Hire terms & conditions (CGL)

4.1 — Sequencing of deposits and the balance

• On confirmation of the Order: a deposit invoice of 60% of the price including VAT, payable within the time limits stated on the invoice.
• One month before the date of the event: a balance invoice bringing the cumulative payment to 100% of the price including VAT, less the sums already received.
• For any Order confirmed 30 days or fewer before the date of the event: a single invoice for 100% is issued, and proof of payment must be sent within 48 hours of its receipt.
• Failing receipt of payment within 15 days of the issue of the deposit invoice (or within the 48 hours for an Order placed 30 days or fewer before the event), the Provider may treat the Order as cancelled by the Client, who then remains liable for the cancellation charges provided for in Article 9.1.

4.2 — Security deposit

Depending on the nature and value of the Equipment, a security deposit may be required before provision. It is returned after the takedown and inspection of the Equipment, subject to the application of deductions relating to any loss, theft, damage, non-return or reconditioning costs. The return is made within a reasonable time following the takedown report.

4.3 — Late payment

Any late payment automatically entails, without prior formal notice, the application of late-payment penalties at the increased statutory interest rate, together with a fixed recovery-costs indemnity of 40 € for business clients (article L.441-10 of the French Commercial Code). The Provider reserves the right to suspend any service in progress and to make delivery conditional on the effective settlement of the sums due.

6.1 — Checking of the surface area and compatibility of the Equipment

It is for the Client, before signing the quote, to check that the surface area and configuration of its Site allow the installation of the chosen Equipment, taking into account the actual total footprint (canopies, fabric overhangs, guy lines, valances, etc.) and the extent of the anchoring elements required for the safety of the structure (stakes, concrete blocks, ballast, straps, regulatory clearance and safety distances).

For guidance only and with no contractual value (the actual values depend on the model of Equipment chosen, the type of anchoring and the constraints of the Site):

• Canopies, valances and fabric overhangs: allow for a peripheral overhang of around 0.3 to 1 m beyond the nominal ground footprint.
• Guy lines of tensioned or stretch structures: an anchoring zone that may extend up to 2 to 3 m beyond the perimeter of the fabric, on each side.
• Anchoring stakes: a length of around 0.5 to 1 m, driven in at an angle; allow for an anchoring zone of 0.5 to 1 m around each point.
• Concrete blocks or ballast (ground that cannot be anchored): a ground footprint of around 0.6 × 0.6 m to 0.8 × 0.8 m per ballast, distributed around the perimeter.
• Recommended total safety clearance around the structure: 1.5 to 3 m per side, to be confirmed according to the applicable regulations (public-access establishments, neighbours, emergency-vehicle access).

The Client provides the Provider with the exact and usable dimensions of the space (length, width, clear height, peripheral constraints) as well as the nature of the ground. In return, the Provider informs the Client, for guidance, of the ground footprint and the known technical constraints of the Equipment under consideration.

Any incompatibility found on the day of delivery between the actual dimensions/configuration of the Site and the ordered Equipment (insufficient space, inability to anchor the stakes, unanticipated overhangs, etc.) is deemed attributable to the Client where it could have been identified during this prior check. It then falls under Article 7.2 and entails the application of the cancellation scale provided for in Article 9.1, increased by the costs actually incurred by the Provider. The carrying out of an on-site technical survey by the Provider (Article 5) does not relieve the Client of this prior check.

6.2 — Events open to the public (public-access establishments / CTS type)

Where the Equipment accommodates the public, the Client acts as the organiser and remains solely responsible for compliance with the regulations applicable to establishments open to the public, in particular CTS-type structures (marquees, tents and structures) within the meaning of the French order of 23 January 1985 as amended. It is for the Client to obtain, before any opening to the public, the authorisations of the town hall and/or the prefecture and to arrange, where applicable, the visit of the safety commission.

Before opening, the Client must be able to produce the extract from the safety register as well as the certificate of correct setup and conformity of the structure issued by the Provider or its installation partner. Compliance with the rules on layout, clearance, the number and width of the emergency exits, smoke extraction and the maximum permitted capacity is the responsibility of the Client.

7.1 — Presence of the Client and acceptance

The Client (or its duly authorised representative) must be present at the start and end of the delivery/installation operations and then of the takedown, in order to validate the location, the layout plan, the apparent conformity of the Equipment and the signing of the intervention forms. In the event of absence or unjustified refusal to sign, the delivery and takedown are deemed tacitly accepted in the condition recorded by the Provider.

7.2 — Inability to deliver or install

If the delivery or setup cannot be carried out under the conditions validated in the quote, owing to circumstances attributable to the Client (non-compliant Site, inaccessible Site, missing authorisations, absence of the Client, layout plan that cannot be implemented, etc.) and if the Client refuses an adaptation proposed by the Provider, the latter may treat the Order as cancelled at the Client's initiative. The Client is then liable for all the cancellation charges provided for in Article 9.1, increased where applicable by the costs actually incurred (transport, mobilisation of teams, hire of Equipment from third parties).

7.3 — Condition on return, cleanliness and completeness

The Equipment must be returned complete and in the same state of cleanliness as when it was provided. Any Equipment returned abnormally soiled (mud, stains, food splashes, adhesives, waste, etc.) gives rise to cleaning charges, according to the scale communicated by the Provider. Missing or incomplete items, or items not reusable as they are, are invoiced in accordance with Article 10.1.

8.1 — Prohibitions and precautions of use

• No structural modification or movement of the structure once installed.
• No load (heavy garlands, speakers, banners, décor, etc.) may be suspended from the framework other than the lighting equipment and fixings that may be installed by the Provider or its partner.
• It is prohibited to put up posters, or to paint, drill, nail or staple on the fabrics and the framework.
• Any cooking or heating appliance, naked flame or auxiliary electrical installation must be compliant, kept away from the fabrics and used in accordance with the applicable safety guidelines.
• Use strictly in accordance with the intended purpose of the Equipment; any unlawful, abnormal or unsuitable use is prohibited. The Client provides reasonable supervision of the Equipment throughout the period of custody.

8.2 — Weather safety and securing of the structure

Throughout the period of provision, the Client monitors the weather conditions and the securing of the structure. In particular, it takes the following measures :

• Wind: beyond the Equipment's own operating limits indicated by the Provider or the manufacturer — and, in any event, in the case of gusts of around 80 km/h or more — the Client evacuates people and fully closes the structure (walls and openings).
• Weather warnings: during an orange warning, the Client steps up monitoring and stands ready to close and then evacuate the structure; during a red warning, or on a decision of the competent authority (prefecture, town hall, emergency services), evacuation is immediate and the structure is taken out of service.
• Storm and tempest: all the openings (doors, walls) must be closed.
• Snow: the structure must be heated and cleared without delay of any accumulation of snow; no load must rest on the framework.

The Client informs the Provider (and, where applicable, the installation partner) without delay as soon as it finds that the stability of the structure is threatened, while immediately taking the measures necessary to protect people and property located under the structure and in its vicinity. The Client remains liable for all damage and loss resulting from non-compliance with these guidelines and may not claim any refund on this basis. The financial consequences of a cancellation or postponement due to bad weather remain governed by Article 9.

8.3 — Failure to return the Equipment on time

If, at the end of the agreed period, the Equipment is not returned or made available for takedown owing to the Client, the latter becomes its bailee within the meaning of article 1915 of the French Civil Code: it may neither use it nor dispose of it on any basis whatsoever, and its return remains compulsory without prior formal notice. The Client remains liable for the hire for the whole period of unavailability, without prejudice to the costs incurred by the Provider in recovering the Equipment.

9.1 — Cancellation scale for the Client

Where the Order is cancelled by the Client no later than three months before the scheduled date of the event, 60% of the price of the Order including VAT is due. The full amount (100%) of the price of the Order including VAT is due where the Order is cancelled by the Client less than three months before the date of the event. These provisions apply even if the cancellation by the Client is caused by exceptional circumstances arising after confirmation of the Order, such as a case of force majeure.

9.2 — Reduction of the scope of the Order

Any significant reduction of the scope of the Order requested after its confirmation (reduction in the number of guests, the surface area, the quantities of furniture or the options) is treated as a partial cancellation. The withdrawn portion is subject to the scale in Article 9.1, calculated on the amount including VAT of the removed items and according to the date of the request. The Provider endeavours, as far as possible, to propose an adaptation of the Order rather than its reduction.

10.1 — Replacement value

In the event of total or partial loss, theft, destruction or irreparable damage, the Client is liable for the as-new replacement value of the Equipment concerned, as set out in the Provider's catalogue or, failing that, at the observed public price. For repairable damage, the cost of reconditioning is invoiced to the Client on the basis of a repair quote.

10.2 — Reporting of incidents

The Client undertakes to inform the Provider within 24 hours in the event of theft, vandalism or disappearance, and within 48 hours in the event of an accident, damage or malfunction affecting the Equipment. Any delay in reporting may prevent cover by the insurance mobilised. In the event of theft or vandalism, the Client files a complaint with the police or gendarmerie and forwards to the Provider the corresponding acknowledgement or report within 48 hours.

10.3 — Client's public-liability insurance

The Client declares that it has taken out valid public-liability insurance, covering in particular damage to the hired Equipment by a third party (guests, providers or visitors present on the Site). The Provider may make performance of the service conditional on the prior submission of the corresponding certificate, covering the nature, duration and location of the event. Failing that, the Provider reserves the right to suspend performance without this being held against it.

10.4 — Best-endeavours obligation and liability cap

The Provider is bound by a best-endeavours obligation: it uses the reasonable means at its disposal for the proper performance of the services. Whatever the basis of its liability, this is limited, all causes combined, to the amount actually paid by the Client in respect of the Order concerned.

10.5 — Destruction of the Equipment while in the Client's custody

In the event of total or partial destruction of the Equipment occurring while it is in the Client's custody, whether it results from a fortuitous event, a case of force majeure or any other cause beyond the Provider's control, the full amount of the hire remains due from the Client and no refund may be claimed.

10.6 — Insurance of the Equipment and payment over of the indemnity

For valuable Equipment and/or multi-day hires, the Provider may require the Client to take out and provide evidence of insurance covering the hired Equipment throughout the period of custody, for its as-new replacement value, against fire, lightning, explosion, storms and hurricanes, water damage, vehicle impact and theft. In the event of an incident, the Client undertakes to declare it to its insurer and to pay over to the Provider (or, where applicable, to the owner of the Equipment) the indemnity received, up to the amount of the sums due under Article 10.1.