Preamble:
The equipment hereinafter referred to as the “Oustau Calendal” is a public property of the Commune of Cassis and is managed commercially by the Cassis Tourist Office, hereinafter referred to as the “Office de Tourisme de Cassis”:
CASSIS TOURIST OFFICE
Legal status: Public Industrial and Commercial Establishment (EPIC)
SIRET NUMBER: 431 967 25 60 00 22
APE Code: 7990Z
Intracommunity VAT: FR 16 431 967 256
ATOUT France registration n°IM01312017
Financial guarantees: APST
Professional insurance: GENERALI (Siffrein-Blanc Assurances)
OUSTAU CALENDAL
Legal status: SPIC – SIRET number: 21130022300099 APE code 8411Z
Intra-Community VAT number: FR 552 11300223000 16
This document defines the general conditions of the provision of the Oustau Calendal by the Cassis Tourist Office. The conditions of this hire apply to the premises, equipment, materials and services provided within the building for all types of events, particularly in the field of business tourism and events. The Tourist Office reserves the right to assess the nature of the planned event, and to refuse the request to make the Oustau available if there is a serious risk of a public order disturbance that cannot be prevented by the exercise of the Mayor’s police powers, or if the purpose, form or implementation methods contravene the fundamental principles recognised by the laws of the Republic. The terms “the Tourist Office” and “the Tenant”, hereinafter used in these regulations, refer respectively to the Tourist Office and the natural person or legal entity with whom it deals. The “Oustau Calendal” facility is hereinafter referred to as the “Oustau”. The provisions of these regulations are contractual in nature: they are appended to any agreement to make the facilities available, it being specified that acceptance of the agreement to make the facilities available implies full acceptance of these conditions.
1. – RESERVATION OPTION
A reservation option may precede any agreement to make the premises available. On simple written request, the Tourist Office may unilaterally undertake, for a specified period, not to make any commitment to make the Oustau available for the organisation of any event for a specified date and period.
The reservation option indicates the duration of its validity and specifies, taking into account the date planned for the event, the final date acceptable for signing the sales contract. After this period of validity, the reservation option no longer confers on its holder any right to the use of the Oustau for the agreed dates.
The booking option includes the following information:
2 – THE CONTRACT
The contract concluded with the lessee constitutes an agreement to make available a public domain facility belonging to the Commune. This contract includes and specifies the elements set out in article 1.
It also specifies the following points:
– It establishes a price based primarily on the duration of the event and the ancillary services requested. If the Oustau is made available free of charge, this price includes the cost of security provided by a SSIAP1 security guard who must be present throughout the event. (including the arrival and departure of service providers), as well as the costs of any service providers from outside the Convention Centre.
– It defines the use that the Taker intends to make of the premises and equipment made available or hired, and which he undertakes not to modify without the agreement of the Tourist Office.
3 – PAYMENT CONDITIONS
Payment of the price is made to the order of the Public Treasury as follows:
– On signature of the contract, a deposit of 30% of the total amount of the quote accepted on signature of the contract.
– The balance is payable no more than 30 days before the date on which the Oustau is made available as specified in the contract.
SECURITY DEPOSIT
A security deposit equal to the amount of the hire charge may be required.
This guarantee will expire when the premises are vacated, assuming that no damage has been noted.
Should any damage likely to be attributable to the hirer be noted, the Tourist Office may retain or demand the retention of all or part of the guarantee, depending on the foreseeable costs of restoring the premises. Any major damage recorded after the event which affects the structure, equipment or decoration of l’Oustau Calendal and which is not covered by the deposit, will also be charged to the customer.
PENAL CLAUSE
Once the contract has been concluded in accordance with article 2 above, any cancellation by the Taker will automatically give rise to the payment of compensation:
Delay noted before the start of the event :
1. More than 30 days: 10% of the total amount will be retained.
2. Between 30 and 22 days: 25% of the total amount will be retained.
3. From 21 to 8 days: 50% of the total amount will be retained
4. From 7 to 2 days: 90% of the total amount will be retained
5. Less than 2 days / No-show: 100% of the total amount will be retained.
No refund will be made for early departure or late arrival.
It is understood that the penalties thus deducted will be paid back to the respective service providers. In all cases, the Cassis Tourist Office will retain its remuneration.
The Tourist Office may cancel all or part, for one or more days, or even a few hours, of the provision of services in the event of total or partial unavailability of the premises due to unforeseeable circumstances or force majeure as these notions are understood by the relevant case law, particularly due to bad weather rendering the use of the premises or the frequentation of its surroundings dangerous for the safety of persons or property. In such cases, the Tourist Office shall not be held liable and shall not be liable for any compensation or indemnity whatsoever.
4 – PROHIBITION ON TRANSFER, PERSONAL NATURE OF THE AVAILABILITY AGREEMENT
The provision agreement is exclusively personal to the lessee. Consequently, the lessee is prohibited from transferring to a third party, directly or indirectly and in any form whatsoever, the rights that he/she holds under the agreement to make the premises available, without the express prior agreement of the Tourist Office. In their dealings with the Tourist Office, business contributors are required to specify the identity of the natural or legal persons in whose name and on whose behalf they are acting.
5 – PREPARATION OF THE EVENT / COLLABORATION OF THE TOWN’S SERVICES
The Taker, or its representative, will contact the Tourist Office to finalise the event, the definitive programmes and timetables, as well as details of the equipment, materials and services to be provided.
In accordance with the legislative and regulatory provisions applicable to establishments open to the public (ERP), only the security guard assigned to the surveillance and security of the Oustau may be given the keys to the equipment during the event’s opening hours. L’Oustau’s technical equipment (in particular the sound and lighting equipment) may not be made available to the Taker without the presence of L’Oustau’s stage manager. The assistance of the Oustau’s stage manager will be at the Taker’s expense.
Any service not provided for in the contract, in particular the provision by the Tourist Office of additional or complementary human or material resources, will be the subject of an amendment to the initial agreement. It is specified that the Tourist Office is in no way bound by the corresponding requests, which will only be accepted and carried out by the Tourist Office subject to the availability of its services, and according to a price previously accepted by the Taker.
6 – SUPPLIERS
The Taker is free to choose its suppliers (with the exception of caterers, security services, maintenance services and the technical manager), but the latter must contact the Tourist Office before any work is carried out in the building.
The Taker must choose its caterer from a list of caterers referenced within the Convention Centre. If the Taker wishes to work with a caterer that is not referenced, it must first obtain the express authorisation of the Tourist Office, indicate the reason for its choice and the supplier must contact the Tourist Office for the payment of a commission relating to the occupation of the site.
The Taker affirms that any service provider used in the organisation of its event :
– has fulfilled its social security and tax obligations.
– is the holder of an insurance policy taken out with a company known to be solvent, covering all risks likely to affect the Oustau during the preparation and execution of the agreement.
7 – CATERING
If the Tourist Office is responsible for providing the catering service through an external service provider, final confirmation of the number of meals to be served must be provided no later than 15 clear days before the meal.
In the event of a last-minute withdrawal of all or some of the guests, the number of participants confirmed in accordance with article 2 will be used as the basis for invoicing. For catering purposes, please note that no hot food may be served directly on site.
8 – INSURANCE
The Taker will be held solely liable in civil and pecuniary terms for accidents to persons or property, offences, damage of any kind to persons or property occurring as a result of the Taker’s actions or those of participants in the event within or outside the hall. It is specified that he will provide his own insurance and that of the individuals he presents with a company known to be solvent. The Taker undertakes to present the corresponding certificates when the contract is signed and at least fifteen days before the start of the event. It is also agreed that the Taker will be responsible for insuring any equipment he may bring onto the premises.
Any special equipment or installations brought in by the Taker, with the agreement of the Tourist Office, must be covered by insurance including a waiver of recourse clause against the Tourist Office, which will be presented to the Tourist Office 15 days before they are deposited on the premises. They will be collected under the conditions stipulated in the contract. Failing this, the Tourist Office will have this removal carried out automatically, at the Tenant’s expense, risk and peril, without prejudice to any additional occupancy compensation that may be claimed.
The Tourist Office may not be held responsible in the event of theft or other criminal acts to which the Tenant or its visitors may fall victim in the interior and exterior premises made available.
9 – GENERAL POLICY
Before taking possession of the premises, the Taker formally confirms that he holds all the authorisations required for the event to run smoothly. The Taker undertakes to comply with and ensure compliance with the legal and regulatory provisions concerning public decency, public peace and the organisation of meetings. The Taker is held responsible for any noise or nuisance that may disrupt the smooth running of the event or result from the holding of the event.
The Taker undertakes to cease or cause to cease all acts harmful to others, and to expel any person whose attitude or behaviour is such as to be prejudicial to the Tourist Office.
If the Tenant fails to do so, the Town may expel or have expelled any person whose attitude or behaviour is deemed incompatible with the character of the premises and who refuses to comply with the rules of the premises and these regulations for use.
10 – SECURITY / CONTROL
The Taker undertakes to respect, and to ensure that those taking part in the events respect, the legal and regulatory requirements concerning fire safety in establishments open to the public, as well as the internal safety instructions. For reasons of security, surveillance and screening, a SSIAP1 security guard is compulsory and will be invoiced to the Taker.
In accordance with the fire safety regulations applicable to establishments open to the public, the installation of human fire safety resources is compulsory throughout the occupation of the premises.
These resources are defined by the Town and by the Tourist Office, according to :
– the actual number of visitors
– the nature of the event
– the configuration of the areas used
– any regulations issued by the safety commission
The fire safety system must include at least 1 SSIAP 1 qualified fire safety officer, present at all times during events taking place in the building. This system may be reinforced, if necessary, by one or more SSIAP 1 agents and/or by the appointment of a SSIAP 2 team leader, without the Tenant being able to object.
The security guards are responsible for
– general surveillance of the premises
– Controlling clearances and emergency exits,
– preventing fire risks,
– applying safety instructions,
– assisting the evacuation of the public if necessary.
For reasons of safety, surveillance and screening, the presence of fire safety officers is compulsory and will be invoiced to the Taker.
Unless otherwise agreed, the choice of security company will be made exclusively by the Town or the Tourist Office. The Taker will be solely responsible for controlling entry to the premises at its own expense. It undertakes, in order to take account of safety requirements, not to admit more people than there are seats or to limit the number of occupants of the rooms to the maximum number indicated by the Tourist Office. If this number is exceeded, the Town will evacuate the premises by any means necessary.
In order to facilitate the preparation and running of the event, it is recommended that the Taker invites its staff and the members of its group to wear a badge-type identification or to arrange screening with the security agent.
11 – OCCUPATION OF THE PREMISES
CAPACITY
L’Oustau is a building classified as an establishment receiving the public (E.R.P.) 2nd category type L, N, T. In accordance with safety standards, the reception capacity is as follows:
-CALENDAL” plenary hall: 500 people standing / 238 people seated
-Modular sub-committee room: 90 people standing / 70 people seated (if not partitioned)
– Rotunda (reception area): 200 people standing / 120 people seated
– Bar area: 100 people standing
– Terrace area: 300 people
The use of sound amplifiers on the terrace is prohibited.
PARKING AROUND L’OUSTAU
At the request of the Taker, the Tourist Office may authorise parking on the outdoor esplanade or in the immediate vicinity.
TIMETABLE
The rooms, facilities and equipment are made available to the Taker according to the rental periods defined in the contract.
Occupation of the premises must cease on the dates and at the times stipulated, although the Taker may obtain an extension insofar as it does not interfere with the holding of subsequent events. In this case, the Taker shall pay the additional room and staff charges in accordance with the rates.
The Taker may only use the rooms and accesses allocated to it. Irregular use of other rooms and annexes will be billed as an additional rental.
The organiser undertakes to comply with current noise regulations. Under no circumstances may the noise level of the activities disturb the neighbourhood. In application of the law of 31 December 1992 relating to noise pollution, the operator will refer the matter to the authorised agents, who may immediately stop the activity and evacuate the premises, without the organiser being able to claim any compensation. The organiser may be prosecuted.
12 – PROHIBITED ACTIVITIES
No one may carry out any commercial activity in the rooms, in particular sales, rentals or other services on behalf of the Taker, without the express prior authorisation of the Tourist Office. Such authorisation implies compliance with these regulations.
Any filming, sound recording, photography or reproduction, in whole or in part, other than for the strictly private use of the person making the copy, must be authorised in writing by the Tourist Office, which reserves the right to do so.
It is forbidden to bring animals into the rented premises, except in the sole case where they are part of the event and have been expressly authorised in advance by the Tourist Office.
13 – CONDITION OF THE PREMISES / DEROGATION / IMPROVEMENTS
The Taker will take the premises, equipment and materials requested in the condition in which they are at the time of taking possession and will return them, at the agreed time, in the same condition. The inventory of fixtures will be drawn up on the first and last day of the rental period by the Tourist Office and the Taker, this period corresponding to the times at which set-up begins and dismantling ends. Failing this, the equipment may be removed automatically by the Tourist Office, at the expense and risk of the Taker. This removal will be invoiced by the Tourist Office.
In addition, and concerning the provision of the premises for the installation of the fittings and decorations desired by the beneficiary, this may take place with the prior authorisation of the Tourist Office and in the presence of a SSIAP1 security guard (whose remuneration will be paid by the beneficiary).
With regard to the provision of services for a fee, the Taker undertakes to require its own service providers to pack up and remove the equipment they have placed or stored in the enclosure or in the vicinity of the Oustau, as soon as the event is over. Failing this, the equipment may be removed automatically by the Tourist Office, at the expense and risk of the hirer. An invoice will be issued for this removal.
Generally speaking, any work that could damage the building, the esplanade or the rented areas must be expressly authorised in advance by the City.
In particular, it is forbidden to attach signs, banners, hangings, pictures, etc. to the ceilings and walls using nails, hooks or tacks, or to glue these materials to them. The use of gas bottles is prohibited.
In the case of shows or events, the decorations and materials used and the layout of the equipment in the rooms must comply with the safety regulations for establishments open to the public.
Fittings and decorations are carried out under the supervision and at the expense of the Tenant, and must not cause any damage to the premises.
14 – DAMAGE
Any damage noted by the Tourist Office during an event will incur the joint liability of the perpetrator and the Tenant. If the former is not identified, the latter alone shall bear the costs of repairing the damage and shall fully compensate the Tourist Office for any resulting loss.
15 – TERMINATION
The rental contract will be terminated automatically in the event of failure by the Taker to comply with these regulations.
16 – IMAGE RIGHTS
The Taker must request the express prior authorisation of the Tourist Office for any use of the image of the Oustau or the Tourist Office as well as its logo.
17 – FORCE MAJEURE
17-1 Force majeure is understood to mean any event external to the parties which is both unforeseeable and insurmountable and which prevents either the customer, the travellers, the agency or the service providers involved in making the trip, or the performance of one or more services, from performing all or part of the obligations stipulated in the contract. This applies in particular to climatic conditions (bad weather, storms, etc.), hydrological conditions (floods, etc.), the closure of establishments and geographical conditions.
17-2 The occurrence of a case of force majeure suspends the obligations hereunder affected by the latter and exonerates from all liability the party who should have performed the obligation thus affected. The service provider reserves the right to cancel any booking in the event of force majeure and to change the date. If the service provider is obliged to cancel the service before the customer has been able to start the activity, the customer will be offered a postponement of the activity.
18 – PERSONAL DATA
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, otherwise known as the General Data Protection Regulation or GDPR, and Law No. 2018-493 of 20 June 2018 on the protection of personal data, set the legal framework applicable to the processing of personal data. As part of its business of selling Holidays and Tourist Services, the Seller implements and operates processing of personal data relating to Customers and Beneficiaries. In accordance with article 12 of the RGPD, the Office de Tourisme de Cassis has formalised the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document known as the “legal notice”, which can be accessed at the following address: https://www.ot-cassis.com/mentions.html and on request from the Office de Tourisme de Cassis For any other more general information on the protection of personal data, any interested party is invited to consult the CNIL website www.cnil.fr.
Customers have the right to access, modify, rectify and delete data concerning them. To exercise this right, simply contact the Office de Tourisme’s Data Protection Officer: Office de Tourisme de Cassis – DPO – Quai des Moulins 13260 Cassis France. – administration@ot-cassis.com
19 – MISCELLANEOUS CHARGES / COPYRIGHT
The Taker shall pay all taxes and contributions of any kind, fiscal or parafiscal, royalties, social security charges and expenses which it may owe to any person or organisation in connection with its event. It must also comply with the regulations governing literary and artistic property and, in particular, enter into all prior agreements with the organisations concerned and pay all duties and taxes.
Ticketing for events is the responsibility of the Taker.
The Taker must :
– employ staff recruited and paid by the Taker to run the ticket office and check tickets
– pay all the costs inherent in this type of event: printing and sale of tickets, security services relating to the handling and transportation of funds.
20 – JURISDICTION / DISPUTES
Any dispute arising from the execution of these option regulations, the reservation or the contract will be subject to the jurisdiction of the Courts of Marseille.
Only the French text of these documents will be deemed authentic.
