General rental conditions of the Villa le Cercle de Deauville

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DESIGNATION OF THE PARTIES

In the present regulations, the terms “The CID” and “the Organiser” refer respectively to the S.A.E.M. (Société Anonyme d’Economie Mixte de Gestion du C.I.D) (Semi-Public CID Management Company) registered with the Companies Register in Lisieux under the number 383.203.197, managing the villa LE CERCLE, registered as an establishment receiving members of the public category 3 type L,N,O, at the Calvados Prefecture and the physical or legal person(s) with whom it is dealing, named as « client » or « organiser » respectively, whose details are set out in the appendix KBIS extract.

PURPOSE AND SCOPE OF THE AGREEMENT

The present document defines the general rental conditions (GRC) to which the CID services are subjected on behalf of its clients.

The present GRC are subject to change in accordance with future public policy provisions.

Except by special agreement, acceptance of all offers emanating from the CID entails, by law, on the part of the client, adherance to these general conditions.

These alone regulate the work carried out by the CID and will take precedence, in the event of conflict, over the conditions in the client’s commercial documents and in particular in the general purchase conditions.

All special conditions or agreements signed and accepted by the CID prevail over the present general rental conditions in the event of conflict. They are included in the annex of the quote of services provided by the CID.

The acceptation of these general rental conditions in no way obliges either party to enter into a new contract for any future event that the client wishes to organise and does not grant the client any priority or rights to reservation whatsoever to this purpose, even if he has signed several similar conventions with the CID.

Article 1 – THE DESIGNATION OF THE EVENT

The client commits to providing the exact denomination of the event.

This specific name shall be used by the CID to make the signs for the event, and to inform local businesses in order to improve the quality of the reception.

All elements must be given to the CID definitively at least two months prior to the event.

The organiser will be required prior to any event to supply the CID with any pertinent information concerning the nature and purpose of the event: The CID reserves the right to refuse the event, that it deems incompatible with the purpose and the reputation of the villa LE CERCLE. Should a change occur in the purpose of the event, the CID reserves the right to cancel the contract and request compensation as provided for by article 9.

The C.I.D must receive a final programme for the event at least one month prior to its opening. This programme must include the following information:

The name and address of the Organiser, as well as the name and title of the legal representative of the Organiser ;
Dates and times when the premises will be occupied ;
The name of the event ;
A description of the intended use of the rental premises, equipment, and services ;
A complete event schedule (including the inauguration, official visits, etc.) of the foreseen activities.

The organiser is to be informed :

That for security problems he should only consult the CID.
That he must respect the work code provisions concerning temporary work contracts.
That for all music distribution, he must make a declaration to the SACEM.

The client confirms that he has received all necessary information allowing for the organisation of the event under the very best conditions.

Article 2 – OBJECT OF THE RENTAL

2.1 Making the premises available

The C.I.D shall provide the Organiser with the premises, equipment, and services necessary for the organisation of the event, as described in the estimate adjoined to this agreement.

The maximum authorised number at the villa LE CERCLE ( level 0, lounges and courtyard) is 382 people, including all the actors involved in the event ( hostesses, entertainment, technicians, caterers and other service providers.)

The total authorised number of people in the three lounges is 290 people.

All additional unforseen needs in this quote will be the subject of one or several annexes to the originally signed contract.

This rental is considered firm and may not be modified from the time of signature of the agreement by the two (2) parties at least three (3) months prior to the event.

The signatories of this agreement are fully responsible for the rights and obligations hereto and may not transfer or sell these rights. The name and position of all legal representatives and/or proxies must be indicated in writing.

Only the C.I.D personnel may make use of the C.I.D’s equipment and technical materials, and those in the villa LE CERCLE. Access to other areas in the villa LE CERCLE that have not been leased to the organiser is strictly forbidden (upper floors, basements etc.)

The organiser has no right to occupy the premises above and beyond the event, being a temporary occupation, as covered by the derogation in article L.145-1 of the trade code.

The CID reserves the right to use the areas not leased to the client except if all the areas have been privatised in the CERCLE by the client.

2.2. Contract Conclusion

The request by the client is subject to an offer (or quote) whose conditions are determined by which services have been requested.

The contract between the CID and the client is adopted only once the offer (or quote) by the CID is accepted by the client. This acceptation should be made known to the CID before the end of the period of validity stipulated in the offer (or quote). In the event that the offer (or quote) does not specify a period of validity, it will be deemed accepted after 30 days.

This notification is carried out on receipt by the CID of a copy of the offer (or quote) signed by the client.

Once the offer is accepted, the client’s engagement is firm and definitive.

The contract is established using the CID quote, the confirmed written order by the organiser, the general conditions and the appendices to the present GRC.

Orders can not be cancelled and the non respect of the conditions will be considered as a breach of contract, as well as the consequences attached to this breach, in particular compensation as noted in article 9 of the present rental conditions.

The parties undertake the contract and general terms and conditions in good faith.

2.3. Client Capacity

The client confirms that he has the technical and financial capacity and the experience necessary to carry out the event and that he is up to date in the payment of his social security charges.

Article 3 – Dates / Scheduled times

The premises are granted for a fixed period and for fixed hours as covered in the signed and agreed quote. Daily hire is for a period lasting 10 hours per day during the periods of set-up, dismantling and operation.

Any activity taking place outside these times will be invoiced per extra hour.

These extra hours will be required to be scheduled in agreement with the CID’s Operations Department at least one (1) month prior to the start of the period during which the organiser will occupy the premises; they will be invoiced according to the schedule in force on the day of the event.

Occupation of the premises leased must end on the scheduled dates and at the scheduled times. In the absence of an extension authorisation, the organiser will have the premises vacated. The CID reserves the right to use the premises outside the time covered by the lease agreement and the premises not leased in the contract.

Article 4 – RENTAL PRICE AND AMOUNT OF PAYMENTS

The total price and the conditions of payment are mentioned in the quotation signed and accepted by the client.

In case of disregard of one of the terms above fixed by the organiser and 8 days after the sending of a formal demand by registered letter with signed receipt remains fruitless, the contract can be cancelled by rights at the request of the C.I.D. The C.I.D will send at the end of the event a summary invoice corresponding to all the services supplied by the organiser, which include the services described in the quotation and in the signed amendments, as well as the supplementary services ordered on the spot, and which could not be the object of a signed amendment.

In any case, the C.I.D reserves the right to demonstrate by every possible means proof of supplementary services which had not been agreed to in a contract through the exchange of mails, faxes and letters.

All CID rates are exclusive of VAT. The taxes due on the price will be calculated according to the applicable rate on the date of the event.

Payments shall be made by bank transfer or bank cheque made payable to the C.I.D. These payments shall be esteemed as received when the corresponding amounts have been effectively credited to the C.I.D’s account.

Amounts paid do not accrue interest.

Deadline for payment is stated in the quote. Failing this payment must be settled on reception of the contract. In the case of a framework contract, the annual price may be fixed by the CID on the basis of existing rates in the provisions of article 1164 of the civil code.

A payment guarantee may be asked for by the CID in the form of a first demand guarantee, being 15 % of the rental price with a minimum of 1 500 euros sent to the CID on the date of deposit.

The cancellation of the event, even in case of force majeure, and therefore of the present contract, does not give rise to the reimbursement of the deposits paid.

Set-off: no set-off may be made by the Client without having first obtained the agreement of the C.I.D. and provided that the debt is certain, liquid and due.

Article 5 – Late Payment Penalties

In the case of late payments in full or in part at due dates, the organiser will be required to pay late payment penaltiesto the SAEM Management Company equal to the ECB refinancing rate, increased by 10 percentage points in accordance with article L.441-10 of the trade code.

These penalties are calculated on the amount including VAT of part or all of the amount to be paid, and interest is payable from expiry and within 15 days of a formal notice being sent, without the need for prior formal notice.

In the case of enforcement, a flat rate penalty of 20 % of the debt will automatically be payable in addition to the legal penalty of 40 euros.

The CID reserves the right to end the contractual relationship after sending a registered letter and the termination of the contract would open rights to the allowance of damages to the profit of the CID.

Article 6 – General Rental Conditions

6.1. Respect of Contractual documents, safety regulations and the image of the company.

The organiser shall comply and ensure compliance of the personnel and all persons participating in the event with the general rental conditions and those conditions specific to exhibitions and shows.

The organiser will comply and enforce compliance of its personnel and all persons participating in the event with the legal and regulatory requirements concerning safety, in particular concerning fire safety, in accordance with the CID.

The client will comply with regulations issued by the safety commission, the security manager and the management of the CID before and during the event, in particular in terms of access points, headcounts, layout, use of equipment and areas.

For security reasons, in the event of winds higher than 90 km/hour or more than 4cmof snow, tents and all outside structures must be evacuated.

The organiser will comply and enforce compliance with the legal and regulatory provisions concerning public decency, public peace, respect for the neighbourhood and the organisation of meetings.

The CID may evict any person whose attitude or whose clothing is judged as incompatible with the dignity and the reputation of the establishment or the town or who refuses to comply to the premises policy. Ant recording of images or sound, any photography and any partial or total reproduction of the Villa LE CERCLE must be the subject of a written authorisation from the CID, which reserves all rights to itself.

Anti-Corruptions Provisions : The parties undertake to comply with the regulations lais down for that purpose by law no.

2016-1691 of 09/12/2016 in particular concerning provisions from warning signals/alarms for companies with less than 50 staff (article 6 to 16 of the law).

6.2. Inventories and Fixtures

The premises leased by the CID are done so in their present state, which the client acknowledges and accepts.

The client will inform the CID as soon as possible of any decorations or installations on the premises, or of the display of signs or posters.

The client undertakes not to change the use a,d function of these premises, equipments or services related to the event.

The CID reserves the right to refuse adjustments.

The implicit or explicit acceptance of adjustments carried out by the orgniser does not engage the responsability of the CID in case of damages to the above said adjustments.

The adjustments to the spaces must in any way damage or alter the permanent fixtures in the Villa LE CERCLE and should not adversly affect the amenities or the security of the organisers and participants. Any damage caused by the organiser will remain at his charge. For this reason the organiser should take out damage insurance. Electric power being limited within the building, it is necessary to inform the CID of material that the organiser wishes to fit (catering, sound, lighting, videos) to avoid power cuts by the CID’s energy provider.

In compliance with decree 98-1143 dated 15 December 1998, a noise limiter has been installed inside the building in order to reduce noise pollution. Regarding the exterior, you are requested to be considerate in respecting the neigbours.

Hazardous materials are forbidden inside the building ( gas, chemical products…). The same applies to the use of fire or bodies of water.

The CID insists upon the use of technical material already available within the establishment.

The following services are imperatively provided by the CID, for the safety of persons or property. These include the following (non-exhaustive) :

Electrical connections
Management of safety and security teams
Permanent General Manager
Permanent sanitation staff
Technical support, in particular rigging and slingling
Temporary light and sound
Stage, podium, platform and dance floor
Carpeting
Cleaning staff
Rental of skips or storage bins to evacuate waste.

The following optional services, by their very nature, may be carried out by a third party after authorisation from the CID :

Floral decoration

General decoration -Entertainment

The carrying out of optional services by the CID will need prior conclusion of the order sent to the CID at least 30 calendar days before occupancy.

An inventory of fixtures will be carried out before and after the event by both parties. The organiser and the CID undertake to be present at this time or be represented at the inventory at the fixed dates and times which will be agreed by both parties, taking into account the occupancy timetable of the villa LE CERCLE.

As a result, the party which could not be present or represented at the inventory must renounce to any consequence of its absence.

The departure inventory will be issued to the organiser and any costs for rehabillitation will be given to the organiser. Failure to reply within 15 days (15) will result in refurbishment being carried out at the cost of the organiser.

The Client commits to paying any costs incurred.

6.3. Drinks catering and other services

The CID has exclusivity of the distribution of drinks as well as the organisation of coffee breaks, cocktails and receptions. The catering will be made only by a caterer approved by the CID. The list of caterers can be communicated on demand.

In case the organiser decides otherwise, a commisssion of 15 % of the profits of the caterer during the event will be paid to the CID for the use of staff and services.

As a general rule all service providers chosen by the client must be approved by the CID. Failing this agreement, the service providers will not be permitted to intervene within the premises. The CID may suggest service providers.

6.4. Intuitu personae

if the client should so decide, upon implementation of the present contract to use a third party substitute, he must obtain prior written consent from the CID. In this case, the client will remain jointly responsible to undertake the terms and conditions of the contract and he will remain guarantor of payment for the services ordered by the third party.

6.5. Name and image of the Client

Unless otherwise requested and written by the client, the CID has the possibility to use the name and the image of the client, his photographic rights, audiovisual rights and digital rights for the promotion of the event and its commercialisation during and after the event. The customer explicitly waives its right to institute proceedings against the CID as well as against producers, distributors and editors as a result of any distribution of its image or that od its personnel in France or abroad and by any medium. This is subject to laws applicable to data protection, or its brand, its products or services and guarantees the CID against claims, as well as its subcontractors and co-contractors, the same obligations being applied.

6.6. Compliance with internal regulations

Any selling, catering, exhibition or distribution is forbidden within the villa LE CERCLE without a specific authorisation in writing from the CID (beverage, food, publication, pamphlet, or various sales.)

The organiser commits to abiding by and enforcing compliance by the personnel of the organiser and all persons participating in the event with the legal and regulatory provisions concerning fire safety, particularly in establishments receiving the public and those covered by statutory order 73.1013 of October 31 1973 and legal stipulations relative to its application, as well as internal safety regulations.

Smoking and vaping are prohibited inside the villa LE CERCLE and food and drink may not be brought inside the premises (unless prior authorisation to this effect has been obtained by the CID.)

6.7. Water, heating and air conditioning

Heating and air conditioning shall be provided to maintain a standard temperature adapted to the climate, that being 19°. However, the CID is not obliged to take action to rectify variations in temperature ranging from 18 to 25°C.

The water supply is untreated and the CID may not be held responsible for poor water quality.

6.8. Taxes and Duties

Theorganiser will pay the taxes, duties and other contributions as well as the costs for which he will be liable and which he will owe to any person or body for its event.

6.9. Complaints during the event

All complaints during the event concerning the availability of the premises should be dealt with on site during the event, on the day the complaint arises so that the problem can be resolved immediately by the management. Failing this, no claim will be valid.

Article 7 – Personal Data

Both parties commit to the provisions of law no. 78 of the 6th January 1978 concerning data processing, files and liberties, as well as to those of the European regulation 2016/679 of the 27 April 2016 concerning the protection of personal data.

For this reason, as soon as the CID, as part of its mission, processes the personnel data of its client, it commits to :

Respecting the European law 2016/678 of April 2016, which came into force on the 25 May 2018.
To process data only if it is required
Keep personal information confidential
Take physical, organisational and technical security measures in order to protect personal data.
To not transfer personal data outside the European Union, unless prior agreement from the client and according to current regulatory requirements.

Personal data will be stored for a period of thirty six (36) months from the end of the contract, when it involves information given in the contract, or failing this, from the moment the infomation was given. The CID commits to deleting any data at the customers request and in any case before expiry of the period mentioned.

The client can ask for a rectification to the data information manager at the CID at the following address: protection-donnees@congres-deauville.com

Article 8 – Correct Implementation of the Contract

8.1. To ensure proper implementation of the present contract the interested parties should collaborate actively, regularly and loyally in good faith.

Hence it will be for the client to give the CID, and vice versa, all the necessary information for the completion of services and to make him aware of any difficulties that he may be aware of or that his knowledge in his area of activity allows him to consider, and this as and when is necessary while fulfilling the contract.

8.2. Unforseen Circumstances

If there is any change in circumstances, unforseen upon conclusion of the contract, which renders the contract more onerous for one party who would not have accepted the risk, either party may request a renegotiation of the contract. This will be the case particularly in the event of obligation imposed by the authorities for administrative or security reasons.

In the case of failure of the negotiations, termination may be carried out without judicial intervention as required by article 1195 of the civil code.

Article 9 – Annulation by the client

9.1. CID services- Rental of the villa LE CERCLE

In the case of annulation by the client before the event of all or part of the sevices forseen in the contract or in the event of termination of the contract, the organiser must pay all or part of the price according to the schedule of due dates below.

If this cancellation intervenes :

Between the signature and one year before the event: 30 % of the price
Between 1 year and 4 months: 60 %
Between 4 months and 2 months: 80 %
Between 2 months and 1 month: 90 %
Less than 1 month before the event: 100 % of price

This schedule is also applicable to Study Days.

The percentage of the indemnity will be calculated on the total price excluding VAT in case of total cancellation of the event or on a pro rata proportion of the amount (excluding VAT) of the cancelled event in the case of partial annulation.

9.2. CID Services – Villa Le CERCLE – Catering

In the case of cancellation before the event of all or part of the meal services, coffee breaks, cocktails provided for in the quote, this will result in payment of all or part of the price, according to the schedule below. If this cancellation intervenes :

Between the signature and one month before the event : adjustment without extra charge.
Between one month and 8 days : adjustment up to 15 % of the number of people stipulated, without extra charge.
Less than 8 days before the event, no adjustment, 100 % penalties.

Article 10 – Breach of Contract and Contract Termination

10.1. Exception of non-performance

In accordance with articles 1219 and 1220 of the civil code, each party may refuse to carry out or suspend his obligation, although payment is due.

If the other party does not carry out his obligations and if this breach is sufficiently serious that is to say threatens to undermine the continuation of the contract or fundamentally upset his economic balance, supension may take place immediately, on reception by the defaulting party of a failure notice which has been sent by the adversly affected party indicating his intention to apply a breach of contract law as long as the defaulting party has not resolved its breach, and who has been notified by recorded letter with proof of receipt or by any other durable medium which provides a record of the sending thereof.

This exception may also be used as a precautionary measure in accordance with the provisions of article 1220 of the civil code, if it becomes evident that one of the parties will not be able to carry out scheduling and that the consequences of this breach are sufficiently serious for the adversly affected party.

This option is used at the risk of the applicant.

Suspention of the contact will take place immediately, upon reception by the defaulting party of the intention to apply preventative contract law until the defaulting party executes the obligation of which its failure has become obvious, and notified by registered letter with proof of reception or any other durable medium that provides a record of sending or thereof.

The provisions of article 1223 of the civil code concerning the reduction of price are explicitly excluded by the parties.

10.2. Termination

In the case of serious breach by one or other of the parties of one of the obligations of the contract and the present General Rental Conditions as well as its annexes, the contract may be terminated by the aggreived party 8 days after the dispatch of notice stating the exact nature of the breach as well as the intention of termination of the contract in the case where the formal notice remains unsuccessful, despite the payment of damages.

Article 11 – FORCE MAJEURE

The responsability of the parties may not be implemented if failure or delay in carrying out one of the conditions written in the present General Rental Conditions arises from a case of force majeure.

Accounts will be stopped at the date of the event and made payable to the organiser. No reimbursement will be made.

The force majeure includes any exterior unforseeable and irresistible event as stated in article 1218 of the civil code, and particularly in the following cases : fires, explosions, storms, water damage, lightening, computer failures, flooding, administrative ban on access to rented premises.

The party that notices the event should inform the other party of his inability to carry out services without delay and justify the reasons thereof. The suspension can in no way be a cause for failure to implement obligations, or lead to the payment of damages or late payment penalties.

Implementation of obligations is to be suspended for the duration of the event (force majeure) if it is temporary and does not exceed the length of the contract. As a result, as soon as the cause of the suspension has come to an end, the parties will do their best to resume

their contractual obligations. Furthurmore, the prevented party will notify the other party that activity has been resumed as soon as possible, either by registered letter with proof of reception or any extra-judicial process.

During the suspension, the parties agree that costs which arise from the situation will be at the expense of the prevented party.

Article 12 – Responsability

The organiser will be fully responsible for all bodily and material damages, including theft consecutive or not, whether caused to a third party or the CID, or to anything he owns, or that he keeps or to any person for whom he is responsible or damages caused by himself,and this for the duration of the event, except in a case of force majeure.

Should the CID be unable to rent the premises or equipment for reasons outside its control, only amounts paid in advance shall be reimbursed, minus any amounts corresponding to costs incurred in preparing the event.

Article 13 – Insurance

The parties certify to having subscribed to the necessary insurance policies (and to maintain them) concerning the risks associated with their activity, with a creditworthy insurance company for all the financial risks arising from their responsability by way of damages caused directly or indirectly by themselves within the framework of the contract, and be able to justify at any time on simple request.

The amounts guaranteed by the insurance policy do in no way constitute limits of liability.

The CID holds property and casualty insurance covering damage caused by third parties under the responsability of the CID.

The client must take out compliant insurance, that is to say organiser civil liability including renunciation of right of recourse against the CID and all the insurance policies covering goods deposited or exhibited.

The CID declines all reponsability in the case of damage or theft except in the case where effects have been officially entrusted to the CID’s keeping according to specific agreements.

The client must take out cancellation insurance covering all damages. A copy of the Client’s insurance certificates is attached.

Article 14 – Right of Withdrawal

The organiser is informed that according to article L221-28, 12 of the code of consumption, the provision of leisure activities with specific dates do not have a right of withdrawl as laid down in article L221-28 of the code.

Article 15 – Nul and Void Clauses

The annulation of one or several clauses of the present convention by a judicial decision or by agreement between the parties will not alter the other stipulations which continue to have effect as long as the directive as a whole is protected.

In the case where the implementation of one or several of the clauses of the present contract will be made impossible because of its cancellation, the parties will try to come together to establish a new clause in which both the letter and the spirit of the agreement

will be as close as possible to the original clause, the other conditions laid down in the convention remaining unchanged.

Failing this, or if the whole contract is upset, the parties may agree, in writing, to cancel the whole of the contract.

Article 16 – PRESCRIPTION

All the actions pertaining to the contract entered into between the parties as well as the general rental conditions are prescribed after a year, as from the end of the event.

Article 17 – Applicable law, Contract Language, Competent Court

The interpretation, the validity, the implementation and the termination of the present General Rental Conditions entered into between the CID and the organiser are subject to French Law.

The contractual documents are written in French. In the event that they are translated into one or several langages, only the French text would prevail in the case of dispute.

If no amicable agreement is reached, in the form of conciliation, in a delay of 2 weeks (2) as from notification of a dispute susceptible to come about between the CID and the client at the time of validation, implementation or interpretation of the contract and unless otherwise stated, the litigation will be under the exclusive jurisdiction of the Commercial Court in LISIEUX, including in warranty and multiple defendants, it being specified that any reconciliation measures will not apply in case of emergency or any action relating to payment.