GENERAL TERMS AND CONDITIONS OF SERVICE – B2C CLIENTS

 

ARTICLE 1 - Scope of Application

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These general terms and conditions of sale (hereinafter, the “GTC”) are intended to define the terms under which RIVIERA ORGANISATION, whose registered office is at 535 route des Lucioles, Les Aqueducs B3, 06560 VALBONNE SOPHIA ANTIPOLIS, registered with the RCS of GRASSE under number 389 380 411 (hereinafter, the “Service Provider”), provides to the client (hereinafter, the “Client”) who places an order, the following services (hereinafter, the “Services” or the “Service”) in connection with the organisation of festive events (hereinafter, the “Event”), namely:

 

-    Coordination services relating to the organisation of events (hereinafter, the “Intermediation Service”)

-    Event organisation services (hereinafter, the “Organisation Service”)

 

These GTC apply without restriction or reservation to all sales concluded by the Service Provider for the benefit of each Client, regardless of any clauses that may appear on the Client’s documents, including their own terms and conditions of purchase.

 

In accordance with applicable regulations, these GTC are systematically communicated to any Client who requests them, in order to enable them to place an order for Services with the Service Provider.

Any order for Services by the Client implies acceptance of these GTC.

 

The information contained in the Service Provider’s catalogues, brochures, and price lists is provided for information only and may be revised at any time. The Service Provider reserves the right to make any changes it deems necessary. Photographs of events are provided to the Client for illustrative purposes only.

 

As these GTC may be subject to subsequent amendments, the version applicable to the Client’s purchase is the one in force on the date the order is placed.

 

The Service Provider reserves the right to deviate from certain clauses of these GTC, depending on negotiations conducted with the Client, by establishing special terms and conditions of sale.

 

These GTC, together with the signed quotation, constitute the contract between the Service Provider and the Client (hereinafter, the “Contract”).

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ARTICLE 2 – Orders

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2.1 – Placing an Order for the Intermediation Service

Orders for the Intermediation Service may be placed:

-    by email: event@rivieraorganisation.com

-    by telephone: +33 (0)4 22 13 60 60

-    by WhatsApp: +33 (0)6 20 26 20 88

 

The Client is responsible for verifying the accuracy of their request and must notify the Service Provider immediately of any errors.

 

Upon receipt of the Client’s request, the Service Provider prepares a quotation and submits it to the Client.

Quotations issued by the Service Provider are valid for FOURTEEN (14) days from their date of issue. After this period, a new quotation will be issued by the Service Provider upon the Client’s request.

 

Any request for additional services not included in the initial quotation will result in the issuance of an additional quotation by the Service Provider, which must be expressly accepted by the Client.

 

The order for the Intermediation Service will only be considered final after:

-    the Client’s electronic signature of the quotation previously issued by the Service Provider, and

-    payment of a deposit in accordance with the conditions set out below.

 

The Service Provider reserves the right to refuse any order from a Client with whom there is an outstanding dispute relating to payment of a previous order, or in the event of unavailability of the personnel and/or equipment necessary to provide the service on the date the Client places the order.

 

By express agreement between the Parties, under the Intermediation Service, the Service Provider only performs a service of putting the Client in contact with service providers introduced to the Client for the purpose of organising the Event. It is the Client’s responsibility to enter into the necessary service contracts for the Event with each service provider presented by RIVIERA ORGANISATION.

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2.2 – Placing an Order for the Organisation Service

Orders for the Organisation Service may be placed:

-    by email: event@rivieraorganisation.com

-    by telephone: +33 (0)4 22 13 60 60

-    by WhatsApp: +33 (0)6 20 26 20 88

 

The Client is responsible for verifying the accuracy of their request and must notify the Service Provider immediately of any errors.

 

Upon receipt of the Client’s request, the Service Provider prepares a quotation and submits it to the Client.

Quotations issued by the Service Provider are valid for FOURTEEN (14) days from their date of issue. After this period, a new quotation will be issued by the Service Provider upon the Client’s request.

 

Any request for additional services not included in the initial quotation will result in the issuance of an additional quotation by the Service Provider, which must be expressly accepted by the Client.

The order for the Organisation Service will only be considered final after:

-    the Client’s electronic signature of the quotation previously issued by the Service Provider, and

-    payment of a deposit in accordance with the conditions set out below.

 

The Service Provider reserves the right to refuse any order from a Client with whom there is an outstanding dispute relating to payment of a previous order, or in the event of unavailability of the personnel and/or equipment necessary to provide the service on the date the Client places the order.

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2.3 – Modification of Orders

Any modifications to orders by the Client will only be considered by the Service Provider if the Service Provider has given prior approval, and provided that they have been notified by email at least ONE (1) month before the performance of the Services.

Where applicable, these modifications will result in the issuance of an additional quotation and an adjustment to the price.

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2.4 – Payment of a Deposit When Placing the Order

Any order for Services will only be considered final after payment by the Client of a deposit corresponding to FIFTY percent (50%) of the total order amount including tax.

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ARTICLE 3 – Right of Withdrawal – Cancellation of the Order

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3.1 – Right of Withdrawal

In accordance with Article L221-1 of the French Consumer Code, the Client may cancel any order free of charge within a maximum of FOURTEEN (14) days following its final validation, by sending an email to the Service Provider, unless performance of the Service has begun before the end of the withdrawal period, with the Client’s express agreement and acknowledgement of the loss of their right of withdrawal.

3.2 – Cancellation by the Client after the Withdrawal Period

Any cancellation of the order by the Client between the date of signing the quotation and no later than THIRTY (30) days before the date of the Event, for any reason whatsoever, will result in the Service Provider retaining the deposit paid by the Client as compensation, with no entitlement to any refund.

Any cancellation of the order by the Client between the date of signing the quotation and THIRTY (30) days or less before the date of the Event, for any reason whatsoever, will require the Client to pay the full amount of the order, less the deposit paid, as compensation.

3.3 – Cancellation by the Service Provider

In the event of cancellation of the order by the Service Provider, the latter will refund the deposit paid by the Client at the time of the order.

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ARTICLE 4 – Prices

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The Services are sold at the Service Provider’s prices in force on the date the order is placed.

Prices are stated inclusive of all taxes (VAT included). Special pricing conditions may be applied depending on the specific requests made by the Client, in particular concerning the methods for providing the Services.

A specific offer will then be sent to the Client by the Service Provider.

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ARTICLE 5 – Payment Terms

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5.1 – Payment of the Order

In accordance with Article 2.4 of these GTC, a deposit corresponding to FIFTY percent (50%) of the total price including tax of the order is required when placing the order.

 

Certain additional costs (notably transportation, accommodation, catering, travel expenses, fees relating to artists, specific insurance, etc.) may apply depending on the specifics of the service.

 

These costs are specified in the quotation or in annexes, where applicable. Where such costs are identified in advance, a provision may be requested from the Client.

 

The balance of the price is payable in full SEVEN (7) days before the Event.

 

The Service Provider is not obliged to provide the Services ordered by the Client if the price is not paid by the Client under the conditions and within the timeframes specified above.

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5.2 – Methods of Payment

The deposit and the balance of the order must be paid by one of the following methods:

-    Bank transfer payable to the Service Provider,

-    Payment by credit card (a 3% bank fee applies, charged to the Client).

 

Payments made by the Client will only be considered final after the actual receipt of the amounts due by the Service Provider.

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5.3 – Late Payment Penalties

In the event of late payment or failure to pay amounts due by the Client under the conditions set out in Article 5.1, late payment penalties corresponding to TWENTY percent (20%) of the total order amount including tax will be automatically and by right payable to the Service Provider, without any formalities or prior notice.

The Service Provider reserves the right to claim additional compensation from the Client if the collection costs actually incurred exceed this amount, upon presentation of supporting documents.

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ARTICLE 6 – Performance of the Intermediation Service by the Service Provider

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The Service Provider undertakes to exercise all due care in performing the Intermediation Service.

Any personnel of the Service Provider assigned to the Client for the Event will remain under the full and exclusive responsibility of the Service Provider, who alone is authorised to give them directions and instructions.

The Service Provider cannot under any circumstances be held responsible for any failure by any service provider introduced to the Client for the Event, with whom the Client has entered into a service contract. The Service Provider’s role is strictly limited to putting the Client in contact with the service provider.

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ARTICLE 7 – Performance of the Organisation Service by the Service Provider

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7.1 – Liability

The Service Provider undertakes to exercise all due care in performing the Organisation Service.

Any personnel of the Service Provider assigned to the Client for the Event will remain under the full and exclusive responsibility of the Service Provider, who alone is authorised to give them directions and instructions.

The Service Provider cannot be held liable in the event of delay or difficulty in performing the Organisation Service due to a breach by the Client of their obligations as set out in Article 8 of these GTC.

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7.2 – Subcontracting

The Service Provider may, at its sole discretion, subcontract all or part of the services to be provided under the Organisation Service if necessary, which the Client acknowledges and accepts.

In this case, the Service Provider remains fully responsible for the performance of the services by such subcontractor vis-à-vis the Client.

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Article 7.3 – Regulated Activities (Fireworks, Drones, etc.)

Where the Service includes an activity subject to prior administrative authorisation (including firework displays, drone flights, or other regulated activities), the Service Provider shall act as an intermediary between the Client and the duly authorised provider responsible for its performance.

 

The Service Provider shall carry out the necessary formalities to obtain such authorisation but shall not be held liable in the event of refusal, cancellation, or change imposed by the competent authorities or due to any external circumstances beyond its control.

 

The authorised provider shall remain solely responsible for the proper performance of the activity and for compliance with applicable safety regulations. The Service Provider’s liability shall only be incurred in the event of proven fault on its part.

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ARTICLE 8 – Client’s Obligations

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8.1 – Compliance and Capacity of the Event Venue

The Client must ensure the compliance and capacity of the venue for the Event (including, for temporary installations: compliance and capacity of marquees, platform installations) and, in particular, compliance with public access standards; the Client must also obtain all necessary authorisations for holding the Event.

The Client must also ensure that the venue and all installations not provided by service providers (e.g., tents) are safe and suitable for the equipment and personnel required for the Event.

 

The Client must also ensure that the venue is suitable for any sound broadcasting and, if necessary, obtain all prior authorisations for such broadcasting (e.g., from the co-ownership, ASL, or the municipality, without limitation).

The Service Provider declines all responsibility for any inability to hold the Event due to a change in configuration of the venue chosen by the Client.

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8.2 – Provision of Meals to the Service Provider’s Staff or Subcontractors

Unless otherwise agreed, the Client must provide meals for the Service Provider’s staff at mealtimes, as well as water for the entire duration of the presence of the Service Provider’s staff or subcontractors at the venue, including during setup and dismantling.

If the Client fails to provide meals and water, the Service Provider will invoice for meals and water at the rate of €35 per person.

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8.3 – Travel Expenses for the Service Provider’s Staff or Subcontractors

Unless otherwise agreed, the Client will bear the travel and accommodation costs of the Service Provider’s staff or subcontractors; these costs will be covered by a provision payable at the same time as payment for the Service, in accordance with Article 5.1 of these GTC.

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8.4 – Travel Expenses for Artists Engaged by the Service Provider

Unless otherwise agreed, the Client will bear the visa, travel (air, train, car, taxi, parking), and accommodation (hotel, meals, living expenses) costs for artists engaged by the Service Provider and their accompanying personnel.

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8.5 – Civil Liability

The Client acknowledges and accepts that, notwithstanding the Service Provider’s role in planning and coordinating the Event (for the Organisation Service), the Client will be responsible for any damage occurring within the venue reserved by the Client, except for damage caused by the Service Provider’s staff or subcontractors.

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8.6 – Availability of the Venue

The Client undertakes to make the venue available to the Service Provider, its staff, subcontractors, or artists engaged by it at least TWELVE (12) hours before the start of the Services or in accordance with the schedule specified in the quotation signed by the Client, to enable the preparation of the venue, technical tests (sound, lighting), and rehearsals by the Service Provider’s staff, subcontractors, or artists.

The Service Provider declines all responsibility for any consequences resulting from the Client’s failure to make the venue available within the required timeframe.

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ARTICLE 9 – Recordings

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No audio or visual recording of the artist’s performance is permitted without the express authorization of the Service Provider and the artist.

Partial recordings and photographs taken by guests and/or photographers engaged by the Client are permitted for strictly personal and non-commercial use.

 

The Service Provider and, where applicable, its staff or subcontractors may take photographs or videos of the Event, including stage design, lighting, decoration, artistic performances, and other elements created or provided by them.

Such photos or videos must not allow the identification of guests or event organizers, unless the Client has given prior written consent for this purpose.

 

The Service Provider may use these photos or videos for internal and external promotional purposes, including but not limited to advertising, marketing materials, social media publications, or any other public content, provided that the Client’s privacy is respected and that no guest is identifiable without the Client’s prior consent.

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ARTICLE 10 – Personal Data Processing

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Any personal data collected from the Client is processed electronically by the Service Provider. Such data is recorded in its client database and is essential for processing the Client’s order. This information is also retained for security purposes and to meet legal and regulatory obligations. It will be kept for as long as necessary for the performance of orders and any applicable guarantees.

 

The data controller is the Service Provider. Access to personal data is strictly limited to the Service Provider’s employees authorised to process it due to their roles. The information collected may be shared with third parties contractually bound to the company for the performance of subcontracted tasks, without the need for the Client’s authorization.

 

As part of their work, such third parties only have limited access to data and must use it in accordance with applicable data protection laws. Apart from the cases stated above, the Service Provider undertakes not to sell, rent, assign, or grant access to third parties to such data without the Client’s prior consent, unless legally required to do so.

In accordance with applicable regulations, the Client has the right to access, rectify, delete, and transfer their data, as well as the right to object to processing for legitimate reasons. These rights can be exercised by contacting the data controller at the following postal or email address:

Riviera Organisation, 535 Route des Lucioles, 06560 VALBONNE SOPHIA ANTIPOLIS, France, event@rivieraorganisation.com

 

If the Client wishes to make a complaint, they may contact the Service Provider’s Data Protection Officer or the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés).

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ARTICLE 11 – Payment of Musical Royalties

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The Client is solely responsible for paying all musical royalties or license fees required for the Event, including but not limited to SACEM and SPRE fees, or as required by any applicable copyright laws and regulations.

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ARTICLE 12 – Intellectual Property

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The Client is expressly prohibited from reproducing the programs and entertainment concepts implemented by the Service Provider in the performance of the Services. More generally, the Service Provider retains all intellectual property rights relating to the Services provided.

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ARTICLE 13 – Non-Solicitation

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The Client is expressly prohibited from soliciting for employment or directly or indirectly hiring any employee of the Service Provider, as well as from soliciting the Service Provider’s partners, subcontractors, and artists introduced to them by the Service Provider.

 

The Client further undertakes, where applicable, to apply this prohibition to other companies in the group to which it belongs, within the meaning of Articles L 233-1 et seq. of the French Commercial Code, or to any company in which it is a manager, or directly or indirectly a shareholder.

 

In the event of breach of this prohibition, the Client shall pay the Service Provider, as a penalty clause, a lump sum equal to SIX (6) months of the last gross monthly salary offered by the Service Provider, plus all recruitment costs for a replacement.

This clause applies during the term of this Contract and for TWELVE (12) months following the end of the contractual relationship between the Parties.

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ARTICLE 14 – Confidentiality

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The Parties undertake, as a confidentiality clause, during the term of this Contract and for a period of TWO (2) years after its expiration for any reason, to maintain absolute confidentiality and not to disclose, directly or indirectly, any information, knowledge, or know-how concerning their co-contractor and their operations, to which they may have had access in connection with the performance of this Contract, unless such information, knowledge, or know-how has entered the public domain or disclosure is required by a specific regulation, administrative or judicial order, or for the purpose of fulfilling this Contract.

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ARTICLE 15 – Hardship

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In the event of unforeseeable changes in circumstances at the time the Contract is entered into, pursuant to Article 1195 of the French Civil Code, a Party who has not agreed to assume the risk of excessively onerous performance may request renegotiation of the Contract from their counterparty.

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ARTICLE 16 – Force Majeure

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The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event as defined in Article 1218 of the French Civil Code.

The Party affected by such an event must promptly inform the other Party of its inability to perform and provide justification. Suspension of obligations shall not be grounds for liability or for payment of damages or late penalties.

Performance of the obligation is suspended for as long as the force majeure event lasts, provided it does not exceed THIRTY (30) days. Upon cessation of the cause of suspension, the Parties shall use their best efforts to resume performance of their contractual obligations as soon as possible.

 

To this end, the prevented Party shall notify the other of the resumption of its obligations by registered letter with acknowledgment of receipt or by any official act.

 

If the impediment is definitive or exceeds SIXTY (60) days, the present agreement shall be terminated as set out in the “Termination for Force Majeure” article.

 

During this suspension, the Parties agree that any costs incurred shall be shared equally.

 

In all cases, the Service Provider shall retain the deposit paid by the Client upon signing the quotation, as compensation for the consequences of terminating these terms.

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ARTICLE 17 – Termination

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17.1 – Termination for Force Majeure

If a force majeure event arises as provided in the “Force Majeure” article, the Parties may terminate this Contract automatically, without notice or formality.

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17.2 – Automatic Termination for Non-Performance by a Party

By express agreement, if the Client fails to pay the balance of the order price no later than SEVEN (7) days before the Event, the Contract shall be terminated automatically, and such non-performance alone shall serve as formal notice, without the need for further notice or formality.

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17.3 – Termination for Breach of Obligations

If either Party fails to comply with the obligations set out in this Contract, it may be terminated at the discretion of the aggrieved Party.

 

It is expressly agreed that such termination for breach will take effect automatically THIRTY (30) days after sending a formal notice to perform, which remains wholly or partially unheeded, notified by registered letter with acknowledgment of receipt.

 

This formal notice must specify the intention to invoke this clause.

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17.4 – Common Provisions Regarding Termination

It is expressly agreed between the Parties that the debtor of a payment obligation under this agreement will be validly put on notice by the mere exigibility of the obligation, pursuant to Article 1344 of the French Civil Code.

Services exchanged between the Parties since the conclusion of the Contract and up to its termination, having proved useful as the Contract was performed, shall not give rise to restitution for the period prior to the last service that did not receive its consideration.

 

In all cases, the aggrieved Party may seek damages in court.

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ARTICLE 18 – Applicable Law – Language

By express agreement, these GTC and the transactions arising from them are governed by and subject to French law.

These GTC are written in the French language.

 

In the event they are translated into one or more foreign languages, only the French text shall be binding in the event of a dispute.

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ARTICLE 19 – Disputes

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ALL DISPUTES TO WHICH PURCHASE AND SALE OPERATIONS CONCLUDED UNDER THESE GENERAL TERMS AND CONDITIONS MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES, AND AFTER-EFFECTS AND WHICH COULD NOT BE RESOLVED AMICABLY BETWEEN THE SERVICE PROVIDER AND THE CLIENT, SHALL BE SUBJECT TO THE COMPETENT COURTS UNDER COMMON LAW.

 

Pursuant to Article R 631-3 of the French Consumer Code, the Client may bring an action before:

-    one of the territorially competent courts under the Code of Civil Procedure,

-    the court of the place where the Client resided at the time of the conclusion of the contract,

-    or the court of the place where the harmful event occurred.

 

In the event of a dispute, an amicable solution will be sought as a priority before any legal action.

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ARTICLE 20 – Recourse to the Consumer Ombudsman

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In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, the Service Provider has implemented a consumer mediation system. The designated mediation entity is:

SAS CNPM – MÉDIATION – CONSOMMATION

In the event of a dispute, the Client may submit a claim on the website:

https://www.cnpm-mediation-consommation.eu/

or by post to:

CNPM MÉDIATION CONSOMMATION

27, avenue de la Libération – 42400 SAINT-CHAMOND - FRANCE

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ARTICLE 21 – Pre-contractual Information – Acceptance by the Client

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These general terms and conditions of sale, as well as the attached price lists, discounts, and rebates, are expressly agreed to and accepted by the Client, who acknowledges having full knowledge thereof and, as a result, waives the right to rely on any contradictory document, including their own terms and conditions of purchase.