Terms and Conditions

PREAMBLE

(A) The Service Provider is an event agency based in CANNES, with over ten years of presence at all congresses and festivals.
(B) The Client has contacted the Service Provider for the provision of Event Services related to the organization of an Event, and the Service Provider has sent them a commercial proposal describing the projects for decoration, technical installation, entertainment, or various arrangements.
(C) The Client has accepted the terms of the commercial proposal and has entered into the Contract with the Service Provider, which appears on the cover of these presents.
(D) These general terms and conditions of service (hereinafter the “GTCS”) are an integral part of the Contract appearing on the cover of these presents.

1. DEFINITIONS

1.1 Client: any professional, natural or legal person who benefits from the Event Services.
1.2 Contract: the contractual documentation binding the Client and the Service Provider, composed of
• the description of the Event Services appearing on the cover of these GTCS and
• these GTCS.
1.3 Calendar Days: all days of the week, including public and non-working holidays.
1.4 Event: the event for which the Client has entrusted the organization and coordination to the Service Provider.
1.5 Party or Parties: the Service Provider or the Client individually or both collectively.
1.6 Service Provider: the company CANNES EXHIBITIONS, a limited liability company with a share capital of 7,500.00 EUR, registered with the CANNES RCS under number 499 043 636, whose intra-community VAT number is FR37 499 043 636, whose head office is located at 18 rue Victor Cousin, 06400 CANNES, represented by Mrs. Sandrine CHEVALIER, acting in her capacity as manager, email address: france@cannes-exhibitions.com.
1.7 Event Services: “à la carte” or complete organization and coordination services for the Event described in the Contract appearing on the cover of these GTCS.
1.8 Reception Venue: the place where the Event Services are performed.

2. OBJECT

2.1 The purpose of these GTCS is to define the terms and conditions under which:
i. the Service Provider provides the Event Services to the Client;
ii. the Client benefits from the Event Services;
iii. the Client pays the Service Provider the price for the Event Services.
2.2 These GTCS, the stipulations of which are negotiable between the Parties, are concluded by mutual agreement, within the meaning of Article 1110 of the Civil Code.

3. ENTRY INTO FORCE

It is expressly agreed between the Parties that the Contract shall only enter into force upon the cumulative occurrence of the following two events:
3.1 the signing of the Contract and these GTCS by the Client; and
3.2 the payment by the Client of the down payment provided for in Article 7.2.2 of these GTCS.

4. DURATION

The Contract lasts until the end date of the Event, mentioned in the Contract appearing on the cover of these GTCS.

5. OBLIGATIONS OF THE SERVICE PROVIDER

5.1 The Service Provider undertakes to provide the Client with the Event Services according to the terms described in the Contract appearing on the cover of these GTCS.
5.2 It is expressly agreed between the Parties that the obligation incumbent on the Service Provider under Article 5.1 of these GTCS is only an obligation of means.
5.3 The Service Provider may modify the Event Services or immediately end the Event and terminate the Contract under the conditions stipulated in Article 8.2 of these GTCS, at its sole discretion:
i. depending on weather phenomena;
ii. in the event of a change in the applicable regulations;
iii. in all cases where the Service Provider considers, at its sole discretion, that the Event poses a risk to the safety of persons.

6. OBLIGATIONS OF THE CLIENT

6.1 Payment of the price of the Event Services
In return for the Event Services provided by the Service Provider, the Client undertakes to pay the Service Provider the price of the Event Services under the conditions and according to the terms described in Article 7 of these GTCS.
6.2 Duty of collaboration
6.2.1. The Client undertakes to collaborate with the Service Provider and to enable the Service Provider to perform the Event Services under the best possible conditions.
6.2.2. The Client undertakes in particular to:
i. communicate to the Service Provider all information necessary for the proper performance of the Event Services;
ii. provide all necessary and precise instructions to the Service Provider in a timely manner for the performance of the Event Services;
iii. not interfere in the performance of the Event Services: it is expressly agreed that the Service Provider may refuse the intervention of any other service provider in the organization of the Event, and this refusal of an external service provider shall in no case be considered a termination of the Contract;
iv. leave the general coordination of the Event to the Service Provider, regardless of the commitments undertaken by the Client: the Client shall be personally responsible for any commitments they may have undertaken elsewhere;
v. not hinder the performance of the Event Services;
vi. inform the Service Provider without delay of the intervention of another service provider at the Reception Venue: it is expressly agreed that the Service Provider may refuse access to the Reception Venue to any other service provider;
vii. obtain all authorizations necessary for the holding of the Event (in particular, the Client’s accreditation in the context of a congress): the Client expressly acknowledges that the failure to obtain such authorization cannot be considered a cause for termination of the Contract by the Client and shall not give rise to any restitution of property or money from the Service Provider;
viii. formulate any complaint concerning the Event Services by registered letter with acknowledgment of receipt sent to the Service Provider within a period of seven (7) days following the end of the Event: in the absence of a complaint formulated by the Client within this period, the Event Services shall be deemed to have been provided by the Service Provider in accordance with the Contract.
6.3 Guest reception
6.3.1. The Client is responsible for sending the invitations, which remains at the Client’s expense.
6.3.2. The Client undertakes to communicate to the Service Provider, no later than ten (10) days before the start of the Event, the number of people actually expected: subject to the provisions of Articles 7.1.6 and 7.1.7 of these GTCS, this number communicated by the Client may no longer be modified.
6.3.3. In the event that the maximum number of guests is reached on the day of the Event, the Client undertakes to inform any additional person of the impossibility of receiving them at the Reception Venue.
6.3.4. The Client undertakes to dedicate a member of their team to welcoming their guests at the Reception Venue.
6.3.5. The Client undertakes to collaborate with the Service Provider to facilitate the implementation and observance of safety and guest reception rules for the running of the Event.
6.4 Respect for the Event schedule and safety instructions
6.4.1. The Client undertakes to respect the Event schedule mentioned in the Contract appearing on the cover of these GTCS.
6.4.2. The Client undertakes to respect and to ensure that any person present at the Reception Venue respects the applicable safety regulations throughout the duration of the Event.
6.4.3. Any violation by the Client or by any person present at the Reception Venue of the applicable safety regulations authorizes the Service Provider to immediately end the Event and to terminate the Contract under the conditions stipulated in Article 8.2 of these GTCS.
6.5 Taking out insurance
6.5.1. The Client is required to take out an insurance policy to cover all equipment brought to the Reception Venue against any damage, including theft, as well as to cover their liability towards third parties for the entire duration of the Event.
6.5.2. The Client has the option of taking out “cancellation insurance” with their usual insurer to cover the risks associated with the cancellation of the Event: the Client expressly acknowledges that no “cancellation insurance” is included in the Event Services provided by the Service Provider and that taking out this “cancellation insurance” remains the responsibility of the Client.
6.5.3. In the event that the Client decides not to take out insurance covering the risks associated with the cancellation of the Event, the Client acknowledges being fully informed of the financial consequences incurred in the event of cancellation of the Event.
6.6 Declaration of the Event to SACEM
6.6.1. The Client is required to declare the Event to the Society of Authors, Composers and Publishers of Music (SACEM), as soon as music is broadcast.
6.6.2. The Client must pay the royalties to SACEM and provide proof of this to the Service Provider.
6.7 Respect for the Service Provider’s business contacts
6.7.1. The Client undertakes, for a period of five (5) years from the end of the Event, not to enter, directly or indirectly, into any contract for the organization of an event with a client, reception venue, supplier, distributor, agent, representative, creditor, co-contractor, partner, or consultant of the Service Provider or any other person whom the Client knows to have business relations with the Service Provider.
6.7.2. The Client declares that in the event of a breach of the commitment undertaken pursuant to Article 6.7.1 of these GTCS, they undertake to pay compensation to the Service Provider to fully compensate for the direct and indirect damage suffered as a result of this breach, the amount of which is set at a minimum of forty percent (40%) of the amount, excluding tax, of the Event Services invoiced under the Contract.

7. PRICE

7.1 Pricing conditions
7.1.1. The price of the Event Services is indicated in the Contract appearing on the cover of these GTCS.
7.1.2. The price of the Event Services is expressed in euros and is stated exclusive of taxes.
7.1.3. The price of the Event Services is increased by the value-added tax (VAT) which is calculated at the rate in force.
7.1.4. The price of the Event Services will not give rise to any discount, rebate, or refund from the Service Provider.
7.1.5. In the event of early payment of the sums due by the Client, the Service Provider will not grant any discount.
7.1.6. Any service other than the Event Services will be considered an additional service subject to these GTCS and will give rise to a separate invoice payable upon receipt.
The Client acknowledges that the following constitute additional services, this list not being exhaustive:
i. an increase in the number of participants in the Event greater than five (5) %;
ii. all orders for services distinct from the Event Services;
iii. all overtime hours.
7.1.7. Subject to the provisions of Article 8.1 of these GTCS, any modifications to the Event Services desired by the Client will be taken into account by the Service Provider, within the limits of the possibilities of the Service Provider and the Reception Venue, only if the following conditions are cumulatively met:
i. the desired modifications are notified in writing by the Client to the Service Provider:
• at least one (1) month before the start date of the Event when these modifications concern technical elements or the menu;
• at least one (1) week before the start date of the Event when these modifications concern the number of participants in the Event;
ii. the desired modifications result in an increase in the amount invoiced under the Contract: the Client expressly acknowledges that from the signing of the Contract, the Client will not be entitled to request a downward modification of the Event Services;
iii. the Service Provider has acknowledged receipt of the modification request by issuing a new quote in writing; and
iv. the Client has accepted the new quote issued by the Service Provider in writing.
7.2 Terms and deadlines for payment
7.2.1. The price of the Event Services is payable by bank transfer to the Service Provider’s bank account, the details of which are attached to the invoice.
7.2.2. The price of the Event Services is payable in two (2) installments by the Client according to the following terms:
• payment of a down payment of fifty percent (50%) on the day of the signing of the Contract;
• payment of the balance of the price of the Event Services no later than sixty (60) days before the start date of the Event.
7.2.3. The price of additional services ordered by the Client in compliance with the provisions of Article 7.1.7 of these GTCS is payable upon receipt of the corresponding invoice.
7.3 Penalties applicable in case of late payment
In addition to the application of the provisions of Article 1219 of the Civil Code allowing the Service Provider to suspend the performance of the Event Services in the event of non-payment of the price of the Event Services by the Client, the Service Provider may implement the penalties provided for in Articles 7.3.1 and 7.3.2 of these GTCS.
7.3.1. Late payment penalties
7.3.1.1. In the event of non-payment of the full price of the Event Services by the Client by the due date, the sums due will be increased automatically and without the need for a formal notice, by a late payment penalty at an interest rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points.
7.3.1.2. The applicable interest rate for the first semester will be that in force on January 1st of the year in question.
7.3.1.3. The applicable interest rate for the second semester will be that in force on July 1st of the year in question.
7.3.1.4. Late payment penalties will be due automatically on the day following the payment date shown on the invoice.
7.3.2. Fixed compensation for recovery costs
7.3.2.1. In the event of non-payment of the full price of the Event Services by the due date, the Client will be automatically liable to the Service Provider on the day following the payment date shown on the invoice, for a fixed compensation for recovery costs in the amount of forty euros (40 EUR).
7.3.2.2. The fixed compensation mentioned in Article 7.3.2.1 of these GTCS will be in addition to the late payment penalties due.
7.3.2.3. If the costs incurred by the Service Provider for the recovery of the sums due by the Client exceed the amount of the fixed compensation mentioned in Article 7.3.2.1 of these GTCS, the Service Provider may request additional compensation upon justification.

8. TERMINATION

8.1. Cancellation of the Event Services by the Client
8.1.1. In the event of cancellation of the Event Services by the Client more than ninety (90) Calendar Days before the start of the Event, for any reason whatsoever, including in a case of force majeure, the Client will remain liable to the Service Provider for the payment of a lump sum equivalent to fifty percent (50%) of the price of the Event Services.
8.1.2. In the event of cancellation of the Event Services by the Client less than ninety (90) Calendar Days before the start of the Event, for any reason whatsoever, including in a case of force majeure, the full price of the Event Services will remain due by the Client.
8.1.3. Any substantial modification of the Event Services by the Client will be considered a case of cancellation of the Event Services by the Client.
8.1.4. The Client acknowledges that the Contract and these GTCS constitute an instant-performance contract that does not become void in the event of the disappearance of the purpose of the contract within the meaning of Article 1162 of the Civil Code.
8.1.5. In all cases of cancellation of the Event Services by the Client, for any reason whatsoever, including in a case of force majeure or the disappearance of the purpose of the Contract within the meaning of Article 1162 of the Civil Code, none of the sums already paid by the Client, under the Contract and any additional services, will be refunded by the Service Provider.
8.2. Termination of the Contract by the Service Provider
8.2.1. In the event of non-compliance with the provisions of these GTCS and the Contract on the cover hereof by the Client, and in particular in the event of non-payment of the full price of the Event Services by the Client, or in the event of non-compliance by the Client with the obligations incumbent upon them under Article 6 of these GTCS, the Service Provider may terminate the Contract automatically, without any prior formal notice and without prejudice to any damages that the Service Provider may claim from the Client.
8.2.2. The Client expressly acknowledges that in the event of non-compliance with the provisions of these GTCS and the Contract on the cover hereof by the Client, the Service Provider may also immediately stop or interrupt, without prior formal notice, the running of the Event.
8.2.3. The Client also acknowledges that in the event of weather phenomena, a change in applicable regulations, or in any case where the Service Provider considers, at its sole discretion, that the Event poses a risk to the safety of persons, the Service Provider may terminate the Contract automatically, without any prior formal notice, and immediately stop or interrupt, without prior formal notice, the running of the Event.
8.2.4. In the event of termination of the Contract by the Service Provider, even when this termination or automatic resolution results from a force majeure event, the Client expressly acknowledges that:
i. the sums due by the Client, under the Contract and any additional services, will remain fully due to the Service Provider;
ii. the Service Provider will be released from all of its obligations under the Contract;
iii. the Client may not claim any restitution of property or money from the Service Provider.
8.2.5. In the event of termination of the Contract by the Service Provider, even when this termination or automatic resolution results from a force majeure event, the Client irrevocably and definitively waives any request, action, recourse, or call on a guarantee aimed at obtaining the conviction of the Service Provider to repair any damage in connection with the termination or automatic resolution of the Contract.

9. FORCE MAJEURE

9.1. Any event beyond the control of the Parties, which could not have been reasonably foreseen at the time of the conclusion of the Contract and the effects of which cannot be avoided by appropriate measures, will be considered a case of force majeure within the meaning of Article 1218 of the Civil Code.
9.2. It is expressly agreed between the Parties that the following events will be considered as cases of force majeure preventing the performance of its obligations by the Service Provider, this list not being exhaustive:
i. an act of government or any modification, cancellation, or withdrawal of an authorization issued by an administrative authority or by any authority responsible for organizing an event;
ii. the implementation of the ORSEC plan (Organization of the Civil Security Response);
iii. weather phenomena such as heavy rain, floods, wave-submersion phenomena, sea storms, gales, violent winds;
iv. earthquakes;
v. the error of a third party;
vi. epidemics and pandemics;
vii. the closure of borders or airports;
viii. total or partial strikes;
ix. terrorist attacks;
x. state of war.
9.3. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the Contract under the conditions provided for in Article 8 of these GTCS.
The Client expressly acknowledges that any delay that would force the Service Provider to pay penalties to its partners will be considered a delay justifying the termination of the Contract by the Service Provider under the conditions provided for in Article 8 of these GTCS.
9.4. If the impediment is permanent, the Contract is terminated automatically and the Service Provider is released from its obligations under the conditions provided for in Article 8 of these GTCS.

10. INTELLECTUAL PROPERTY

10.1 The Service Provider retains full intellectual property of the studies, projects, and any other document produced in the context of the performance of the Event Services.
10.2 The Client is prohibited from:
• communicating to third parties all or part of the studies, projects, and any other document produced in the context of the performance of the Event Services;
• reproducing and/or disseminating all or part of the studies, projects, and any other document produced in the context of the performance of the Event Services;
• exploiting for industrial and/or commercial purposes all or part of the studies, projects, and any other document produced in the context of the performance of the Event Services;
• assigning free of charge or for a fee to third parties all or part of the studies, projects, and any other document produced in the context of the performance of the Event Services
without the prior written and express authorization of the Service Provider.

11. INSURANCE

The Service Provider has taken out an insurance policy with the company CIRCLES GROUP SA, policy No. RCEXP-CA3196, covering it for its professional civil liability for the provision of Event Services in Metropolitan France, in Cannes.

12. LIABILITY

12.1 EXCLUSION OF LIABILITY
12.1.1. THE CONTRACTUAL LIABILITY OF THE SERVICE PROVIDER MAY NOT BE ENGAGED BY THE CLIENT IN THE EVENT OF DELAY OR PARTIAL OR TOTAL NON-PERFORMANCE OF THE EVENT SERVICES ATTRIBUTABLE TO A CASE OF FORCE MAJEURE AS DEFINED IN ARTICLE 1218 OF THE CIVIL CODE AND IN ARTICLE 9 OF THESE GTCS.
12.1.2. THE CONTRACTUAL LIABILITY OF THE SERVICE PROVIDER MAY NOT BE ENGAGED BY THE CLIENT IN THE EVENT OF PARTIAL OR TOTAL NON-PERFORMANCE OF THE EVENT SERVICES RESULTING FROM THE CANCELLATION OF THE EVENT SERVICES BY THE CLIENT, INCLUDING IN A CASE OF FORCE MAJEURE OR THE DISAPPEARANCE OF THE PURPOSE OF THE CONTRACT WITHIN THE MEANING OF ARTICLE 1162 OF THE CIVIL CODE.
12.1.3. THE CONTRACTUAL LIABILITY OF THE SERVICE PROVIDER MAY NOT BE ENGAGED BY THE CLIENT FOR ANY DIRECT OR INDIRECT DAMAGE RESULTING FROM THE INTERVENTION OF AN EXTERNAL SERVICE PROVIDER CHOSEN BY THE CLIENT AT THE RECEPTION VENUE.
12.1.4. THE CONTRACTUAL LIABILITY OF THE SERVICE PROVIDER MAY NOT BE ENGAGED BY THE CLIENT IN THE EVENT OF PARTIAL OR TOTAL NON-PERFORMANCE OF THE EVENT SERVICES RESULTING FROM WEATHER PHENOMENA, A CHANGE IN APPLICABLE REGULATIONS, OR IN ANY CASE WHERE THE SERVICE PROVIDER CONSIDERS, AT ITS SOLE DISCRETION, THAT THE EVENT POSES A RISK TO THE SAFETY OF PERSONS.
12.2 LIMITATION OF LIABILITY
THE CONTRACTUAL LIABILITY OF THE SERVICE PROVIDER TOWARDS THE CLIENT WILL BE LIMITED TO THE PRICE OF THE EVENT SERVICES ACTUALLY PAID BY THE CLIENT.

13. STATUTE OF LIMITATIONS

13.1. Pursuant to the provisions of Article 2254 of the Civil Code, and in order to ensure the Parties a peaceful enjoyment of their rights arising from the Contract, the Parties have agreed to limit the statute of limitations applicable to all actions relating to disputes arising from the Contract or on its occasion and relating in particular, without this list being exhaustive, to its formation or any defect known or which should have been known at the date of signing the Contract and more generally to the interpretation of the Contract, its performance or non-performance, its interruption or its termination.
13.2. The Parties have therefore agreed that the statute of limitations applicable to the actions referred to in Article 13.1 of these GTCS will be one (1) year.

14. INVALIDITY

14.1. If any of the clauses of these GTCS were to be declared null, unenforceable, illegal, or deemed unwritten pursuant to a legal or regulatory provision, or a court decision that has become final, the disputed clause will be removed from these GTCS and all other clauses will retain their full binding force and scope.
14.2. In this case, the Parties must negotiate in good faith a lawful stipulation consistent with the spirit of the null, unenforceable, or illegal clause in order to replace the latter.

15. ENTIRE AGREEMENT

15.1. These GTCS and the Contract on the cover hereof, of which it is an integral part, as well as any written amendments between the Parties and signed by the representatives of each of them duly authorized for this purpose, constitute the entirety of the rights and obligations of each of the Parties.
15.2. These GTCS and the Contract on the cover hereof are not subject to modification by stipulations appearing in documents drawn up unilaterally by the Client: any documentation issued unilaterally by the Client, in particular the Client’s general purchasing conditions, is deemed revoked by the conclusion of these GTCS and the Contract on the cover hereof and will be unenforceable against the Service Provider, even if the Service Provider had been aware of it before the conclusion of these GTCS and the Contract on the cover hereof.

16. PROTECTION OF PERSONAL DATA

16.1. General information
16.1.1. The Client is informed that the data collected by the Service Provider is subject to processing intended to ensure client management and invoicing and is intended for the Service Provider.
16.1.2. The Client’s personal data may not be kept beyond the period strictly necessary for the management of the commercial relationship, and this period may not exceed ten (10) years.
16.1.3. The Client or the Client’s legal representatives may exercise the rights mentioned in Article 16.3.1 of these GTCS:
• either by post to the following address: 18 rue Victor Cousin, 06400 CANNES;
• or by email to the following address: france@cannes-exhibitions.com.
16.2. For the Client as a legal entity
16.2.1. The Client as a legal entity is excluded from the benefit of the protection granted by European Regulation No. 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended in 2018, known as the “Data Protection Act”.
16.2.2. In the event that the processing of data relating to the Client as a legal entity includes the processing of personal data of its legal representatives who are natural persons, the natural person legal representatives of the Client are informed that they will benefit from the protection granted by European Regulation No. 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the “Data Protection Act”, and will have the rights listed in Article 16.3.1 of these GTCS over the data concerning them.
16.3. For the Client as a natural person
16.3.1. In accordance with European Regulation No. 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended in 2018, known as the “Data Protection Act”, the Client has the rights listed below over the data concerning them:
i. the right to access all data being processed by the Service Provider;
ii. the right to object, for legitimate reasons, to the processing of personal data concerning them by the Service Provider; and to object, free of charge, to the use of their data for prospecting purposes, in particular commercial, by the Service Provider or by a subsequent data controller;
iii. the right to question the Service Provider about the personal data being processed;
iv. the right to demand from the Service Provider that, as the case may be, personal data concerning them which is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited, be rectified, completed, updated, locked, or erased;
v. the right to obtain from the Service Provider the erasure of personal data concerning them as soon as possible;
vi. the right to receive the data processed by the Service Provider in a structured format and to transmit this data to a third party without the Service Provider being able to oppose it;
vii. the right to obtain from the Service Provider the restriction of processing to certain data;
viii. the right to lodge a complaint with the CNIL;
ix. the right to define general and specific directives on how they wish the rights mentioned in Article 16.3.1 of these GTCS to be exercised after their death.

17. PROHIBITION OF ASSIGNMENT BY THE CLIENT

17.1. The Contract and these GTCS were concluded by the Service Provider in consideration of the person of the Client.
17.2. The Contract and these GTCS cannot therefore be assigned by the Client to a third party.
17.3. On the other hand, modifications that may occur in the person of the Service Provider, such as, for example, merger, demerger, absorption, partial contribution of assets, sale, transfer to a subsidiary, and any legal or commercial agreement with a third party, would have no effect on the existence or performance of the Contract, which may be assigned by the Service Provider to a third party without the prior written consent of the Client.

18. NOTIFICATIONS

Any notification provided for under the terms of these GTCS must be sent by registered letter with acknowledgment of receipt to the Parties at the following address:
18.1. For the Service Provider:
18 rue Victor Cousin
06400 CANNES
18.2. For the Client:
To the address mentioned on the Contract on the cover of these GTCS.

19. APPLICABLE LAW AND COMPETENT JURISDICTION

19.1. The Contract and these GTCS are subject to French law.
19.2. Any dispute between the Parties as to the existence, validity, interpretation, or performance of the Contract and these GTCS will be subject to the exclusive jurisdiction of the Commercial Court of CANNES, even in the case of multiple defendants or a call on a guarantee.