Xtravia Xtravia
Xtravia Xtravia

General terms and conditions of sale

Scope

These general terms and conditions of sale apply to every contract (be it in the form of a quotation, letter of undertaking, assignment, etc.), and are hereinafter referred to as ‘the Contract’, agreed between sprl Xtra Via, hereinafter referred to as ‘the Organisation’ and the other contracting party, hereinafter referred to as ‘the Client’ (and exclude the Client’s terms & conditions). These general terms and conditions of sale supplement the specific terms and conditions set out in any letter of undertaking, assignment or other document drawn up between the Organisation and the Client. If these general terms and conditions of sale and such specific terms and conditions contradict each other, the specific terms and conditions shall apply. If no specific conditions have been drawn up, these general terms and conditions of sale shall be the only contract between the Organisation and the Client. In any event, these general terms and conditions of sale may not be modified without written agreement between the Organisation and the Client.

Aim

The Organization provides many services related to administrative tasks. And related to the organisation, management and logistics of events.

Effective date of the general terms and conditions

These general terms and conditions apply from the moment an agreement is reached between the parties on an assignment and at the latest and by operation of law from the moment the Organisation completes an assignment for the Client.

Transport costs

No transport costs are charged for assignments that take place in the Brussels-Capital region For assignments taking place outside the Brussels-Capital region, the Organisation will charge for the kilometres travelled (outward and return) per car (1 to 5 persons) starting from Brussels-Capital. The travelling time of the driver (outward and return) and the passengers (outward) will also be charged.

Requests and confirmations

The Organisation will address requests for new assignments to the Client by e-mail, describing:

  • the requested and confirmed assignment(s)
  • the time schedules of the assignment(s) (starting time and theoretical end time as indicated by the Client)
  • if applicable, the number of kilometres and the amount to be invoiced as transport costs
  • the composition of the teams, the identity of each team member and of the person in charge of the Organisation for the requested assignment(s)

If this information is not confirmed in writing by the Client, the assignment request is considered as not accepted.

Cancellation

In the event of cancellation of an assignment, a lump-sum compensation payment is due by the Client to the Organisation, without proof of damages; 50% of the lump-sum is due if the cancellation takes place 48 hours before the start of the assignment and 100% of the lump-sum is due if the cancellation takes place 24 hours before the start of the assignment. If the Organisation cancels the assignment due to force majeure or other situations beyond the Organisation’s control, the Organisation shall not be liable for any compensation.

Force majeure means any sudden or unexpected event, beyond the control of the Organisation, which results in it no longer being able to carry out the assignment. For example, fire, natural disaster, explosion, earthquake, a decision by a public authority or by a court, strike, lockout, terrorist attacks or consequences of terrorism, disease (epidemic or a pandemic like corona), lockdown or any other type of social issue beyond the Organisation’s control.

Rate changes

The hourly rate = the hourly wage * coefficient. The coefficient shall be increased by the Organisation in the event of a direct or indirect increase in the employer’s contribution and/or any other factor influencing the real wage cost. The gross wage will be changed in the event of any indexation and conventional wage increase applicable to your organisation.

Invoices and payments

Invoices are payable in cash, net and without discount to the account number stated on the invoice. Any unpaid amount will result in the legal interest rate of 1% per month being charged for every month of non-payment, plus fixed, non-reducible compensation of 15% of the total amount, with a minimum of EUR 125 for the damages and loss of interest. Both parties explicitly agree that an invoice that has not been disputed by registered mail within eight days of the invoice date is considered accepted. An agreement for payment in instalments is not equivalent to debt renewal and therefore does not derogate from the application of the preceding paragraphs in this Article. If, in the event of an agreement for payment in instalments, the Client is late in making one payment, the agreement will lapse and the Client will be liable for immediate repayment of the full balance. For environmental and economic reasons and for reasons of convenience, the Organisation elects to send its invoices by e-mail in PDF format. The Client accordingly undertakes to check the inbox of the e-mail address provided, at the start of the month, and to view the Organisation’s invoice. In the event of a change or other issue regarding the e-mail address provided, the Client undertakes to contact the Organisation’s accounts department immediately at invoices@xtravia.be or on +32(0)2/453.15.52.

Default

In the event of default in payments due by the Client to the Organisation, the general and specific terms and conditions agreed between the parties will apply and the Organization will be entitled to stop the assignment completely until the full amount due is paid.

In the event of non-payment of an invoice by due date, all amounts owed at and prior to that date automatically fall due for immediate payment.

Unilateral right of withdrawal of service providers

Sans indemnité, ni préavis, la Société se réserve le droit de retirer les prestataires en cas de retard de paiement, de non-respect de la législation, de non-respect des présentes conditions générales et des conditions particulières ou si la moralité du Client ou sa manière de traiter les prestataires à l’encontre de toute éthique rend la poursuite de la collaboration impossible.

Responsability

The Organization does not accept any responsibility in the event of incorrect execution of the foreseen assignments, whether partially or completely, if such execution is the result of a direct or indirect case of force majeure or a defect, in general, of the Client itself or the subcontractor. In any event, the responsibility of the Organisation, its representatives or appointees for all material or immaterial damage (such as moral damages and loss of Clients, production, time, data, commercial opportunities, etc.) caused by the Client, is limited to the total amount of the full assignment placed by the Client according to Article 5 of this agreement. Any action that Organisation is responsible to take must be taken within at least three months of after date of the event and the assignment. If this is not done in time, the Organisation shall be discharged from all responsibility and shall not be required to pay any damages or interest. The Organisation has a civil liability insurance policy covering damage caused by it, its representatives and appointees to goods or persons in connection with the execution of assignments.

Organisation

The Organisation shall organise its activities in the manner it considers appropriate, both with regard to the technical aspect of the assignment and the way in which it organises its professional activities. The Client has no authority over the Organisation, its employees or delegates. The Client may, however, give instructions to the employees of the Organisation relating to the work contract and the execution of the agreed assignment in the context of:

  • Priority for the actual task to be performed,
  • Priority for the end-Client’s assignment,
  • The agreed method of execution (Client’s usual way of working)

Health and safety

The Organisation undertakes to perform its obligations in terms of the health and safety of employees while performing work for the Client, and shall also ensure that appointees and delegates perform them. If the Organisation does not perform these obligations, the Client may itself take the necessary measures at the expense of the Organisation to ensure that these obligations are performed.

General

This agreement supersedes any other previous agreement between the parties. It can only be changed by written agreement between both parties. The nullity of one clause in this agreement does not mean that all other clauses are null and void. If there are several clients, they shall be jointly and severally responsible for the performance of the obligations provided in this Agreement. Such clients will therefore refrain from division and argument. The Client permits the Organisation to publish information regarding completed assignments, mainly for publicity purposes. The Client may not transfer its rights and obligations, in part or in full, without the prior express consent of the Organisation.  In the absence of a written waiver, under no circumstances shall any failure or delay by the Organisation in asserting its rights or bringing an action regarding the contract or applicable law be deemed a waiver by management. In the event of a dispute between the parties regarding the interpretation or execution of the contract, only the courts of the district of Brussels shall be competent.