• At Le Mans Classic (the Event) SAVH offers hospitality services associated with the Event in a venue (Reception Venue) closed to the public (the Programme). The client wants to acquire the services described in the sales offer. For this purpose SAVH and the Client (hereafter the Parties) have decided to agree a hospitality services contract (hereafter the Contract)
• The Contract is made up in decreasing order of importance of an order form (hereafter the Reservation) the proforma invoice (the Invoice) the present general sales conditions of hospitality services (hereafter the General Conditions) and the Sales Offer which form an indissociable whole. In case of contradiction between the contractual documents the Reservation will prevail over the General Conditions.
• The Contract of which the present preamble is an integral part governs the relations between the Parties concerning the object of the presents to the exclusion of any other document, written or verbal agreement; it replaces any oral or written agreement exchanged earlier between the Parties at the conclusion of the presents and relating to its object.
• The General Terms and Conditions apply to all Services provided by SAVH to the Client in connection with the Event and are addressed to the Client, delivered [or made available on SAVH’s website [https://lemansclassic.com], prior to placing any order.
• Any Booking by the Client implies its acceptance without condition or reservation of these General Conditions subject to any special conditions negotiated between the Parties.
• The Client’s general terms and conditions of purchase or any other document of the Client are unenforceable against SAVH without its prior written consent.
2 Purchase of Services
2.1 Terms of the purchase of Services
The Services are ordered from SAVH. Any order only becomes final after written acceptance by SAVH. Any change in the order made by the Customer must be approved and written by SAVH. If necessary, this change will be invoiced or a credit note issued.
2.2 Prices and payment terms
2.2.1. The price of the services is given in euros inclusive of all taxes.
SAVH reserves itself the right to modify its prices at any moment but the Services will be invoiced at the tariffs in force at the Reservation. In return for the services the Client will pay SAVH the lump sum stipulated on the Reservation in euros.
• The full settlement must be sent in euros (inclusive of all taxes) on reception of the invoice. Unless otherwise agreed, all payments are made within thirty (30) days of the invoice date, without discount. The Services are deemed to be payable in Paris. Payment is deemed to have been made on the date on which the funds are received by SAVH or its subrogee. In the event of a dispute or partial performance of the Contract, payment shall remain due on the uncontested or partially performed part of the Contract.
• Payment for the Services is made only by transfer to the bank account whose details appear on the Invoice, by cheque or by credit card.
2.2.2. Any delay in payment on the due dates agreed in this Article shall automatically give rise to the application of default interest of an amount equal to the interest rate applied by the ECB to its most recent refinancing operation plus 10 percentage points on the due date of the applicable payment period, even if the sums due by the Client have given rise to the issue of drafts already put into circulation. In the event of late payment, SAVH shall be entitled to demand from the Client the payment of a fixed compensation for recovery costs in the amount of 40 euros, in addition to the late payment compensation, in accordance with Article L. 441-10 of the French Commercial Code. In the event of late payment, SAVH also reserves the right (i) to automatically suspend or cancel the performance of the Services in whole or in part without prior notice, except where the Client can establish the existence of a case of force majeure, without prejudice to any compensation that may be claimed by SAVH in the event of partial or total non-compliance with the other provisions of these General Terms and Conditions.
2.3.1. The Client states having read and accepts the present General Conditions prior to the validation of the Reservation before the payment.
2.3.2. Any commitment by the Client is binding and irrevocable and cannot be reimbursed for any reason whatsoever.
The Client cannot claim any compensation or financial indemnity in the case where, for any reason whatsoever, the Client does not use all or part of the Services. In the event of withdrawal, refusal or cancellation by the Client, SAVH shall be released from any obligation towards the Client and the latter shall not be entitled to postpone the Services to another date, nor to reimbursement of sums already paid and retained by SAVH as irreducible contractual termination compensation.
3. SAVH’s obligations
SAVH commits to supplying the client with the Services either directly or through third party providers to whom it has entrusted all or part of the Services.
4. Client’s obligations
• The Services sold by SAVH are for clients, prospects, employees, representatives, agents, natural persons of the Client’s (hereafter the Persons) for their personal use and consumption.
• The Client commits not to cede in any way whatsoever and to any end whatsoever either in whole or in part the Services that are the object of the Contract.
4.2. Access to the Reception Venue
• No invitation handed out by the Client can be considered as a valid access to the Event. Only people having an accreditation issued by SAVH can access the Reception Venue.
• SAVH reserves itself the right to refuse access to the Reception Venue and to expel from the Reception Venue anybody whose behaviour bothers the others or upsets the good performance of the Programme or of the Event.
4.3. Communications – visibility
4.3.1. The Client and the people accompanying him accept to be filmed and/or photographed and that their image so produced can be freely exploited by SAVH or its beneficiaries or dependents during the diffusion and promotion of the Programme or of the Event.
4.3.2. Unless express authorisation is given by SAVH to the client in a separate contract and in the strict context of this authorisation, the Client will ensure that himself and the Persons respect the interdiction to exploit in any form whatsoever, and for any use whatsoever outside the strict context of the exploitation within the family circle, photos or films representing all or part of the Programme or the Event.
4.3.3. The client commits not to make any statements that may tarnish the image of SAVH, the Event or the Programme. The Client commits to respecting absolute confidentiality and refrains from divulging to anybody for any reason whatsoever any information that he may have learned through the presents relating to the event or more generally to SAVH.
4.3.4. Any reference to the Programme and the Event as well as any use by the Client of the logo of the Event and/or if applicable when needed of the Programme or any other distinctive sign related to the Event or SAVH as well as any use of terms such as “Supplier,” “Partner,” “Sponsor,” “Godfather,” of the Event or of the Programme is strictly forbidden.
5. Client’s responsibility and insurance
• The Client will be responsible throughout the duration of the contract for all his acts within the Event’s enclosure.
• The Client is responsible for any damage, degradation, or deterioration of the Reception Venue noted by SAVH after it has been put at the Client’s disposal. Thus, the Client commits to reimbursing SAVH on first demand and on the simple presentations of justifications all the expenses that the latter has had to commit for repairs to the Reception Venue.
• The Client must immediately inform SAVH of any incident, bodily or material damage whatsoever in the Reception Venue.
• In addition, the Client commits to contracting an insurance policy at his own expense that remains in force for the duration of the contract covering his civil responsibilities for all kinds of direct or indirect bodily, material and immaterial damages caused by himself of by persons and justify it on a simple request to SAVH.
In case of failure by the Client or Persons to fulfil any of the obligations laid down in the presents, the Contract can be automatically terminated without any judicial formalities by SAVH after formal notice to remedy it, sent to the Client by all appropriate means remains unsuccessful without prejudice for SAVH to demand damages and interest. This formal notice can be immediate depending on the nature of the failure or breach.
SAVH’s liability is limited to compensation for direct material damage caused to the Client as a result of improper performance of its contractual obligations.
Except in the event of gross negligence or fraud, SAVH will therefore not be required to repair:
• The harmful consequences of the Client’s or third parties’ mistakes relating to the performance of the contract,
• Immaterial and/or indirect damages.
In any event, unless otherwise stipulated in the contract, SAVH’s cumulative liability is limited to the sums received for the provision of the Service on the day of the claim.
8. Force majeure
• The parties agree that SAVH cannot be held liable if the Event and/or Programme have to be cancelled or interrupted for reasons of force majeure.
• For the requirements of the presents the parties agree to give the following events the effects of force majeure: fire, climatic or political conditions making the holding of the Event and /or Programme in particular impossible or very difficult: flooding, epidemic, attack, or threat of attack, hurricane, tornado, tempest, storms, frost, hail unfavourable to the holding of the Event and/or Programme, earthquake, war, civil war, requisition, work stoppage, lock-out or strike of the personnel or sportsmen/women necessary for the holding of the Event and/or Programme, or the transport of competitors or spectators, revolution, riots, crowd movements, legal moratorium, government fiat, withdrawal or suspension of federal authorisations, withdrawal or suspension of the authorisation of occupation of the sites where the Event and/or Programme are taking place, theft of all or part of the equipment necessary for the holding of the Event and/or Programme, lack of electrical energy, interruption or delays in the transports of telecommunication posts, impossibility to broadcast the Event and/or programme by terrestrial hertzian waves, cable or satellite, conditions making it very difficult to maintain the safety of participants in the event or spectators.
• The Client acknowledges that SAVH cannot be obliged to reimburse it the amount on the Invoice or pay it any indemnities because of the interruption or cancellation of the Event and/or Programme and renounces any legal proceedings for SAVH’s responsibility to obtain damages-interests for these reasons.
9. Intuitu personae
The present contract is concluded Intuitu personae between the Parties. The rights and obligations of the Client cannot be ceded in part or in whole, delegated, or transferred to a third party by any means whatsoever without the previous written express agreement of SAVH.
10. Law applicable and jurisdictional competence
• The present contract has been drawn up in the French language which will be considered in all hypotheses as the unique language of the contract. It is governed by French law in all its dispositions.
• Any litigation concerning its validity, interpretation, its execution and/or expiry will be submitted to the exclusive competence of the appropriate jurisdictions of the Paris Court of Appeal nonobstant any request instance and/or guarantee or plurality of the defendants.
• No tolerance by SAVH even if repeated will constitute a renunciation by it of any of the dispositions of the present contract.
• These General Conditions and any special conditions negotiated between the Parties constitute all the commitments undertaken by the Parties. They cancel and replace all verbal and written agreements prior to their distribution or that may be relevant to their purpose.
• In case of invalidity of any of the dispositions of the present Contract the parties will search for valid equivalent dispositions in good faith. In any case, the other conditions and dispositions of the Contract will remain valid.