GENERAL RENTAL TERMS

The following is valid with regard to the contractual liability resulting from the rental contract:

  • If the amount due as stated on the invoice or in the contract is not paid on the due date, negligence interest of 1% per month is to be paid without notice or summons.  In case of breach of the contractual liability of payment after serving registered notice, the lessor is entitled to damages of 10%.
  • The parties agree that in the case of cancellation of the rental contract by the lessee, the lessor is entitled to damages amounting to 30% of the agreed rent and, furthermore, the parties agree that this amount represents adequate compensation for foreseeable damage at the time when the contract was made.
  • In the case of non-payment of a partial amount on the due date, the total amount of the rent can be claimed.
  • The rent, the transport costs, VAT and all other charges including taxes are to be paid in full before completion of construction at the registered office of the lessor.
  • The lessee or his representative agree to be present during construction to indicate the correct location of the construction or to mark the ground and he is fully and exclusively responsible for possible mistakes.  If the lessee is not present, no claims with regard to this matter will be accepted.  If the lessee and his workmen are not present upon arrival of the lessors lorries, the latter is entitled to charge waiting time of 5 hours for each staff member present.
  • The least contractual error committed by the lessee allows the lessor to cancel the contract with damages for the lessee as stated above and amounting to 30% of the rent.
  • The lessee will be held responsible for theft of the rented goods once they leave the registered office of the lessor and until they are returned.  If the goods are to be installed at a public place, the lessee will close the site from traffic for the entire duration of the rental.  The lessee and not the lessor is responsible for obtaining the necessary permits.  All costs of the rental will be charged to the lessee.
  • In case of force majeure, before or after delivery of the rented goods, the lessor is dismissed of any liability and the lessee may not claim damages or restitution of the rent.  The parties consider the following events as force majeure:
    • malfunctions or obstacles which render execution of the contract more expensive or difficult;
    • strikes;
    • riots;
    • war;
    • natural disasters;
    • illness of labourers;
    • ban on imports or exports;
    • mobilisation and fire;

this list is not limiting.

  • The lessee is responsible for regular maintenance of the rented goods and in particular regular tightening of awnings in the tents and the heating.  Complete or partial destruction of the rented goods does not entitle the lessee to any damages  or refund, moreover, the rent is always to be paid.
  • Connection of toilet-containers to the water and electricity  mains and sewer, and costs for consumption are at  the expense of the lessee.  The lessee is responsible for maintenance of these containers and agrees to clean them  completely before restitution.  If he refrains from doing so, the lessor is authorised to charge the cleaning costs by  simply invoicing the lessee.  Fuel and installation of separate rented heating appliances are at the expense of the lessee; the latter is also responsible for maintenance of these appliances.  The lessor is not responsible for malfunctions or breakdowns of toilets, heating appliances, lighting equipment or any other accessories.
  • At the end of the rental period chairs, tables, dance floors, stages, etc. must be carefully folded and stacked as  near as possible to the entrance and within reach of the lessors lorries, in the hall or the tent.  Broken or damaged material is to be stacked separately and shown to the lessor in order to draft an inventory of damaged goods.  Repairs and missing goods will be invoiced to the lessee; the latter is to notify the lessee of any remarks in this respect within eight days following receipt of invoice.  It is forbidden to nail, paint or saw the floors, dance floors, stages, enclosures,  awnings, etc., apply stickers to, cover or remove the lessors publicity on the hall or tents.
  • The lessor cannot be held responsible for changes or exceptional measures implemented by the emergency services or police and any charges in this respect are exclusively at the   expense of the lessee.  The lessee is obliged to comply with all regulations laid down by the safety services and police, thus releasing the lessor completely from all liabilities.
  • Provided the placement requirements of the lessor have been complied with, the tents can resist wind velocities up to 80 km/h or 100 km/h, depending on the size of the tents.
  • The lessee commits itself to evacuate the tents in the following situations:
    • For tents with a width of maximum 10m and a ridge height up to 5m: in case of wind velocities of 9 Beaufort, i.e. strong gale (as from 75 km/h, children blow away, chimney pots are removed and roofs are being damaged)
    • For tents with a length/width exceeding 10m or a ridge height exceeding 5m:  in case of wind velocities of 10 Beaufort, i.e. storm (as from 89 km/h, adults blow away, trees are uprooted, considerable structural damage to buildings)
  • In the case of snow, the lessee agrees to switch on one or several heating appliances during the day and night in  order to ensure complete melting of the snow or ice on the awnings.  The lessee is to be notified of the possible danger of collapsing if 3 cm or more snow is on the tent.  If this regulation is not followed closely, the lessee is responsible for all damage, including damage to the rented materials.  The  lessee must notify the lessor immediately of circumstances or facts which may endanger the stability of the rented goods.  In the event hereof, the lessee must take all necessary precautions at his own expense in order to ensure the safety of the rented goods.  The lessee is liable for all damage if he is in breach of these contractual agreements.
  • If the lessee cancels the contract the following compensation is due:

           a.                40% rent if cancellation is more than three months before start of the rental period;

           b.               60% rent if cancellation is more than one month before start of the rental period;

           c.                80% rent if cancellation is less than one month before start of the rental period;

  • The lessee is not allowed to change the material or remove any parts.
  • Several lessees, the joint-lessees, will be jointly liable with regard to the lessor for all obligations resulting from the rental agreement, also if they declare that they are acting for a specific legal person for the purpose of the agreement in question.
  • The rental agreement can only be subject to Belgian law.
  • Only the court of Tongeren is competent to handle any disputes resulting from or related to the rental agreement in question.

 

TERMS OF INSTALLATION

 

These terms of installation are applicable to purchase/sale as well as rental agreements.

If the sale agreement does not mention installation by means of a calculation of the cost price, installation is not at the expense of the seller.

The construction site  must be accessible from the road and suitable for heavy vehicles.

Furthermore, the construction site must be sufficiently level and hardened. If this is not the case the buyer or lessee must provide an adequate concrete framework at his expense before installation can start.  The required excavation work and concrete framework are at the expense of the buyer or the lessee.

The buyer and the lessee must, in addition, take all necessary measures to comply with urban development planning and other regulations and protect the seller and the lessor from any liabilities in this respect.

Furthermore, the buyer and the lessee must protect the seller and lessee from any liabilities resulting from execution of work, in any sense, which is performed before the necessary permits have been obtained. 

For the tension tents and other halls of various nature which are sold or rented, it must be possible to hammer iron pins in the ground surrounding the tent.

The buyer or the seller must ensure that the owner or other persons with legal right to the site have given their permission in advance for the installation during the entire period of time and assume full responsibility in this respect and exempt the seller and lessor.

The buyer or the lessee protect the seller or the lessor from all claims such as third-party claims for payment or damages or any other compensations related to the execution of obligations by the seller or lessor.

In accordance with the agreement resulting from these terms, the buyer or lessee must give the seller or lessor all information and plans related to any kind of underground pipelines prior to the execution of work; if this is not the case the buyer or lessee are fully responsible for any possible damage.

Furthermore, the buyer or lessee must mark the location of these pipelines visibly at the site without being specifically requested to do so by the seller or lessor.

If the seller or lessor do not receive any information in this respect from the buyer or lessee , they may assume that they do not have to take into account any danger of damage to underground pipelines or works..

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