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These General Terms & Conditions (GTC) govern the legal relationships between you (hereinafter \u201cOrganizer\u201d) and Path\u00e9 Suisse SA (hereinafter \u201cPath\u00e9\u201d) and are an integral component of your event. Special written and mutually acknowledged provisions in the agreement between the Organizer and Path\u00e9 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.\u00a0<\/span><\/p>\n The contract is concluded upon written acceptance (including by email) of the quotation provided by Path\u00e9. 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.<\/p>\n 1. Subject matter of the contract<\/b> 2. Quotation and acceptance<\/b> 3. Booking process<\/b> 4. Prices<\/b> 4.1.<\/b> Price increases; 5. Payment terms<\/b><\/p>\n 5.1. <\/span><\/b>For an order volume of up to <\/b>CHF 20,000.00, Path\u00e9 offers the Organizer payment terms of\u00a0<\/span>10 days from the invoice date. 6. Total cancellation by the Organizer<\/b> 6.1. <\/span><\/b>More than five weeks before the event date: free cancellation. The cancellation fees are calculated as a percentage of the current total order volume at the point in time directly before the total cancellation.<\/p>\n 7. Changes by the Organizer (number of participants or event program)<\/b> 7.1.<\/b> <\/span>Changes to the number of participants: the first change to the number of participants is\u00a0<\/span>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. Path\u00e9 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. 8. Program changes by the Organizer<\/b><\/p>\n 8.1.<\/b> <\/span>Before conclusion of the contract\u00a0<\/span>Path\u00e9 expressly reserves the right to change the project details, service descriptions,\u00a0<\/span>and prices before confirming its quotation. 9. Cancellation by Path\u00e9<\/b><\/p>\n 9.1. <\/span><\/b>Path\u00e9 is entitled to cancel the event on justified grounds due to certain acts or\u00a0<\/span>omissions on the part of the Organizer. No claims for damages may be asserted in\u00a0<\/span>such a case. 10. Liability<\/b> 10.1.<\/b> <\/span>Property damage and pecuniary loss\u00a0 11. Exclusion of liability<\/b> 12. Other contractors (catering, technology, event equipment, etc.)<\/b> All food and drink must be obtained from Path\u00e9 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.<\/p>\n 13. Structural & fire safety requirements 14. Miscellaneous 15. Event advertising 16. Waste disposal 17. Severability clause<\/b> [\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=”4.6.6″ _module_preset=”default” positioning=”absolute” position_origin_a=”bottom_left” horizontal_offset=”15%” custom_padding=”0px||0px||false|false”][et_pb_column type=”4_4″ _builder_version=”4.6.6″ _module_preset=”default”][et_pb_image src=”https:\/\/pathebusiness.ch\/wp-content\/uploads\/2020\/11\/Charlie-Footer.svg” title_text=”Charlie-Footer” _builder_version=”4.6.6″ _module_preset=”default” positioning=”relative” position_origin_r=”bottom_left” max_width=”150px”][\/et_pb_image][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" General Terms & Conditions (GTCs)These General Terms & Conditions (GTC) govern the legal relationships between you (hereinafter \u201cOrganizer\u201d) and Path\u00e9 Suisse SA (hereinafter \u201cPath\u00e9\u201d) and are an integral component of your event. Special written and mutually acknowledged provisions in the agreement between the Organizer and Path\u00e9 take precedence over these GTC. If there are no […]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"dipi_cpt_category":[],"class_list":["post-1494","page","type-page","status-publish","hentry"],"yoast_head":"\n
Path\u00e9 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.<\/p>\n
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.<\/p>\n
Events can only be booked in writing by the Organizer. The contract between the Organizer and Path\u00e9 shall come into effect upon ordering the services, i.e. acceptance of the quotation; acceptance of the order by email is also legally binding.<\/p>\n
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.<\/p>\n
Path\u00e9 may increase the agreed prices retroactively in the following exceptional cases:
4.1.1.<\/b> <\/span>Retroactive increases to the price of individual services.
4.1.2.<\/b> Newly introduced or increased statutory taxes\/duties (e.g. sales tax).
4.1.3.<\/b> Exchange rate changes.
Path\u00e9 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. Path\u00e9 is entitled to charge the Organizer for any proven costs that have been incurred.<\/p>\n
5.2.<\/b> <\/span>If the order volume amounts to more than CHF 20,000.00, Path\u00e9 will request a down\u00a0<\/span>payment amounting to 50% of the total amount quoted. Path\u00e9 expressly reserves the\u00a0<\/span>right to change these payment terms.
5.3.<\/b> <\/span>If Path\u00e9 does not receive the down payment in time, it may refuse to provide the services\u00a0<\/span>and will be entitled to withdraw from the contract. In such a case, the Organizer will be\u00a0<\/span>charged a cancellation fee in accordance with items 7 and 8 of these GTC.\u00a0 <\/span>Invoices issued\u00a0<\/span>by Path\u00e9 must be paid promptly upon receipt and without deductions (unless a discount\u00a0<\/span>has been expressly agreed in writing).
5.4.<\/b> <\/span>If there are delays in providing the services, Path\u00e9 is entitled to issue a partial invoice and\u00a0<\/span>demand immediate payment for the services that have already been provided.
5.5.<\/b> <\/span>If, after conclusion of the contract, Path\u00e9 becomes aware that the Organizer may not be\u00a0<\/span>able to meet its payment obligations or is in poor financial health, Path\u00e9 is entitled to\u00a0<\/span><\/span>immediately invoice and request payment for the provided services and to make the\u00a0<\/span><\/span>continued provision of the services dependent on adequate payment guarantees being\u00a0<\/span>provided by the Organizer or to withdraw from the contract.
5.6.<\/b> <\/span>The Organizer will be deemed to have met its payment obligations when the amounts have\u00a0<\/span>been received by Path\u00e9 or have been definitively credited to an account specified by Path\u00e9.\u00a0<\/span>Path\u00e9 is not obliged to accept checks or bills of exchange. If checks or bills of exchange are\u00a0<\/span>issued, the discount will be calculated on the basis of the applicable bank rate.
5.7. <\/span><\/b>The Organizer is not entitled to withhold or offset payments as a result of warranty or\u00a0<\/span>other claims.
5.8.<\/b> <\/span>If the Organizer falls into arrears with payments, it is obliged\u00a0<\/span>to pay late-payment interest from the due date amounting to 10% p.a.\u00a0<\/span>as well as all reminder and collection fees; this shall not affect the right to assert further\u00a0<\/span>claims for damages for late payment.
5.9.<\/b> <\/span>In the event of payment default or dishonored checks and bills of exchange, all outstanding\u00a0<\/span>receivables will be payable immediately. In such a case, any deferred payments shall also\u00a0<\/span>become due. In the event of payment default or cessation, any discounts, deductions, etc.,\u00a0<\/span>shall become void.<\/p>\n
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\u2019s contract will only become legally valid once all of the aforementioned documents have been received. Receipt of the Organizer\u2019s written notice by Path\u00e9 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, Path\u00e9 will charge the following cancellation fees:<\/p>\n
6.2. <\/span><\/b>More than four weeks before the event date: 20% of the agreed total price.
6.3.<\/b> <\/span>More than two weeks but less than four weeks before the event date: 50% of the agreed\u00a0<\/span>total price.
6.4. <\/span><\/b>Less than two weeks before the event date: 70% of the agreed total price.\u00a0
<\/span>6.5.<\/b> <\/span>Less than three days before the event date: 100% of the agreed total price.<\/p>\n
The Organizer must inform Path\u00e9 in writing of any changes required (e.g. to the number of participants or the event program). Path\u00e9 will then confirm the changes in writing. When determining whether the change date has been adhered to, receipt of the Organizer\u2019s written notice by Path\u00e9 during normal business hours shall be decisive.<\/p>\n
7.2.<\/b> <\/span>Omissions, late arrival, no-show or premature discontinuation of the event if the Organizer\u00a0<\/span>is at fault: in these cases, the Organizer must pay any additional costs that are incurred (as\u00a0<\/span>well as the cancellation fees pursuant to item 6). The Organizer will not be entitled to a\u00a0<\/span>refund.
7.3<\/b> <\/span>The event room must be returned in full working order at the agreed time, otherwise Path\u00e9 will be entitled to charge the Organizer for loss of sales.<\/p>\n
8.2.<\/b> <\/span>After conclusion of the contract\u00a0<\/span>Path\u00e9 reserves the right to change the event program or individually agreed services\u00a0<\/span>if necessitated by unforeseeable or unavoidable circumstances (see 8.5). Path\u00e9 will\u00a0<\/span>endeavor to offer the Organizer equivalent alternative services and will inform the\u00a0<\/span>Organizer of any such changes as quickly as possible.
8.3.<\/b> <\/span>Organizer\u2019s rights if the contract is changed after being concluded\u00a0
<\/span>If a change to the event program or to agreed individual services changes an essential\u00a0<\/span>contractual item to a considerable extent or if the price increase amounts to more than 10\u00a0<\/span>percent of the quoted total price, the Organizer has the following rights:
<\/span>a) It may accept the change to the contract.
<\/span>b) It may withdraw from the contract in writing within five working days of receiving\u00a0<\/span>Path\u00e9\u2019s notice, whereby item 6 shall not apply.
c) Path\u00e9 will endeavor to provide an equivalent replacement service if possible. If the\u00a0<\/span>Organizer fails to inform Path\u00e9 within the aforementioned period, the change shall be\u00a0<\/span>deemed to have been accepted by the Organizer.
8.4. <\/span><\/b>Organizer\u2019s 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,\u00a0<\/span>Path\u00e9 will reimburse the Organizer for the difference between the agreed and actual price\u00a0<\/span>of the provided services.
8.5. <\/span><\/b>Unforeseeable or non-avoidable circumstances
Technical problems, availability of the movie, force majeure, weather and natural\u00a0<\/span>phenomena, official measures, safety risks, inadequacies, subcontractors, fire, power\u00a0<\/span>failure.<\/p>\n
9.2.<\/b> <\/span>Strikes, force majeure\u00a0
<\/span>If the event or parts thereof are jeopardized or made impossible due to force majeure, the\u00a0<\/span>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, Path\u00e9 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, Path\u00e9 may charge the Organizer for any proven costs that have been incurred.
9.3.<\/b> <\/span>Path\u00e9 reserves the right to prohibit religious, political and sexual content.<\/p>\n
Path\u00e9 will reimburse the Organizer for services that were agreed but not performed if Path\u00e9 was unable to provide an equivalent alternative service.<\/p>\n
<\/span>Path\u00e9\u2019s liability for property damage and pecuniary loss is limited to the event price, unless\u00a0<\/span>the damage or loss was caused intentionally or through gross misconduct. Path\u00e9assumes\u00a0<\/span>no liability for valuables.
10.2.<\/b> <\/span>Personal injury\u00a0
<\/span>For personal injury arising from non-fulfillment or inadequate fulfillment of the contract,\u00a0<\/span>Path\u00e9 will be liable within the scope of the legal provisions. If the injury was caused by\u00a0<\/span>other service providers, Path\u00e9 reserves the exclusive right of recourse.<\/p>\n
Path\u00e9 assumes no liability in the following cases:
a. Slight negligence on the part of Path\u00e9 and its personnel.
b. Services provided by third parties: Path\u00e9 is entitled to use the services of\u00a0<\/span>third parties to provide its own services in an optimum way. The Organizer\u2019s consent to this\u00a0<\/span>will automatically be assumed. Path\u00e9 assumes no liability for the acts or omissions of third\u00a0<\/span>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\u00a0<\/span>provision of a contractually agreed service.
e. If no technical check is being performed, Path\u00e9 assumes no liability for problems during presentations or screenings.
f. In the case of force majeure or an event that Path\u00e9, an intermediary (event agency, etc.) or a\u00a0<\/span>service provider was unable to foresee or avoid despite exercising due care.\u00a0<\/span><\/p>\n
All services for the Organizer will generally be provided by Path\u00e9 itself. In special cases, Path\u00e9 may act as an intermediary. By submitting an order, the Organizer authorizes Path\u00e9 to conclude the required contracts. Path\u00e9 is entitled to charge a handling fee for managing such services.
Path\u00e9 is also entitled to have all services performed by subcontractors. These will serve the sole purpose of fulfilling the obligations of Path\u00e9 toward the Organizer; thus, Path\u00e9 is not obliged to provide details of the corresponding contractual relationships.<\/p>\n
<\/b>a. Structural changes to the used areas, rooms and halls, as well as to facilities and technical\u00a0<\/span>installations, must be expressly agreed in writing by Path\u00e9 beforehand. Where necessary,\u00a0<\/span>measures must be approved in advance by the relevant authorities.\u00a0
<\/span>b. Carpets, curtains and other decorative items must comply with fire safety regulations.\u00a0
<\/span>c. Pyrotechnics, pyrotechnic shows, live cooking and open fires (including candles) are strictly\u00a0<\/span>prohibited.\u00a0
<\/span>d. Smoking is not permitted anywhere inside Path\u00e9 cinemas.<\/p>\n
<\/b>a. Path\u00e9 will remain the owner of the hired premises. Advertising and decorations may only be\u00a0<\/span>displayed in agreement and consultation with Path\u00e9.\u00a0
<\/span>b. The Organizer is responsible for taking out insurance. The Organizer is also liable for any\u00a0<\/span>damage to the used premises.<\/p>\n
<\/b>Newspaper ads, fliers, posters, social media activities, etc., that make reference to the event at Path\u00e9 must be approved in writing beforehand by Path\u00e9. If any of these are published without consent and the essential interests of Path\u00e9 are harmed as a result, Path\u00e9 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.\u00a0<\/span><\/p>\n
<\/b>The Organizer can have cardboard and paper disposed of on the premises after the event. Path\u00e9 reserves the right to charge a waste disposal fee for larger volumes.
<\/b><\/p>\n
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<\/b>
The legal relationships between Path\u00e9 and the Organizer are subject to Swiss law. Zurich is agreed upon as the place of jurisdiction for legal action against Path\u00e9.\u00a0<\/span><\/p>\n