GENERAL TERMS & CONDITIONS MEETINGS & EVENTS. Stockholm Waterfront Congress Centre & Radisson Blu Waterfront Hotel. Page 1 of 5 January 2013
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1 Page 1 of 5 GENERAL TERMS & CONDITIONS MEETINGS & EVENTS Stockholm Waterfront Congress Centre & Radisson Blu Waterfront Hotel I. SCOPE OF APPLICATION 1.1 These Terms & Conditions shall apply to all of the services provided and deliveries made by Rezidor to Client at the Hotel and/or Congress at the occasion of an 1.2 By signing the Contract Client fully consents to these Terms & Conditions, any change of these Terms & Conditions shall only become valid, if Client has been notified thereof prior to the Event and did not promptly notify Rezidor of its objection to the change. 1.3 The Client s standard terms & conditions of business shall not be applicable. II. DEFINITIONS 2.1 Group Group means a group of persons designated by Client to take part in a conference, congress or other event booked by Client. 2.2 Client Client means the legal entity or person who is the contractual partner of Rezidor under a Contract for Meetings and Events services. 2.3 Participant Participant means any individual belonging to a Conference Group. 2.4 Congress Congress means the Stockholm Waterfront Congress Centre. 2.5 Contract Contract means the written document signed by Client and Rezidor concerning the Booking or Reservation of an 2.6 Hotel Hotel means Radisson Blu Waterfront Hotel. 2.7 Event Event means the Client s activity which shall take place at the Congress and/or the Hotel during a period defined by the parties and for a purpose defined by the parties. 2.8 Booking Value / Confirmation Value Booking Value or Confirmation Value is the agreed price for Rezidor s services at Congress and at Hotel during the entire 2.9 Booking/Reservation Booking or Reservation is the Client s confirmation of having accepted Rezidor s proposal for services at Congress and/or at Hotel, which confirmation can be made verbally or in writing, and is subject to Rezidor s written confirmation Rezidor Rezidor is the legal entity responsible for the services at Congress and at Hotel, the Rezidor Hotel & Congress AB, Box 248, Stockholm, Sweden. III. SERVICES, PRICES, PAYMENT 3.1 Rezidor undertakes to perform those services to Client, the Group and the Participants which are the subject of the Should the Client wish special requirements to be observed by Rezidor when providing the agreed services, (such as special diet, rooms for the disabled, pets, particular security arrangements, etc.) it shall inform Rezidor thereof prior to the 3.2 The Client shall be obliged to pay for any chargeable services at Hotel and/or Congress as agreed in the Contract or, failing agreement, at customary price. Should any extra services provided by Rezidor trigger third party charges, these shall fully be borne by Client, such as rental charges or license fees. 3.3 All services are subject to value added tax at the applicable statutory rate. Rezidor shall specify the net price and any applicable statutory VAT rate separately when invoicing the Client, unless agreed otherwise. 3.4 Reservations for price adjustments: If Rezidor s costs for services increase due to introduction or increase of taxes, devaluation, or extra legal or statutory charges after the date of the Contract, Rezidor is entitled to adjust the price with an amount corresponding to the increase in costs. Rezidor shall be entitled to an additional charge on the customary price and/or the agreed prices as per Contract, if the Client changes the scheduled plan for the Event and Rezidor consequently agrees to adapt its plan for servicing the Should a Participant not use the services comprised in the Reservation or rendered to Client at Hotel and/or Congress, no charge reduction applies, unless agreed in writing by Client and Rezidor reasonably prior to the 3.5 Client shall pay in advance according to the contract. 3.6 If it is agreed that Participants shall be individually invoiced and pay for accommodation at the Hotel, the Client guarantees payment for any Participant failing to pay accommodation charges to Rezidor. The Participants consumption which is not covered by the services rendered to Client pursuant to the Contract shall be charged to the Participant. Should a Participant not settle consumption charges, the Client guarantees payment for any Participant failing to pay consumption charges. 3.7 In the event of late payment Rezidor is entitled to claim interest on any unpaid amount at statutory interest rate for late payments, or two percent (2%) per month, whichever rate is higher. 3.8 The Client may only off-set an undisputed claim against any claim of Rezidor. 3.9 Should the Client notify Rezidor of a cancellation after the agreed latest date for charge-free cancellation of the Contract, the Client is obliged to pay Rezidor cancellation fees as set out in Clause 6 of these Terms and Conditions, unless specific cancellation terms have been agreed upon in the Rezidor reserves the right to claim the amount equal to losses and damages incurred by Rezidor as a consequence of the cancellation, subject to reasonable documentary evidence If an agreed advance payment or an advance payment, which is required in accordance with Section 3.5 above is not made, Rezidor is entitled to rescind the Contract, subject to prior written notice to the Client. IV. CLIENT LIABILITIES & EVENT PERFORMANCE 4.1 Use of Premises: The Client shall use the Hotel and Congress with diligent care and shall observe the agreed timeline for occupancy and use of any premises hired for the The Client is obliged to return the premises with all equipment in the same condition as at the beginning of the hiring period apart from ordinary wear and tear and normal cleaning. The Client shall in particular not without Rezidor s prior consent put any nails, screws, hooks, tacks, and similar into floors, walls, stairs, landings at the Hotel and/or Congress. The Client shall be liable for any loss or damage to the Hotel/Congress building or inventory caused by Participants or admitted visitors of the Event, Client s employees, other third parties from its field or by the Client itself. Rezidor may require that the Client provides appropriate security deposits (for example insurance policies, deposits or guarantees). 4.2 Security: Rezidor applies all reasonable efforts to ensure that the Participants safety and security is protected. However, Rezidor shall not be liable for bodily injury or property damage of the Client, of any Participant or a third party, except in case of Rezidor s proven gross negligence and/or pursuant to statutory law. If due to the nature of the Event there is a requirement for the Hotel/Congress to appoint external support personnel (such as first aid or security or fire guard etc.) the cost shall be borne by the Client.
2 Page 2 of Rezidor shall be entitled to terminate the Contract with immediate effect, subject to prior written notice to Client, if any of the following circumstances occur: The defined purpose of the Event was based on misleading or inaccurate information, or Rezidor has been mislead about the identity of the Client s representatives and or the Participants; The Event jeopardizes the security at the Hotel and/or Congress; The Client unlawfully sub-lets any rented premises or transfers any rights as described in the Contract to a third party. The Client shall pay to Rezidor upon receipt of a written statement a compensation for losses and damage incurred as a consequence of such termination. 4.4 Food & Beverage: The Client shall not be entitled to serve its own food and beverages at the Event, unless agreed in advance and only to the extent described in the Rezidor shall be entitled to charge a fee as a contribution to its general operating costs, if it allows the Client to serve its own food and/or beverages at the 4.5 Technical Equipment: If Rezidor procures at Clients request technical and other equipment from third parties, it shall be acting on behalf of, as the agent of and on account of the Client. The Client shall be liable for the proper handling and orderly return of such equipment. It shall indemnify Rezidor against all claims brought by third parties as a result of the provision of such equipment. Client may use its own electrical equipment when connected to the power supply of the Hotel/Congress only subject to Rezidor s prior consent and shall be liable for breakdowns or power shortages caused by the use of its devices. Electricity costs may be charged to Client at a flat fee. The Client shall, if use of Rezidor s technical or other equipment is agreed in the Contract, apply all reasonable efforts to avoid any damage to such technical and other equipment. If Rezidor s suitable technical and other equipment is not used by Client due to the Client s preference to use its own equipment, this shall not affect the Booking value. 4.6 Audio and video performances, musical shows, speakers, artists The Client shall procure that any audio or video performances (i.e. broadcasting of music, showing of videos) as well as keynote speakers and artists presentations are made only in accordance with all applicable requirements for notification and/or fee payment to the authorised body controlling author s rights, as the case may be. Should the participation of performing artists in the Event give rise to an obligation to make a contribution to an artists social security fund, to the audio rights licensing authority Stim (Svenska tonsättares internationella musikbyrå) or any comparable organisation, the Client shall bear such cost. 4.7 Decorative Materials Rezidor has the right to approve of any decorative materials which the Client intends to use at the Hotel/Congress during the Decorative materials, which Client brings into the Hotel/Congress must comply with fire protection legislation. Rezidor may demand official confirmation of this. Should the Client fail to provide such confirmation, Rezidor may remove such materials and have them stored at the expense of the Client. The Client shall organise and procure for removal of any display or decorative materials immediately after the Should the Client fail to do so, Rezidor may remove such items from the Hotel/Congress and have them stored at the expense of the Client. V. EVENT MODIFICATIONS 5.1 Based on confirmed amount of delegates an increase with ten percent (10%) can be made as per below; Up to 50 persons: 2 workdays before the Up to 250 persons: 3 workdays before the Up to 500 persons: 5 workdays before the More than 500 persons: 6 workdays before the For invoicing the Client Rezidor calculates in accordance with the final number of Participants, the actual number of Participants shall be used only in the event of an increase in the number of Participants compared to the notified final and contractually agreed number of Participants. 5.2 If the start time or end time of the Event changes, the Client shall notify Rezidor reasonably in advance and inform about the new time schedule. Rezidor undertakes to make reasonable efforts to accommodate the Client s new timing, unless Rezidor does not consent to the new timing. Rezidor is entitled to charge the Client remuneration and costs related to any additional workload or expenses due to such modification. VI. EXCLUSION OF LIABILITIES 6.1 Rezidor is responsible for all services provided at Hotel and/or Congress and instructs its representatives and employees to act in full compliance with the applicable laws and reasonable diligence. 6.2 Rezidor does not warrant for Client s and/or Participant s property kept at the Hotel/Congress s premises and excludes any strict liability for items in its custody and care. Rezidor shall not pay any compensation of loss of property or property damage, unless the Client and/or Participant evidences that the loss or damage was caused by gross negligence or intentional act or omission which is directly attributable to Rezidor. 6.3 The Client shall inform Rezidor, if any Participant or the Client wishes to store any valuables or other items in the Hotel/Congress s safe, store room or luggage room. The Hotel has no obligation to take any valuables or items into its custody of care, but will apply the same level of care as with own valuables and items, if it accepts storage of any of Client s and Participant s valuables and items. Rezidor is entitled to restrict its maximum liability for any stored item. 6.4 To the extent that parking space is made available to the Client in the garage or in a car park of the Hotel/Congress, this shall not constitute Rezidor s commitment of taking any vehicle into its custody and care. Rezidor shall only be liable in the event of intentional damage or damage caused by gross negligence which is directly attributable to Rezidor. VII. CANCELLATION & NO SHOWS 7.1 Cancellation: The Client may cancel the Event and terminate the Contract without any charges, if it notifies Rezidor prior to the latest date for charge-free cancellation agreed in the Contract, thereafter cancellation and/or termination is subject to payment of a cancellation fee. The cancellation fee shall be calculated separately for the services of Congress and for services of Hotel as further described in Schedule 1 to these Terms and Conditions. Rezidor shall confirm to Client in writing the receipt of Client s cancellation notice. 7.2 No Shows & Early Departure: Should the Client, without prior notice to Rezidor, not show up at the Hotel and/or Congress on the start date of the Event, the Client shall be obliged to pay the Booking value to Rezidor without any deductions. If a Participant does not arrive or departs earlier than according to the Contract, Rezidor shall be entitled to charge the full amount payable for such Participant s participation in the Event, or, in case prior written notice of cancellation has been given to Rezidor, the pro-rated amount of cancellation fees for services at the Hotel and services at the Congress, attributable to such Participant.
3 Page 3 of 5 VIII. HOTEL ACCOMODATION 8.1 Name list/ rooming list The Client shall submit to Rezidor a rooming list with the names of the Participants, at the latest 10 days prior to the first arrival date. Rezidor shall be entitled to claim a surcharge if the Client s delayed provision of the rooming list causes additional expenses for Rezidor. 8.2 Unless Rezidor has confirmed the allocation of specific rooms, the Client shall not have the right to be allocated specific guest rooms in the Hotel for Participants. The Participants shall have checked-in on the date of arrival by 6.00 p.m. After this time Rezidor does not guarantee the availability of the guest room, unless the Participant has previously agreed late arrival with Hotel and then only if payment is guaranteed. On the departure date the rooms must be vacated and made available to the Hotel by a.m. (noon) at the latest. The Participant and Client shall be obliged to pay an amount equal to the day rate for additional use until 6.00 p.m., after 6.00 p.m. it may invoice 100% of the full standard rate Notices Any notice to be given by a party shall be deemed to have been duly given if sent by fax to the attention of such persons as the parties have set out in the 10.7 Governing Law The Contract and these General Terms and Conditions are governed by and construed under the laws of Sweden as in force and applied from time to time. IX. TRANSFER The Client may not without Rezidor s prior written consent transfer the Contract to any third party (including any professional conference organizer, conference agent, travel agent, event agent etc.). The third party must be notified by the Client that all prices in the Contract are net and are subject to renegotiation if the third party claims commissionable rates. The Client must advise Rezidor in writing who the third party is. X. GENERAL PROVISIONS 10.1 Suspension of Obligations Force Majeure The Client and Rezidor shall not be liable and shall not be considered as having failed to meet its obligations because of a failure to perform all or any part of them, such as they are stipulated in the Contract, if such default is due to an occurrence of Force Majeure. Force Majeure shall mean any causes beyond the reasonable control of a party including but not limited to embargoes, unavailability of basic raw materials, unavailability of power, water or other services necessary to operate the facilities of the Hotel and/or Congress, war or acts of war (whether officially declared or not), sabotage, social unrest, civil or political disturbance, revolution, strikes, lockouts, slow-downs, expropriation, eminent domain, condemnation, compulsory acquisition or similar proceedings, and other similar events affecting the activities of either party, to the extent that such cause or causes would make it impossible or possible only at unreasonable costs, for either party to carry out in whole or in part its obligations under the 10.2 Disputes In case of any controversy, claim or dispute arising out of or relating to the Event or a breach of the Contract, Client and Rezidor shall meet and make their best efforts to find an amicable settlement. Failing agreement, the matter shall be settled by the competent courts in Stockholm, Sweden Governing Language The Contract has been negotiated in the English language, which shall be the language governing all interpretations of the 10.4 Supplementary Agreement All supplemental agreements to the Contract shall be made in writing and shall be signed by both parties Severability If at any time any provision of these General Terms and Conditions or of the Contract is or becomes invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of these General Terms and Conditions and of the Contract shall not in any way be affected or impaired thereby. Any invalid, illegal or unenforceable provision shall be replaced by valid, legal and enforceable provisions which achieve, to the extent possible, the economic and other purposes of the invalid, illegal or unenforceable provision.
4 Page 4 of 5 CANCELLATION TERMS Schedule 1 to General Terms & Conditions for Event Bookings at the Stockholm Waterfront Congress Centre and Radisson Blu Hotel I. Hotel - Groups Cancellation Policy II. Congress Centre Cancellation Policy Bookings up to 100 room nights: Up to three (3) months prior to the arrival date room Reservations of the entire group or part of the group can be cancelled at no charge. than three (3) months prior to the arrival date exceeding fifty percent (50%) of the latest than two (2) months prior to the arrival date exceeding thirty percent (30%) of the latest than one (1) month prior to the arrival date exceeding twenty percent (20%) of the latest If the entire group or part of the group is cancelled later than three (3) days prior to the arrival date hundred percent (100%) of the cancelled value is charged. Bookings of more than 100 room nights: Up to six (6) months prior to the arrival date room Reservations of the entire group or part of the group can be cancelled at no charge. than six (6) months prior to the arrival date exceeding fifty percent (50%) of the latest than four (4) months prior to the arrival date exceeding thirty percent (30%) of the latest than two (2) months prior to the arrival date exceeding ten percent (10%) of the latest than one (1) month prior to the arrival date exceeding five percent (5%) of the latest confirmed value are charged at seventy five percent (75%) of the cancellation value. If the entire group or part of the group is cancelled later than fourteen (14) days prior to the arrival date hundred percent (100%) of the cancelled value is charged. Depending on the size and number of the meeting rooms hired, one of the following cancellation policies applies: Category 1: The cancellation policy Category 1 applies to meeting and conference rooms located on level 2 and level 3 of the Congress Centre, if up to a total of four (4) conference rooms per day are hired: Cancellation under Category 1 at no charge is possible up until thirty (30) days prior to the arrival date, subject to the Congress Centre being notified in writing no later than 4.00 p.m. on the day of the last timely cancellation. A cancellation of all or part of the meeting and conference rooms Reservation at any time after thirty (30) days prior to the arrival date shall be charged at one hundred percent (100%) of the latest Confirmation Value of the reservation. Category 2 Cancellation policy Category 2 applies to meeting and conference rooms located on level 2 and level 3 of the Congress Centre, if more than a total of four (4) conference rooms per day are hired. Category 2 also applies, if any of the following facilities are included in the hired space: the balcony on level 5, foyer areas on any level, the bar/service areas on level 4 and 5. Cancellation under Category 2 at no charge is possible up until sixty (60) days prior to the arrival date, subject to the Congress Centre being notified in writing no later than 4.00 p.m. on the day of the last timely cancellation. A cancellation of all or part of the meeting and conference rooms Reservation at any time after sixty (60) days prior to the arrival date shall be charged at one hundred percent (100%) of the latest Confirmation Value of the reservation. Category 3 Cancellation policy Category 3 applies if the hired space includes the Conference Hall (entire or in parts) on level 2 or if solely the Congress Hall is hired (sections A2 and A4 if used solely). Cancellation under Category 3 at no charge is not possible. Subject to the Congress Centre being notified in writing no later than 4.00 p.m. on the day of the last timely cancellation, the following charges apply: Cancellation of all or part of the hired meeting and conference rooms and/or related facilities a) up until and including one hundred and eighty (180) days prior to the arrival date shall be charged at ten percent (10%) of the latest b) after one hundred and eighty (180) days and up until one hundred and twenty (120) days prior to the arrival date shall be charged at fifty percent (50%) of the latest Confirmation Value of the Reservation. c) After one hundred and twenty (120) days and up until sixty (60) days prior to the arrival date shall be charged at seventy five percent (75%) of the latest Confirmation Value of the Reservation. d) After sixty (60) days and up until thirty (30) days prior to the arrival date shall be charged at ninety percent (90%) of the latest e) After thirty (30) days prior to the arrival date shall be charged at one hundred percent (100%) of the latest
5 Page 5 of 5 Category 4 Cancellation policy Category 4 applies, if the hired space includes the Congress Hall and/or the Multipurpose Area 1 on level 4, excluding however sections A2 and A4 of the Congress Hall (if used solely). Cancellation under Category 4 at no charge is not possible. Subject to the Congress Centre being notified in writing no later than 4.00 p.m. on the day of the last timely cancellation, the following charges apply: Cancellation of all or part of the hired meeting and conference rooms and/or related facilities a) up until and including three hundred and sixty five (365) days prior to the arrival date shall be charged at ten percent (10%) of the latest b) After three hundred and sixty five (365) days and up until one hundred and eighty (180) days prior to the arrival date shall be charged at twenty five percent (25%) of the latest c) After one hundred and eighty (180) days and up until one hundred and twenty (120) days prior to the arrival date shall be charged at fifty percent (50%) of the latest Confirmation Value of the Reservation. d) After hundred and twenty (120) days and up until sixty (60) days prior to the arrival date shall be charged at seventy five percent (75%) of the latest Confirmation Value of the Reservation. e) After sixty (60) days and up until thirty (30) days prior to the arrival date shall be charged at ninety percent (90%) of the latest f) After thirty (30) days prior to the arrival date shall be charged at one hundred percent (100%) of the latest In the event the number of Participants is reduced, the cancellation policies remain unchanged. III. Congress Centre Decreasing amount of persons Based on confirmed amount of delegates a free cancellation can be done as per below: Up to 50 persons: 2 workdays before the beginning of the Event with ten percent (10%). Up to 250 persons: 3 workdays before the with ten percent (10%). Up to 500 persons: 5 workdays before the with ten percent (10%). More than 500 persons: 10 workdays before the with five percent (5%).
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