General Terms and Conditions
1. Basic principle
The General Terms and Conditions shall apply to all contractual and collaborative relationships between customers and CSM regardless of the legal qualification of contractual commitments. They shall form an integral part of any enquiries, offers, detailed concepts and order confirmations.
2. Object of the agreement
CSM plans and carries out events of all kinds within the event locations StageOne & Chicago 1928, of which CSM is also the lessor and marketer. Unless otherwise agreed, CSM shall work on a flat-rate, per-case basis.
CSM guarantees to provide, select, check and monitor the services it provides (such as location and technical service providers) carefully, but does not provide any contractual guarantee of success. CSM shall only accept liability for loss in value if it is at fault for failing to provide a complete service or if there is a material change to a service as a result of gross negligence, with the liability remaining limited to direct damage. To the extent permissible under law, liability shall be excluded for natural disasters; accidents; theft; damage as a result of force majeure, measures taken by authorities, unrest, accidents, crimes and offences; and damage that is the fault of the customer. The customer shall be held liable for direct damage for any damage caused to CSM or other service providers for which it is responsible.
CSM may consider the customer’s preferred suppliers for the provision of catering services at its own discretion. The customer shall not have any right to the goods of a given supplier.
To make a claim using a warranty of title or of quality, customers are required to inspect the good or service and give notice of any defects immediately. Customers and/or their representatives shall report any complaints verbally without undue delay at the place of processing and then submit a confirmation in writing within two days. Claims for damages shall be reported, in writing by registered mail, within a maximum of one week following the end of the event; otherwise, the right to complain shall be forfeited. CSM representatives on site shall not be entitled to acknowledge liability claims.
5. Changes to orders
If, after CSM has received a signed confirmation from the customer, the customer still wishes to make changes to the order, the customer shall sign the adjusted confirmation – provided it has received this from CSM – and return it to CSM.
The final and definitive number of people attending the event shall be provided at least ten working days prior to the event. Information provided after this time can no longer be taken into account.
6. Cancellation by the customer
Should the customer cancel an event ten days or more prior to the event, the customer shall be obliged to pay 50% of the order value of the catering portion pursuant to the order confirmation; after this time, the customer shall be liable to pay 100% of the order value.
In the event that an order is cancelled, CSM shall be entitled to charge the cancellation costs set out in the order confirmation, regardless of the amount of damage incurred.
7. Intellectual property rights
For all services of CSM, CSM and/or the service providers in question shall retain the rights of usage of logos and services. However, customers and CSM shall grant one another the right to use digital and analogue images of events, rooms and people for their own documentation and reference publications. If necessary, the customer shall draw its guests’ attention to this matter so that both contractual parties can assume that the attendees have agreed to this at least tacitly or implicitly.
8. Legal barriers and official approvals
CSM shall only be responsible for official approvals and levies required to use the rooms provided and comply with contractually agreed services. For activities beyond this scope, the customer shall be required to obtain the necessary approval itself (e.g. for use of a public domain for commercial purposes or approval due to the Lottery Law). In any case, the customer shall ensure compliance with legal barriers and requirements, in particular relating to fire regulations, and avoid any excessive contamination. For any legal claims made by third parties or authorities for which the customer is responsible, the customer shall release CSM from any obligations.
9. Terms of payment
Generally speaking, the conditions of payment mentioned in the order confirmation shall apply. These shall become legally valid once the customer signs the corresponding document. If the customer fails to make a payment by the deadline specified, CSM shall be entitled, without providing further warning, to cease provision of the services but still charge the cancellation costs pursuant to the conditions of cancellation. CSM shall provide notice of its rescission within five days after the delayed payment, in writing and by registered mail.
10. Insurance obligation
CSM’s insurance covers liability claims for personal injuries and property damages to the extent usual in the industry, but not for financial losses. In this regard, all liability shall be excluded. As CSM is not liable for damages to goods provided by the customer, CSM recommends that the customer take out insurance for transport, exhibition, theft and/or baggage, depending on the type of event.
11. Internal rules or regulations
The customer is required to observe all internal rules, organisational, written and order instructions, information sheets and regulations that are easily visible at the event location or were submitted in writing prior to the event, and to ensure that these are complied with by its employees and guests.
12. Applicable law and place of jurisdiction
Unless an agreement is made to the contrary, Swiss law shall apply exclusively to the legal relationships between customers and CSM and between customers and third parties. The exclusive place of jurisdiction for any disputes arising from this agreement shall be the City of Zurich.