General Terms & Conditions (GTCs)
These General Terms & Conditions (GTC) govern the legal relationships between you (hereinafter “Organizer”) and Pathé Suisse SA (hereinafter “Pathé”) and are an integral component of your event. Special written and mutually acknowledged provisions in the agreement between the Organizer and Pathé take precedence over these GTC. If there are no objections against these GTC, the provisions contained therein shall be deemed to have been expressly accepted by the Organizer and will thereby become a component of the contract.
The contract is concluded upon written acceptance (including by email) of the quotation provided by Pathé. The GTC will be effective from that point on. These GTC also apply automatically without notice to all future events that are to be held together with the Organizer, unless agreed otherwise in writing for such events.
1. Subject matter of the contract
Pathé undertakes to provide the required service pursuant to the specification or contract and/or the order confirmation. Any extra costs for additional services shall be borne by the Organizer.
2. Quotation and acceptance
The quoted prices are valid for two weeks. The quotation is subject to availabilities, unless stated otherwise.
All services and dates are also subject to availabilities and capacities. Unless agreed otherwise, a provisional reservation must be accepted within 20 working days. After the acceptance period has lapsed without a definitive booking, the Organizer will no longer be entitled to the services.
3. Booking process
Events can only be booked in writing by the Organizer. The contract between the Organizer and Pathé shall come into effect upon ordering the services, i.e. acceptance of the quotation; acceptance of the order by email is also legally binding.
The prices are specified in the quotation. The quoted prices are net prices and subject to sales tax at the rate that applies at the time.
4.1. Price increases;
Pathé may increase the agreed prices retroactively in the following exceptional cases:
4.1.1. Retroactive increases to the price of individual services.
4.1.2. Newly introduced or increased statutory taxes/duties (e.g. sales tax).
4.1.3. Exchange rate changes.
Pathé will inform the Organizer of the price increase at least 20 working days before the start of the event. If the price increase amounts to more than 10%, the Organizer has the rights described under item 8.3. Pathé is entitled to charge the Organizer for any proven costs that have been incurred.
5. Payment terms
5.1. For an order volume of up to CHF 20,000.00, Pathé offers the Organizer payment terms of 10 days from the invoice date.
5.2. If the order volume amounts to more than CHF 20,000.00, Pathé will request a down payment amounting to 50% of the total amount quoted. Pathé expressly reserves the right to change these payment terms.
5.3. If Pathé does not receive the down payment in time, it may refuse to provide the services and will be entitled to withdraw from the contract. In such a case, the Organizer will be charged a cancellation fee in accordance with items 7 and 8 of these GTC. Invoices issued by Pathé must be paid promptly upon receipt and without deductions (unless a discount has been expressly agreed in writing).
5.4. If there are delays in providing the services, Pathé is entitled to issue a partial invoice and demand immediate payment for the services that have already been provided.
5.5. If, after conclusion of the contract, Pathé becomes aware that the Organizer may not be able to meet its payment obligations or is in poor financial health, Pathé is entitled to immediately invoice and request payment for the provided services and to make the continued provision of the services dependent on adequate payment guarantees being provided by the Organizer or to withdraw from the contract.
5.6. The Organizer will be deemed to have met its payment obligations when the amounts have been received by Pathé or have been definitively credited to an account specified by Pathé. Pathé is not obliged to accept checks or bills of exchange. If checks or bills of exchange are issued, the discount will be calculated on the basis of the applicable bank rate.
5.7. The Organizer is not entitled to withhold or offset payments as a result of warranty or other claims.
5.8. If the Organizer falls into arrears with payments, it is obliged to pay late-payment interest from the due date amounting to 10% p.a. as well as all reminder and collection fees; this shall not affect the right to assert further claims for damages for late payment.
5.9. In the event of payment default or dishonored checks and bills of exchange, all outstanding receivables will be payable immediately. In such a case, any deferred payments shall also become due. In the event of payment default or cessation, any discounts, deductions, etc., shall become void.
6. Total cancellation by the Organizer
The total cancellation of the contract must be made in writing by the Organizer. In such a case, all documents that have already been received (detailed program/confirmation, vouchers, tickets, etc.) must be returned. The cancellation of the Organizer’s contract will only become legally valid once all of the aforementioned documents have been received. Receipt of the Organizer’s written notice by Pathé during normal business hours shall be decisive for determining whether the cancellation date has been adhered to. On Saturdays, Sundays, and public holidays, the next working day is decisive. In the case of total cancellation by the Organizer, Pathé will charge the following cancellation fees:
6.1. More than five weeks before the event date: free cancellation.
6.2. More than four weeks before the event date: 20% of the agreed total price.
6.3. More than two weeks but less than four weeks before the event date: 50% of the agreed total price.
6.4. Less than two weeks before the event date: 70% of the agreed total price.
6.5. Less than three days before the event date: 100% of the agreed total price.
The cancellation fees are calculated as a percentage of the current total order volume at the point in time directly before the total cancellation.
7. Changes by the Organizer (number of participants or event program)
The Organizer must inform Pathé in writing of any changes required (e.g. to the number of participants or the event program). Pathé will then confirm the changes in writing. When determining whether the change date has been adhered to, receipt of the Organizer’s written notice by Pathé during normal business hours shall be decisive.
7.1. Changes to the number of participants: the first change to the number of participants is free of charge if made up to 15 days before the event, provided that the new number of participants does not deviate from the originally confirmed number by more than 10%. No refunds will be provided for changes made to the number of participants within three working days before the event. Pathé must be informed of the exact number of participants 48 hours before the start of the event at the latest. If catering is being provided for the event, the exact number of participants must be confirmed at least 72 hours before the event.
7.2. Omissions, late arrival, no-show or premature discontinuation of the event if the Organizer is at fault: in these cases, the Organizer must pay any additional costs that are incurred (as well as the cancellation fees pursuant to item 6). The Organizer will not be entitled to a refund.
7.3 The event room must be returned in full working order at the agreed time, otherwise Pathé will be entitled to charge the Organizer for loss of sales.
8. Program changes by the Organizer
8.1. Before conclusion of the contract Pathé expressly reserves the right to change the project details, service descriptions, and prices before confirming its quotation.
8.2. After conclusion of the contract Pathé reserves the right to change the event program or individually agreed services if necessitated by unforeseeable or unavoidable circumstances (see 8.5). Pathé will endeavor to offer the Organizer equivalent alternative services and will inform the Organizer of any such changes as quickly as possible.
8.3. Organizer’s rights if the contract is changed after being concluded
If a change to the event program or to agreed individual services changes an essential contractual item to a considerable extent or if the price increase amounts to more than 10 percent of the quoted total price, the Organizer has the following rights:
a) It may accept the change to the contract.
b) It may withdraw from the contract in writing within five working days of receiving Pathé’s notice, whereby item 6 shall not apply.
c) Pathé will endeavor to provide an equivalent replacement service if possible. If the Organizer fails to inform Pathé within the aforementioned period, the change shall be deemed to have been accepted by the Organizer.
8.4. Organizer’s rights in the event of program changes or unperformed services during the event
If a program change during the event affects the agreed services to a considerable extent, Pathé will reimburse the Organizer for the difference between the agreed and actual price of the provided services.
8.5. Unforeseeable or non-avoidable circumstances
Technical problems, availability of the movie, force majeure, weather and natural phenomena, official measures, safety risks, inadequacies, subcontractors, fire, power failure.
9. Cancellation by Pathé
9.1. Pathé is entitled to cancel the event on justified grounds due to certain acts or omissions on the part of the Organizer. No claims for damages may be asserted in such a case.
9.2. Strikes, force majeure
If the event or parts thereof are jeopardized or made impossible due to force majeure, the weather, natural phenomena, official measures or safety risks, the Organizer may cancel or prematurely discontinue the event or parts thereof, including at short notice. In this case, Pathé will respond as quickly as possible and endeavor to offer an adequate alternative service where possible. The Organizer may not assert any further claims in this respect. If the program is canceled, Pathé may charge the Organizer for any proven costs that have been incurred.
9.3. Pathé reserves the right to prohibit religious, political and sexual content.
Pathé will reimburse the Organizer for services that were agreed but not performed if Pathé was unable to provide an equivalent alternative service.
10.1. Property damage and pecuniary loss
Pathé’s liability for property damage and pecuniary loss is limited to the event price, unless the damage or loss was caused intentionally or through gross misconduct. Pathéassumes no liability for valuables.
10.2. Personal injury
For personal injury arising from non-fulfillment or inadequate fulfillment of the contract, Pathé will be liable within the scope of the legal provisions. If the injury was caused by other service providers, Pathé reserves the exclusive right of recourse.
11. Exclusion of liability
Pathé assumes no liability in the following cases:
a. Slight negligence on the part of Pathé and its personnel.
b. Services provided by third parties: Pathé is entitled to use the services of third parties to provide its own services in an optimum way. The Organizer’s consent to this will automatically be assumed. Pathé assumes no liability for the acts or omissions of third parties.
c. For omissions of the Organizer before or during the event.
d. For unforeseeable or non-avoidable omissions of a fourth party that is not involved in the provision of a contractually agreed service.
e. If no technical check is being performed, Pathé assumes no liability for problems during presentations or screenings.
f. In the case of force majeure or an event that Pathé, an intermediary (event agency, etc.) or a service provider was unable to foresee or avoid despite exercising due care.
12. Other contractors (catering, technology, event equipment, etc.)
All services for the Organizer will generally be provided by Pathé itself. In special cases, Pathé may act as an intermediary. By submitting an order, the Organizer authorizes Pathé to conclude the required contracts. Pathé is entitled to charge a handling fee for managing such services.
Pathé is also entitled to have all services performed by subcontractors. These will serve the sole purpose of fulfilling the obligations of Pathé toward the Organizer; thus, Pathé is not obliged to provide details of the corresponding contractual relationships.
All food and drink must be obtained from Pathé or its contracted catering partner. In special cases, a separate written agreement may be concluded for this aspect, subject to a service charge/corkage fee.
13. Structural & fire safety requirements
a. Structural changes to the used areas, rooms and halls, as well as to facilities and technical installations, must be expressly agreed in writing by Pathé beforehand. Where necessary, measures must be approved in advance by the relevant authorities.
b. Carpets, curtains and other decorative items must comply with fire safety regulations.
c. Pyrotechnics, pyrotechnic shows, live cooking and open fires (including candles) are strictly prohibited.
d. Smoking is not permitted anywhere inside Pathé cinemas.
a. Pathé will remain the owner of the hired premises. Advertising and decorations may only be displayed in agreement and consultation with Pathé.
b. The Organizer is responsible for taking out insurance. The Organizer is also liable for any damage to the used premises.
15. Event advertising
Newspaper ads, fliers, posters, social media activities, etc., that make reference to the event at Pathé must be approved in writing beforehand by Pathé. If any of these are published without consent and the essential interests of Pathé are harmed as a result, Pathé will be entitled to cancel the event. In such a case, the costs under item 9 that are owed at the time of the written cancellation will be payable, plus any compensation that may be due.
16. Waste disposal
The Organizer can have cardboard and paper disposed of on the premises after the event. Pathé reserves the right to charge a waste disposal fee for larger volumes.
17. Severability clause
Should individual provisions of these GTC become fully or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the applicable legal provisions shall apply in place of the invalid or missing provisions.
18. Applicable law and place of jurisdiction
The legal relationships between Pathé and the Organizer are subject to Swiss law. Zurich is agreed upon as the place of jurisdiction for legal action against Pathé.