General terms

General terms

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General terms

GENERAL RENTAL TERMS FOR THE NEUMÜNSTER ABBEY CULTURAL EXCHANGE CENTER

(hereafter « CCRN », « the lessor » )

1. Exclusiveness of the general rental terms

The provision of the premises is governed by the lease signed by both parties and the present general terms. Once the lease is signed, the lessee acknowledges the validity and unreserved application of these terms with no exceptions made.

2. Provision of the premises

The lease designates, in its first clause (subject of the rental), very precisely, the premises to be rented.  A map of the CCRN retracing the premises may be consulted on the following website www.ccrn.lu

3. Reason for rental

The provision of the premises will be done excusively for the activity as described by the lessee in the lease (clause 2).  Any modification done to the reason for rental must be established by amendment to the lease.

4. Rent, payment and other compensations

The rent amount is set out in the lease. In the absence of details in the lease regarding the prices to be applied to different premises, the price list which is valid on the day the lease is signed will be applied. This list may be consulted on the website www.ccrn.lu.

The reservation of the CCRN’S premises is not confirmed until after the payment of a deposit equal to 50% to the CCRN’S ING bank account IBAN LU09 0141 7366 4840 0000. Should the lessee cancel, the conditions of article 20 of the present lease will be applied.
Unless otherwise specified in the lease, the rent set out in the lease must imperatively be paid in full at the latest 5 (five) days before the beginning of the period of rental to the CCRN’S ING bank account IBAN LU09 0141 7366 4840 0000.

The day the lease is signed, the lessor may require that the lessee provide a first order, irrevocable bank guarantee emitted by a Luxembourger financial institution.  This guarantee is to cover all compensation whatever which could possibly be due by the lessee but without limiting to this figure all possible compensation that could be due by the lessee in case of damage done for which hethe lessee would be responsible.

In the event of non-payment of the totality of the rent within the established time period, the lessor is discharged of all general obligations resulting from or which could result from the lease.  The lessor is in particular entitled to freely dispose of the above-mentioned facilities in particular during the time period set out in the lease.

A final calculation will be established after the event takes place.  The lessee will receive a final invoice with all of the lessor’s services which were not indicated in the lease or in the general rental terms and which were provided by the lessor after signature of an amendment to the lease.

In the event of late payment within 30 days after sending the invoice, interest will be calculated at the legal rate in the Grand Duchy of Luxembourg based on the total amount invoiced.  This interest will be due automatically and without prior notification, due to the deadline.

5. Joint inspection and repairs

At the moment of provision of the premises, a joint inspection will be established in contradiction between both parties with indications of all possible defects noted on the premises. If the joint inspection does not mention any defects, it is presumed that the premises were provided in perfect state.

At the end of the agreed-upon rental period, the lessee must free the premises entirely.  On the day that the premises are freed, a contradictory joint inspection is again established between and signed by both parties.

In the absence of the lessee, respectively in the event of a refusal by the lessee to attend the second joint inspections, the lessor will take note of this finding which is considered as adversarial between the parties.

Any defect, damage, or deterioration noted during this second joint inspection will be corrected or repaired by skilled tradesmen who will be called upon by the lessor alone, at the lessee’s charge. The possibility of instigation of repairs by the lessee is excluded.

In the event that the lessee wishes to rent the premises in order to organize a party that includes dancing, the lessor will impose the installation of a dancefloor at the lessee’s charge.

6. Modification and transformation of the premises

The lessee is under obligation to use the premises which he has rented responsibly and to return them to the lessor at the end of the lease in the same state in which they were provided.

Nonetheless, modifications may be brought to the premises with the lessor’s express agreement. The said modifications must imperatively be described exhaustively in a written and signed annex to the lease, of which it is an integral part.

If, during the rental period, any authorized modifications were to cause damage to the premises provided due to installation or to effects which are unforeseeable by the lessor, this damage is immediately noted during a joint inspection established between the parties.

Should the lessee be absent, in the event of a refusal by the lessee to attend the joint inspection, the lessor will note this and it will be considere adversarial between the parties.  Further to this certified observation, the lessor may directly restore the premises to their original state, and/or proceed with necessary repairs at the lessee’s charge.

The lessee must restore the premises to their original state and remove all objects that he had installed no later than at the end of the lease.   Failure to do so will entail the removal and placement on deposit of any remaining object, and this at the lessee’s charge, for 10 days.  Once this period past, the lessor is entitled to dispose of the objects in any way he chooses, in particular by removing them to the public discharge, at the lessee’s charge.

7. Use of technical facilities

The technical facilities belonging to the premises rented which are necessary to the lessee’s activity can be handled and used by the lessor alone.  The lessor may impose the assistance of a technician at the lessee’s charge.

All technical requests (installation of translation booths, projection, lighting, etc.) must be addressed to the lessor.  If the requested equipment is not included with the basic equipment of the rented room(s), the lessor will propose a price offer to the lessee.

8. Security

The lessee is under obligation to undertake all actions which are useful and necessary to respect the security regulations which are applicable, in particular those emitted by the Inspection of work and mines.

The lessee is under obligation to strictly apply all security regulations for the premises, as published and posted within the CCRN premises.

The lessor’s employees may have access to the premises at all times and may, at any time, denounce all possible violations of these security regulations. Nonetheless, the lessor is not under obligation to make a security inspection and is not responsible in the event of the non-respect of the security regulations by the lessee.

Should the lessee’s event require the installation of objects or special equipment, the lessee must hire an outside inspection body to verify that all construction and objects have been installed correctly, in regard to their dismantling or removal.  The lessee is under obligation to request the inspection body to supply an audit report as well as its operating authorization.

Should the lessee install or dismantle these facilities during a time when another event open to the public is taking place, the lesse must make the necessary arrangements so as not to disturb or infringe upon the order, the peace and the security of the public (noise, air currents, displacement of the public,…).

The lessor may forbid the lessee to engage in assembly or dismantling actions if he consideres that there is risk of danger or inconvenience for the Center’s users.

Notwithstanding the provisions of the following paragraphs, the use of all doors and security exits may not be hampered during the duration of the lease. It is the lessee’s exclusive responsibility to ensure that this provision is strictly applied.

The lessee is not authorized to hang any element of any sort from the air ventilation or smoke evacuation ducts, from the lighting suspensions, and in general from any of the existing ducts.

It is strictly forbidden to stock any kind of inflammable and/or dangerous material in the storage areas and/or the facilities and premises provided by the present lease.

Any incident or dysfunction of any installation or facilities must be reported immediately to the lessor.

No action of any nature may be taken with regard to fixed technical installations (water, electicity, low current, telephone, video, sound system, etc).

All actions of hanging or suspending ojbects on walls which are duly authorized must be done in such a way as not to pierce holes in the existing facilities.

No installation may hamper the correct and regulatory closing of fire doors.

The lessor is not held responsible in case of theft and/or damage done to stored objects in the storage areas or any other area on the premises

It is strictly forbidden to smoke anywhere within the CCRN, except in open-air spaces or in indicated smoking areas.  The lessee is personally responsible for the strict enforcement of this ban, especially with regard to the public.

9. Diverse authorizations

The lessor guarantees that the object of the lease is in principle apt to be used, respectively to the organization of the lessee’s proposed activities.

The lessee is free to use the caterer of his choice (except for coffee breaks), on the condition that the chosen caterer disposes of all necessary permits.  The management of the Brasserie of the Abbey will cater exclusively all coffee breaks.

Non-Luxembourger caterers:  The lessee must provide the lessor with an intra-community approval certificate at least 3 weeks before the event takes place.

The lessee is under obligation to obtain at his own charge all individual permits possibly required (work surveillance, fire department, police, all-night opening, etc).

The lessee is under obligation to provide the lessor with the originals of the required permits at least 5 days prior to the event.

If the lessee is organizing an event which is liable to generate royalties, he is thereby under obligation to declare the event, at his own charge, with the SACEM, and to provide the lessor a proof of this declaration at the latest the day before the scheduled event.

10. Informations about the course of events

The lessee must submit to the lessor at least 10 days before the scheduled event, in writing, a detailed plan of the foreseen plan of the event with the number of participants/visitors/spectators expected. The day before the scheduled event the lessee must submit, in writing, all possible modifications to the first plan submitted and, if applicable, the number of entry tickets distributed.

In the event of a cancellation or of an adjournment of the event, the lessee is under obligation to immediately inform the lessor.

11. Event organization

The lessee is the exclusive organizer of his event with all the ensuing rights and obligations

In this regard, the lessee assumes in particular the risks, whatever they may be, which result or which may result from the organization, the preparation of, and the taking place of the event.

The lessee is under obligation to indicate, in a clear and appropriate manner, that he is the organizer of the event, on all documents which may be used prior to and/or during the event (letters, advertising, entry tickets, etc…).

The lessor will provide for the lessee the surveillance and basic monitoring personnel which meet the specific needs of the center. The costs resulting therefrom are included in the agreed-upon rental price for the events.

Additional services conditioned by the organization such as VIP press domaines, stages, risers, parking lots, etc are supplied separately by the lessor depending on the needs of the lessee, by prior agreement with the lessor and at the lessee’ charge.  These services must be listed separately on the lease.

The lessee is not authorized to hire surveillance personnel on his own initiative without the prior written agreement of the lessor.  With regard to this, the precise functions of the said personnel must be defined beforehand.  In the same manner it is expressly agreed and accepted that the decisions of the monitoring and surveillance personnel belonging to the Center must be scrupulously respected at all times by the lessee’s personnel.

To this end, the lessor with designate a project manager whose decisions must be repsected scrupulously by the lessee.

12. Advertising, ticket production and sales

The lessee alone is responsible for the conception of his advertising and entry ticket sales.

Before any publication, the lessee must submit advertising to the lessor who must indicate his agreement.  Any advertising which the lessor considers to be negative for the image of the CCRN may be forbidden by the CCRN’S management.
The lessee is under obligation to indicate, in all advertising, and on the entry tickets, that the number of parking spaces near the CCRN is limited.  For this reason, the lessee must encourage visitors to use public transportation or to use the public parkling lots of the City of Luxembourg.

Any form of advertising done within the provided premises requires the prior written agreement of the lessor.  This is also valid for the distribution of advertising material of any kind.

The production of entry tickets is the lessee’s exclusive undertaking and must at all times respect the graphism and signage “CCRN building”.  The lessee is under obligation to produce and distribute only a number of tickets which is equal to the number of entries available and authorized by the plans.  On the lessor’s request, the lessee must be able to justify the number of entry tickets produced by showing the printer’s original delivery notes or by presentation of the pre-sales report.  The lessor reserves the right to control the production and distribution of entry tickets.

Only the visitors or the spectators of the event who are ticket-holders may have access to the CCRN.  The entry tickets allow access only towards and within the premises provided to the lessee and intended for the public.

Unsold entry tickets must be presented to the lessor after the closing of the cash register the same day the event takes place for checking.  If a system of ticket sales by computer is used, the reckoning listing of pre-sales must be provided to the lessor before opening the cash register and the reckoning of the cash register must be presented at the end of the event.

If a ticket-sales system controlled by computers is used, all of the cancellation reports must be printed. The cancelled tickets must be handed over to the lessor during reckoning.

The production and distribution of entry tickets may also be taken charge of partially or wholly by the lessor.  The lesse is informed that the lessor uses a ticket-sales system controlled by computers to this end.
Ticket sales are carried out exclusively in the lessee’ name and will be invoiced to him.  The lessor reserves the right to levy a pre-sales tax on the entry tickets; this tax is set by the lessor provided that he is in charge of ticket distribution himself and provided that the lessee has not set the final price, provision and charges for the place of pre-sale included.

If the lessee entrusts the lessor with the production and distribution of tickets, the lessor will receive payment to be set by the parties.

The lessor reserves the right to allocate the takings generated by entry ticket sales in priority to the payment of any sums due arising or resulting from the lease.

The lessor may demand that the lessee place a maximum of 10 entry tickets per event at the lessor’s disposition free of charge.

13. Audiovisual rights

Each sound and/or image recording of an event at the CCRN, done by the lessee or for the lessee, must receive special authorization from the lessor.  The lessor may request special payment, to be defined between the parties.  In the absence of an agreement, no distribution of recordings may be done by the lessor or by a third party for the lessor’s account.

14. Cloakroom, gastronomy and other merchandise distribution

The operation of a cloakroom for the participants/visitors/spectators of an event is the lessor’s responsibility.  The lessor may entrust this operation to a contractor.  The users of these services must pay the required related sums.

All distribution, free or paying, of food, beverages or tobacco requires the written prior authorization of the lessor.  The services of the Krieps Room refreshment counter as well as the gourmet services of the conference center (welcome coffee, coffee breaks, beverages, etc), catering not included, will be provided exclusively by the CCRN brasserie management.

The lessee may distribute products directly related to the event, such as programs and articles.

15. Procedure regulations

The procedure regulations which indicate, among others, security regulations, are published and posted on the CCRN’s premises and are integrally part of this lease.  The lessee must ensure that these regulations are respected by all participants/visitors/spectators of the event and by his own personnel.

16. The lessee’s responsibility

The lessee alone is responsible for any general harm done to the lessor and resulting from any general fact (fault, breach, negligence, or imprudence) accomplished by himself, his personnel, management, agents (express, tacit or apparent) and committed by the lessee in the same way by participants, visitors/spectators of the event organized by the lessee.

The lessee must take out a liability insurance policy which is appropriate for his event, which insures bodily damage, material deterioration, and any other damage related to his event, for all of the lessee’s participants, visitors and personnel.  The lessee must submit the proof of subscription of such an insurance policy to the lessor at least 5 days before the day of the event, along with proof that the insurance premiums have been paid.  Failure to do so within the stated time period gives the lessor the right to subscribe such a liability insurance policy in the name of, and for the account of, the lessee, at the lessee’s charge.

If, after signature of the lease, it is discovered that the event includes a risk not foreseen in the lease, the lessor reserves the right to demand additional guarantees such as a security deposit, or a first-demand additional guarantee provided by a bank, or additional insurance coverage.  If the lessee does not meet this demand within a reasonable time period, at least 5 days before the beginning of the event, the lessor reserves the right to terminate the lease.

17. The lessor’s responsibility

The lessor is responsible with regard to the lessee only in the event that the obligations as defined by the lease and the present general terms are not executed.

18. Transfer of the lease, sub-letting, plurality of tenants

The lessee does not have the right to transfert this lease to a third party.

Sub-letting to a third party is only possible after receiving prior written agreement from the lessor. Should the lessee sub-let, the lessee will assume full responsibility along with the subtenant.  In the case of plurality of tenants, all are jointly responsible with regard to the lessor.  All possible commitments made by one lessee are assumed jointly with regard to the lessor.

19. Termination of the lease

The lessor may terminate the lease at any time and without prior notification if :

  • the payments and guarantees contracted are not executed and justified by the lessee within the required time limits ;
  • the lessee does not respect any of the contractual obligations that arise respectively of any the provisions resulting from these general terms and conditions ;
  • the lessee does not follow security regulations or does not meet administrative obligations or any other legal or regulatory provision related to the event planned ;
  • the lessee is declared bankrupt;
  • there exist real indications that public order and security are threatened by the event;
  • a force-majeur event takes places which makes it  impossible for the lessor to provide the premises.

If the lessor terminates the lease without prior notification for one of the reasons cited abote, the lessee’s obligation to pay the rent is not waived, except for a case of force-majeur.  Cancellation for one of the above-listed causes does not allow the lessee to make a damages claim to the lessor.

20. Event cancellation

The lease must be submitted, duly signed by the lessee, to the lessor within a maximum of 14 days after reception, failing which, the candidate-lessee will lose all rights with regard to the planned event.

In the event of a cancellation by the lessee of an event date set-down contractually, the lessee must pay the following compensation to the lessor : up to the 20th day before the event 25% of the set rent, plus any incidental costs which have already been incurred, plus the legal VAT ;
up to the 10th day before the event 50% of the set rent, plus any incidental costs which have already been incurred, plus the legal VAT ; after the 10th day before the event 100% of the set rent, plus any incidental costs which have already been incurred, plus the legat VAT.

All commitments, fees, or expenditures incurred by the lessor for the lessee’s account under the above-specified conditions will always be at the lessee’s charge.

21. Data bases

The lessee authorizes the lessor to record and to process personal data relating to the lessee.  The lessor agrees to respect the principles of personal data protection regarding the lessee’s personal data and that of the lessee’s employees as well as that of the participants, which may be communicated to the lessor by the lessee.

22. Legal jurisdiction

In case of litigation and in the absence of a settlement, Luxembourger law will be applied within the jurisdictions of the Grand-Duchy of Luxembourg, who alone will have jurisdiction.

The public Establishment reserves the right to modify its prices and general terms of provision at any time.