GENERAL TERMS AND CONDITIONS OF SALE AND PROVISION OF SERVICES WITH PROFESSIONALS

Version applicable from 1^er October 2024

Preamble

These General Terms and Conditions apply to all purchases of Products and Services (as defined below) for business purposes.

• Definitions

Terms beginning with a capital letter have the following meaning:

• Scope of application

The General Terms and Conditions define the reciprocal rights and obligations in the event of an order for Products or Services made (i) on the Website or (ii) by any other means of contracting. Any order implies the Customer's full and unreserved acceptance of these General Terms and Conditions. If the Products or Services are ordered by a consumer within the meaning of the Code of Economic Law, the order will be governed by the general terms and conditions for consumers, which can be consulted at the following link: https://www.cinema-aventure.be/infos/condgen/.

• Offers and sales/reservation process

The Customer may consult the Products and Services offered by ARBEMAX on the Website. Requests for space rentals are submitted via an online form or by direct contact at the email address provided in the relevant section of the Website or, if unavailable, at the following email address: info@cinema-aventure.be..

Reservations are made by following the steps below:

1. Submit a request for a quote using the online form or by e-mail.
2. Receipt of a quotation from ARBEMAX.
3. Acceptance of the quotation by the Customer and payment of the 30% deposit. Payment of the deposit also constitutes tacit acceptance of an offer or quotation.
4. ARBEMAX will confirm the reservation after receipt of the deposit.

If the deposit is not paid within the specified time, the space will not be reserved. If a particular request is made by the Customer (à la carte screenings, privatized of the cinema, etc.), ARBEMAX may issue an offer or a proposal for an Agreement including a price proposal for the sale of Products or Services and a deposit payment. However, ARBEMAX reserves the right to accept or refuse any request from the Customer.

• Payment

ARBEMAX invoices are payable within the period indicated on the invoice or, failing this, within 15 days. Invoices for advance payments must be paid in cash and without discount. Failure to pay an invoice by the due date automatically renders all other claims of ARBEMAX against the Customer payable. Invoices not paid on their due date shall automatically and without prior notice bear interest at the higher of 5% per annum and the rate applicable to commercial transactions (law of 2 August 2002), on the entire outstanding balance, it being understood that any month commenced shall be considered as fully completed, until full payment. In addition, the Customer who has not paid a due invoice will be liable, ipso jure and without prior notice, for late payment compensation equal to 15% of the outstanding balance with a minimum of 150.00 euros, which will be due by way of late payment compensation, without prejudice to ARBEMAX's right to seek payment of its actual damages and without prejudice to the recovery costs which will be charged at the debtor's expense. For room hire or other Services, a deposit of 30% is required at the time of reservation, unless the offer provides for another amount. The balance is payable before the event. The deposit is non-refundable. ARBEMAX reserves the right to refuse or cancel an order in the event of non-payment or suspected fraud.

The Customer authorises ARBEMAX to set off any claim it may have against the Customer against the amounts owed by the Customer to ARBEMAX, regardless of the nature of the claims. This set-off will occur automatically, without prior formal notice, and will be notified to the Customer in writing.

To be valid, any complaint relating to the invoice must be justified, accompanied by supporting documents, and notified by registered post to the ARBEMAX head office, with a copy by e-mail, at the latest within 15 days of receipt of the invoice.

Any cancellation by the Customer of a space reservation must be notified in writing. The 30% deposit paid at the time of reservation is non-refundable, regardless of the date of cancellation. In the event of cancellation by the Customer less than 60 days before the date of the event, the full balance of the reservation will be due. In the event of cancellation by ARBEMAX for reasons beyond the Customer's control, a full refund of the balance (excluding costs incurred by the Customer) will be made, except in cases of force majeure. ARBEMAX reserves the right to cancel the reservation in the event of non-payment of the total balance within the specified time. In this case, the deposit will remain non-refundable.

• Customer obligations

1. Use of the premises: The Customer shall use the rented premises solely for the purposes of the event agreed in its request for a quotation and shall comply with all applicable laws and regulations. Any use of the premises for purposes other than those agreed is strictly prohibited.
2. Compliance with schedules: The Customer shall strictly comply with the schedules agreed for the use of the premises. Any use of the premises outside the agreed times must be approved in advance in writing by ARBEMAX and may incur additional charges.
3. Liability for Damage: The Customer is responsible for any damage caused to the premises, equipment or facilities during the rental period. The Customer will indemnify ARBEMAX for any necessary repair or replacement resulting from such damage.
4. Safety and Compliance: The Customer must comply with the safety standards and guidelines provided by ARBEMAX. This includes, but is not limited to, the maximum capacity of the premises, fire safety instructions and evacuation procedures. The Customer is also responsible for the safety of its guests and their compliance with safety instructions.
5. Cleanliness and tidiness: The Customer is obliged to leave the premises in the state of cleanliness in which they were found. All waste must be disposed of correctly in the bins provided and all equipment must be stored in accordance with ARBEMAX's instructions.
6. Authorisations and licences: Unless otherwise stipulated in the Agreement, the Customer is responsible for obtaining all authorisations, licences or permissions required to hold the Event. This includes, but is not limited to, music or film broadcasting licences (SABAM and others).
7. Respect for the neighbourhood: The Customer undertakes to respect the neighbourhood and to ensure that the event does not cause any noise or other nuisance. In the event of any disturbance at night, the consequences will be borne by the Customer.
8. Advertising and promotion: Any advertising or promotion relating to the event organised on ARBEMAX's premises must be approved in advance in writing by ARBEMAX.
9. Personnel and contractors: The Customer must provide a list of contractors and external personnel (catering, security, etc.) to ARBEMAX for prior approval. All suppliers and external personnel must comply with ARBEMAX's rules and directives.

• Force majeure

If ARBEMAX is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this shall be deemed to be force majeure. The occurrence of any event, such as, in particular, water damage, floods, fires, strikes, lock-outs, embargoes, wars, terrorist attacks or consequences of attacks, shortage of raw materials, epidemics, pandemics, bad weather and more generally, any event of a similar nature affecting ARBEMAX or its suppliers and delaying or rendering impossible or drastically compromising the performance of their respective obligations, suspends the performance of their respective obligations.

In the event of force majeure, ARBEMAX is entitled to suspend performance of the order, in whole or in part, for the duration of the force majeure. If the event of force majeure continues for more than 90 days, the parties to the Agreement will make every effort to renegotiate the subsequent performance of the Agreement. Failing agreement, either party will have the right to terminate the Agreement by notifying the other party by registered post. Performances and orders already carried out by ARBEMAX will nevertheless be invoiced to the Customer on a pro rata basis.

• Data protection

Personal data collected as part of an order will only be used by ARBEMAX for the performance of the Agreement or if justified by a legitimate interest of ARBEMAX. For any question relating to the protection of your personal data, please refer to ARBEMAX's Privacy Policy available at the following link: https://www.cinema-aventure.be/infos/dataprotection/.  

• Liability

ARBEMAX's liability is limited in all cases to the value of the Products and Services actually paid for by the Customer, except in the event of fraud or gross negligence or damage to the physical integrity of a person.

• Dispute resolution and applicable law

ARBEMAX and the Customer agree that any disagreement or dispute relating to these General Terms and Conditions or to the Agreement, or to their interpretation or application, shall be governed by Belgian law. The parties agree that the French-speaking courts and tribunals of the judicial district of Brussels shall have exclusive jurisdiction to settle such disputes.