General terms and conditions of sale and use
PART I: GENERAL TERMS AND CONDITIONS OF SALE
For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:
- “Customer”: any natural person or legal entity acting as a consumer within the meaning of the Consumer Code, that is, for purposes not in connection with its commercial, industrial, artisan, professional or agricultural activity;
- “Holder”: any natural person who has one or more personal access passes;
- “Services / Hospitality”: services proposed directly by the Marketer or indirectly via its website;
- “Marketer or Company”: the company responsible for marketing;
- “Organiser”: the company responsible for providing or subcontracting the service;
- “Website”: the Website (https://www.sodexolive-hospitality.com/) and the portals and variations of associated URLs, where applicable.
Article 1 – General provisions
1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. They prevail over any conditions of purchase that may be contrary to them and express the entirety of the rights and obligations of the parties and are indissociable for any order.
1.2 The Marketer reserves the right not to accept bookings for events of which the electoral, political or religious nature is incompatible with or may damage the image and aim of the event venue.
1.3 If any one of the clauses hereof (in full or in part) were to prove unlawful, invalid or inapplicable, the other provisions would remain in force.
1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of asserting said rights.
1.5. This document is written in French.
Article 2 – Prices
Prices are expressed in euros, exclusive or inclusive of tax. The prices invoiced are those in force on the day of the booking. All new taxes or charges which may be created, or any change to current charges or taxes, automatically entail the readjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of the capacities and dates available, and may vary as a result. It is for the Customer to assess, before approving the booking, whether the price is suitable. Any challenge over prices at a later date will be disregarded.
Article 3 – Booking and payment terms
3.1 Direct sales (telephone, email, form, order form, validated quote):
The Marketer offers packages for sale, consisting of a site ticket and services. The signing of an order for packages by the Customer is equivalent to a firm and definitive commitment on its part. The Marketer may decide, at its discretion, to invalidate the order if the quote is returned incomplete or after the deadline.
For orders placed by e-mail or telephone: A deposit of 100% (one hundred percent) of the total amount of the order, including tax, must be received by the Marketer within 7 calendar days of receipt of the Customer’s approved quote. For orders placed fewer than 45 days before the date of the event, full payment must be made within 7 calendar days of the Customer’s acceptance of the quote.
If the Customer fails to pay all or part of the price on time, the Marketer may treat the order as terminated immediately, it being understood that any sums already received will be retained by the Marketer as minimum compensation, without prejudice to any additional damages which the Marketer may claim from the Customer by way of legal action.
3.2 Sales on the website, with payment obligation:
For orders placed via the website, packages are fully paid for and confirmed immediately.
Payment is made by credit card. Customers who pay by bank card undertake to use only a card owned by them, in person. The Service Provider cannot be held liable in the event of fraudulent use. The Customer shall indicate the number, validity date and security code of their bank card at the time of payment. Remote payment by bank card is fully secured by the SSL protocol and provided by an organisation specialising in secure online transactions. Bank data are transferred by a secure link directly to the website of said organisation. In any event, non-availability of the electronic payment service cannot under any circumstances release the Customer from its obligation to pay for the chosen Services.
Article 4 – Cancellation
4.1 Every booking is final, must be paid for and cannot be cancelled or refunded.
4.2 By the Customer
In the event of the Customer cancelling the order, in whole or in part:
After 45 days: All sums paid will be forfeited to the Marketer.
Under 45 days: The full amount of the order will be due by the Customer.
4.3 By the Marketer
The company shall be released from any liability in the event of failure or delay in the performance of its obligations or cancellation of its services resulting from events beyond its control, in particular any decisions by the Organiser having an impact on access to the site or the performance of the services covered by the packages. In this case, the amounts paid by the Customer will be reimbursed by the Marketer.
The company will also be released from any responsibility for reasons of unforeseen events or force majeure, including but not limited to any exceptional weather conditions or natural disasters, pandemics or fires, which will be considered as such. Any strike making it impossible to hold the event, action by civil or military authorities, wars or acts of terrorism; or for any other cause beyond the control of the Marketer making it impossible to provide all or part of the package, or preventing the Marketer from performing its obligations.
The company therefore reserves the right to suspend or cancel the performance of its service and the Customer shall not be entitled to claim compensation as a result.
Article 5 – Postponement
In the event that the date of the event for which the packages are provided is changed beyond the company’s control after the order has been placed, the Customer will be invited to attend the event on the date to which it is postponed by the organisers.
In the event of postponement of dates within the initial period or after the last day of the Event, for whatever reason, the Marketer undertakes to perform the services at the same price as that set out in the quote.
Article 6 – Access passes, collection and location
The Customer and the Holder shall refrain from:
. Reselling access passes, or transferring the rights related to access passes for a fee.
. Using all or part of the package for promotional or commercial purposes, in particular in the context of competitions, lotteries, commercial gifts and any other action of this type, and more generally prohibiting any form of visibility whatsoever.
6.2 Tickets and passes
Please note that tickets/passes cannot be returned, exchanged or refunded, even in the event of loss or theft.
6.3 Ticket collection
The terms and conditions for the collection of access passes are determined by the Organiser. Passes issued to the Customer exclusively in PDF or paper format. Passes are delivered to the Customer between three weeks and 12 hours before the event, subject to payment for the order being made at least 30 days before the event. For orders placed less than one week before the event, passes will be available on site on the day of the event, subject to full payment of the order.
The Customer acknowledges that the Marketer has informed them that the precise location in the site cannot be guaranteed. Similarly, for large groups, it cannot be guaranteed that all the seats will be in the same section.
Article 7 – Internal regulations
7.1 The Organiser will do everything in its power to ensure that the services are provided in accordance with the terms and conditions indicated in the booking.
7.2 The Customer and Holder undertake to adhere and ensure others adhere to the regulations and instructions concerning safety, order and discipline in force in the space or spaces where the services are performed. The Marketer and the Organiser reserve the right to refuse access to a space to any person whose dress or behaviour is likely to interfere with the smooth provision of the service. For more information, the Client and the Holder may access, at any time, the internal regulations of the place where the Service will be performed online at the link:
Article 8 – Confidentiality
The parties mutually undertake to maintain the strictest confidentiality in respect of all documents and information that are brought to their attention in relation to the performance of the services.
Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. Under no circumstances may the Customer reproduce, represent, modify, transmit, publish or adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, any or all of the Organiser’s Marketer’s or Service Provider’s trademarks without their prior authorisation. Any use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may be the subject of any appropriate action, including an action for infringement.
Article 9 – Intellectual property
The Marketer is the owner of all intellectual property rights relating to the “Sodexo Live! Hospitality” trademark and the website “https://www.sodexolive-hospitality.com/”.
All works of art, representation or particular features of locations, as intellectual works, are protected as such by the provisions of Books I and III of the Intellectual Property Code. Any reproduction is therefore strictly forbidden.
Article 10 – Right of withdrawal
Under Article L. 221-28(12) of the French Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services, ticketing and leisure activities that must be supplied on a specified date or during a specified period.
Article 11 – Liability – Insurance
The Marketer and the Organiser accept no liability in the event of theft or damage caused to any kind of items or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer or Holder entrusted to them.
The Marketer may invoice the Customer for any theft or damage to goods or property caused at the venue where the service is provided by the Customer or a Holder.
In the event of failure to fulfil its contractual obligations, the Marketer cannot reimburse more than 100% of the service ordered.
The Marketer declares that it has taken out insurance with a company known to be solvent covering its civil operating liability for up to EUR 8 million, and notably in the event of food poisoning.
For its part, the Customer declares that it has taken out insurance with a company known to be solvent covering its civil liability.
Article 12 – Force majeure
The Marketer, the Organiser or the Customer reserve the right to cancel a Service in the case of a force majeure event (fire, explosion, attack, natural disaster, administrative restrictions, etc.). Any event, such as a pandemic, which meets the criteria of force majeure and significantly affects the performance of the Services ordered or the performance of the contract because of compliance with the health control measures put in place by the French government authorities is considered a case of force majeure. In such circumstances, the sums paid by the Customer will be refunded without the Customer being entitled to any additional compensation.
Article 13 – Personal data
Article 14 – Receipt of notifications and newsletters
The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at email@example.com or via the unsubscribe link included in any offer we may send them by e-mail. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection.
Under Article L. 223-2 of the French Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).
Article 15 – Proof
It is expressly agreed that, barring an obvious error established by the Customer, the Organiser or the Marketer, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Marketer constitutes evidence and, if it is produced as evidence in any litigation or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is drawn up, received or retained in writing.
Article 16 – Complaints
In the event of a complaint regarding the service, the Customer has the option of contacting the Marketer by post, at the address SODEXO LIVE! Hospitality – Service Relation Client – CPH 231 – 33 avenue Emile Zola – 92100 Boulogne-Billancourt – France or by email at Contact.firstname.lastname@example.org.
In the event of a dispute between the professional and the consumer, they shall make an effort to find an amicable solution. If an amicable solution is unable to be reached, the consumer has the option of referring the matter free of charge to the professional’s consumer ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year of the written complaint sent to said professional. The matter should be referred to the consumer ombudsman:
– either by completing the relevant form provided on the AME CONSO website: www.mediationconso-ame.com;
– or by sending a letter to AME CONSO, 11 Place Dauphine – 75001 PARIS – France.
This provision regarding referral to the Ombudsman does not apply to legal entities.
Article 17 – Applicable law – Disputes
This contract is governed by French law. It must be implemented and interpreted in compliance with this law.
In the event of any dispute, the Customer will contact the Company as a priority in order to find an amicable solution.
Customers are advised that they may, in any event, make use of conventional mediation, including with the Consumer Mediation Commission or with existing sector-based mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of any dispute.
If an amicable agreement is not reached, the case will be brought before the competent courts; for the avoidance of doubt, the time limits for the initiation of legal proceedings continue to run during the period when an amicable solution is sought.
In the event of any dispute or challenge, the French courts alone will have jurisdiction and French laws alone will apply. Disputes arising with our customers registered on the Trade and Companies Register (RCS) will be submitted to the Commercial Court of Paris.
All of the above clauses will be respected in full by each party.
Last updated: June 2023