1.1. These general terms and conditions apply to any event organised at the sites of TerrasseO2 and Jardin du Pesage, or any service provided by the company SIMPLY BETTER Sprl (established at 483A Chaussée de Tubize, 1420 Braine l’Alleud – 02/354.72.00 – BE0478518519 (referred to hereinafter as “the Agency”). In cases where the Agency calls upon an external subcontractor or supplier in order to respond to the Client’s request, the general conditions of this third party will be directly applicable (e.g. cancellation conditions for the event room, hotel, caterer, technical provider, etc.) to the Client.
1.2. Price proposals are made without obligation and are subject to the Agency’s availability at the time of the final order or acceptance of the price proposal.
1.3. The Agency will consider itself hired after receiving written acceptance of the price proposal issued by the Agency. The price proposal is calculated based on the information provided to it by the Client. Prices shown exclude VAT. The invoicing of services provided by a third party or the Agency to another country or that is intended for a Client established in another country, must comply with Belgian tax regulations.
1.4. The price proposal accepted by the Client, together with these general terms and conditions, will constitute the Contract between the Agency and the Client. The Agency reserves the right to adjust its general terms and conditions. Any update to said general terms and conditions will be sent by e-mail to the Client, which will be considered to have accepted the contents in the absence of any written challenge.
1.5. The Agency also reserves the right to amend the prices in the proposal at any time as the result of increases in the price of raw materials and/or fuel.
2.1. Unless there is a special agreement in place with the Agency, should the services and/or event be cancelled by the Client, regardless of the reasons for this cancellation, (excluding cases of force majeure and similar situations), the Client will be required to pay an irreducible contractual indemnity of:
2.2. Any reduction in the number of participants at an event made by the Client may not exceed 10% of the number of guests planned and must be notified in writing at least 10 calendar days prior to the event. Where applicable, this reduction will result in an adjustment to the price and the charges for staffing and equipment, if necessary. The number of guests communicated will serve as the base for invoicing, even if the number of guests is lower on the day of the event. Should the number of guests who arrive on the day of the event be greater than the number confirmed in writing, these additional guests will be invoiced at 150%.
2.3 All communication and any cancellation must be sent by e-mail to the following addresses: [email protected] and [email protected]
3.1. The Agency declines all liability for damage of any kind affecting the Client’s property or property belonging to participants, even if the damage was caused by the Agency’s gross negligence or minor unintentional fault and irrespective of where the property is placed or stored.
3.2. It is also expressly agreed between the parties that the Agency’s liability may not under any circumstances be invoked in the event of the total or partial cancellation of the event due to a case of force majeure within the meaning of case law (in particular, this definition includes strikes, natural disasters, attacks or acts of terrorism, pandemic or war and prevention measures relating thereto and excluding in particular attacks on the reputation and/or e-reputation of the Agency), changes to regulations, the withdrawal or cancellation of permits or permissions granted to the Agency and/or to DRÔHME or the alleged or actual failure or one or more external service providers, regardless of the consequences. Where applicable, the Agency may not under any circumstances be held liable to pay any compensation for loss of profits, loss of earnings, damage to image, reimbursement of expenses incurred by the Client or third parties, losses of data or product procurement costs or for any direct or indirect damage linked to the cancellation of the event should any of the events mentioned above occur. To this end, the Client undertakes to waive and have its insurers and/or any guest waive, where applicable, any recourse against the Agency should any of the events mentioned above occur.
3.3. Should any of the events mentioned above occur, the Agency will notify the Client as quickly as possible that said event has occurred, the nature of the event, its likely duration, any measures taken or envisaged to put an end to the event, as well as any consequences it may have on the performance of the Contract.
3.4. The Client accepts that no compensation may be claimed from the Agency should a case of force majeure occur. As a consequence, each of the Parties will bear any costs it has already incurred regarding the performance of the Contract and which do not correspond to provision of the services that are the subject of the Contract.
3.5. If the performance of the Contract is rendered temporarily impossible on account of the case of force majeure, the Contract will be suspended. Where applicable, the Parties will agree the precise terms of the postponed performance of the Contract, in compliance with the provisions of the Contract.
3.6. If the performance of the Contract is rendered permanently impossible on account of the case of force majeure, the Contract will automatically be terminated.
3.7. In cases where a particular service has not been provided, any monies already paid by the Client or invoiced by the Agency as a deposit will become the subject of a credit from the Agency and will be deducted from the price to be paid for the event to be postponed, or from a new event or other service provided. The Parties agree that the event and/or service must take place and/or be provided within 24 months of the occurrence of the impediment, taking into account the availability of the Agency and the location of the event.
3.8. The Client acknowledges that the price in the proposal may be reviewed by the Agency, taking account of inflation and any increase in the price or raw materials and staffing costs.
3.9. If the services provided for in the Contract have already been partially provided by the Agency (e.g. graphics, reconnaissance, creative work, etc.), these services will be invoiced to the Client taking account of the price provided for by the Contract (hourly rate) and deducted from the deposit already paid. Where applicable, the balance of the deposit will be the subject of a credit, as stated in the previous paragraph.
4.1. A deposit of 50% will be invoiced the Agency at the time the price proposal is accepted. This invoice must be paid on receipt by the Client. Unless payment is received within the period stated, the Agency cannot guarantee the service or the staging of the event on the date and terms chosen by the Client.
4.2. The balance will be invoiced 10 days before the service/event and must be paid at the latest 24 hours prior to the day of the service/event. Should this not be the case, the Agency reserves the right to cancel the service/event (without being liable for compensation of any kind).
4.3. The Client acknowledges that any modification to its request or should it request additional services before or during the event, this will be invoiced by way of a surcharge.
4.4. In the event of invoices being disputed, any such dispute must be communicated by registered letter within a period of eight days from the date of the invoice. If the conditions stated above are not complied with, the invoices will be considered accepted
4.5. In the event of a dispute or late payment, all invoices, including those that are not yet due, will become payable immediately and without delay.
4.6. The non-payment of an invoice by its due date will, automatically and without service of default, attract late-payment interest at the rate of 15% per annum. In addition, by way of a penalty clause, non-payment will provide entitlement to compensation equal to 15% of the total sums due, with a minimum of 250 euros.
4.7. Any non-fulfilment by the Client of its payment obligations will give the Agency the right to halt its services.
4.8. Services are provided and deliveries made with all due care and diligence, although no guarantee as to results can be given.
4.9. The Agency will restrict itself to carrying out the services requested by the Client on the basis of the information provided by the Client, without assuming the role of adviser unless expressly agreed to the contrary.
4.10. The Agency may not be held liable for delays caused by the suppliers of its clients.
4.11. In the event of doubt as to the sound financial position of a Client, the Agency, even after partially fulfilling the Contract, reserves the right to require the Client to provide suitable guarantees for the purpose of ensuring that the undertakings made will be properly fulfilled. Should the Client refuse to do so, this will entitle the Agency to cancel all or part of the Contract.
4.12. The Agency reserves the right to offset all amounts owed by the Client against any sums for which it may be the debtor.
5.1. In the event of a dispute, the parties will attempt to reconcile with each other.
5.2. Should it not be possible to reach an amicable agreement, the parties hereby acknowledge the application of Belgian law and the sole jurisdiction of the courts in Brussels.
