The present terms & conditions apply completely and without reserve to every physical or moral person below, called "Client", having signed a mandate, agreement, or another contract type with the company EVA Global Events SA (EVA), called "Provider". They are an integral part of the contract.

Article 1: Definitions

A few terms are used several times in these general terms and conditions. The definitions are given below.

The client is any natural person acting in a professional capacity or as a company or legal person who concludes or wishes to conclude an agreement with EVA on his own behalf (or also in his capacity as a participant) or on behalf of third parties, or uses or wishes to use arrangements, activities, services or material of EVA or their selected third-party suppliers.

EVA (the Provider) is the organiser and contractor who offers activities and/or services to individuals, groups, organisations, and businesses. EVA is the user of these terms and conditions.

• Parties, both the Client and EVA.

• A representative is a person who acts on behalf of EVA as, among other things, a supervisor of an activity (travel), leader, or instructor.

• The participant is the natural person who participates in or uses an event.

• The supplier, not being the Client, is the one who provides goods, services or other services of monetary value to EVA.

• An event is a service or activity prepared, organised and/or executed by EVA, company or professional, or a combination thereof, as well as offering facilities, all in the broadest sense of the word - as requested by the Client. (a.o. the rental of equipment, arranging transport, (accommodation) accommodation, giving instruction(s) and the supervision of (parts of) a program/activity, the organisation of congresses and meetings. EVA organises events of a day part, one-day events (without overnight stay) and multi-day events (if applicable with overnight stay).

• Whenever EVA refers to an agreement, it concerns the agreement whereby EVA undertakes towards a Client to organise and/or deliver an event. The agreement needs to be considered as a travel agreement if EVA undertakes to provide a pre-arranged trip, which includes an overnight stay or a period of more than 24 hours, as well as at least two of the following services:

• Transportation;

• accommodation and;

• another (tourist) service not related to transport or accommodation, which constitutes a significant part of an event.

• A day is considered a calendar day which equals 8 hours.

• For EVA, written means by e-mail or certified letter (paper).

Article 2: Applicability

These general terms and conditions apply to any offer, orders and agreements between EVA and the Client unless the parties expressly agree in writing to deviate from these general terms and conditions. Deviating conditions only apply to the agreement for which the deviation has been agreed. The Client can never invoke these deviating conditions in other (future) agreements with EVA.

The Client agrees to these general terms and conditions by making a (down) payment and/or entering into an agreement with EVA and/or actually participating in an event.

The applicability of the (general) terms and conditions of the Client is expressly excluded by EVA.

EVA may unilaterally amend or supplement these general terms and conditions. Changes and/or additions, minor in nature and/or of minor importance, may always be implemented by EVA. 

Changes and/or additions, large in nature and/or demonstrably to the client's disadvantage, will be discussed with the Client in advance.

If one or more provisions of these general terms and conditions are, at any time, partially or completely void or annulled, the remaining provisions shall remain fully applicable. Parties will consult to agree on new provisions to replace the void or annulled provisions. The purpose and scope of the original provisions will be respected as much as possible.

Article 3: Quotation, Agreement and Contract Conclusion

A quotation can be requested by telephone and/or in writing from EVA. Based on the client's wishes, information and/or objectives, a maximum of three (3) proposals will be made for the same event. A proposal always includes an event description, financial overview, resource attribution and description of tasks. These proposals are sent to the Client as a written quotation.

All quotations of EVA are without obligation and are provided to the Client free of charge unless stated otherwise.

The quotation and proposals emitted by EVA are a first price estimation and feasibility of the project. They do not engage the Provider to deliver the services proposed.

The contract is concluded by the written and signed acceptance of the offer of the Provider (including a description of the service and pricing, as far as this acceptance (”Order") reaches the Provider before the limit of validity mentioned on the offer. Without an answer from the Client before the offer's validity date, this one will be considered void and cancelled.

The Client can no longer derive any rights from an offer if a service and/or product or a (sub)part thereof to which the offer relates is no longer available.

In the case of a composite quotation, EVA is not obliged to carry out only part of the offer if the Client accepts only part of the quotation. In a composite quotation, a combination of several services or offers is offered.

If (additional) conditions are attached to the quotation, EVA will explicitly state this in the quotation.

In case of an obvious error or a mistake in a quotation, EVA is not bound to this offer.

Quotations do not automatically apply to future agreements between the Client and EVA.

An agreement is concluded after EVA accepts the Client's offer to enter into the agreement. For this, the Client receives a written confirmation from EVA. An agreement is valid when the Client receives the written confirmation from EVA.

The Client/participant entering into the agreement on behalf of a group is jointly and severally liable for all obligations arising from the agreement.

The person acting on behalf of the Client is presumed to be authorised and authorised to sign. If at any time this turns out to be different, the person who acts as authorised signatory is jointly and severally liable for all obligations arising from this agreement.

EVA employees are invoiced by day of work. The maximum number of hours is 8 working hours a day. In case of extra hours, the hours will be charged according to the daily price rate.

Expenses related to travel, meals and accommodation for EVA employees to support the Client with a project or event are chargeable to the Client. They will be invoiced separately and are payable by the Client on receipt of the invoice and a copy of the receipts.

Article 4: Execution and amendment of the agreement

EVA carries out all agreements with the greatest care and expertise. EVA has an obligation to make an effort. EVA cannot guarantee the Client that a certain result will be achieved.

EVA is allowed to use (the services of) third parties in the execution of the agreement. Any costs will be charged to the Client. If EVA wishes to use (the services of) third parties, the Client will be informed of this in advance.

EVA is only bound by the agreement and/or amendments and/or additions thereto if EVA has accepted them in writing.

Unless the parties have explicitly stated otherwise in writing, the event will also occur in bad weather. EVA will do everything possible to limit any inconvenience to participants. An outdoor event can be cancelled, free of charge, if, in the opinion of EVA, it is irresponsible and/or impossible to carry out, in connection with, among other things, not limited to, safety.

Implementing what has been agreed upon partly depends on local (weather) conditions/circumstances. If there is no guidance by EVA during an event, the Client itself is responsible for a program change -when the situation requires this as such- and/or the execution of the event and its related sessions (including but not limited to dinners, cocktails, organisation and execution of transportation for the participants, etc.). If EVA provides guidance, the program will be changed in mutual consultation with the Client.

EVA can amend the agreement and/or the offered event if important circumstances are to be communicated to the Client without delay. If possible, EVA will offer an alternative whereby the specific character of the event remains intact as much as possible, and the alternative fits within the Client's budget. The Client may only reject the amendment if the alternative has a substantially different character than the original event or if the alternative otherwise causes a disadvantage of more than a minor significance. The Client must report this to EVA as soon as possible.

The Client may submit a request to EVA to amend the agreement up to 90 days before the start of the event. EVA will inform the Client as soon as possible, in writing and substantiated, whether or not the request for amendment is granted. In connection with organisational costs, the Client owes EVA an amount of CHF 250.00 for a request to amend the agreement. If the amount of the amended agreement is more than 10% lower than the previous agreement, the difference is subject to the cancellation arrangement as stated in Article 8.

Changing the previously agreed event date is only possible if the date is unanimously approved by all suppliers of EVA, which are part of the agreed event. If suppliers attach costs to this change/displacement, the Client will be fully charged.

If it is not possible to move the event date, the Client shall owe the costs in accordance with the scale of Article 8 (cancellation) of these general terms and conditions.

In the case where EVA is fully responsible for the programme, a participant who is unable to attend may, after obtaining permission from the Client, be replaced:

•   the substitute must meet all the conditions attached to the agreement;

•   the request for substitution must be submitted in writing to EVA no later than seven days before the start of the event;

•   if the conditions of the service providers involved in the implementation of the arrangement do not oppose the substitution;

•   EVA reserves the right to charge the Client for any (additional) costs incurred for the substitution.

No later than one week before the event, a change in group size must be reported in writing by the Client to EVA. The date on which EVA has received the notice of change shall be decisive.

Article 5: Information and travel documents

If not already shared in the run-up to the event, before the start of a(n) (multi-day) event, EVA will provide the Client/Participant with a telephone number in case of emergencies.

Unless agreed otherwise, and if applicable, EVA, or a designated third-party supplier, such as a travel agency, shall provide the Client/Participant with all necessary information no later than two days before the start of an event.

At events that take place abroad, each participant must be in possession of all documents required in the country of destination or transit countries, including a valid passport, any visas, vaccinations, etc. Timely verification of the completeness and accuracy of the above is the responsibility of each participant or the Client. EVA is, under no circumstances, liable if the Client/participant cannot participate in an event due to the lack of one or more necessary documents. All consequences are at the risk and expense of the Client/participant.

Article 6: Price (change) and (advance) payment

Unless explicitly stated otherwise, all prices are:

•   excluding VAT;

•   excluding any other government levies;

•   exclusive of any (extra) costs we incur in carrying out the assignment. EVA also has the right to make a price change to the Client:

•   if, up to seven (7) days before the start of the event, there has been an increase in the transport costs, including fuel costs, levies owed or the applicable exchange rates;

•   if there is an (interim) change in the group size or program/session adjustment resulting in the need for additional staff. The permitted change in the number of participants, without consequences for an event, is 10 % compared to what has been agreed;

•   if the Client has provided incorrect or incomplete information to EVA, of which the Client could reasonably have known or should have known that it is necessary for the execution of the event and the correct execution of the event, additional costs must be incurred by EVA as a result.

EVA will notify the Client of any such price changes as soon as possible, substantiated.

Invoices will be sent to the Principal by e-mail.

Payments must be made within 21 days of the invoice date unless expressly agreed otherwise in writing.

EVA has the right, at the start of the event, to require a deposit from the Client. This deposit will be returned at the end of the agreement, with a deduction of all that the Client owes EVA under the agreement.

EVA has the right to request the Client for a down payment of the invoice amount. The down payment is at least 50% of the total invoice amount and has to be paid within 21 days after the invoice date. Failure to pay the down payment in time may result in the cancellation of the contract/event by EVA.

If the agreement is concluded within 72 hours before the start of an event, the Client must pay the full invoice amount by urgent transfer or pay cash to EVA on the spot, at the latest before the start of the event.

The Client who fails to ensure timely payment is in default by operation of law without a notice of default being required. In such cases, EVA can dissolve the agreement or demand full compliance. From the day of default, the Client owes EVA statutory interest on the (outstanding) invoice amount, as well as any additional costs incurred. EVA is also entitled to claim additional (damage) compensation for all costs already incurred in connection with the agreement.

In addition, the Client must reimburse EVA for all reasonable costs (both judicial and extrajudicial) incurred in collecting the claim.

The extrajudicial collection fees are limited to a maximum of: 

•   15% over outstanding amounts up to CHF 5’000.00;

•   10% over the subsequent CHF2’500.00 (up to CHF 10’000) and;

•   5% over the next CHF10’000 (up to CHF20’000);

•   1% over the next CHF180’000 (up to CHF200’000);

•   0.5% above CHF200’000 with a maximum of €10’000.00;

•   Each time with a minimum of CHF 150.00.

Article 7: Cancellation and Dissolution

It is the Client’s own responsibility to provide adequate (group) cancellation-, accident- and/or travel insurance before the start of the event.

The Client can only cancel the event through a registered letter to EVA. The date of the postmark will be classified as the date of cancellation.

In the event of cancellation by the Client, the following shall be due as cancellation fee from the Client to EVA:

•   up to 90 days before the start of the event: at least 70% of the total event price;

•   from 90 to 56 days before the start of the event: at least 75% of the total event price;

•   from 56 days to 30 days before the start of the event: at least 85% of the total event price;

•   from 30 to 7 days before the start of the event: 95 % of the total event price;

•   within seven days (7th day inclusive) before the start of the event: 100 % of the total event price.

The event price refers to the amount stated in the signed agreement between the Parties and any additional (cancellation) costs (to be) incurred by EVA through third-party suppliers.

In case of cancellation, the total event price will be increased by an additional amount:

•   possible cancellation costs;

•   possible reservation costs;

•   possible quotation costs;

•   any additional costs if the actual costs on the part of EVA as a result of the cancellation exceed the aforementioned cancellation costs.

In addition to the general terms and conditions of EVA, the general terms and conditions for the Hotel, Catering, and Technical Industry also apply to reservations and/or cancellations relating to hotel and/or catering and/or AV/IT services.

If managed by EVA directly, the costs for the participant(s) who, without cancelling, is/are not present at the event's start (hotel reservation) shall not be deducted from the invoice and must be paid in full by the Client to EVA.

Cancellation by the Client is not possible if cancellation of an agreement between EVA and a supplier is not possible and/or if costs are involved. If a supplier charges such costs, they will be charged in full to the Client.

In the case where the Provider has full responsibility for the event:

• EVA has the right to cancel the event up to 14 days before the start of the event if the number of registrations is less than the minimum number of participants discussed in advance.

• EVA has the right to cancel the agreement at any time prior to the event without any compensation being due to the Client, except for a possible refund of the prepaid amounts. EVA is obliged to inform the Client of the cancellation immediately.

• If EVA decides to interrupt an event already in progress, it is obliged to make every effort to ensure the participant's safe return of the participant(s).

Serious shortcomings in the implementation of the agreement by the Client or participant(s), including the improper use of materials made available, the creation of dangerous situations and the like, entitle EVA to immediately suspend its obligations, in particular, taking back the materials made available and/or discontinuing the event. EVA may dissolve the agreement in such a situation through a verbal statement to the Client or participant, followed by a written statement. In this situation, EVA is entitled to full compensation of all costs plus the costs of any damages incurred by the Client and/or participant.

EVA may suspend (the execution of) the agreement or dissolve it with immediate effect if:

• The Client fails to fulfil all obligations arising from the agreement or to do so in full or on time;

• After the conclusion of the agreement, EVA has become aware of circumstances as a result of which it has good reason to fear that the Client will not fulfil its obligations;

• Due to a delay on the part of the Client, EVA can no longer be expected to perform the agreement under the originally agreed conditions;

• If circumstances arise of such a nature that fulfilment of the agreement is impossible;

• The Client fails to provide EVA, in a timely manner, with all the necessary information (which may or may not be) necessary for the proper performance of the agreement.

If the suspension or dissolution is attributable to the Client; as a result, EVA is entitled to recover any damages it may suffer from the Client.

If the suspension or dissolution is not attributable to the Client, and if EVA has not yet performed any work, but a (down) payment has been transferred by the Client to EVA’s bank account, the (down) payment will be returned to the Client's account within ten working days. If EVA has already performed any (preparatory) work, the latter reserves the right to charge for this work based on the number of days worked and at the daily rate of CHF 1’500. If the Client has already transferred a (down) payment to the account of EVA, this will be settled with the invoice amount or deducted. If a balance remains in favour of the Client, this amount shall be transferred back to the Client's account within ten working days.

In the event of liquidation, a (request for) suspension of payment or bankruptcy, or confiscation on the part of the Client, or if the Client is no longer able to freely dispose of its equity capital,

EVA is free to terminate the agreement immediately and with immediate effect. In that case, EVA shall not owe any compensation. Any claims that EVA may have against the Client shall become immediately due and payable in the situations referred to above.

Article 8: Liability

EVA is only liable if and if stated in this article.

Participation in an event takes place at the risk of and under the own responsibility of the Client and/or participant. Except in cases of intent or gross negligence on the part of EVA, EVA is not liable for any form of damage suffered by the Client/participant as a result of accidents that occur before, during or after an event, unless and insofar as exclusion of liability may not be permitted by law. It is advised the Client and/or participant take out an appropriate insurance to cover their risks and liabilities related to the project and/or event.

EVA can only be liable for damage resulting from a material defect in the facilities it offers if this material defect can be attributed to EVA, unless this defect is not due to its fault, nor by virtue of the law, a legal act or generally accepted opinion, for the account of EVA.

EVA is, in any case, not liable for:

• damages caused by errors or shortcomings in the information, data or material prescribed or provided to EVA by the Client/participant;

• damages caused by misunderstandings, errors or shortcomings concerning the execution of the agreement if the actions of the Client/participant cause them;

• damages caused by errors or shortcomings on the part of third parties engaged by or on behalf of the Client/participant;

• damages caused by a shortcoming or wrongful act/failure on the part of executive service providers or suppliers, or their staff. (Not an exhaustive list)

• the success rate of an event

EVA is only liable for direct damage proven to be attributable to EVA’s employees. EVA is not liable for any damage caused by third-party suppliers, independent contractors, etc. Liability for indirect damages, including consequential damages, lost profits, lost savings and other indirect damages, is completely excluded. Any liability expires six (6) months after the agreement is completed.

The Client/Participant is liable towards EVA for damage or any other disadvantage caused or omitted by himself or third parties "admitted" by him.

The Client/participant indemnifies EVA against all claims of third parties, including the (reasonable) costs of legal assistance, arising in any way from the agreement between the parties, except in the case of intent or gross negligence on the part of EVA.

Client/participant is obliged to take out appropriate accident-travel-and/or cancellation insurance. In any event, EVA shall never accept liability for damage for which a compensation claim exists or is deemed to exist by virtue of an accident trip and/or accident insurance. Any EVA representative supporting the Client for any (type of) event abroad (outside Switzerland), can not be held liable for any damages caused. In this case, any damages that occur are to be covered by the Client’s/participant’s insurance.

The supplier(s) of EVA is/are deemed to take out appropriate liability and/or accident insurance. In any event, EVA does not accept any liability for damage for which a compensation claim exists or is deemed to exist by virtue of such liability and/or accident insurance and/or any other insurance to cover damage in the broadest sense of the word.

The exclusions and/or limitations of liability included in this article also apply to employees and/or representatives of EVA, the booking office and service providers involved, as well as their staff, unless and insofar as exclusion of liability should not be permitted by law.

If, during the execution of an event, an event occurs that leads to the liability of EVA, the liability will be limited to the amount(s) to which the insurance(s) taken out by EVA gives the claim.

Where applicable, if EVA is culpable deficient in its compliance with its obligations of an agreement relating to an event covered by the Travel Agreement Act, EVA shall be liable for compensation for the damage that is a direct result of the lack of performance, up to a maximum of half the travel sum, unless otherwise required by law. EVA is not liable for any loss of travel enjoyment.

Article 9: Force majeure

Shortcomings in the performance of the agreement cannot be attributed to EVA, the agreement or according to generally accepted standards.

In the event of force majeure on the part of EVA, EVA has the option of temporarily suspending the performance of the agreement. EVA will inform the Client of this in writing. If performance is impossible or permanently impossible for more than two months due to force majeure, either party may dissolve the agreement in whole or in part. EVA reserves the right to charge the Client for services already provided. EVA has no obligation in a force majeure situation to compensate for any damage to the Client. EVA advises the Client to insure itself against such risks.

Article 10: Obligations of the parties

Before or at the latest at the conclusion of the agreement, the Client is obliged to pass on all relevant information about himself and/or the participants to EVA, which may be necessary for the correct and safe execution of the agreement. This may include:

• relevant personal circumstances;

• relevant medical and conditional details;

• driver's license for car/scooter trips and the like;

• Passport/ID;

• other travel and/or accommodation documents;

• whether or not possessing a recognised swimming diploma for activities in or on the water other than touring boats.

Each participant is and remains responsible for assessing whether he/she is in sufficient condition to participate in (certain parts of) the event.

During the event, the participant is obliged to comply with instructions and directions of EVA or a service representative to promote the proper execution of the agreement.

A participant who exhibits such physical and/or psychological defects and/or causes nuisance or inconvenience to other participants or third parties, as a result of which the execution of the event is greatly hindered, which endangers the safety of himself and/or others, or who treats nature and the environment incorrectly or irresponsibly, can be excluded from (further) participation in the event by EVA or its representative. All resulting (additional) costs are at the expense of the participant and/or the Principal.

If a participant deviates from the recommended route and/or the recommended time or itinerary and deviating from the recommended time or itinerary results in extra costs, the costs will be at the expense of the participant or the Client.

All participants must show valid proof of identification at the first request of EVA.

The material made available during an event must be used by the participant in the way it is intended by virtue of its nature and the agreement. The participant must report any defects immediately. The participant may not change the material or give it to third parties for use. Any damage to or loss of material must be reported to (a representative of) EVA as soon as possible but no later than at the end of the event. Prior permission from EVA is required for any repair order.

At the end of the event, the participant will hand over the material made available to (a representative of) EVA in the same condition in which the participant received it at the start of the event and as clean as possible. EVA is entitled to charge additional costs for cleaning, transport, storage, searches, reports of loss, etc. to the Client.

Article 11: Complaints

EVA has a complaints procedure if the Client believes there is a shortcoming in the execution of the agreement.

During an event, the Principal must immediately report a complaint to the service provider concerned so that a suitable solution can be found as far and soon as possible. If this is not possible or not entirely possible and the shortcoming impairs the quality of the event, the Client must immediately report this to EVA.

If the complaint is not handled satisfactorily on the spot, the Client may submit a written and motivated submission to EVA no later than 14 days after the end of the Event.

Within 14 days after EVA has received the complaint, the Client will receive a substantive response.

The Client gives EVA four weeks to resolve a complaint in mutual consultation. After this period, a dispute arises.

Any claim, for whatever reason, as well as any right to dissolve the agreement, shall lapse in the event of late notification of a complaint, but in any case 6 months after the event or, if the event did not take place, one year after the original commencement date.

Article 12: Privacy policy

EVA respects the privacy of all users of its site and all participants in an event and ensures that the personal information received by EVA is treated confidentially. EVA uses the received data only to provide the services, goods and/or information requested. Otherwise, this information will only be used with the recipient's consent. The complete privacy policy of EVA can be read at www.eva-gva.com/privacy-policy

Article 13: Other provisions

All intellectual property rights arising from the agreement or its preparation shall belong to us or our licensors. This also applies to non-executed concepts and/or proposals.

Article 14: Applicable law and disputes

All agreements concluded by EVA fall under Swiss law. In case of litigation, the Geneva courts are exclusively competent, subject to an appeal to the Swiss Supreme Court in Lausanne.

EVA remains entitled to summon the other party to appear before the competent court according to the law or the applicable international treaty.

EVA, Geneva, general terms and conditions
Version 2.1 - July 2024