General terms and conditions of sale

 

Article 1: Purpose

 

The general terms and conditions of sale described hereafter detail the rights and obligations between the French Riviera Parties agency (the “Company / Organiser”), selling the services defined hereafter, and the natural or legal person, called “the Client”, purchasing one or more of these services through a contract as defined in article 2 hereof. These services are subject to the present general conditions.

 

The services offered by the Company are the following:

 

> The organisation and/or management of all or part of event-related services, such as seminars, team building, inaugurations, company anniversaries, incentives, garden parties, workshops, company parties, conferences, meetings, weddings and all event and marketing communication operations.

 

> The setting up and/or rental of event entertainment (challenges, stands, games, artists, etc.)

 

> The creation and/or installation and/or rental of themed event decorations or marketing exhibition stands

 

> The management and/or implementation of ancillary services (accommodation, catering, technical, signage, staff, etc.)

 

Article 2: Contract

 

The quotation, together with these general terms and conditions of sale, constitutes a proposed contract for which the Client, or any agent on its behalf, expressly declares that it has the power, authority and capacity necessary for its conclusion and for the performance of the obligations incumbent upon it.

 

By express agreement between the Client and the Company, the act of sending the signed quotation or order form alone constitutes acceptance on the part of the Client of the terms of the contract and in particular of these general conditions of sale. For certain events, the agency may also impose the general conditions of its partners, which must also be applied.  In this case, the agency will send the client details of these conditions in addition to the quote.

 

Article 3: Obligations of the agency

 

The agency is obliged to implement all the means it deems necessary and sufficient to satisfy its clients, within the limits of the contracted services with an obligation of means defined in Article 1 hereof.

 

By express agreement between the Client and the Company, in the context of the organisation of an event, it is agreed that the Company will make firm reservations with its service provider(s) only after receipt and effective collection of the first or single deposit as defined in article 5 hereof. In the event of the unavailability, for the desired date, of the service provider(s) provided following the period between the drawing up of the quote and the receipt of the deposit, the agency shall do its utmost to propose to the Client one or more equivalent or similar service providers for the contracted services. 

 

This new proposal from the agency is not binding on the Client who is free to accept it or not. If the Client accepts the new proposal, the relationship between the Company and the Client shall continue under the conditions stipulated herein and without modification of the initial contract. If the new proposal is rejected, the advance payment(s) will be refunded to the Client within 30 days of the Company’s receipt of the written rejection of the said proposal.

 

Article 4: Client’s obligations

 

The Client undertakes not to conceal from the Organiser or its partners any information relating to the event which could delay, hinder, interfere with or disrupt the project or its implementation. The Client shall facilitate access to any information required by the Organiser.

 

The Client undertakes to respect and comply with the special conditions of the selected participant(s) and in particular to pay any bond or guarantee that may be necessary before the full payment of all sums due.

 

The Client undertakes not to intervene directly, before, during or after the event, with the Organiser’s suppliers, subcontractors, staff and employees. If after a possible termination of the contract, the Client carries out or has carried out the event that would have been initially defined by French Riviera Parties, a sum equal to 30% of all the quoted and plagiarized projects will be due to French Riviera Parties.

 

Article 5: Payment

 

The rates for the services sold are those in force on the day the quote is sent to the client. They are denominated in euros and calculated exclusive of tax. They will be increased by the VAT rate. In the event of a response more than 10 days after the quotation is sent, the agency reserves the right to modify its rates at any time if justified. 

 

They will be applicable to any new proposal or contract amendment issued after this period.

Event including accommodation and/or catering and/or transport

 

  1. a) Booking confirmed on receipt of 50% of the total amount of the event. A further 50% will be required 3 weeks prior to the date of the event. The balance must be paid no later than 10 days before the date of the event.

When the contract is signed 30 days or less before the event, the two deposits are replaced by a single deposit of 80% of the total amount.

 

> Exception

Depending on the accommodation and/or catering and/or transport provider, it is possible that their general terms and conditions of sale impose a global invoicing 100% before the event. In this case, the client will be informed in advance of these specific conditions in order to accept them and proceed with the necessary payment of the invoice.

 

  1. b) At the end of the service, in case of extra costs, French Riviera Parties will calculate the price actually due and will send an invoice to the Client mentioning this extra charge in addition to the basic price. The Client shall pay the balance of the amount due (after taking into account any advance payments and deposits made) upon receipt of the invoice.

Additional services

 

  1. a) Booking confirmed on receipt of 50% of the total amount of the event. The balance will be paid on receipt of the invoice, after the event.

 

  1. b) The Client will be responsible for the payment of any expenses not related to the contract (costs related to theft, replacement or damage to equipment, etc.) incurred by him or his guests.

 

  1. c) At the end of the service, in case of extra costs, French Riviera Parties will calculate the actual price due and will send an invoice to the Client mentioning this extra cost in addition to the basic price. The Client shall pay the balance of the amount due (after taking into account any advance payments and deposits made) upon receipt of the invoice. In the absence of payment of the first or one-off deposit, the Company does not guarantee the availability of the services and/or participants with which the quotation was calculated.

 

Late payment penalties In the event of total or partial non-payment of the services invoiced, the client must pay the agency a late payment penalty equal to one and a half times the legal interest rate in force on the day the services were invoiced. All costs that the company may incur in the collection of outstanding debts shall be borne by the client.

 

Article 6: Changes due to the customer

 

Any change to the date of travel, route or flight for one or more passengers will result in new negotiations. However, it will not be possible to change the name of a participant after the tickets have been issued. The list of names must be sent to us at least 32 days before departure.

In all cases, the final number of participants invoiced shall not be less than “90% of the number specified on the initial contract”.

  1. a) If within 32 days prior to the start of the event the client wishes to reduce the number of participants or modify the trip, French Riviera Parties may charge the client the price of the service initially provided in the said contract.

 

  1. b) If within 32 days prior to the start of the event the Client wishes to increase the number of participants, French Riviera Parties will do its utmost to provide the necessary services to accommodate such changes and may increase its costs accordingly. French Riviera Parties shall not be liable if it cannot provide such additional services.

Event including accommodation and/or catering and/or ancillary services

  1. a) If within 10 working days prior to the start of the event the Client wishes to reduce the number of participants, the number or type of services, or the duration of the event as originally contracted, French Riviera Parties may charge the Client the price of the service originally contracted.

In any case, the final number of participants invoiced shall not be less than “90% of the number specified on the initial contract”.

 

  1. b) If within 10 days prior to the start of the event the Client wishes to increase the number of participants, the number or type of services, or the duration of the event as originally contracted, French Riviera Parties will do its utmost to provide the necessary services to accommodate such changes and may increase its costs accordingly. French Riviera Parties will not be liable if it cannot provide these additional services.

 

Article 7: Modification by the organizer

French Riviera Parties will do its utmost to ensure the smooth running of the Customer’s event / service, but cannot be held responsible for acts of God, force majeure or third party causes. However, even in these latter cases, French Riviera Parties will endeavour to find solutions to overcome any difficulties that may arise. If before the start date of the event, it is modified on an essential element of the contract, the client may within 7 days after having been informed:

 

– Either cancel the contract (by post or email only), in which case he/she will receive an immediate refund of all sums paid;

 

– Or accept the proposed modification. In this case, a modified quotation will be sent to the client by email specifying the modifications, the reduction or the increase in price.

The customer will not be entitled to any compensation if the modification of the event is imposed by a case of force majeure or for reasons related to the safety of the participants. 

 

Furthermore, French Riviera Parties shall not be confused with its service providers who retain their own general terms and conditions as well as the responsibilities specific to their activity under the terms of the statutes that govern them, their national legislation or international conventions instituting, among other provisions, a limitation of liability. French Riviera Parties cannot be held responsible for the failure of its service providers to cancel or modify a service for technical reasons.

 

Article 8 : Cancellation conditions

 

Unless otherwise agreed, if the Client cancels the booking or terminates this contract before the operation, French Riviera Parties will keep the deposit paid, whatever the reason for the cancellation, as an irreducible contractual indemnity for termination of the contract.

Furthermore, in case of cancellation by the Client, the Client will have to pay to French Riviera Parties, as a debit option, the following cancellation fees

 

> Between the date of signature of the contract and 30 working days before the start date of the event, 40% of the total amount of the service will be due to French Riviera Parties.

 

> Between 29 days and 16 working days before the start date of the event, 80% of the total amount of the service will be due to French Riviera Parties.

 

> Less than 15 working days before the event, the full amount of the service will be due to French Riviera Parties.

> In the case of an event requiring transportation, in case of cancellation whatever the date, if a ticket is issued it is non-refundable.

 

Cancellation by French Riviera Parties

In the event that, for a justified reason beyond its control, other than force majeure, French Riviera Parties is unable to provide all or part of a planned service, its liability is strictly limited to the reimbursement of the sums paid by the Client for the service not provided.

 

Article 9: Client’s liability

 

The Client shall indemnify French Riviera Parties for any damage or loss, costs and expenses incurred by French Riviera Parties or any of its clients, service providers or employees and caused by the Client, any of its guests, agents or employees that result from the organisation of the event.

 

French Riviera Parties declines all responsibility for damages of any kind (theft, damage…) affecting goods of any kind (personal effects, equipment…) brought by the client or belonging to the participants, regardless of where the goods are stored (car park, lounges…).

 

Article 10: Insurance

 

As part of its activity, French Riviera Parties subscribes to a professional civil liability insurance covering possible incidents for which French Riviera Parties would be directly responsible (equipment or staff involved).

 

Nevertheless, the client is free to subscribe to an additional insurance policy (assistance, providence, cancellation,…) with the company of his choice to cover any incident for which his participants or representatives are directly responsible.

 

Article 11: Force Majeure

 

French Riviera Parties will not be held responsible in the event of non-observance of these general conditions insofar as the non-observance of these conditions would be due to a cause of force majeure, in particular but without limitation, a fire, a storm, an explosion, a flood or natural disaster, a government decision, a shortage of goods, strike, interruption of transport, road, rail, air or sea accident or incident, or bad weather conditions with regard to external events as well as damage, failure or delay of one or more service providers, blocking of telecommunications, blocking of the Internet, etc. 

 

In these cases, the client remains liable for the full payment of the service. Nevertheless, the client is free to take out “Operation Cancellation” insurance before the event with the insurance company of his choice, guaranteeing the financial losses and/or additional costs remaining to be borne by the insured party, following one of the events mentioned in this article.

 

Article 12: Confidentiality

 

The agency undertakes not to sell, share or disclose the client’s personal data to third parties outside its own use. However, this data may occasionally be transmitted to third parties acting on behalf of the agency or in relation to the agency’s activity within the framework of the use for which it was originally collected. The client has the right to access and update his personal nominative data as well as the right to request their deletion, in accordance with Law n°78-17 of 6 January 1978, relating to information technology, files and freedoms. The client may exercise his right of access or correction by contacting the agency by mail at the following address

 

French Riviera Parties 8 rue chauvain 06000 Nice France

 

Article 13: Intellectual property

 

In application of articles L.111-1 and L.123-1 of the French Intellectual Property Code, the agency’s intervention proposal and its content remain the exclusive property of French Riviera Parties and may under no circumstances be transmitted and/or implemented by another agency, another service provider or by an integrated department of the client or its partners.

 

Article 14 : Advertising and image rights

 

For reference and advertising purposes, the agency is authorised to reproduce or disseminate all or part of the data from the event on its website or on any other communication medium that it may use; in particular the client’s company name or the name of the client’s brand, the client’s logo or the client’s brand, the photographic and video reports, the written or audio testimonials.

 

The client declares that he has obtained the express authorisations of the third parties appearing in the event data, in particular those of parents or guardians in the case of minors, and thus releases the agency from any recourse by third parties against him seeking to prohibit the publication of event data or to claim damages.

 

Furthermore, in the context of the use and distribution by the client of photos, videos, written or audio extracts from the event whose organisation has been entrusted to the agency, the client undertakes to systematically indicate the words “Organisation: French Riviera Parties”.

 

Article 15 : Personal nature

 

This contract is personal to the Client and may not be transferred under any circumstances.

 

Article 16 : Jurisdiction

 

This contract is governed by French law and any dispute arising from it will be submitted to the jurisdiction of the Commercial Court of Nice.