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GENERAL TERMS AND CONDITIONS
FOR THE PROVISION OF SPACES AND PREMISES
by THOR CENTRAL
The operating company for Thor Central, cvba M@G (Meet@Genk), with its registered office at Jaarbeurslaan 6 in Genk – hereinafter also referred to as ‘cvba’ – makes its spaces and premises available under the conditions as specified below and as agreed to separately, for events such as exhibitions, fairs, congresses, meetings, seminars, receptions, banquets, sporting and cultural activities, and suchlike.
However, the operating company reserves the right to be the sole judge of the suitability of the events, both with the intent of safeguarding the spaces and premises, and out of concern for its good reputation and the achievement of its corporate objectives. As such, the operating company can refuse any application without having to state the reasons for its decision. The spaces and premises will be made available to the extent that the event matches its stated nature and programme.
Requests for the provision of spaces and premises must be submitted in writing to the management of the cvba M@G.
An event can only take place if a valid signing of a quote or an agreement of provision has been undertaken, in which the name and nature, the time and duration, a detailed programme, the entrance fee, the remuneration and the spaces to be used by the event are clearly mentioned.
For informal associations, the signature is required of two persons, who will provide their personal addresses in addition to that of the association, and who, in addition to the liability of the association, will also be jointly and severally liable for all obligations arising from the agreement of provision. M@G cvba is only obligated by the quote or the agreement if it has been signed by a legally authorised representative of M@G cvba.
3.1. Apart from any additional costs, in principle only a fixed remuneration per occupancy day is required, based on a rate that may be adjusted before the start of each working year. If sufficient guarantees are provided, the cvba may participate in the risk of an event by way of a price determined pro rata, for example a share in the turnover of the event. If that is the case, additional costs for the cvba will be taken in advance from the funds available or recovered from the customer and/or the deposit.
3.2. Payment of the remuneration will take place at the latest on the due date mentioned on the invoice. Cvba M@G reserves the right to request an advance of at least 30% upon signing, as well as payment of the balance at least 10 days before the premises are taken in use.
If full payment has not been made on the agreed date, the cvba is authorised to consider the agreement null and void and to deny the user any further access or privilege.
4.1. M@G may charge an administrative fee of €15.00 for sending a reminder notice. A reminder of payment may be sent 30 days after the due date of the invoice.
4.2. When sending a notice of default, a late penalty of 8% on the total invoice amount will be charged. A notice of default may be sent 45 days after the due date of the invoice.
Apart from the advance payment for the remuneration, the cvba reserves the right to demand the payment of a deposit. If this is the case, the deposit will form a substantial part of the agreement and will remain in possession of the cvba until all sums due have been settled. The cvba may subtract preliminary payments from the amounts deposited. In such case, the customer will immediately transfer the subtracted amount to the deposit to make up the difference.
In addition to the provision in good order of the premises at the time and for the duration as specified in the contract, the customer is entitled to the following:
6.2. Cleaning of the premises once before use, and of the corridors daily during (but not after) the event.
6.3. Adequate access to the premises on the days and hours as mentioned in the agreement of provision, both for their guests and staff and for the provision of materials, insofar as they are of reasonable dimensions and weights, and are delivered by adequate means of transportation.
6.4.Normal use of the technical infrastructure of the buildings, insofar as this is done appropriately.
6.5. Discretion and confidentiality regarding all information, both private and commercial, that the staff or management of the cvba will perceive, intentionally or unintentionally, during or following an event.
6.6. The cvba insures itself against the consequences of civil liability for its actions and those of its staff.
6.7. The use of the name ‘Thor Central’, insofar as this is presented as a simple indication of place. In any case, it must be clearly stated on every form, publication or advertisement that the customer is acting as the organiser of the event.
In addition to the payment of the fee(s) due and, if required, of a deposit, the customer undertakes to:
7.1. Ensure appropriate surveillance for the duration of the provision of the spaces and premises, and any installations and material at their disposal, or provided by their guests and/or staff. The customer may not recover from the cvba any value lost on the aforementioned goods due to fire, theft, loss or damage. Apart from the guards in their official capacity or appointed by the management, no one is authorised to remain at the premises after the doors are closed.
7.2. Take out an insurance, as stated in Article 8.
7.3. Obtain the necessary authorisations/permits to organise their event(s), and be responsible for maintaining order, public morality, and for compliance with police and general regulations (including those relating to closing times and age limits), safety regulations and guidelines as stipulated by the fire department and emergency services.
7.4. Pay all expenses that pertain to their event(s), such as registration and copyright fees, excise duties and taxes, and mandatory inspections.
If, for whatever reason, the cvba should be obliged to make any payment in this regard, it will be able to recover these sums from the customer without having to resort to formal procedures.
7.5. Not transfer or renounce any rights of use, without prior written permission from the cvba, except a partial sublet to exhibitors, within the framework of a fair/exhibition.
7.6. Notify the cvba in advance of all external suppliers (catering/technical/furniture/…) This must be done using the form titled ‘Externe Leveranciers’ (‘External Suppliers’). All requested fields must be completed, otherwise access may still be refused. Regulations regarding the safety of the staff and access to the Thor Central building are described in detail in Attachment 1 to this agreement.
7.7. Charge all additional costs for power and water to the user at the current rates. The utility meters are read by cvba staff.
7.8. Pay all costs resulting from measures that the cvba will take itself, if the customer’s safety and surveillance activities are found to be incomplete or inaccurate.
7.9. Remove all materials brought in either by the customer or by their guests, or by order of the customer and/or their guests, before the agreed duration of the provision has expired.
7.10 Clean up and remove all waste materials. If any waste is left, both handling and processing costs will be charged.
The customers using spaces and premises at Thor Central will refrain from any recourse that they might be entitled to exercise against the owner of Thor Central or against M@G cvba for any damage that is not covered by the insurance policies mentioned below.
The following risks are insured, in accordance with policy conditions:
- Civil liability
- Contractual liability
Depending on the nature of the event, the cvba will charge the costs for these insurances to the organisers, the exhibitors and/or the users.
For events which involve unusual risks, special arrangements are included in the relevant agreements.
When reporting any accident covered by warranty, the customers and the exhibitors must inform the management of M@G cvba of the existence of these insurance contracts.
- Fire insurance
In the event that flammable products or devices are used that could present a fire hazard, customers and exhibitors are obliged to comply with Article 11.12 of these General Terms and Conditions.
Without prejudice to the further provisions, the user must take all necessary measures to prevent fire and to protect those present against the consequences of fire and panic.
If the customer does not register any remarks before the first use of the spaces and premises, it will be assumed they have been made available in good condition. If the customer has any remarks on the condition of the spaces and premises, an inventory will be made. Any damages, other than those noted in this inventory, will be repaired by the cvba at the customer’s expense.
Additional decoration of the premises is allowed only by the express written permission of the cvba. In no case may materials used for decoration increase fire risk, create obstacles of any kind, or cause damage by the use of nails, adhesives, paints, etc.
11.1. The building may not contain, in total nor in each of the spaces or premises separately, more persons than is legally permitted.
These are the maximum amounts of persons that may be present on the various floors simultaneously. These numbers have been established on the basis of the width of the available exits.
Basement (publicly accessible part) 275 persons
Ground floor (including auditorium) 747 persons
Auditorium (seats + wheelchair spaces) 298 persons
First floor 568 persons
Second floor 488 persons
Total 2376 persons
These numbers of persons may be present throughout the building, but they may not be congregated on one floor. The numbers as mentioned above are the maximum amounts per floor.
If the person appointed by the cvba determines that the stated numbers have been exceeded, the event must be suspended.
11.2. In the case of events for which management expects a considerable number of attendees or visitors, the instructions of management – with regard to the building’s entrances and exits to be used, the internal connecting doors and corridors to be used, and the walking directions to be followed – must be strictly adhered to. No recourse is possible against these instructions, nor against additional instructions which may be imposed by management as the circumstances warrant.
11.3. The customer only has access to the premises that are mentioned in the agreement of provision. This naturally includes the associated sanitary facilities.
11.4. All delivery and removal of material for exhibitions or of technical material must take place via the appropriate entrances, and only during the days and hours agreed in the agreement of provision, or with prior permission. Heavy materials may only be delivered or removed in the manner and at the time for which written permission has been requested (at least one week prior) and granted by the cvba, with specification of weight and size, method of delivery/removal, etc.
11.5. The decoration of the premises must proceed during the building’s normal hours of operation, unless determined otherwise in the agreement of provision, or with expressly stated permission.
11.6. The setup, construction and furnishing of the events may not create obstacles of any kind. Any construction higher than 2.5 metres requires written permission. If the cvba deems it necessary, it can demolish or remove any unsuited installation, at the expense and risk of the user.
11.7. All materials for the construction and decoration of the events must comply with the applicable regulations for fire safety, general safety and labour protection (including A.R.A.B., A.R.E.I.).
11.8. The use of fog machines is not permitted. Exceptionally, a deviation may be granted. For this, a written request and justification must be submitted to the cvba M@G at least 10 working days prior to the event.
11.9. For each event, and prior their activation, the electrical installation of each stand must be inspected by an approved inspection body, appointed by the cvba M@G.
11.10. For all connections to the technical infrastructure, a written request must be submitted to the cvba. Only the cvba’s technical staff are authorised to make the connections. All connections and installations must comply with the applicable regulations.
11.11. Access to the technical rooms, elevators, stages and changing rooms is reserved exclusively for the persons who are operationally required to use them.
11.12. Except in cases of force majeure, the use of the cvba’s installations and equipment is mandatory. The installation, adjustment and operation of said installations and equipment will be executed solely by staff members of the cvba or its appointees.
11.13. The customer is obliged, should the event so require, to set up an emergency post for the entire duration of the event, in order to accommodate any accident or other eventuality that may occur during the event.
11.14. If after the contractually agreed end of the provision of availability certain goods that do not belong to the asset portfolio of the cvba remain at Thor Central or in the associated grounds, these will be stored or removed at the expense and at the risk of the relevant customer/owner.
11.15. The event will find its final conclusion only when the premises and rooms have been made available again to the cvba. If in doing so the contractual duration has been exceeded, the customer will pay for the additional day(s) under the same conditions.
11.16. The customer may use the car parks at Thor Park. Practical agreements in this matter will be made by mutual consultation. However, under no circumstances may these parking spaces be exploited commercially.
11.17. The area in front of the main entrance to Thor Central is a car-free zone. The customer must always request permission if they wish to place any materials or organise any activities in this area.
The customer who wants to put an end to the contract after the conclusion of the agreement of provision and before the end of the agreed duration, will, irrespective of the cause of the termination, pay the cvba:
a. 20% of the agreed remuneration, if the cancellation is made at least six months before the start of the period of provision;
b. 50% of the agreed remuneration, if the cancellation is made at least three months before the start of the period of provision;
c. The total agreed remuneration, if the cancellation is made less than three months before the start of the period of provision.
Any change in the dates of the period of provision or in the premises, rooms and spaces reserved may only be made with express written approval of the cvba. A unilateral change will be considered as a cancellation of the original agreement.
13.1. PUBLICITY AND ADVERTISING
The cvba has total exclusivity regarding all publicity and displays in the buildings of Thor Central.
Any advertising is therefore prohibited, except with express permission.
Only the services of the cvba will apply announcements and publicity in and around the buildings.
In order to safeguard Thor Central's general standing and good reputation, the cvba reserves the right to refuse, remove or discontinue publicity that may have an adverse effect.
The customer is requested to submit samples of publicity to the cvba and to inform the cvba of their initiatives and press conferences in this respect.
The cvba and its customers will ensure that any sales which do not comply with the current legislation on commercial practices will not take place within the buildings or as a result of an event.
13.3. RADIO & TELEVISION: BROADCASTINGS AND RECORDINGS
All negotiations or agreements with third parties regarding these types of activities must be reported to the cvba and are subject to its approval.
The cvba, or its designated concessionaire, has exclusive rights on the sale of all food and drinks in all areas of Thor Central. For all arrangements in this regard, customers should therefore only make use of Thor Central's catering services. Exceptions may be allowed depending on the nature of the event.
13.5. TECHNICAL INSTALLATIONS AND SERVICES
The cvba grants customers the liberty to choose their own technical suppliers (light, sound, image, furniture, etc.) Customers must always provide the cvba with the names of the suppliers in advance, at least before the start of the setup (cf. Article 7.6). The cvba reserves the right to request a deposit for the installation of technical and exhibition-related materials.
The cvba does not permit any cleaning or waste disposal companies or services to work in the premises of Thor Central other than those appointed or accepted by itself.
All concessionaires mentioned are directly dependent on the cvba and never need any permission from the customers to perform their activities.
If, due to a case of force majeure, the cvba is unable to provide the spaces and/or premises for the customer at the appointed date and time, the cvba’s responsibility will remain limited only to the repayment of the amounts paid in advance by the customer.
Committing a breach of contract, including insufficient compliance with the payment and deposit provisions, non-compliance with the stated nature of the event, forgery of pro-rata income, non-compliance or insufficient compliance with the requirements for insurance coverage, non-compliance of the provisions on fire safety and labour protection, deployment of activities that invalidate the social standing and good reputation of the cvba, etc., authorise the cvba to consider the agreement null and void, without any additional formalities, and provide it with the option to refuse access to the premises or to have the event suspended, or even to refuse the removal of any material located at Thor Central until all obligations have been fully met.
In the event of incomplete or late payment, all costs expended by the the cvba for the recovery of said funds will be fully charged to the customer, without prejudice to the application of the cvba’s invoicing conditions, as stated on its customer invoices.
If, in the opinion of the cvba, the credit on the obligations of the customer increases excessively, the cvba may demand any the additional deposits and payments that it deems necessary. Failure to comply with these additional obligations may result in the same sanctions as stated in the preceding paragraphs of this article.
16.1. Any dispute arising from this contract is subject to the exclusive jurisdiction of the courts at Tongeren (Rechtbanken van Tongeren), except when the jurisdiction of the Justice of the Peace at Genk (Vredegerecht van Genk) pertains.
16.2. The text of this agreement is a literal translation of the original text in Dutch. The original text is available upon request. In the event of a dispute, the original text in Dutch applies.
Thor Central is equipped with camera surveillance, in accordance with the relevant legislation regulating such cameras (‘camerawet’).
According to this law, a surveillance camera is any fixed or mobile observation system that collects, processes or stores images to:
Prevent, determine or detect the commission of crimes
All permanent staff employed at Thor Central have an access badge.These badges are strictly personal and may not be loaned to others. Improper use of the badges is not permitted.
Loss of the access badge must be reported immediately to the operator, who will take the necessary steps.
For temporary or recurring staff at TC, an access badge must be requested from the operator of Thor Central.
Registered suppliers of Thor Central are provided with permanent access badges. These suppliers are mainly catering suppliers for Thor Central, Thor Catering, Lampada and Partaasch. The operator of Thor Central has full authority to provide or deactivate badges at all times.
Only staff employed at Thor Central are authorised to completely close the building.
When closing, the following must be verified:
Deviation from these rules may only occur in exceptional circumstances, following prior notification of the operator, who must approve a deviation from the points mentioned above.
Outside the official opening hours of:
the access doors are NOT allowed to be open without supervision.
An exception to this rule can only apply on condition that the operator has been notified of and has consented to such an exception.