Terms and conditions

General terms and conditions nv Brussels Waerboom Event (01.01.2025)

1. General
   • These general terms and conditions always apply to all Agreements, commercial relations, orders, and the execution of orders by and with Brussels Waerboom Event NV. Subject to proof to the contrary, these general terms and conditions are accepted by the Customer by the mere fact that an Agreement is concluded with Brussels Waerboom Event NV. In addition to these general terms and conditions, the Special conditions for the event brochure also apply. The Customer can consult these in the event brochure, which can be found on the website.
   • The definitions at the end of this document apply in their entirety.
   • In the event of interpretation problems, the Dutch version of the general terms and conditions of BWE shall take precedence over the general terms and conditions of BWE in other languages.
   • The Customer is jointly and severally liable for all obligations arising from the Agreement.
2. Quote – Agreement – Price
   • The quote from BWE does not yet constitute a definitive offer but is always without obligation. An agreement is only established if the quote is signed or confirmed in writing by the Customer and subsequently expressly confirmed by BWE. An agreement can also be created by the Customer and BWE signing a contract.
   • Advances must be paid by the Customer in accordance with the instructions in the Agreement. Failure to pay the advances on time will result in the remaining outstanding amounts becoming due. In the absence of payment of the advances at the latest 2 weeks before the Event, BWE has the right to dissolve the agreement by mere notification to the Customer.
   • After receiving the quote, the Customer may request an option. This option must be requested in writing and only begins after express acceptance by BWE. Unless otherwise stated, an option is valid for 7 days.
   • The Agreement always relates to an Event. The Sub-events, the date, and the Estimated number of Guests are already fixed. For each room, a minimum number of Guests applies as stated in the Agreement. When booking the Event, the Customer undertakes to pay for the minimum number of Guests as included in the Agreement. If the minimum number of Guests, as stated in the Agreement, is not present at the Event, a flat-rate fee of €25 per person below the minimum number will be charged.
   • The Estimated number of Guests participating in the Event is fixed at the conclusion of the Agreement. Changes to the Estimated number of Guests are possible free of charge until at the latest 1 month before the Event, provided that the minimum number of Guests, as stated in the Agreement, must be respected at all times.

Changes to the Estimated number of Guests within the month before the Event are possible as follows:

• Changes up to 20% relative to the Estimated number of Guests are free of charge, with the exception of the flat-rate fee as determined above, if the minimum number of Guests is no longer met due to the change.
• Changes of more than 20% relative to the Estimated number of Guests: 75% of the cost price per guest will be invoiced for every change above 20%.

BWE reserves the right to organize the Customer’s Event in a different room if the actual number of persons present deviates by more than 20% from the Estimated number of Guests.

• The Price for the Event contains a fixed and a variable part. The fixed part concerns the rental price for the room. The variable part consists of two parts: the catering and a fee for any shortfall in the number of Guests.

Prices for the catering offer are only available from 4 months before the Event and are always subject to significant market fluctuations. BWE reserves the right to change these variable prices when those market conditions (including but not limited to: purchase prices, import duties, scarcity, etc.) change. In such a case, BWE will notify the Customer of the proposed price change. BWE will – as far as possible – propose alternatives to the Customer. The Parties will seek the best solution through mutual consultation.

• Drinks are included as stated in the Agreement. Additional drinks are charged per consumption.
• Service hours are included as stated in the Agreement, and the number of waiters is provided for the smooth running of the service. Supplementary service hours are charged per hour and per waiter until one hour after the departure of the last guest or subcontractor.
• Any complaints regarding the Event must be sent to BWE via registered mail within a forfeiture period of 2 days after the date of the Event. Complaints and/or disputes of any nature do not give the Customer the right to suspend the payment of their advances/invoices. If the complaint is well-founded, the maximum liability of BWE shall in any case not exceed the price of the service, and BWE has the choice to adjust the defective or non-conforming service if possible, or to compensate the Customer for the direct damage suffered by them (limited to a maximum of the Price of the relevant cost price of the service).

3. Operational agreements
   • Drinks and food are exclusively supplied by BWE. Own drinks, food, or an external catering service are not permitted.
   • For the proper functioning of the Event, the Customer must provide the following information to BWE by the following times at the latest:
     • 1 month before the Event: if there are more than 50 Guests: the final menu choice.
     • 10 days before the Event: the times of arrival, departure, coffee breaks, and meals, as well as the exact number of Guests, the room layout (and the menu choice for fewer than 50 Guests).
     • At the latest 2 working days before the Event: minor changes in numbers (max 5 people) and table plan.

This change will be invoiced in accordance with the provisions included in point 8.

• At the latest 24h before the Event: any special dietary requirements. Afterwards, special dietary requirements will be carried out according to the possibilities of the kitchen and will always be charged as an extra.

Increases in the number of Guests or dietary requirements not communicated on the day itself will be carried out as far as possible at the menu price increased by 10%.

• The meal must start by 8:30 PM at the latest.
• Delays or breaks longer than 30 minutes will be charged to the Customer on a time and material basis.
• Music or sound activities are only permitted with the prior written consent of BWE. Live bands and orchestras are not permitted. DJs must not exceed the legal standards in accordance with Vlarem II and are responsible for measuring this themselves (cf. Vlarem II legislation). The Customer is responsible for checking which taxes/duties are due and which permits must be obtained.

BWE has the right to intervene when the legally permitted noise standards are exceeded. BWE may stop the Event without being liable for any damages.

• The use of fireworks or sparklers, as well as confetti or paper scraps, is prohibited.
• The room is made available to the Customer 1 hour before the arrival of the Guests and must be cleared of all personal belongings after the Event. The Customer is responsible for all goods and materials placed. BWE considers left-behind goods as waste and may charge costs for clearing/cleaning the room.
• The end time for Events is midnight for Weekdays, 4 AM for Friday and Saturday nights. After the end time, the hourly rate for employees becomes 200%. At least 2 employees will always remain until after the departure of the last guest or subcontractor (from all customer zones, indoors or outdoors).
• It is strictly forbidden to cause night noise and create a nuisance for local residents or hotel guests from 10 PM onwards.
• The Customer or the Customer’s representative undertakes to stay until the last guest has left the event space.
• A general smoking ban applies in all indoor areas. Any violation of this may lead to the removal of the Customer and/or their Guests from BWE’s premises. All possible fines and/or sanctions resulting from this violation are entirely at the expense of the Customer.
• The Customer confirms being aware that BWE’s domain is secured via a camera system. They will do what is necessary to inform their Guests about this.

4. Liability & indemnification
   • The Customer is liable for any damage resulting from errors, negligence, and/or imprudence committed by themselves, the Guests, and/or anyone present at their request. BWE is not liable for damage caused by the negligence or error of the Customer or a third party. The Customer will always be responsible for full compensation for the damage caused, including if it was caused by a third party.
   • The Customer indemnifies BWE against any possible claim and demand by the Guests and their subcontractors, as well as by third parties due to non-compliance by themselves or their Guests with these general terms and conditions.
   • BWE is not responsible for theft, accidents, or any damage that may occur on its domain, buildings, parking, or cloakroom. The use of the parking and the cloakroom is at one’s own risk and responsibility. The Customer will do what is necessary to make this risk known to their guests. The Customer will indemnify BWE at all times for any claim in this regard by third parties.
   • BWE is not responsible for the materials and goods that the Customer or their Guests bring to the Event.
   • The Customer may use their own subcontractors (photographers, DJs, etc.) at their own responsibility but undertakes to impose BWE’s rules of conduct on these subcontractors.
   • BWE is not liable for minor errors, nor for those of its agents. BWE’s liability is limited to intent or gross negligence and to the foreseeable, direct, and personal damage of the Customer with the Price as a maximum. In no case is BWE liable for damage to third parties, nor for loss of opportunities, nor for loss of profits, etc.
   • Parties exclude any claim based on any extra-contractual liability. The Customer can only hold BWE liable on the grounds of contractual liability.

5. Cancellation
   • Cancellation free of charge is not possible. If the Customer wishes to Cancel an Event, this must be done in writing by fax, by registered letter, or by email, subject to acknowledgment of receipt and subject to payment of the amounts specified below:
     • Cancellation more than 12 months before the Event for an Event scheduled on a Weekend Day: 10% of the Expected Turnover
     • Cancellation between 12 and 6 months before the Event:
       • For an Event scheduled on Weekdays: 10% of the Expected Turnover
       • For an Event scheduled on a Weekend Day: €3,000 for the Schuur room, €3,500 for the Rubens room, €2,000 for the Memling room, and €1,000 for another room.
     • Cancellation less than 6 months before the Event: 50% of the Expected Turnover
     • Cancellation less than 1 month before the Event: 90% of the Expected Turnover
     • Cancellation 7 days or less before the Event: 100% of the Expected Turnover

• In addition, the Customer is also liable for an administrative fee amounting to €350.00. This fee is also due in case of cancellation due to force majeure.
• A change of date for the Event is considered a Cancellation.
• In the event of a Cancellation of the Event by BWE, the same compensation is due, except in the event that the cancellation is the result of the Customer’s default or a dissolution of the Agreement at the expense of the Customer.
• Any advance paid by the Customer will be offset against the cancellation fee mentioned above.

6. Price and invoicing
   • The advance must be paid within the period included in the quote and/or the Agreement.
   • Invoices are payable within 14 days. In the event of any late payment, BWE has the right to suspend the further execution of its services until full payment of the outstanding invoices.

With regard to the Customer-entrepreneur, every invoice that is not paid on its due date will, by operation of law and without notice of default, yield conventional late payment interest equal to the late payment interest rate according to the law on late payment of August 2, 2002. In addition to and above this conventional late payment interest, the Customer-entrepreneur will also be liable for compensation for every, even partially, unpaid invoice, which is fixed at a flat rate of 10% of the invoice amount.

With regard to the Customer-consumer, every invoice that was not paid on the due date will entail the following increase in accordance with Book XIX of the Code of Economic Law.

• Complaints regarding the invoice must be delivered to BWE at the latest 8 working days after the invoice date, by means of written notification.

7. Execution, dissolution, and force majeure
   • When the Customer fails to perform their obligations, as well as in the event of bankruptcy or apparent insolvency, BWE has the right to consider the agreement as dissolved by operation of law and without any notice of default. It is sufficient to notify the Customer of this by simple registered letter.
   • Any substantial event that seriously hinders or complicates the execution of the Agreement by BWE will give rise to a renegotiation between the Customer and BWE, without the possibility of judicial intervention. If no new agreement can be concluded within a reasonable period, BWE has the right to unilaterally dissolve the agreement or to postpone or suspend its execution without the Customer being entitled to compensation. The unilateral dissolution or suspension of the agreement will be notified to the customer by simple letter.
   • In the event of force majeure, the obligations of the parties are temporarily suspended. If the force majeure lasts longer than three months, both parties can dissolve the obligations.

Force majeure is any event that was not caused by one of the parties, was not foreseeable at the conclusion of the agreement, and makes the further execution of the obligations impossible. Force majeure includes, but is not limited to: natural disasters, strikes, government intervention.

The following are in any case not considered force majeure: pregnancy of the Customer or their partner, death or illness of one of the Guests, family circumstances.

8. Final provisions
   • The nullity, invalidity, or unenforceability of a specific provision of the general terms and conditions or of any Agreement does not result in the nullity or unenforceability of the other provisions of the general terms and conditions or the Agreement.
   • The null or unenforceable provision will be replaced by mutual agreement by the parties, who will negotiate to the best of their ability and in good faith, with a valid provision having the same or similar economic scope.
   • The fact that BWE exceptionally does not invoke compliance with the general terms and conditions can in no way be interpreted as a future waiver.
   • Belgian law applies to every Agreement and every dispute arising therefrom.
   • In the event of a dispute, the Courts and Tribunals of Brussels and the justice of the peace in Lennik are competent.
9. Definitions
   • BWE: Brussels Waerboom Event NV, with registered office at 1702 Dilbeek, Jozef Mertensstraat 140/A, company number 0460.822.848, RPR Brussels.
   • Customer: the natural person or legal entity that uses or wishes to use the products and/or services of BWE, or the person who has expressed interest in the products and/or services of BWE in any way.
   • Customer-consumer: the Customer who is a consumer in accordance with the Code of Economic Law.
   • Customer-entrepreneur: the Customer who is an enterprise in accordance with the Code of Economic Law.
   • Parties: BWE and the Customer.
   • Agreement: every agreement between BWE and the Customer, being every contract and/or accepted quote, order form, every addition or change thereto, and all resulting legal acts.
   • Event: the party, seminar, or other event organized by the Customer at BWE on a specific day.
   • Weekdays: Monday to Thursday inclusive
   • Weekend (Weekend Days): Friday to Sunday inclusive
   • Sub-event: the different parts of the Event (e.g., reception – dinner – evening party)
   • Price: the price as included in the Agreement excl. VAT.
   • Expected Turnover: the price as included on the order form or, if no order form has yet been drawn up: the price per sub-event in terms of drinks and food for the cheapest flat-rate formula (1h reception with 4 appetizers, 3-course dinner with 3h wines, 4h open bar during dance party)
   • Guests: the number of proposed attendees at the Event
   • Estimated number of Guests: the number of Guests initially indicated by the Customer to BWE as attending Guests at the Event, as stated in the Agreement.
   • Cancellation: The failure to proceed with an Event on the agreed day or changing the agreed concept for the Event.