“FESTARENT”: TOTAL EVENT SUPPORT, a public limited company with its registered office at Voogdijstraat 29, 3500 Hasselt, Belgium, registered in the Antwerp Register of Legal Entities, Hasselt division, under number 0418.614.881, and registered with the VAT authority under number 0418.614.881.
“General Terms and Conditions”: These general terms and conditions, as made available to the Hirer and expressly accepted by the Hirer, prior to the delivery of the services and/or order of the hired goods.
“Special Terms and Conditions/Information”: The special terms and conditions, as made available to the Hirer and expressly accepted by the Hirer, prior to the delivery of the services and/or order of the hired goods.
“Hirer”: Any natural or legal person who wishes to use one or more goods and/or services from Festarent and requests a quote, places an order and/or has entered into an agreement with Festarent.
“Agreement”: The Agreement between Festarent and the Hirer under which the goods are delivered to the Hirer.
“Service(s)”: The services for which the Hirer calls upon Festarent, as further described in the General Terms and Conditions or in the quote, with regard to the delivery and/or assembly and disassembly of the hired goods.
“Hired Goods”: The movable/corporeal goods that Festarent puts at the disposal of the Hirer within the framework of their Agreement, being all kinds of party materials; for example, but not limited to, table decorations, cutlery, seating furniture, tables, linen, party tents etc.
“Inventory”: The document signed by the Hirer and Festarent, in which the Hirer confirms receipt and acknowledges the condition of the Hired Goods at that time.
“Quote”: The quote submitted by Festarent to the Hirer, in which (i) the Services which Festarent shall perform for the Hirer and/or (ii) the Hired Goods which the Hirer wishes to rent are included.
“Parties”: Festarent and/or the Hirer.
These General Terms and Conditions apply to all present and future Agreements concerning the provision of Services and/or Hired Goods by Festarent to the Hirer.
Each Agreement is governed by (in hierarchically descending order, with each becoming applicable in the absence or inapplicability of the foregoing):
The Special Terms and Conditions/Information;
The General Terms and Conditions;
Prior to the conclusion of the Agreement, the parties acknowledge to have read these General Terms and Conditions and the Special Terms and Conditions, and they accept the application thereof to the Agreement.
Festarent expressly rejects the applicability to the Agreement of any other document, such as, but not limited to, the Hirer’s terms and conditions (if any), unless Festarent has expressly accepted the applicability of such document in writing and in advance. Even if Festarent has agreed in advance and in writing to the applicability of, for example, the Hirer’s terms and conditions, these General Terms and Conditions shall continue to apply additionally to the Agreement.
Festarent reserves the right to supplement and/or amend these General Terms and Conditions at any time. Such adjustments and/or changes shall also apply to agreements already concluded. After notice to the Hirer, the Hirer has five (5) working days to comment on this. If the Hirer submits any comments, Festarent shall negotiate with the Hirer about these comments. In the absence of any comments within the stipulated period of five (5) working days, the Hirer shall be deemed to have accepted the changes — tacitly — and the new terms and conditions shall be deemed to have entered into force immediately upon notice thereof to the Hirer.
QUOTE & CONCLUSION OF AGREEMENT
Any offer on the website, in catalogues, newsletters, notes, leaflets and other promotional communications is for information purposes only. Festarent may modify or withdraw these offers at any time. Offers are in any case only valid as long as stocks last. Festarent shall not be bound by any obvious mistakes and/or obvious errors in the offer. Festarent shall only be bound by an obligation of means for the correctness, up-to-dateness or completeness of the information provided.
Non-exhaustive price estimates are provided when requesting a Quote. The Quote does not constitute a binding offer and is to be regarded merely as an invitation to enter into a contract.
All Quotes are valid for thirty (30) calendar days, unless expressly stated otherwise.
Quotes only include services that are explicitly mentioned therein. Additional performances as a result of a change in the assignment by the Hirer, unforeseen circumstances or any other reason not solely attributable to Festarent’s conduct shall not be covered by these performances.
The Agreement between the Parties shall not come into effect until it has been signed in writing or electronically or the Quote has been confirmed in writing or electronically, and in any event, as soon as Festarent commences execution of the Agreement.
All our prices are expressed in euros and include VAT, unless explicitly stated otherwise. The prices do not include transport and installation costs, which are at the expense of the Hirer unless stated otherwise. Prices are always unit prices, even if a total price is stated. Prices only apply to the specifications described in the Quote.
The hire price for the Hired Goods is calculated in accordance with the tariff list as set out on Festarent’s website. The Hirer acknowledges having read this price list prior to receiving the Hired Goods. No discount shall be granted if the actual hire period is shorter than the proposed hire period.
If one or more cost price factors are subject to increases after the date of the Quote, even if this is due to foreseeable circumstances, Festarent shall be entitled to increase the agreed price accordingly and within the legally permissible limits.
INVOICING AND PAYMENT
Payments must be made in cash at the registered office of Festarent or by transfer to the bank account specified (on the front of the invoice) on the date of the invoice, unless explicitly stated otherwise.
In the event of late payment of an invoice past the due date, the price shall be increased by a flat-rate compensation amount of 10%, with a minimum of 50 EUR. In addition, an interest rate of 12% shall be due on an annual basis, calculated per month started.
Non-payment by the due date of a single invoice shall render the outstanding balance of all other invoices immediately due and payable by operation of law, even if these were not due yet.
In the event of late payment of an invoice, the Agreement may be terminated at the expense of the Hirer. Damage compensation is estimated at a flat rate of 15% of the value of the remainder of the Agreement that could not be performed.
Without prejudice to the provisions of Article 5, in the event of a dispute, the invoice must be contested within eight days from the date of issue.
Any cancellation of the order must occur in writing. Cancellation shall only be valid if accepted in writing by Festarent. In the event of cancellation by the Hirer, the Hirer shall owe the following damage compensation:
Cancellation between two months and one week prior to execution: 50% of the total value of the cancelled order shall be due;
Cancellation one week prior to execution: 75% of the total value of the cancelled order shall be due;
Cancellation less than 48 hours prior to execution: 100% of the total value of the cancelled order shall be due.
In addition, reference is made to the Special Terms and Conditions agreed between the Parties and the terms and conditions as stipulated in the Quote, for example.
VERIFICATION & INVENTORY
The Hirer undertakes to thoroughly verify the condition of the Hired Goods prior to accepting them.
Festarent shall draws up an Inventory which, prior to receipt and after verification of the Hired Goods, shall be signed for approval by the Hirer, by which the Hirer irrevocably acknowledges that it has thoroughly examined the Hired Goods in advance, that the Hired Goods do not show any defects and are ready for use and that the amounts and types of Hired Goods correspond to the amounts and types indicated on the Inventory.
HIRE PERIOD – RETURN – INSPECTION
The Agreement is entered into for the term stated on the Inventory.
The Hirer shall return the Hired Goods to Festarent at the end of the Hire Period in the same condition as described in the Inventory. The Hirer authorises Festarent to inspect the condition of the Hired Goods upon return. The Hirer has the right to be present and must report their intention to be present in good time, i.e. prior to the return of the Hired Goods. The Hirer shall provide proof of timely notification to Festarent. Insofar as the Hirer explicitly or implicitly waives this right, it irrevocably accepts the binding nature of the inspection by Festarent.
In the event of late return, the Hirer shall owe a usage fee corresponding to the hire price of the Hired Goods, calculated per day of delay, as well as a flat-rate compensation amount of 10% of the total hire price, without prejudice to Festarent’s right to claim compensation for its actual loss as a result of the late return.
OWNERSHIP – TRANSPORT – DELIVERY
Festarent is and shall at all times remains the owner of the Hired Goods. The Hirer only acquires a temporary right of use with respect to the Hired Goods. Consequently, this Agreement does not in any way result in the grant or transfer of any other right with regard to the Hired Goods to the Hirer or to third parties.
All transport and installation costs associated with the delivery and installation of the Hired Goods shall be at the expense of the Hirer. The risk of the Hired Goods shall be transferred to the Hirer as from the delivery of the Hired Goods to the Hirer, except if the transport is arranged by the Hirer, in which case the risk, if applicable, passes at the moment that the Hired Goods are ready for collection by the Hirer at Festarent’s warehouse.
The Hirer undertakes to always be present to receive the Hired Goods at the agreed time, failing which Festarent shall have the Hired Goods returned to its warehouse without notice and an additional, market-rate transport fee shall be charged to the Hirer.
The Hirer must ensure that delivery of the Hired Goods can always take place at ground level, that access to the place of delivery is always easily accessible and that the terrain is sufficiently paved and driveable for suitable vehicles. The Hirer indemnifies Festarent against any damage to underground installations.
If, during the execution of the Agreement, it becomes apparent that the complete and precise execution of the Agreement is impossible due to circumstances unknown to Festarent (e.g. due to defective, incorrect or incomplete notification by the Hirer, which is not rectified in time by the Hirer), Festarent reserves the right to amend the Agreement by mutual agreement and in all reasonableness, to terminate the Agreement in its entirety subject to reimbursement of the costs already incurred, or to only terminate the Agreement for the part which is not executable.
Costs incurred as a result of the Hirer’s failure to facilitate the execution or progress of the work shall be charged on top of any the additional work not provided for in the Agreement.
The Hirer is obliged to report any special circumstances (e.g. necessary use of an elevator, hoist, crane etc.) in advance under penalty of both the costs caused by the use of these special tools and the acceptance of any possible damage resulting from this use for its own account.
The Hirer undertakes to notify Festarent in good time of any changes in its contact details. Costs resulting from non-compliance with this obligation shall be invoiced to the Hirer.
The Hirer shall notify Festarent without delay of any incident relating to the Hired Goods. Costs resulting from non-compliance with this obligation shall be invoiced to the Hirer.
SUSPENSION AND TERMINATION
In the event of fraud, intent or deceit, or any change in the situation of the Hirer, such as (imminent) bankruptcy, judicial or conventional termination, application of the Belgian Act of 31 January 2009 regarding the continuity of enterprises, payment arrears or any other circumstances that may harm confidence in the Hirer’s creditworthiness, and if the Hirer does not offer a payment guarantee within fifteen (15) days of a request to that effect by Festarent, Festarent reserves the right, purely due to this simple fact, to either suspend the performance of the Agreement with the Hirer up to the point where the Hirer provides an adequate payment guarantee, or to declare the Agreement with the Hirer as terminated from the moment notice of termination is served, without prior notice of default and without judicial intervention, notwithstanding Festarent’s right to claim additional damage compensation.
Festarent has the right to terminate the Agreement with immediate effect, without written notice of default, without any right to compensation for the Hirer, and without prejudice to Festarent’s right to compensation for damages, in the event of non-compliance with one of the provisions of these terms and conditions of hire, in the event of non-payment of at least one due invoice, or in the event of failure to return the Hired Goods at the end of the hire period, if the situation is not rectified by the Hirer within fifteen (15) days of Festarent’s written request to do so.
If the Agreement between Festarent and the Hirer is terminated, whether or not subject to the right of termination described in Article 10.1. or Article 10.2. of these General Terms and Conditions, the Hirer loses the right to require Festarent to fulfil its obligations with regard to the terminated Agreement.
In the event of termination in accordance with Article 10.1. or Article 10.2, the Hirer shall authorise Festarent, without judicial intervention, to collect the Hired Goods or to have them collected, wherever these Hired Goods may be. The Hirer shall bear all costs arising from this.
In the event of termination in accordance with Article 10.1 or Article 10.2, the Hirer shall owe Festarent — in addition to the hire price, a user fee in accordance with Article 8.3 and the transport costs in accordance with Article 10.4 — a flat-rate compensation amount of 50% of the total hire price.
The Hirer has the right to suspend its obligations under the Agreement in the event that Festarent fails to fulfil its essential contractual obligations without objective reason and does not rectify them within fifteen (15) calendar days, if this non-fulfilment can be rectified. If the non-fulfilment cannot (or can no longer) be rectified and/or cannot reasonably be rectified, the Hirer shall have the right to terminate the Agreement with regard to the part no longer executable subject to notice to Festarent by the Hirer.
COMPLAINTS AND COMPLETION
Only complaints for visible defects which manifest themselves after the drawing up of the Inventory and which are submitted in writing and by registered letter within two days after their discovery shall be considered.
In the event of complaints and/or damage as a result of a defective Service and/or Hire Goods that are reported to Festarent in a timely and correct manner, Festarent shall, at its discretion and as it sees fit: (1) replace or repair the defective Hired Goods and/or Services at no additional cost, insofar as the same Hired Goods are still in stock. If the defective Hired Goods are no longer in stock, Festarent may opt to provide the Hirer with an equivalent of the defective Hired Goods; or (2) credit an amount which reasonably corresponds to the nature and scope of the defective Service and/or the defective Hired Goods; or (3) pay damages equal to the damage suffered by the Hirer, limited to the total invoice amount paid by the Hirer for the delivery of (the relevant part of) the defective Service and/or the defective Hired Goods.
The Hirer acknowledges that these measures individually constitute full and adequate compensation for any possible damage resulting from any defects and accepts that the implementation of these measures cannot be considered as an acceptance of liability by Festarent.
Without Festarent’s express written consent, the Hirer shall under no circumstances be entitled to return the Hired Goods or to have work carried out by third parties.
Festarent reserves the right to determine the non-conformity of the delivery and/or other defects itself, and to investigate the cause thereof.
Complaints and/or the possible (partial) replacement or repair of the Hired Goods and/or Services shall in no event release the Hirer from its payment obligation within the term(s) stated on the respective invoice.
The possible replacement of the Hired Goods or the re-performance of Services shall in no event give rise to the payment of any damages, nor to the termination of the Agreement between Festarent and the Hirer.
The Hirer is obliged to reimburse costs incurred as a result of wrongful complaints.
Unless expressly agreed otherwise under the terms of the Agreement, Festarent’s obligations shall in no event be obligations to achieve results, but merely obligations to perform to the best of its ability.
Except in the event of fraud, intentional and/or gross errors in the performance of the Agreement on the part of Festarent and/or its agents, Festarent shall under no circumstances be liable for indirect damages, such as, but not limited to, loss of turnover, loss of profits, loss of customers, an increase in general expenses, administrative and/or personnel costs, consequential loss and/or reputational damage.
Festarent also cannot be held liable for damage as a result of defective Service (i.e. including defective materials and/or consumables), if this damage is wholly or partly due to incorrect, improper, incomplete, untimely, careless and/or unauthorised use, repair or maintenance of the Service by the Hirer or third parties.
Any damages, even those resulting from gross negligence on the part of Festarent and/or its agents, shall in any event be limited to the lower of the following two amounts: (1) the respective invoice amount (excl. VAT); (2) the amount that Festarent receives from its insurer under the respective liability claim pursuant to the civil liability policy entered into by Festarent.
Festarent can under no circumstances be held liable for work carried out or refused against its advice.
Nor can Festarent be held responsible for damage of which the origin is specific to the condition/construction of the room in question.
During the term of the Agreement, the Hirer shall exclusively and integrally be liable for all damages (material, moral, financial etc.) caused to third parties by or due in part to the Hired Goods. The Hirer shall fully indemnify Festarent against all claims made by third parties against Festarent in this regard.
Festarent expressly waives any liability for non-execution/delivery due to causes beyond its control or will/situations of force majeure as stated in Article 14 of these General Terms and Conditions.
PERSONAL DATA & PRIVACY
Within the framework of the Agreement, Festarent shall receive/process certain personal data of the Hirer. Festarent values the privacy of the Hirer and shall process these personal data in accordance with the applicable privacy legislation such as (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and (ii) the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
Festarent shall only request those personal data of the Hirer that are necessary for the purpose of its processing. Festarent shall only process personal data on legal grounds.
FORCE MAJEURE & UNFORESEEABLE CIRCUMSTANCES
If Festarent is unable to perform the Agreement due to force majeure/hardship, even if the situation of force majeure/hardship does not result in the permanent and/or absolute impossibility of execution, or if the contractual balance between the Parties is seriously disrupted by an event beyond Festarent’s control as a result of which it cannot reasonably be expected that the Agreement shall continue to be performed, Festarent shall be entitled (i) to temporarily suspend the performance of its obligations, or (ii) to terminate the Agreement in accordance with Article 10, if the Agreement cannot be performed for more than three (3) months due to force majeure, or (iii) to renegotiate the conditions under which the Agreement shall be performed. In this case, Festarent shall not owe any compensation to the Hirer. If the Hirer does not participate in the renegotiation in good faith, Festarent may request the court to determine new contractual terms.
The obligation of the Hirer towards Festarent is essentially a payment obligation; for that reason, force majeure on the part of the Hirer is excluded.
The following (non-exhaustive list of) instances shall be considered to constitute force majeure: war, natural circumstances and/or disasters, weather damage, strike or lock-out, fire, flooding, seizure, embargo, illness, strike, late deliveries due to our Hired Goods, personnel shortages, epidemics and pandemics, high absenteeism due to illness, electrical, computer, internet or telecommunication failures, hacking, government measures, shortage or defect of means of transport, general scarcity of raw materials or goods, restrictions on energy consumption, irrespective of whether the force majeure occurs at Festarent, its subcontractors or one of its suppliers.
All damage caused to Festarent’s property shall be fully recovered from the Hirer at the new value of the relevant Festarent property. The Hirer acknowledges to have taken note of this tariff list prior to taking delivery of the Hired Goods. Payments made under this Article shall be considered to be compensation for damages and shall in no way be considered to be sales of products, regardless of any statement to the contrary on invoices or other documents.
COMPETENT COURT AND APPLICABLE LAW
The Agreement between the Parties is exclusively subject to the laws of Belgium, and must therefore be interpreted in accordance therewith.
For all disputes arising out of or in connection with this Agreement, the Parties undertake to use all reasonable efforts to reach an amicable agreement through consultation.
If the parties fail to reach an amicable agreement within thirty (30) days of the start of the consultation, the dispute shall be settled exclusively by the courts competent for the registered office of Festarent. The parties expressly exclude the settlement of disputes through arbitration.
All costs related to collection by judicial means, including fees, shall be charged to the Hirer.
The Hirer shall under no circumstances be entitled to issue any communications, regardless of the manner (print, internet, website or via any other medium such as but not limited to social media, blogs, vlogs etc.) in which it mentions Festarent or discloses (the content of) its Agreement with Festarent, unless Festarent has given its prior express written consent.
Festarent is — unless expressly objected to in writing by the Hirer — entitled to use photographs of the projects it coordinates for marketing purposes, both online and offline, in newsletters, on its website and social media channels etc. (non-exhaustive list).
Even a repeated failure to exercise any of Festarent’s rights under this Agreement or the law shall in no event be construed as a revocation or waiver of rights by Festarent. The Hirer shall not derive any rights from any non-exercise of rights, nor shall such non-exercise of rights prevent Festarent from exercising the right(s) concerned at a later time.
Any waiver of a right on the part of Festarent must be made expressly and in writing. Even if, in a specific situation, Festarent has waived (the exercise of) a right, this waiver shall not give rise to any rights vis-à-vis the Hirer in other cases (even if comparable).
Notice & election of domicile
Wherever these General Terms and Conditions provide for notices and/or messages, and more broadly in all situations in which it may reasonably be assumed by one Party that a notice/message to the other Party is necessary, notice shall only be deemed to have been validly served in the case of a registered letter sent to the registered office or residential address of the other Party, as the case may be.
For the performance of the Agreement between Festarent and the Hirer, both Parties shall elect domicile at their respective registered office or residential address, subject to notice by one Party to the other of any other address.
The Hirer shall not be entitled to transfer all or part of its Agreement with Festarent to third parties, except with Festarent’s express prior written consent.
If any provision of these General Terms and Conditions is found by a court or competent administrative authority to be void or unenforceable, this shall not result in the nullity or unenforceability of the remaining provisions of these General Terms and Conditions. These remaining provisions shall remain valid and enforceable. The parties undertake to do everything in their power to replace the null and void or unenforceable provisions with valid and enforceable provisions which, to the greatest extent possible, produce the same result as that which they wished to achieve with the null and void or unenforceable provisions. Any obligations under the void or unenforceable provisions shall be suspended pending this replacement.
In accordance with the Financial Securities Act of 15 December 2004, Festarent and the Hirer shall automatically and by operation of law offset and settle all current and future claims against each other. This means that in the permanent relationship between Festarent and the Hirer, only the largest claim shall remain after the aforementioned automatic settlement.
This set-off shall in any case be opposable to the trustee in bankruptcy and the other concurrent creditors, who shall therefore not be able to oppose the set-off carried out by the Hirer and Festarent.
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