TERMS AND CONDITIONS OF SALE AND USE
Cultival is a joint stock company under French law, with capital of €65,770.40 headquartered at 22 rue du 4 septembre 75002 Paris, France, registered under number 429 945 447 with the Paris Trade and Companies Register. The company’s intracommunity VAT number is FR96 429 945 447. The Cultival Office offers visit services with or without a guide and ticketing for museums and performances, cruises and tourist passes and event Services relating to leisure tourism. Cultival also distributes its own range of Gift Boxes.
1.2. Object of the contract
The present Conditions have the object of defining the terms and conditions of access to offers and services proposed to Clients by Cultival. They apply to both professionals and individuals.
As a result, any order by the Client implies their prior and unreserved acceptance of the present General Conditions which prevail over any other document with the exception of specific conditions expressly agreed in writing by Cultival.
The present Conditions are subject to French law. They cancel and replace all previous versions and may be modified at any time at Cultival’s initiative, without prior warning, being understood that such modifications are not applicable to orders previously accepted and confirmed by Cultival.
The General Conditions applicable to an order are those which are accepted by the Client at the moment of ordering. Any dispute relating to the present Conditions which cannot be settled by amicable agreement between the parties shall be brought before the French courts.
The terms defined below shall have the following designations in the present Conditions:
-Client: person buying a Service or Cultival product, with it being understood that the Client may or may not be the Beneficiary of the Service, which may be for personal use or given as a gift.
-Beneficiary: person benefiting from the Service.
-Service: event or performance provided by the Partner to the Beneficiary.
-Partner: provider chosen by Cultival which provides the Service to the Beneficiary.
-Cultival Gift Voucher: gift card denominated, developed and operated by Cultival.
-Ticket voucher: exchange coupon delivered to the Client by email or post on final reservation.
-Ticket: all Tickets enabling access to the Service (Ticket voucher, final Ticket and original Ticket).
-Site: area of the Service
-Prepay: Service paid in advance by the Client with Cultival or one of the distributors without having yet made a reservation (open ticket with reservation or gift card for example).
In most cases, Cultival provides Ticket Vouchers. In this case, the final Tickets are to be collected in exchange for the Ticket Vouchers at the entrance to the Site on the date of the Service, prior to the start of the event if need be. The Ticket Voucher displays the information of the order: order number, date of the order, name of the Client, date, name and date of the Service etc. A Ticket voucher may be used by several Clients, and in this case their numbers shall be stated.
In certain cases, and only at the request of the Sites, original tickets may be delivered directly.
Tickets are only sent once payment has been fully validated. Only visitors holding a Ticket may visit the Service.
It is the Client’s responsibility to ensure that information given on the Ticket corresponds to the ticket ordered (date, place of the Service, placement etc.) In the case of non-compliance of information, Cultival is bound to exchange or refund the entire order provided that the claim occurs prior to the start of the Service. No claims may be made following the time of the Service.
Any claim must be made within 72 hours following receipt of the order, by post to: Cultival Office, 22 rue du 4 septembre, 75002 Paris.
Prices given in commercial documentation and on the site at www.cultival.frare given in EUR and include VAT. Prices may be revised at any moment according to updates from Partners, revision of their pricing policies or modification of VAT rates in force. The valid price is the one displayed on the Cultival website on the date of the firm and final order.
Reservations may be made:
-By telephone: 0825 054405 (€0.15/min) within France, this number is dedicated only for booking requests. Or +33 (0)1730 36003 from abroad, Monday to Thurday from 9:30am to 6pm (closed between 12:30 and 1:30pm) and Friday from 09:30am to 5pm (closed between 12h30 and 1:30pm)
-Via our office: 22 rue du 4 septembre - 75002 Paris, Monday to Thurday from 9:30am to 6pm (closed between 12:30 and 1:30pm) and Friday from 09:30am to 5pm (closed between 12h30 and 1:30pm)
-By fax: 0148009393, Monday to Friday from 9:30am to 6pm
-By email: email@example.com
Any request for reservation, modification or cancellation may only be processed if made in writing.
Reservation is compulsory and becomes firm and final on receipt of payment.
For reasons of security, certain Sites require a list of names, surnames, and date and place of birth from visitors in advance. As a result this information may be requested from the Client to complete the reservation.
1.8. Reduced mobility
It is necessary to specify any practical requirements relating to disability on reservation where the situation requires special attention and the adaptation of services to needs. A special request will then be made to the Site. In the case where access is not possible owing to a lack of infrastructure on the Site, Cultival may not be held responsible.
1.9. Payment methods
Several methods of payment are accepted:
-Bank cards: Credit Card / Visa and Eurocard / Mastercard / American Express
-Cash - in our office only
-Postal cheque (French banks only) or bank transfer (tax amount at the expense of the client)
-Vouchers or cards at face value: ANCV (holiday voucher), Tir Groupé Culture Card, Cadhoc - in office only. This list is not definitive and may change at any moment.
-Prepaid: Gift cards from Cultival, FNAC, Ticketac, Ticketnet, Digitick etc. This list is not definitive and may change at any moment.
For any confirmed order involving several payment methods, the second method of payment can only be made using a bank card.
Only payments by bank card and Prepaid gift cards are accepted at www.cultival.fr.
1.10. Cultival services
-Purchase Order: in the case of reservation by Purchase Order, billing shall be calculated for the actual number of persons once the Service has been used, where this is lower than the number indicated on the initial Purchase Order. It should therefore be noted that the minimum order amount is €36 including VAT. If the actual number exceeds this, the issuer of the Purchase Order must receive authorisation from Cultival to alter the number.
-Monthly Statement: Cultival offers certain Clients the possibility to definitively confirm a Service using deferred payment. Each month, Clients using this service will receive a Monthly Statement listing the different services for the month. The Monthly Statement may be done in two ways - either by order date or by the date of the Service. Only Cultival may authorise Clients to benefit from deferred payment via the Monthly Statement as well as the type of Monthly Statement. This service is also available at www.cultival.fr.
-Exchange coupons: following the agreement and signature of a contract between Cultival and the tourism professional, the exchange coupons will be accepted. The tourism professional must provide Cultival with an exchange coupon specimen intended for the general public, groups and companies. These exchange coupons will not be sent by Cultival following Services for payment (the reference number for the Client provided at the time of the reservation request acts as proof). Cultival is bound to not solicit these Clients without the prior agreement of the tourism professional.
-Group registration option: Cultival offers the option for already formed groups to create a non-binding option using the “registration option”. Private visits have the same characteristics. An end date for the option brought to the knowledge of the Client will remove the option where this has not been converted into an order by payment within the allotted time. Registration does not constitute conformation. Only payment serves as confirmation of the reservation. In any case, any issue of Tickets can only be made following payment. The prices given in the “registration” document are subject to change. The applicable price will be that indicated on firm and definitive confirmation of the order.
1.11. Delivery charges
Delivery costs are not included in the price of Services. These charges are billed additionally and given prior to final validation of the order. Delivery costs are subject to the VAT rate in force on the date of the order.
Delivery methods and associated costs are the following (inclusive of VAT):
-Collection and email: free of charge
-Priority letter for ticket voucher: €1.20
-Priority letter for gift box: €4.90
-Registered Post: €8.50
-Less than 20 tickets: €8.50
-20-99 tickets: €10.50
1.12. Delivery timeframes
-Collection: immediate (according to the opening hours for the Office given in Section 1.7)
-Priority letter: From 48 to 72 hours
-Registered Post: 48 hours
-Courier: 24 hours
Delivery periods are only given as a guideline. In the event of late delivery, Cultival cannot be held responsible where this delay is due to a case of force majeure such as defined in Section 1.13, owing to third party transport issues or being attributable to the Client, either in the event of absence of the recipient during the delivery, or in case of incorrect data given on the part of the Client when placing the order.
It is the responsibility of the Client to ensure proper receipt of the Ticket and to warn Cultival otherwise. Cultival may not be held responsible where the Client is unable to benefit from the Service as Cultival has not been informed in advance that the Client has not received the Ticket.
1.13. Definition of force majeure
A case of force majeure or fortuitous event is any unforeseeable and unstoppable external event as defined by Article 1148 of the Civil Code, independent of the will of Cultival and hindering the operation of the services sold, in particular owing to acts of public authority, hostilities, wars, riots, administrative decisions, natural disasters, fires, floods or exceptional weather impeding the smooth running of Cultival or that of any of its suppliers, subcontractors or carriers as well as damages, failures or delays of one or more Service Providers, telecommunications blocking, Internet blocking, the breakdown of the material providing the service, transport interruptions, or the supply of energy or raw materials etc.
The party wishing to plead a force majeure event must immediately notify the other party of the onset and end of this event, otherwise the party may not be relieved from its responsibility.
1.14. Cancellation period
In accordance with applicable legal provisions for contracts concluded at a distance, a Client purchasing goods or provision of a Service has a period of 14 clear days to change their opinion concerning the purchase, justification or penalty (excluding possible return fees).
However, in accordance with current regulations, the right of withdrawal cannot be exercised for contracts relating to the provision of accommodation, transport, catering and leisure services which are provided for a specific period or date. For this reason, Cultival Services are not subject to this period, with the exception of the purchase of gift vouchers.
To claim your right of withdrawal following the purchase of a gift voucher, please send us a request containing the information below, either by email to firstname.lastname@example.org, or by post to Cultival, 22 rue du Quatre Septembre 75002 Paris.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Cultival:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Product name + Quantity + Order number
Ordered on (*)/received on (*):
Name of consumer(s) + Customer Number.:
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Delete as appropriate.
1.15. Insurance and Guarantees
Partners selected by Cultival have declared that they hold professional indemnity insurance for sufficient amounts given the provision of the Services and posses all the authorisations and certificates allowing them to carry out their activities in a regular manner in accordance with applicable legal provisions and regulations.
Cultival holds an insurance policy covering its professional indemnity with a leading insurance provider. The Client is responsible for all damage resulting from their own fault. The Client is therefore advised to take out public liability insurance.
1.16. Refund and credit
The reimbursement of a canceled order is made in the form of a credit, except for orders paid by a prepaid ticket, a gift voucher or an uncashed check and for order validated by monthly statement. The credit note is valid for 6 months from its date of issue and cannot be extended. After this period of 6 months, the credit is lost. If the customer is in possession of a Cultival credit note, he must contact the Cultival booking department by telephone or email in order to use his credit note for a new order.
The refund of the credit note may take place if the cancellation is not due to the Customer. In this case, the refund of the credit note will be made by bank transfer within a maximum period of three months from the date of receipt by Cultival of the Customer's bank details (Bank Identity Statement).
1.17. Applicable law - disputes
Any complaint relating to a Service must be submitted to Cultival within 72 working hours following the end of the Service by registered post only. In the case of persistent disagreement, disputes may be submitted to Cultival which shall then endeavour to reach an amicable agreement. Any dispute arising from the application of the present Conditions shall be subject to the exclusive jurisdiction of French courts.
After contacting customer service (email@example.com) and in the absence of a satisfactory response or in the absence of a response within 60 days, the customer may contact the Tourism and Travel Mediator free of charge, whose contact details and terms of referral are available on the site: www.mtv.travel
Find more information on the online dispute resolution platform: Online dispute resolution | European Commission (europa.eu).
1.18. Personal data and cookies
In connection with respect of the privacy of the Client and the protection of information submitted by the Client to Cultival, Cultival complies with legislation in force relating to the protection of private life.
Cultival shall be required to collect personal data concerning the Client during the order of the Services. Cultival’s personal data management policy is given on its website under the heading Personal Data.
It is specified beforehand that the present specific conditions only govern Services with guided tours, workshops with a workshop leader and free group visits with a fixed time slot, hereinafter designated the “Visit”. They complement the General Conditions given in Section 1 above. In the case of contradiction between the General Conditions and the present Specific Conditions, the Specific Conditions shall hold prevalence over the General Conditions.
2.2 Availability of Partners
The Visits take place during the opening days of the Partners on predefined time slots, except for exceptional closures. In case of extenuating circumstances inherent to the functioning of a Partner, or safety, technical or artistic concerns, the initial route of the Visit may be altered on the same day, without recourse to any refund or to compensation from Cultival.
In this way, Cultival cannot guarantee access to stage areas for concert halls (Palais Garnier, Philharmonie de Paris, La Seine Musicale etc.).
The visit does not give the right to queue jump, with no exceptions. Cultival may not be held responsible for waiting times caused by a large number of visitors.
2.3 Group capacity
The number of visitors per group is defined for each Site, with a minimum and maximum number of visitors. This information is given in commercial documentation and at www.cultival.frfor the year given. The maximum number of visitors is variable according to the agreement with the Site and the Client, as long as this does not hinder the smooth running of the visit.
2.4. Stop Sales
For major tourism accounts, “stop sales” will be sent to prevent sales for full time slots. Close-out dates are given by Cultival on receipt of information on behalf of the Partners.
2.5. Availability of audio guides/audiophones
For certain visits and/or certain Sites, Cultival offers the Client an audiophone or audio guide. This service is to be paid for by the Client and is explicitly mentioned on reservation. An identification document will be requested as a deposit for audiophone. The Client is responsible for any materials borrowed. In the case of damage or theft, a material rate will be applied for reimbursement to Cultival.
2.6. Compulsory contact details
During reservation the Client must provide a telephone number or email address. This compulsory information is required to warn the Client of the date of the visit in the case of modification for the meeting point or closure of the site owing to exceptional circumstances (strikes, weather, late guide etc.) The Client must check prior to the start of the visit that no message has been sent by Cultival in relation to the visit.
Cultival may not be held responsible for the non-execution of the Service where no contact details are indicated for the Client on reservation. Failing this, no refund may be given to the Client by Cultival.
2.7. Schedules and late arrival
The scheduled meeting times given on the ticket must be adhered to. In case of late arrival the Client may be refused access to the Site, without being eligible for deferral or refund of the Service.
In the case where the late person is accepted, the initial duration of their Service may be reduced without being eligible for a partial refund.
Certain Sites have specific security conditions. The Client must take into account information relating to safety indicated on the product descriptions for Services available at www.cultival.fr and/or on their Ticket. Sites reserve the right to check the contents of Clients’ bags and, if necessary, to confiscate objects considered as dangerous, without return to the owner. Cultival may not be held responsible in this case. Proof of identity may also be requested on site.
In addition, Cultival guides or Partner staff reserve the right to refuse to cater to those whose condition is not compatible with the attention required by the course of the visit. No refund or compensation may be requested in this regard.
COVID-19: The Customer must take into account information relating to the health rules shown on the product descriptions for services available at www.cultival.fr and/or on their Voucher. Cultival guides and Partner staff reserve the right to refuse to serve anyone who doesn't adhere to these rules. No refund or compensation may be requested in this respect.
From 20th July to 30th September, for health reasons, you must wear a mask to take a tour. If you do not have a mask, the guide will not be able to welcome you into the group. Should this happen, you will not be entitled to a refund.
2.9. Service not used or partially used
Any Service which is interrupted, cut short or not used by a Client for any reason whatsoever shall not be eligible for any refund. No refund may be issued in the case of loss of a final Ticket or failure to present the Ticket Coupon on the date of the Service. Any late arrival or no-show is considered as withdrawal and may not give rise to any refund.
2.10. Cancellation conditions
Refund conditions in the case of cancellation are the following (working days prior to the date of the visit) – excluding specific visits given below:
-Group (and private visit): More than 15 days: 100% | less than 15 days : no refund
In the case of modification of the number of persons in the group, the refund conditions applied shall be the same as above.
-Grouped individuals: More than 3 days (72 hours) : 100% | Less than 3 days (72 hours) : no refund
In the case of a cancellation with notice of less than 2 days, Cultival may in certain cases offer the Client a deferred option according to availability with a surcharge of €5.50 inclusive of VAT. The Client may only use this service at Cultival’s discretion.
The visits below are subject to specific refund conditions:
-Guided tour of the backstage of Palais Garnier: More than 8 days: 300 Euros retained from the invoice | less than 7 days: no refund
-Guided tour of the Musée Yves Saint Laurent Paris: More than 16 days: 100% | 15 days or less: no refund
Poor weather conditions, strikes, protests, traffic disruptions and other force majeure events such as defined in sections 1-13 of the present Conditions do not constitute exceptional circumstances voiding these refund conditions.
2.11. Participation of unaccompanied minors
Any underaged person partaking in a visit is under the full responsibility of the legal parent or guardian, whether the latter is present during the visit or not. It is the responsibility of the person who has parental authority to determine whether the tour itinerary, the guide’s speech, the photographs shown, and any other content displayed throughout the visit is appropriate for the minor in their care. For safety reasons, it is also the responsibility of the parent to ensure the unaccompanied minor can easily be identified. In this respect, in the event of an inspection, any unaccompanied minor must be able to present an ID and a contact phone number. Otherwise, Cultival agency reserves the right to deny access to the tour.
The present specific conditions only concern Services which are sold by Cultival for performance and museum ticketing and in no case relate to the Service or the Service Provider.
They complement the General Conditions given in Section 1 above. In case of contradiction between the General Conditions and the present specific conditions, the specific conditions shall have precedence over the general conditions.
Cultival holds a reserve of tickets, however, this reserve is limited, and Cultival can only undertake to satisfy its Clients to the extent of availability.
As part of the Ticketing for performances, if the Customer wishes to add one or more additional places to a reservation already made, Cultival cannot guarantee that these additional places will be located next to the initial places reserved.
In accordance with Section 1.14 of the present conditions, the Tickets may not be cancelled, deferred, modified, exchanged, returned or duplicated.
Museums and event organizers reserve the right to cancel a Service without informing the Beneficiary first and without this cancellation justifying compensation for the Beneficiary other than refund of the Ticket (within the time period defined by the supplier). These events take place at the sole responsibility of the organiser. Cultival may not, in any case, be held responsible for cancellation.
It is up to the Client to check in any case 24 hours prior to the Service that the Service has not been amended by telephone on 0825 054405 (€0.15/min), or in the office.
One the Ticket is printed, it will not be refundable.
In case the Ticket is not used ( validity date passed, impossibility to use it), the Beneficiary will not be able to ask for a refund. Cultival will propose to extend the validity of the Ticket just one more time for a 3 months new validity, costing 5.5€ VAT included. The beneficiary will have to ask this extension to the Cultival Booking Department the month before the validity Ticket will be expired.
3.4 Permanent loss of tickets and duplicates
Museums and performance organisers are not obliged to issue duplicate tickets.
For tickets which are open or not numbered (free placement), duplicates are not possible. Any ticket which is not received is considered as lost (non-refundable and non-replaceable). Ticket delivery by recorded post is strongly advised.
In the case of loss of a numbered ticket, certain Partners may exceptionally issue a duplicate. The issue of a duplicate cancels and replaces the original ticket.
This request for a duplicate must be made to Cultival Client Services 3 working days prior to the Service. The Cultival office will then establish a duplicate to be collected at the Site ticket office at least 30 minutes prior to the Service, using the name for the reservation.
It is specified beforehand that the present Conditions exclusively govern the sale of Cultival Gift Vouchers. These specific conditions complement the General Conditions given in section 1 above. In the case of contradiction between the General Conditions and the present specific conditions, the specific conditions shall take precedence over the general conditions.
Cultival Gift Boxes fall outside the scope of VAT.
The price for a Cultival Gift Box is based on an average Cultival catalogue sale price for different referenced Services. This may be higher or lower than the face value of the final Ticket. The Client or Beneficiary is not entitled to a refund of the remaining amount in any case.
4.3. Right of withdrawal
In accordance with the Consumer Code, in the instance of distance selling, the Client has the right to withdrawal under the conditions given in Section 1.14.
Only Gift Boxes returned within the timeframe in perfect condition may be refunded. Boxes which are returned without the gift cardvoucher or with a gift voucher which is damaged or soiled will not be accepted. Gift Boxes must be returned to the following address: 22, rue du 4 septembre 75002 Paris using recorded post.
Any return made in accordance with the conditions given in the present Conditions shall result in a refund of all the amounts paid (excluding shipping) at the latest within thirty days of receipt of the Gift Box in perfect condition. Return costs remain the responsibility of the Client.
It is specified beforehand that the present Conditions only govern the use of Prepaids. In addition, the specific conditions relating to the Visit given in section 2 above regarding the delivery of the Service also apply. Finally, these specific conditions complement the General Conditions given in Section 1 above. In the case of contradiction between the General Conditions and the present specific conditions, the specific conditions shall take precedence over the General Conditions.
5.2. Types of Prepaid
There are 2 types of Prepaids:
-Single Service Prepaid: The Client chooses a given Service and the Beneficiary reserves the date with Cultival.
-Multiple Service Prepaid: The Client purchases a Service to be chosen from among several.
The beneficiary chooses from a list given by Cultival for the Service and reserves the date.
The Client may only use the Prepaid for the Service or selection of Services indicated.
Given this extended validity period, the content of the Services or the list of Partners may be amended and updated following the sale of the Prepaid, for which Cultival may not be held responsible.
In the case where the Prepaid is not given for a fixed date, reservation through Cultival must be carried out.
The Prepaid is valid for all days of the week including weekends according to the availability of the Site and time slots which are established in advance by Cultival. Reserving as early as possible is recommended so as to benefit from a wide range of dates.
5.5. Use of Prepaid
The amount for the Multiple Service Prepaid is based on the average price from the Cultival catalogue for different Services offered. This may be higher or lower than the face value of the final Ticket. The Client or Beneficiary is not entitled to a refund of the remaining amount in any case.
For the purposes of Client satisfaction, Cultival may allow the Beneficiary to reserve a Service which differs from that indicated on the Prepaid. In the event that the order has a value which is higher than that of the Prepaid, additional payment will be requested by bank card. In the event that the order has a value which is lower than that of the Prepaid, no refund will be carried out.
5.6. Withdrawal / Cancellation / Modification
-Due to the Beneficiary: in accordance with Section 1.14 of the present Conditions, the Services reserved may not be cancelled, deferred, modified or exchanged. However, Cultival shall endeavour to do everything possible to meet the Client’s request, without the requirement of a result. In this case, only deferral of the date or the exchange of the Service for one of an equivalent amount will be offered to the Beneficiary by Cultival. In any case, Cultival shall refund the Client or the Beneficiary for the Prepaid amount.
-Due to the Organiser, the Site or Cultival: Cultival shall endeavour to offer the Beneficiary a deferred date or change of Service of an equivalent amount to the Beneficiary, even where the expiry date for the Prepaid has passed. In any case, Cultival shall refund the Client or the Beneficiary for the Prepaid amount.
5.7. Non-use of Prepaid
The Prepaid is valid until the indicated expiry date. Beyond this date, the Prepaid may not be used. This date is not connected to the date of the Service. However, the Beneficiary of a Cultival gift box holds the option to pay an extension fee of €5.50 inclusive of VAT to benefit from an extended validity period of 3 additional months from the date of extension.
In the case of non-use, loss, theft or destruction of the Prepaid, the Beneficiary shall not have the right to claim a refund or compensation of any type.
It is specified beforehand that the present Conditions only govern the sale of event Services. They complement the General Conditions given in Section 1 above. In the case of contradiction between the General Conditions and the present Specific Conditions, the Specific Conditions shall hold prevalence over the General Conditions. In the case that some of the Services comprising the Global Event are Ticketing and/or visits, the specific conditions relating to these Services apply, with the exception of conditions of cancellation (section 6.7).
The quote constitutes a contract offer for which the Client declares itself to expressly hold the necessary power, authority and capacity for its conclusion and the performance of obligations to which it is bound. The contract offer is valid from 30 days counting from the date of sending to the Client. Beyond this timeframe, the prices given are subject to change and a new quote will be provided by Cultival.
A contract is created and both parties committed upon receipt by Cultival to the quote accepted and validated by the Client. A confirmation email for the quote with the quote attached implies acceptance.
In the case of contradiction between the provisions given in the quote signed by the Client and those given in the present General Conditions, the conditions of the quote shall apply.
The prices for services sold are those valid on the date of sending the quote to the Client. These are denominated in Euros and calculated without VAT. The current VAT rate will then be applied. Prices are guaranteed for the validity period of the quote.
Cultival reserves the right to change its price list at any moment. This shall be applicable to any new offer or any amendment to the contract given subsequently to the date of modification.
6.4. Methods of payment
Payment for services is carried out only by cheque or bank transfer in Euros.
Payment shall be staggered as follows:
-Deposit of 50% of the total amount for the event on signature of the contract
-The remaining balance is to be paid prior to the start of the event.
Where payment is not made, Cultival cannot guarantee the availability of the Service for which the quote was produced. However, the Client remains bound by the obligations subscribed to under the terms of the present Conditions, in particular with regard to the terms of payment and the cancellation conditions.
In case of disagreement with part of the invoices, the Client shall undertake to pay the undisputed amounts without delay and to indicate the reason for the dispute within 5 working days sent to Cultival by registered letter with acknowledgment of receipt. In the absence of such a claim, the Client shall be subject to late payment penalties for the remaining amounts due in accordance with Section 6.7 of the present Conditions.
No discount will be given for advance payments.
6.5. Late fees
In the case of total or partial non-payment for billed services, the Client must pay Cultival a late fee equal to 10% of the amount of the outstanding sum exclusive of VAT. Penalties fall due without the need for a reminder. Sending a registered letter is not required to engage the right to collect late penalties.
A fixed rate for recovery costs may be added to the late penalties billed in accordance with legal provisions in force.
In addition, under certain circumstances, this failure to pay may give Cultival the right of entitlement to the award of certain damages and interests.
The penalty runs from the due date given on the invoice without the requirement of any prior notice. Any fees which are incurred by Cultival as part of recovering amounts due shall be borne by the Client.
6.6. Termination clause
If within 15 working days following an e-mail reminder for late payment, with or without late payment penalties, where the Client has not paid the remaining amounts due, the sale shall be cancelled as a matter of right: Cultival shall be immediately cleared of all obligations towards the Client. The period shall begin from the date of sending the email.
6.7. Cancellation conditions
All cases of withdrawal or cancellation by the Client immediately release Cultival from any obligation towards the Client, and the Client shall not be able to defer the event to another date and will be billed a cancellation fee according to the following scale (in working days):
-30% of the total quote amount 45 days before the date of the event
-50% of the total amount between 44 and 22 days before the date of the event
-75% of the total amount between 21 and 16 days before the date of the event
-100% of the total amount for less than 15 days before the date of the event.
It is to be understood that these cancellation fees are based on the total amount of the invoice or price quote and not on a possible deposit already paid.
6.8. Respective obligations
By express agreement between the Client and Cultival, it is agreed that Cultival does not make firm bookings with its providers until receipt and collection of the deposit.
In the event of unavailability of the Provider(s) occurring following the period between production of the quote and the receipt of the deposit for the desired date, Cultival must offer the Client one or more equivalent or similar providers for the contracted services. This new offer from Cultival is not obligatory for the Client, as the Client is free to accept or decline the offer. In the case of acceptance of the new offer by the Client, the relationship between Cultival and the Client shall continue in the conditions set out in the present Conditions and without modification of the initial contract. In the case where the new offer is refused, the deposit or deposits shall be refunded to the Client within 30 days of reception of written refusal by Cultival for the mentioned offer.
The Client is obliged to hold, in its own name or by way of delegation, a valid liability insurance or professional indemnity insurance policy; as a result, the Client agrees to waive the rights of its participants or insurers to any recourse against Cultival in the case of occurrence of any action mentioned in Section 6.9.
The responsibility of each of the parties is limited to the commitments given by the terms of the contract; as a result, the responsibility of Cultival may not be invoked in the case of direct or indirect loss linked to action outside the contract of one or more service providers.
The responsibility of each of the parties may not be engaged for non-execution or a delay in the execution of one of its obligations described in these present General Conditions if the non-performance or the delay given arises from a case of force majeure as set out in Section 1.13 above.
Apart from cases of force majeure, Cultival may not be held responsible in the event of occurrence of the following:
-Theft, loss of money of valuables belonging to the Client or to participants arising during the event which is the object of the contract,
-Personal or material accidents suffered by the Client or participants during the actions of one or more Providers operating under the contract,
-Any injury or personal damage that the Client or participants may cause to themselves or others connected to fights, accidents, and further consequences arising from being under the influence of alcohol or drugs,
-Indirect or direct damage of any nature, liable to affect objects or materials owned by the Client or the participants on the occasion of the event which is the object of the contract,
-Indirect or direct damage of any nature which the Client or participants cause to the during the visit to one or several Service Providers or their agents acting under the contract,
-Degradation caused by the Client or the participants to materials, equipment and/or the premises of one or more Service Providers acting under the contract.