because of the security regulations in force, the customer acknowledges that he/she will have to communicate the identities of his/her guests no later than the deadline communicated to him/her by the Agency. In the event of a change of guests after this date, insofar as a change is still possible, the customer agrees to pay any additional costs generated by this change.
By signing this contract, the customer undertakes to comply with the law, in particular the law of 21 December 1998 relating to safety at football matches, as amended since then, and the spectator regulations in force, in particular those issued by the police or by national or international football federations, and in particular with regard to photographs, indiscipline, dresscode, the carrying of prohibited objects, etc. The customer will also ensure that his guests refrain from wearing the colours of the opposing team. The customer may be held liable for any damage or loss resulting from failure to comply with the law, these Regulations or the provisions of these General Terms and Conditions.
The Agency cannot guarantee the exact location of seats at event venues (stadiums, concert halls, etc.) as indicated on invitations or tickets. Under no circumstances can stolen or lost tickets be replaced or refunded.
5. PAYMENT
The prices invoiced by the Agency are exclusive of VAT and in euros. They are payable in cash.
The cost of delivery of documents by courier shall be borne by the client.
The Agency reserves the right to pass on to the customer any supplements resulting from price increases after the order has been placed, such as, for example, the cost of security measures made necessary or new conditions imposed or made necessary and, in the case of travel, new airport taxes, fuel surcharges by carriers etc.
The Customer will be responsible for the payment of all expenses not related to the contract and/or costs and/or damage of any kind whatsoever (related to theft, replacement and/or deterioration of equipment, etc.) affecting goods of any kind (personal effects, equipment, etc.), regardless of where the goods are stored (lounges, car parks, etc.) incurred by him or by his guests and/or participants in the event.
The Customer declares that it holds valid civil liability insurance. Unless expressly agreed otherwise, a deposit of 30% of the amount agreed at the time of signing will be paid when the order is accepted, and a deposit of 60% will be paid before the start of the event, within 14 days of the invoice being sent by the Agency. The balance of 10% will be invoiced after the event and will be payable within 30 days of the invoice date. However, in the case of the sale of VIP packages, unless expressly stipulated otherwise, a deposit of 50% of the amount agreed at the time of signing will be paid when the order is accepted and the balance must be paid before the event takes place, within 14 days of the invoice being sent by the Agency.
In the event of non-payment by the due dates stipulated above, the Agency may suspend performance of its obligations without this constituting termination of the contract. In this case, the Agency may refuse the customer access to the event and demand payment in full of the order.
6. PAYMENT DELAYS
In the event of non-payment by the due date, the amount of each invoice issued by the Agency shall, ipso jure and without prior notice, be increased by a fixed and irreducible indemnity corresponding to 15% of the outstanding balance, with an absolute minimum of €125, and by contractual default interest at the rate of 1% per month of delay started.
7. SOLIDARITY
If there is more than one customer, they will be held jointly and severally liable for their various obligations and are presumed to have waived the benefit of division and discussion.
8. COMPLAINTS
No complaint will be accepted unless it is sent to the Agency, by registered letter, within 8 days of the provision of the services or delivery of the products.
9. INTELLECTUAL PROPERTY
The customer undertakes not to (i) market directly or indirectly, (ii) resell, (iii) offer as winning prizes in competitions or tombolas, the products or services that are the subject of the orders. The customer also refrains from promoting its commercial activities by displaying images, photos, logos, texts or drawings relating to the event ordered and whose copyright does not belong to him.
The Agency remains the owner of all intellectual property rights, both in terms of literary and artistic property and industrial property, over any work, creation or intellectual production of any nature whatsoever, produced by the Agency, whatever its nature, method of expression or medium, as a result, directly or indirectly, of the execution of the order for the customer.
10. OBLIGATIONS
Unless otherwise stipulated, the obligations entered into by the Agency are obligations of means and not of results.
The Agency reserves the right to have all or part of its obligations performed by a third party. However, the Agency accepts no responsibility for the choice of this third party, whenever it is materially impossible for it to ascertain the technical merit and/or solvency of this third party, such as, for example, the choice of a coach supplied in a foreign town. All the information contained in the Agency’s programme has been collected in good faith and presented in all honesty. Mistakes and errors in the leaflets are not binding on the Agency.
The Agency will do everything in its power to ensure that the service – meeting – event takes place as smoothly as possible. However, it cannot be held responsible for causes beyond its control, third- party acts or unforceen circumstances. As a result of changes and/or cancellations to the programme, it cannot be held responsible for providing additional services or paying additional costs such as transfers, restaurants, accommodation, etc., which will be charged to the customer. Force majeure is generally considered to be any circumstance that prevents, restricts or delays the execution of the agreement, or that results in a disproportionate increase in the Agency’s obligations. These events relieve the Agency of all responsibility and give it the possibility, depending
on the case, of restricting its obligations, terminating the agreement or postponing its performance, without this leading to any compensation whatsoever. The party invoking force majeure must notify the other party and take all reasonable measures to overcome the temporary situation of force majeure. In the event of force majeure on the part of the Agency, the latter may take all reasonable steps to postpone the event or dissolve the agreement at the least cost.
The Client undertakes not to conceal from the Agency or its service providers any elements relating to the smooth organisation of the event (i.e. any element that could delay, hinder and/or disorganise the event). The Client will facilitate access to the data required by the Agency for the organisation of the event.
The client’s documents, goods, projects, etc. in the Agency’s possession are at the client’s risk. The client expressly exonerates the Agency from all liability, particularly in the event of total or partial damage or loss for any reason whatsoever. The Agency undertakes to take all reasonable steps to avoid any damage to the client during the delivery and/or custody of the documents, goods, projects, etc.
11. NON-INTERVENTION AND NON-SOLICITATION
The Client undertakes not to intervene directly before, during or after the event with the Agency’s subcontractors, suppliers, collaborators and staff, without its prior written agreement.
Throughout the whole duration of the contractual relationship and for a period of one year after its end, the Client undertakes not to call upon workers or service providers of the Agency.
12. TRAVEL
The legal provisions governing travel contracts do not apply to the contractual relationship between the Agency and the customer. For the execution of the trips, the Agency uses, on behalf of the customer, various service providers, such as transporters, restaurant owners, etc. The Agency should not be confused with these service providers, who will in any event retain, with regard to any traveller, the liability specific to their activities under the terms of the statutes governing them, according to their legislation or international conventions instituting a limitation of liability. In any event, the Agency’s liability shall not extend beyond the sums provided for by the law governing the tour operator contract and the travel intermediary contract that may be demanded from the travel agency with which the Agency deals. The Agency may not under any circumstances be held liable for injury and/or damage caused to the Customer or to the persons for whom he/she is responsible insofar as such injury or damage is not caused by a breach on the part of the Agency.
The Agency accepts no liability in the event of theft, loss or damage to the luggage and personal effects of the customer or the persons for whom the customer is responsible. The latter have the option of taking out a policy guaranteeing the value of these items. Additional baggage, when its weight exceeds that authorised by the carrier’s regulations, is at the customer’s expense.
13. PERSONAL DATA
All personal data provided by the customer is intended for the Agency’s internal use. The Agency undertakes to use only such data as is necessary to provide an optimum quality of service.
If it proves necessary to achieve the intended objectives, personal data will be exchanged with companies other than the Agency which have a direct or indirect link with the Agency or with any other partner of the Agency. The Agency guarantees that these third parties will take the necessary technical and organisational measures to ensure the protection of personal data.
Customers have the right to access and update their personal data and to request that it be deleted.
Rue de la Presse, 35
1000 Bruxelles.
Phone number: +32 (0)2 274 48 00
Mail : contact(at)apd-gba.be.
14. JURISDICTION AND APPLICABLE LAW
In the event of a dispute, it is expressly agreed that only the French-speaking courts of Brussels have
jurisdiction.
Only Belgian law is otherwise applicable.
