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BETWEEN
Company and/or private person who confirms an activity based on a quotation which specifies that our general conditions are applicable, as well as where these conditions can be consulted.
Hereafter referred to as the “Customer”
AND
“FOSBURY & SONS” refers to DADDY FOSBURY NV, having its registered office at 2018 Antwerp, Mechelsesteenweg 271 box 2.1, registered in the Crossroads Bank for Enterprises with number 0660.744.402, and all its subsidiaries.
Article 1 – Context and conditions
1.1 Fosbury and Sons provides a service that consists of providing for an activity including catering (compulsory purchase of food and drinks) in the spaces of the service provider for companies, organisations and private individuals with associated services. The types of events are associated with the properties of each space as described in article 2.
1.2 The associated services include the preparation of the rented halls according to the agreed arrangement, the welcoming of the guests, serving drinks and the general supervision of the event.
1.3 This concerns a service in pursuance of art. 18,§1, second paragraph, 11 ° of the VAT code and the exemption of article 44 § 3, 2 ° of the VAT code is not applicable;
1.4 The other movable property of Fosbury and Sons (tables, seats, layout, etc.) may be used within the context of the above-mentioned service;
1.5 The use of all movable and immoveable property is under the supervision of the service provider throughout the duration of the agreed event;
1.6 The Customer remains responsible at all times for any damage, nuisance or inconvenience caused by the activity it has organised. The Customer and its guests are expected to leave the used spaces and any items and equipment in their original condition.
1.7 The Customer may not use the following products in the communal spaces of Fosbury and Sons; banners, roll-ups, flags, fireworks, confetti or glitter. 1.8 All events organised at Fosbury and Sons are shown on the online calendar, on the website and the app, for the communication of rental information.
Article 2 - Calendar arrangements
2.1 The Customer plans an event according to the agreed details by quotation, mail or order form. This specifies: the date, the agreed price based on the selected halls, drinks, catering package, technical equipment, the number of guests, hours and any optional extras.
Article 3 – Booking conditions
3.1 The hall is provisionally reserved for the Customer after receipt of a detailed quotation. This specifies: date, times, number of guests, halls provided, purchase of catering and drinks as well as any other services discussed.
3.2 Provisional reservation applies for 10 consecutive days. This period starts after receipt of the first detailed proposal. Should Fosbury and Sons receive no written approval of the detailed proposal during this period of provisional reservation, the reservation is automatically cancelled and the hall is made available again.
3.3 Estimation of the number of guests and the times must be submitted in writing to Fosbury and Sons 14 days prior to the activity at the latest. Confirmation of the final number of guests and the times when booking a meeting room must be submitted in writing to Fosbury and Sons one week before the start of the activity. We still accept changes of up to a 20% difference in the number of guests between two weeks and one week before the activity. The number of guests becomes final one week beforehand. Changes communicated late will be considered non-existent.
3.4 A change in the times as well as an increase in the number of guests will result in the adaptation of the price compared to the price agreed earlier.
Article 4 – Price - Terms of payment
4.1 When confirming a quotation higher than € 5000, excluding VAT, an advance invoice of 50% of the total price will be sent.
4.2 Pricing for the activity is determined in an individual quotation that can be sent to the Customer in the form of a quotation document, order form or mail that the Customer can confirm in the same way by signing or confirmation by email.
4.3 The balance must be paid within fifteen (15) days of receipt of the invoice that is drawn up after the date of the event.
4.4 The prices specified are always excluding VAT unless specified otherwise. The applicable VAT rate is 12% for catering (food) and 21% for hall rental, drinks and other services.
4.5 Payments are made to the registered office of Fosbury and Sons NV.
4.6 Fosbury and Sons reserves the right to revise the prices in the event of significant change to the product market prices.
4.7 In the event of non-payment when due, late payment interest of 7% will become payable by right and without notice of default. All further proceedings by law and the costs originating as a result will be paid by the Customer.
4.8 If the Customer requires different invoices and the total number of invoices is greater than 2 and fewer than 8, an administrative cost will be charged amounting to for €75 excl. VAT. From 8 invoices a cost of €125 will be charged.
Article 5 – Cancellation conditions
5.1 If after written confirmation of the activity the Customer decides to not make use of the facilities, cancellation compensation becomes payable to Fosbury and Sons. The following compensation becomes payable in the event of cancellation:
With cancellation of a meeting room;
Article 6 - Execution of the agreements
6.1 Fosbury and Sons may use third parties for complying with its obligations.
6.2 If some of the agreed food and drinks cannot be supplied due to unforeseen circumstances, Fosbury and Sons reserves the right to change the menu with equivalent drinks and food, without this resulting in a price reduction or damage compensation.
6.3 The Customer must comply with the requirements of, and is responsible for fulfilling all administrative obligations for the activity that he organises.
6.4 The Customer is fully responsible for the goods and products placed by him in the infrastructure made available and is responsible for insurance in this respect. In any event, neither Fosbury and Sons, any of its representatives, directors or employees or any company associated with it can be held liable for damage to or the loss of these goods and/or products.
6.5 The Customer is fully responsible for acts or omissions on the part of its representatives, employees and guests and is responsible for any relative insurance in this respect. Fosbury and Sons is entitled to at any time request proof of the policy and premium payments.
6.6 The Customer indemnifies Fosbury and Sons and its directors, representatives and employees against any claims which may be directly made against them by guests, representatives or employees of the Customer.
Article 7 - Damage
7.1 Damage to the installations and the infrastructure made available by Fosbury and Sons for the activity is a joint and several responsibility of those who caused the damage and the Customer.
7.2 In the absence of written and preliminary remarks, the Customer is considered to have received the installations and infrastructure in perfect condition.
Article 8 - Smoking ban
8.1 A full smoking ban applies at Fosbury and Sons at all times. This ban is enforced by our staff. Should smoking nevertheless take place, responsibility and the fines are fully at the expense of the Customer. Fosbury and Sons reserves the right to refuse offenders further access to the building.
Article 9 - Safety conditions/noise nuisance
9.1 The Customer will at his own expense take sufficient measures to guarantee the safety (including fire prevention, security etc.) of the activity organised by him.
9.2 The conditions relating to safety, fire prevention, noise nuisance, etc. must be strictly complied with by the Customer. In the absence of such compliance, Fosbury and Sons reserves the right to immediately end the activity without the Customer being able to claim any damage compensation.
9.3 Fosbury and Sons is not contractually nor extra-contractually liable for any damage resulting from non-compliance with the above-mentioned conditions relating to safety, fire prevention, noise nuisance, etc.
Article 10 - Act of God
10.1 Cases of Act of God, for whatever reason, being all failures and hindrances at the company and with deliveries, all unexpected events at Fosbury and Sons or at the companies or persons from where we obtain our goods, all transport hindrances or delays, as well as failure to deliver goods by suppliers, strikes, exclusions, export or import bans or restrictions, fire or accidents, mobilisation, war or riot and civil commotion or statutory provisions, give us the right to partly and definitively or temporarily cancel or suspend our delivery and execution obligations, without Fosbury and Sons (or any of its representatives, employees or directors) being able to be held liable for any resulting damage.
Article 11 – Disputes
11.1 This agreement is governed by Belgian law. Parties will first attempt to amicably resolve any disputes resulting from this agreement in good faith. The aggrieved party will give notice of default to the other party in writing within fourteen days. If no solution is provided in this respect within fourteen days after notification, the chairman of both organisations will meet to attempt to come to an agreement. If they in turn cannot come to an agreement, the dispute will be brought before the law courts in Antwerp.
With final confirmation of an event, the Customer also declares to be in agreement with the general conditions.
Each party declares to have had access to this information.
For Daddy Fosbury NV Name: Van Gool Maarten Position: Co-Founder