Article 1: Object
These General Terms and Conditions together with the Special Terms and Conditions form the binding contract between the parties and detail the rights and obligations of Ghanimé and its Customer. No deviation from the General and Special Terms and Conditions will be permitted without the written agreement of Ghanimé.
The invalidity of any clause of the General and Special Terms and Conditions shall not affect the validity of the other provisions.
Article 2: Reserve
Ghanimé reserves the right to modify the programme and to limit access to or participation in an event for the comfort and optimum safety of the Customer and its guests in accordance with current safety standards, and will inform the Customer of any such modifications. In particular, Ghanimé may take appropriate action against (un)invited guests who are aggressive, do not comply with safety or hygiene rules, or whose behaviour seems to indicate that they are drunk or under the influence of drugs.
All services accepted, ordered by the customer or carried out by Ghanimé, imply the purchaser’s unreserved acceptance of these general and special conditions. These general terms and conditions may be amended or supplemented by special terms and conditions expressly mentioned in the quotation.
Article 3: Commitments
a) Ghanimé has a best endeavours obligation and undertakes to carry out its mission in accordance with the best practices of its profession, and may only be held liable for operations over which it has full control.
b) Any supplement to the initial offer made at the Customer’s request will be invoiced.
c) If the Customer has contracted the venue for the event or one of the suppliers or service providers itself, Ghanimé accepts no liability for late or defective delivery, for difficulties in accessing the premises or for inadequate preparation of the premises or for any damage or loss. However, Ghanimé will be responsible for any damage caused to the Event site by Ghanimé staff.
d) Ghanimé undertakes not to divulge any information supplied by the Customer which will be held as confidential.
e) In compliance with current hygiene standards, the Customer agrees that no foodstuffs may be taken back, exchanged or leave the reception area.
f) The Customer undertakes to cooperate actively with Ghanimé and to transmit to it, on first request or spontaneously, any information or element necessary for the proper execution of the event, services and supplies agreed upon.
Article 4: Remuneration
Services are agreed and accepted according to the quotation for a defined number of participants. The number of participants stated in the quotation constitutes a guaranteed minimum, in particular for the costs and commitments Ghanimé has towards its subcontractors. The quotation to be signed does not include costs not fixed in advance (evening drinks, after-dinner drinks, wines offered outside the package, exceeding the hours estimated by the staff present, etc.).
Should a greater number of participants nevertheless attend the Event, Ghanimé and its subcontractors shall not be held liable for any resulting lack of product, personnel, equipment, deadlines or service conditions.
Ghanimé and its subcontractors may refuse access to or service to excess persons while seeking the most appropriate solution with the Customer. If purchases of products, equipment or personnel, additional costs, etc. are required due to the presence at the Event of persons in addition to the number communicated by the Customer, they will be invoiced to the Customer taking into account the conditions and any additional costs due to the emergency.
Prices mentioned in the quotation may vary:
a) At any time – during the performance of a quotation in accordance with changes in the index: in accordance with the latest known values of the consumer price index calculated by STATEC
b) Each time the services are renewed / at the end of the initial period
c) At any time in the event of a change in circumstances which has the effect of making the performance of the contract onerous for Ghanimé (for example, an increase in the costs of our suppliers).
Article 5: Discount
No discount will be granted for early payment.
Article 6: Booking and payment terms
Unless otherwise agreed in writing between the Parties, payment for orders will be made by bank transfer or direct debit, in euros, in accordance with the invoices sent to the Customer by Ghanimé and in accordance with the following terms and conditions:
A) A deposit invoice:
– 60% of the total amount of the quotation on signature of this offer
No order or reservation will be made by Ghanimé until the customer has made this deposit.
B) A balance invoice:
– 40% after the event plus actual costs incurred.
All invoices are payable on receipt.
Article 7: Late payment
In the event of total or partial non-payment and without prior formal notice, the defaulting customer shall pay Ghanimé an indemnity of EUR 40 for collection costs and late payment interest equal to the legal interest rate provided for by Luxembourg law relating to payment deadlines in commercial transactions.
Article 8: Cancellation policy
Any cancellation of all or part of the service ordered must be communicated within a reasonable time by telephone, fax or e-mail and must be confirmed to Ghanimé by registered letter with acknowledgement of receipt, the date of receipt being taken as proof.
The Customer may not claim any reimbursement, price reduction or compensation if the services are cancelled due to insufficient numbers of participants, except in cases of force majeure. Depending on the case, the services may be maintained despite the lack of participants and the amount to be paid by the Customer will be the price as defined in the quotation.
In the event of cancellation, except in cases of force majeure, the following costs and fees will be retained by or claimed from the Customer: preparation fees, compensation for service providers, the cost of reservations made by Ghanimé, special production, etc.
The costs and fees payable in the event of cancellation by the Customer, except in cases of force majeure or cancellation due to insufficient numbers of participants, are fixed as follows:
Unless the parties agree otherwise, these costs and fees also apply in the event of a postponement to another date.
Ghanimé reserves the right to charge a higher amount than this cancellation fee if the expenses already incurred and non-cancellable commitments are higher than the amount represented by the package as defined in this article, on presentation of supporting documents if requested by the Customer.
If, prior to the event, Ghanimé is obliged to make a change to one of the essential elements of the contract, such as a significant price increase (at least 10% of the price for the same number of participants), the Customer may, after having been informed in writing by Ghanimé, either:
Article 9: Retention of title clause and intellectual property
Ghanimé retains ownership of the services and goods sold until full payment of the price, in principal and in accessories.
In this respect, if the customer is the subject of a receivership or liquidation, Ghanimé reserves the right to reclaim, within the framework of the receivership, the services and goods sold which remain unpaid.
The Ghanimé company remains the owner of its ideas, creations and concepts in any case. Any element created by Ghanimé remains its property and, consequently, none of these elements can be used by the Customer beyond the use envisaged at the time of the order.
The intellectual property rights to the written or visual materials, photographs or other productions carried out as part of the order between the parties only become the exclusive and total property of the Customer for the duration and purpose stipulated in the contract, once the fees and related technical services have been paid in full.
All the files created by Ghanimé remain its property, nevertheless, the customer has the right to consult as much as it wishes within the framework of the order.
In general, the Customer undertakes not to make any use likely to infringe the intellectual property rights of Ghanimé, not to make any use of trademarks and / or logos owned by Ghanimé and its subcontractors, not to use the information exchanged during the contractual relationship for a purpose other than that defined by the parties: in particular, the Customer will not use them to obtain or provide any commercial advantage over Ghanimé unless explicit written agreement from Ghanimé.
Article 10: Subcontracting – Delivery
Ghanimé retains the right to sub-contract certain work necessary for the organisation of the Event. Ghanimé remains responsible to the customer for tasks entrusted to its subcontractors.
One of Ghanimé’s missions is to select and coordinate professionals or propose event concepts or the organisation of events. All commercial relations with service providers, suppliers, sub-contractors, etc. who are called upon to carry out the mission before, during and after the Event are handled by Ghanimé and are reserved exclusively for Ghanimé.
The customer hereby undertakes for a period of 5 years never to canvass or contract directly with these service providers, suppliers, subcontractors or their employees or to use the event or event organisation concepts without Ghanimé’s prior written authorisation.
Article 11: Guarantee
The Customer may be required to lodge a non-interest-bearing guarantee, the amount of which will be set according to the value of the equipment hired or made available. It will be returned when the equipment is returned, after final acceptance and full payment of the rental or hire charge. However, the cost of any repairs or cleaning made necessary by the misuse of the equipment by the Customer or his/her guests, as well as any other expense made necessary by the use of the equipment rented or made available by the Customer or his/her guests, will be deducted.
Article 12: Failure to return or damage to equipment
Ghanimé reserves the right to invoice the Customer for the materials and
accessories made available to it and not returned or damaged according to their new value. In any event, the Customer will be responsible for all cleaning and restoration costs. In the event of theft or damage occurring during the Event, the rental period will be credited to the Customer until the latter produces an official declaration of damage or theft. During this period, the Customer is still required to pay the rental or hire charge, where applicable, and is also responsible for the costs of reconstituting the documents and restoring the equipment and accessories.
Article 13: Force majeure
Neither Ghanimé nor the customer can be held responsible if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Article 14: Insurance
Ghanimé has taken out an insurance contract with the company Le Foyer, guaranteeing its Professional Civil Liability: contract, in accordance with current legislation and undertakes to provide the Customer with a certificate of insurance on request.
Article 15: Claims
Claims relating to services provided and/or goods delivered are only admissible if they are notified to Ghanimé by registered letter within 10 calendar days of the Event.
Article 16: Liability
No compensation can be claimed in the event of force majeure or any other fault or delay not attributable to Ghanimé.
Ghanimé is only liable for direct damage caused by gross negligence, intentional misconduct or fraud on its part.
Ghanimé shall in no circumstances be held liable for any direct or indirect damage resulting from the misuse by the Customer or its guests of the equipment made available or resulting from the malfunction, defect or unavailability of the equipment made available which is due to a deficiency on the part of the manufacturer or supplier.
Ghanimé shall not be liable for any consequential loss suffered by the Customer such as, but not limited to, loss of turnover, loss of business, loss of profit, loss of business opportunity, loss of investment or loss of data.
In any event, Ghanimé’s liability shall never exceed the total amount of the price paid to Ghanimé by the Customer in respect of the order in respect of which the damage occurred.
Article 17: Theft
Ghanimé accepts no responsibility for items lost or stolen during the event.
Article 18: Privacy & GDPR
Ghanimé undertakes to keep confidential all information on the Customer, its employees, its activities, its customers or its structure of which it is aware or would become aware during the execution of this offer of services.
Ghanimé also undertakes not to use the customer’s name, logo or trademark for commercial purposes without the customer’s prior written consent.
The Customer may be required to act as the controller of the personal data of contact persons representing Ghanimé for the purposes of contract performance and throughout the commercial relationship. This is particularly the case during commercial discussions, when signing the order form or paying for services. This data processing is necessary for the performance of the contract. This data is processed on the Customer’s premises and may be transmitted to external service providers such as auditors, consultants and competent authorities. The data is kept for 1 month from the end of the contract. The persons concerned have the right to ask the Customer for access to their personal data, for it to be rectified or erased, for the processing to be restricted or for the data to be objected to. Data subjects may also exercise their right to data portability.
Article 19: Competent Jurisdiction and applicable law
Luxembourg law applies to the contractual relationship between the parties as well as to the Special Terms and Conditions and the General Terms and Conditions. Failing amicable resolution, the dispute will be brought before the competent court in Luxembourg City.