GENERAL TERMS & CONDITIONS
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), based at Chemin de la Gravière 16, 1225 Chêne-Bourg, Switzerland, called "Provider". They are an integral part of the contract.
Article 1: Definitions
The following terms are used throughout these general terms and conditions. Their 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 their own behalf (or in their 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. These general terms and conditions apply exclusively to professional and commercial clients (B2B). They do not apply to consumers as defined under applicable Swiss law.
EVA Global Events (the Provider) is the organiser and contractor who offers activities and/or services to individuals, groups, organisations, and businesses. EVA Global Events is the user of these terms and conditions.
Parties means both the Client and EVA Global Events SA (hereafter referred to as 'EVA').
A representative is a person who acts on behalf of EVA, such as a supervisor of an activity (e.g., 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, project 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 (including but not limited to the rental of equipment, arranging transport, accommodation, giving instructions and the supervision of (parts of) a programme/activity, the organisation of congresses and meetings). EVA organises day-part events, 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 under which EVA undertakes, towards a Client, to organise and/or deliver a project, service or 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 working hours.
For EVA, written means by e-mail or certified letter (paper).
Client Data means all data, content, and information submitted to or processed by EVA on behalf of the Client in the course of delivering its services, including participant registration data, event-specific content, and communications data.
EVA Operational Infrastructure means all systems, templates, configurations, workflows, processes, dashboards, integrations, account structures, and operational setups created, built, or maintained by EVA in the course of delivering its services, regardless of the platform on which they reside. This includes but is not limited to EVA's proprietary methodologies, operational frameworks, project management structures, data entry frameworks, and any reusable tools or processes developed by EVA, whether or not developed in connection with a specific Client project.
EVA Pre-Existing IP means all intellectual property owned by or licensed to EVA prior to the commencement of any agreement with the Client, including but not limited to EVA's methodologies, templates, systems, tools, processes, know-how, and operational frameworks, regardless of whether such IP is used or adapted in the performance of services for the Client.
Client-Specific Deliverables means content, documents, creative materials, reports, or other outputs produced by EVA that are specific to the Client's event and expressly identified as deliverables in the relevant agreement or purchase order.
Third-Party Platform Contracts means any subscription, licence, or service agreement entered into by EVA with third-party providers (including but not limited to Cvent, AirTable, Salesforce, Google Drive, Microsoft SharePoint, or similar platforms) in EVA's own name for the purpose of delivering services to the Client.
Article 2: Applicability and Precedence
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 specific provisions of these general terms and conditions. Any deviation applies only to the agreement for which it has been expressly agreed and in writing. The Client can never invoke 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, unless EVA has explicitly accepted them in writing on a clause-by-clause basis as set out in Article 3 below.
Precedence of EVA's Terms. Where a Client presents its own contract, framework agreement, or terms and conditions for signature by EVA, the following rules of precedence shall apply: these general terms and conditions shall continue to govern all matters not expressly addressed in the Client's contract. Any clause in a Client's contract that purports to assign, transfer, or vest in the Client any intellectual property rights over EVA Operational Infrastructure or EVA Pre-Existing IP shall have no effect unless EVA has given its prior, specific, and informed written consent to that assignment in a document that expressly references this clause and identifies the specific IP being transferred. Any clause in a Client's contract that purports to require EVA to transfer, assign, or novate any Third-Party Platform Contract shall have no effect unless EVA has given its prior, specific, and informed written consent in writing. Silence or non-objection by EVA to any clause in a Client's contract shall not constitute consent to the transfer or assignment of EVA Operational Infrastructure, EVA Pre-Existing IP, or Third-Party Platform Contracts.
Amendments to these General Terms and Conditions. EVA may amend or supplement these general terms and conditions. Changes of a minor nature or minor importance may be implemented by EVA at any time. Changes that are material in nature or demonstrably to the Client's disadvantage will be notified to the Client in writing with a minimum of thirty (30) calendar days' notice prior to taking effect. If the Client does not object in writing within fifteen (15) calendar days of receiving such notice, the Client shall be deemed to have accepted the amended terms. Where the Client objects in a timely manner, the parties shall negotiate in good faith. If no agreement is reached, either party may terminate the affected agreement on reasonable notice, provided that any accrued rights and obligations remain unaffected.
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: Review and Negotiation of Client Contracts
Where a Client presents EVA with its own contract, framework agreement, mandate, or terms and conditions for signature, the following procedure shall apply: EVA shall review the Client's contract prior to signature. EVA reserves the right to propose amendments to any clause that conflicts with these general terms and conditions, particularly those relating to intellectual property, data ownership, platform contracts, liability, and governing law.
Any clause in a Client's contract that seeks to assign to the Client intellectual property rights broader than those set out in Article 13 of these general terms and conditions — specifically any clause purporting to vest in the Client ownership of EVA Operational Infrastructure or EVA Pre-Existing IP — shall be subject to express written negotiation before signature. EVA's signature of a Client's contract shall not be construed as acceptance of any such broad IP assignment clause unless EVA has initialled or countersigned that specific clause with an express written acknowledgement of the scope of the transfer.
EVA shall not be bound by any clause in a Client's contract that was not specifically drawn to EVA's attention prior to signature, and that materially departs from the protections set out in these general terms and conditions with respect to intellectual property, data, and platform contracts.
Where EVA identifies a conflict between a Client's contract and these general terms and conditions, EVA shall notify the Client in writing. The parties shall negotiate in good faith to resolve the conflict. If no resolution is reached, EVA reserves the right to decline to enter into the agreement.
Article 4: 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, a financial overview, resource allocation, and a task description. 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 issued by EVA are preliminary estimates of the project's cost and feasibility. They do not engage the Provider to deliver the services proposed.
The contract is concluded by the Provider's written, signed acceptance of the offer (including a description of the service and pricing), provided that this acceptance ("Order") reaches the Provider before the validity period specified in 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, several services or offers are combined.
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 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 the day of work. The maximum number of hours is 8 working hours a day. For extra hours, they will be charged at the daily rate.
Expenses related to travel, meals, and accommodation for EVA employees supporting 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 5: Execution and Amendment of the Agreement
Nature of EVA's obligation. EVA carries out all agreements with the greatest care and expertise. For services of a coordinative, advisory, or organisational nature (including planning, supplier management, on-site supervision, and project management), EVA's obligation is an obligation of means (obligation de moyens / Bemühenspflicht) under the principles governing mandate agreements (CO Art. 394 et seq.): EVA shall apply all reasonable professional skill and diligence but does not guarantee a specific outcome. For services consisting in the delivery of a specific, defined result expressly identified as such in the relevant agreement or purchase order — such as the production of a creative document, the reservation of a specific venue, or the booking of specific transport — EVA's obligation in respect of that specific deliverable shall be assessed in accordance with the principles governing work contracts (CO Art. 363 et seq.). The nature of the applicable obligation shall, where relevant, be identified in the individual agreement. Where not expressly identified, the obligation of means shall apply as the default.
Subcontractors and third-party suppliers. EVA is allowed to use the services of third parties and subcontractors in the execution of the agreement. Any costs will be charged to the Client. Where EVA engages third parties, the Client will be informed of this in advance. For events of significant scope, EVA will, upon request, identify its principal subcontractors (such as the venue, catering provider, and AV/technical supplier) in the relevant agreement or a separate annex. EVA will not substitute any subcontractor expressly named in the agreement without notifying the Client in writing and obtaining the Client's written consent, which shall not be unreasonably withheld. EVA is only bound by the agreement and/or amendments and/or additions thereto if EVA has accepted them in writing. Where EVA or its employees receive any material financial benefit from a supplier (such as a volume rebate or commission) in connection with a specific Client engagement, EVA will disclose this to the Client on request.
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 and not limited to, safety.
Implementing what has been agreed upon partly depends on local (weather) conditions/circumstances. If there is no guidance from EVA during an event, the Client is responsible for any programme changes, when required, and/or for the execution of the event and its related sessions. If EVA provides guidance, the programme will be changed in mutual consultation with the Client.
EVA may amend the agreement and/or the offered event if important circumstances are communicated to the Client without delay. If possible, EVA will offer an alternative that preserves the event's character as much as possible and fits within the Client's budget. The Client may reject the amendment only if the alternative has a substantially different character from the original event or otherwise causes a disadvantage of more than 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 CHF 250.00 for a request to amend the agreement. If the amount under the amended agreement is more than 10% lower than under the previous agreement, the difference is subject to the cancellation arrangement set out in Article 8.
Changing the previously agreed event date is only possible if it is unanimously approved by all EVA suppliers participating in the 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 set out in 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 6: 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 held abroad, each participant must be in possession of all documents required by the destination or transit countries, including a valid passport, any visas, and proof of vaccinations. 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 7: Price (Change) and (Advance) Payment
Unless explicitly stated otherwise, all prices are: excluding VAT; excluding any other government levies; exclusive of any (extra) costs incurred 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 programme/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 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 Client by e-mail. Payments must be made within 21 days of the invoice date unless expressly agreed otherwise in writing.
Payment schedule. For agreements with a total value exceeding CHF 15,000, unless the parties agree otherwise in writing, the following default payment schedule applies: a first instalment of at least 50% of the total invoice amount is due within 21 days of the date of the written agreement; a second instalment of at least 35% of the total invoice amount is due no later than 60 days before the start of the event; and the remaining balance is due within 21 days following the conclusion of the event, upon receipt of the final invoice. For agreements with a total value of CHF 15,000 or below, a single down payment of at least 50% of the total invoice amount is due within 21 days of the date of the written agreement, with the balance payable within 21 days of the final invoice.
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, less all amounts the Client owes EVA under the agreement. Failure to pay any instalment on time may result in EVA suspending or cancelling the contract/event.
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.
Default and interest. The Client who fails to ensure timely payment is in default by operation of law (CO Art. 102) without the need for a notice of default. In such cases, EVA can dissolve the agreement or demand full compliance. From the day of default, the Client owes EVA default interest at the statutory rate of five per cent (5%) per annum on the outstanding invoice amount (CO Art. 104), as well as any additional documented costs incurred. EVA is also entitled to claim additional compensation for all costs already incurred in connection with the agreement.
Collection costs. In addition, the Client must reimburse EVA for all reasonable and documented costs -both judicial and extrajudicial- incurred in collecting the claim, including reasonable attorney’s fees and debt collection agency fees. The amount of such costs shall be assessed by the competent court or, where agreed by the parties, determined by reference to the applicable cantonal tariff or a fixed amount agreed in writing. A minimum collection fee of CHF 150.00 applies in all cases of default. EVA shall endeavour to pursue collection in a cost-proportionate manner.
Article 8: 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.
Cancellation fees — general. In the event of cancellation by the Client, the following shall be due as a cancellation fee from the Client to EVA. These fees are set by reference to the categories of costs EVA incurs or commits to at each stage of preparation (including supplier commitments, staff allocation, and operational expenditure), and are intended to represent a genuine pre-estimate of EVA's loss at each interval (excl. the applicable Swiss VAT rate) :
up to 90 days before the start of the event: 70% of the total mandate price;
from 90 to 56 days before the start of the event: 75% of the total mandate price;
from 56 days to 30 days before the start of the event: 85% of the total mandate price;
from 30 to 7 days before the start of the event: 95% of the total mandate price;
within seven (7) days (7th day inclusive) before the start of the event: 100% of the total mandate price.
The mandate 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 any dispute regarding the proportionality of these fees, EVA shall be entitled to produce evidence of its committed costs at the relevant cancellation date. The Client may, in accordance with CO Art. 163(3), request judicial review of any fee it considers disproportionate to EVA's actual damages, and EVA shall cooperate with any such review in good faith.
In case of cancellation, the total mandate price will be increased by an additional amount covering: 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.
Cancellation due to force majeure affecting the Client. Where the Client cancels an event and can demonstrate, to EVA's reasonable satisfaction, that the cancellation is directly and exclusively caused by a qualifying force majeure event as defined in Article 10 that prevents the event from taking place (including but not limited to a government-imposed prohibition on gatherings, a public health emergency requiring cancellation, or a travel ban preventing the majority of registered participants from attending), the following alternative arrangements shall apply in lieu of the standard cancellation fee scale, provided that the Client notifies EVA by registered letter as soon as the force majeure event is known and in any case no later than the start date of the event: EVA will work with the Client to identify a mutually agreeable alternative date within twelve (12) months; any costs already committed by EVA to third-party suppliers that are non-refundable shall remain payable by the Client in full, irrespective of rescheduling; if rescheduling is not possible within the twelve-month window, or if the Client elects not to reschedule, the standard cancellation fee scale set out above shall apply in full to any non-recovered third-party costs, and EVA's own documented preparatory costs shall also remain payable. This clause does not apply to cancellations motivated by commercial, budgetary, or organisational reasons on the Client's side, even if those reasons are connected to broader external circumstances.
Cancellation by EVA. 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 safe return of the participant(s).
Dissolution for cause. 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.
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; 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 for the proper performance of the agreement.
If the suspension or dissolution is attributable to the Client, 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 the Client's favour, the amount shall be transferred back to the Client's account within 10 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.
Article 9: Liability
EVA is only liable if and insofar as 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 intentional misconduct 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. Any contractual exclusion of liability for intentional acts or gross negligence is void under CO Art. 100(1), and nothing in these terms and conditions shall be construed as excluding such liability. It is advised that the Client and/or participant take out 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.
Limitation of liability for third-party acts. 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 caused by the actions of the Client/participant; 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, except where EVA was grossly negligent in selecting, instructing, or supervising such third parties or suppliers, in which case EVA's liability shall be assessed in accordance with CO Art. 97 and 101; damages arising from or related to data breaches, unauthorised access, loss of data or service interruptions caused by third-party data management platforms and tools used during the contract, including but not limited to Cvent, Airtable, Salesforce, Google Drive, Microsoft SharePoint, or similar systems, except in cases of gross negligence or wilful misconduct on EVA's part in selecting or managing such platforms.
EVA is only liable for direct damage proven to be attributable to EVA's employees. Liability for indirect damages, including consequential damages, lost profits, lost savings and other indirect damages, is excluded to the fullest extent permitted by Swiss law.
Liability cap. If, during the execution of an event, an event occurs that leads to EVA's liability, that liability shall be limited to the amount(s) payable under EVA's applicable insurance policy, where the relevant damage is covered. Where the damage is not covered by EVA's insurance, EVA's total aggregate liability shall not exceed the total fees paid by the Client under the relevant agreement, except in cases of intentional misconduct or gross negligence.
Limitation period for claims. Any claim against EVA, for whatever reason, as well as any right to dissolve the agreement, shall be brought no later than twelve (12) months after the event, or — if the event did not take place — twelve (12) months after the original scheduled commencement date. For claims arising from or relating to personal data breaches or data loss that could not reasonably have been discovered at the time of the event, the twelve-month period shall run from the date on which the Client became aware, or ought reasonably to have become aware, of the relevant breach or loss. This contractual limitation period is agreed by the parties pursuant to CO Art. 129.
The Client/Participant is liable towards EVA for damage or any other disadvantage caused or omitted by themselves or third parties "admitted" by them. 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 intentional misconduct or gross negligence on the part of EVA.
The Client/participant is obliged to take out appropriate event-, 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) cannot 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, to the extent permitted by Swiss law.
Where applicable, if EVA is culpably deficient in its compliance with its obligations under an agreement relating to an event covered by the Swiss Package Travel Act (SR 944.3), EVA shall be liable for compensation for the damage that is a direct result of the deficient performance, subject to the applicable statutory limits. EVA is not liable for any loss of travel enjoyment, except as required by applicable mandatory law.
Article 10: Force Majeure
Definition. Force majeure means any event or circumstance beyond EVA's reasonable control that prevents or significantly impedes the performance of its contractual obligations, including but not limited to: natural disasters (earthquake, flood, storm, fire); pandemics, epidemics, or public health emergencies declared by competent authorities; acts of war, terrorism, civil unrest, or government-imposed restrictions; governmental or regulatory orders or prohibitions (including travel bans or venue closures); strikes or industrial action not involving EVA's own staff; and failure or unavailability of essential infrastructure (transport networks, energy supply, communication systems). Force majeure does not include circumstances that were foreseeable at the time of contracting or that are attributable to EVA's own acts or omissions.
Where EVA is unable to perform or is significantly impeded in performing its obligations due to force majeure, within the meaning of CO Art. 119 and the principles of Swiss contract law, such non-performance shall not constitute a breach of contract, provided that EVA notifies the Client in writing without undue delay and takes all reasonable steps to mitigate the impact.
In the event of force majeure, 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 consecutive months due to force majeure, either party may dissolve the agreement in whole or in part by written notice. In such a case, EVA reserves the right to charge the Client for all services already performed and costs already committed prior to the force majeure event, to the extent they represent genuine, documented expenditure. EVA has no obligation in a force majeure situation to compensate for loss of anticipated benefit or any indirect damage to the Client. EVA advises the Client to insure itself against such risks.
Article 11: Health, Safety and Duty of Care
EVA's approach to health and safety. EVA takes the safety and wellbeing of participants seriously and organises its events in accordance with applicable Swiss health and safety law, including the Federal Labour Act (ArG) and the Accident Prevention Ordinance (VUV) to the extent applicable to its activities as an event organiser. EVA does not hold a formal safety management certification (such as ISO 45001 or equivalent), and does not represent that it does. The obligations set out in this article reflect EVA's practical approach to safety as part of its general duty of care as an organiser.
Risk awareness for physical and outdoor activities. For events that include physical, outdoor, or adventure activities (such as team sports, hiking, water activities, or similar), EVA will, prior to the event, carry out a reasonable assessment of the foreseeable risks associated with the planned activity, taking into account the nature of the activity, the venue, and any relevant information provided by the Client regarding participant profiles. EVA will communicate any significant identified risks to the Client in advance and will, where necessary, adapt the programme or put in place appropriate safety measures. This risk assessment is a practical operational step and does not constitute a formal or certified safety audit.
Client's obligation to inform. The Client is responsible for informing EVA, in writing and in advance, of any known health conditions, physical limitations, or other circumstances affecting participants that are relevant to the safe conduct of the planned activities. EVA may adapt or restrict participation in specific activities based on information provided by the Client. EVA cannot be held responsible for risks arising from information that the Client failed to communicate.
Emergency preparedness. For all events, EVA will ensure that at least one EVA representative or designated on-site contact is reachable during the event and is aware of the location of the nearest emergency services. For events involving physical or outdoor activities, EVA will ensure that basic first aid resources are available on-site or that access to such resources has been arranged with the venue or supplier.
Health protocols. Where the Client requests specific health or hygiene protocols for an event (such as those relating to infectious disease prevention), EVA will make reasonable efforts to implement the requested measures, subject to feasibility and the cooperation of the relevant venue and suppliers. Any additional costs arising from such requirements will be charged to the Client. EVA does not represent that any such protocols guarantee the prevention of illness or infection among participants.
Participant responsibility. Each participant is personally responsible for assessing their own fitness to participate in any given activity. EVA reserves the right to exclude any participant from an activity if, in EVA's reasonable judgement, participation poses a risk to that participant or to others, regardless of whether the Client has provided prior information about that participant.
Article 12: Environmental and Sustainability Practices
EVA's approach. EVA is aware of the environmental impact of events and makes reasonable efforts to reduce that impact in the course of planning and delivering its services. EVA does not hold any formal environmental certification (such as ISO 14001 or equivalent) and does not represent that it does. The commitments in this article reflect EVA's current practical approach and are subject to the constraints of the available venue, supplier market, and project budget.
What EVA will do as a matter of course. In the execution of its services, EVA will: take into account environmental considerations when selecting suppliers and venues, where alternative options of comparable quality and cost are available; avoid unnecessary waste in its own operational activities (printing, materials, catering surplus) where this is within EVA's direct control; and communicate to the Client any significant environmental constraints or trade-offs identified in the planning process.
What EVA will do on request. Where the Client expressly requests it in writing and within a reasonable timeframe before the event, EVA will make reasonable efforts to: identify suppliers or service options that have a lower environmental impact (such as local catering suppliers, venues with a published environmental policy, or transport options with lower carbon emissions); assist the Client in estimating the approximate carbon footprint of the event based on available data from suppliers, noting that any such estimate is indicative only and is not a certified measurement; and adjust the programme or logistics to reduce waste or emissions, subject to any associated additional costs being borne by the Client.
Scope and limitations. EVA cannot guarantee specific environmental outcomes and does not accept liability for any failure to achieve a particular sustainability target unless that target has been expressly agreed in writing as a contractual deliverable. EVA's ability to implement environmental measures is dependent on the cooperation and capabilities of third-party suppliers and venues, which EVA does not control. Where the Client has its own sustainability reporting obligations or supply chain requirements, the Client is responsible for communicating these to EVA at the time of contracting, and EVA will indicate what information or support it is able to provide within the scope of the agreement.
Article 13: Complaints
EVA has a complaints procedure if the Client believes there is a shortcoming in the execution of the agreement. During an event, the Client 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.
Limitation on claims. Any claim, for whatever reason, as well as any right to dissolve the agreement, shall lapse if not notified to EVA within the time limits set out in this Article and in Article 9 above. For the avoidance of doubt, the twelve-month limitation period set out in Article 9 governs the commencement of legal proceedings and is distinct from the 14-day complaint notification period set out in this Article.
Article 14: Confidentiality
Mutual obligation. Each party undertakes to keep confidential all information received from the other party in the context of the agreement that is not publicly available and that a reasonable person would consider to be confidential, including but not limited to: the commercial terms and pricing of the agreement; the Client's event strategy, attendee lists, and business objectives; and EVA's operational methodologies, internal processes, and supplier pricing. Each party shall use the other party's confidential information solely for the purpose of performing its obligations under the agreement and shall not disclose it to any third party without the prior written consent of the disclosing party, except as required by law or by order of a competent authority.
Permitted disclosures. Each party may disclose confidential information to its own employees, contractors, or advisors who need to know such information for the purpose of performing the agreement, provided that such persons are bound by confidentiality obligations no less protective than those set out in this article.
Duration. The obligations of confidentiality set out in this article shall apply during the term of the agreement and for a period of two (2) years following its termination or expiry.
Exclusions. The confidentiality obligation does not apply to information that: was already in the public domain at the time of disclosure; becomes public domain through no act or omission of the receiving party; was already known to the receiving party at the time of disclosure, as evidenced by written records predating the agreement; or is independently developed by the receiving party without reference to the disclosing party's confidential information.
EVA's pricing. The Client undertakes not to disclose EVA's pricing, cost structures, or supplier arrangements to third parties for the purpose of benchmarking against competitors or informing a competitive tender process without EVA's prior written consent.
Article 15: Non-Solicitation
During the term of any agreement and for a period of twelve (12) months following its termination or expiry, the Client undertakes not to directly solicit, recruit, or engage — whether as an employee, independent contractor, or in any other capacity — any individual who was introduced to the Client by EVA in the context of the agreement (including EVA's own employees and freelancers or specialists introduced by EVA to the Client). This obligation applies only to individuals with whom the Client had direct working contact through the EVA engagement and does not apply to individuals who independently approach the Client in response to a general public advertisement.
If the Client wishes to engage such an individual directly, the Client shall notify EVA in writing, and the parties shall negotiate in good faith a reasonable introduction fee reflecting EVA's investment in identifying and deploying that individual.
Article 16: Intellectual Property and Infrastructure Ownership
16.1 Fundamental Ownership Principle
The following principle governs all agreements between EVA and the Client, and applies during and permanently after the term of any agreement, regardless of any other clause in a Client's own contract: all participant data, event-specific content, and Client Data as defined in Article 1 belongs to the Client. All infrastructure — whether pre-existing or developed, adapted, or customised during the performance of services for the Client — belongs exclusively and permanently to EVA.
This distinction is absolute. It applies from the moment any agreement is entered into and survives indefinitely after the termination or expiry of that agreement. No passage of time, no volume of work performed, and no degree of customisation carried out by EVA for a specific Client engagement shall transfer ownership of EVA infrastructure to the Client.
16.2 EVA Pre-Existing IP and Operational Infrastructure
All EVA Pre-Existing IP and EVA Operational Infrastructure shall remain the sole and exclusive property of EVA at all times, including during and after the performance of any agreement with the Client. This includes, without limitation: platform account structures and subscriptions held in EVA's name; system configurations, integrations, and technical setups; workflow templates and operational processes; data entry frameworks and CRM structures (including those built within Salesforce, Cvent, Airtable, or any other platform); project management tools and dashboards; EVA's methodologies, know-how, and operational frameworks.
No agreement, framework contract, mandate, or purchase order signed by EVA shall be construed as transferring ownership of EVA Pre-Existing IP or EVA Operational Infrastructure to the Client, unless EVA has given prior, specific, and informed written consent in a document that expressly identifies the assets being transferred by name and description. The fact that EVA Operational Infrastructure was developed, built, or customised in the context of a specific Client engagement does not vest any ownership rights — present or future — in the Client.
16.3 Client-Specific Deliverables
EVA grants the Client ownership of Client-Specific Deliverables — being content, reports, creative outputs, and materials expressly identified as deliverables in the relevant agreement or purchase order — upon full payment of all outstanding invoices. Until full payment is received, all such deliverables remain the property of EVA. Platform configurations, account structures, workflow templates, operational frameworks, CRM setups, registration system configurations, and any other EVA Operational Infrastructure used to produce or host the deliverables are not Client-Specific Deliverables and remain the property of EVA regardless of context.
16.4 Licence to EVA Infrastructure
Where EVA Operational Infrastructure is used in the delivery of services to the Client, EVA grants the Client a limited, non-exclusive, non-transferable licence to use the outputs and results of that infrastructure solely for the purposes of the relevant event. This licence expires automatically upon termination or expiry of the agreement.
16.5 Broad IP Assignment Clauses in Client Contracts
Any clause in a Client's own contract that purports to assign to the Client all intellectual property "created under or in connection with" the agreement shall be interpreted as applying exclusively to Client-Specific Deliverables and shall not extend to EVA Pre-Existing IP or EVA Operational Infrastructure.
16.6 Non-Executed Concepts and Proposals
All intellectual property rights in non-executed concepts, proposals, and preparatory materials developed by EVA shall belong to EVA, regardless of whether they were developed in the context of a specific Client engagement.
Article 17: Digital and Hybrid Events
Where an agreement includes the delivery of a digital or hybrid event (an event delivered in whole or in part through a virtual platform, webcast, or online broadcast), the following provisions apply in addition to the other articles of these general terms and conditions.
Platform selection and data residency. EVA will inform the Client of the virtual platform(s) it intends to use for the digital component of the event. The Client may request alternative platforms, subject to feasibility and any additional costs being borne by the Client. Where a virtual platform involves the processing of personal data of participants, the provisions of Article 18 (Data Ownership, Protection and Privacy) apply.
Recording and broadcast rights. Unless otherwise agreed in writing, any recordings of a digital or hybrid event produced by EVA constitute Client-Specific Deliverables for the purposes of Article 16.3 and belong to the Client upon full payment of outstanding invoices. EVA does not retain any right to reuse, broadcast, or publish recordings of the Client's event without the Client's prior written consent.
Participant consent for recording. The Client is responsible for obtaining all necessary consents from participants for the recording, broadcast, and storage of the event, in accordance with applicable data protection law (including the nFADP and, where applicable, the GDPR). EVA will assist the Client in identifying consent requirements on request, but the legal responsibility for obtaining valid consent rests with the Client as data controller.
Technical requirements and the Client's environment. The successful delivery of a digital or hybrid event depends in part on the technical infrastructure on the Client's side (internet connectivity, devices, participant technical capability) and the performance of the chosen virtual platform. EVA will communicate minimum technical requirements to the Client in advance of the event. EVA is not liable for failures in digital delivery that are attributable to the Client's technical environment or to the third-party platform's infrastructure, except in cases of gross negligence on EVA's part in selecting or configuring the platform.
Platform technical failures. In the event of a material technical failure of the virtual platform during a digital or hybrid event, EVA will take all reasonable steps to restore delivery or implement a contingency. EVA is not liable for losses arising from platform failures beyond its reasonable control, provided that EVA has exercised reasonable care in selecting the platform and in preparing contingency arrangements.
Article 18: Data Ownership, Protection and Privacy
18.1 Participant and Client Data — Ownership and Return
All participant data, registration data, event-specific content, and other Client Data processed by EVA in the course of delivering its services belongs to and remains the property of the Client at all times. EVA processes such data solely in its capacity as data processor on behalf of the Client as data controller, and acquires no ownership rights over that data by virtue of processing it.
Upon termination or expiry of an agreement, EVA will, upon written request by the Client made within sixty (60) calendar days of termination, return all Client Data in a structured, commonly used, and machine-readable format within thirty (30) calendar days of that request. EVA may retain copies of Client Data only to the extent required by applicable Swiss law or regulatory obligations, and for no longer than is necessary for that purpose.
18.2 EVA Operational Infrastructure — Permanent EVA Ownership
All EVA Operational Infrastructure shall remain the sole and exclusive property of EVA permanently — before, during, and after the term of any agreement. The Client has no right to claim, copy, access, or demand the transfer of any EVA Operational Infrastructure at any point, including upon or following termination of the agreement.
18.3 No Assignment of Third-Party Platform Contracts
All Third-Party Platform Contracts are entered into exclusively in EVA's name and for EVA's operational purposes. The Client has no right to demand the assignment, novation, or transfer of any Third-Party Platform Contract to itself or to any third party without EVA's prior specific written consent.
18.4 Data Controller and Processor Roles
Where EVA processes personal data on behalf of the Client in connection with an event or project, EVA acts as data processor and the Client acts as data controller within the meaning of the Swiss Federal Act on Data Protection (nFADP, SR 235.1, in force 1 September 2023) and, where applicable, the EU General Data Protection Regulation (GDPR). The Client is responsible for ensuring that all personal data provided to EVA is collected and shared in compliance with applicable data protection law and that a lawful basis exists for its processing.
Data Processing Agreement. Where EVA processes personal data on behalf of the Client, the parties shall as a default enter into a Data Processing Agreement (DPA) prior to or simultaneously with the commencement of processing, in accordance with nFADP Art. 28 and, where applicable, GDPR Art. 28. EVA shall make its standard DPA available to the Client upon request.
18.5 Data Breach Notification
In the event of a personal data breach, EVA shall notify the Client without undue delay and where feasible within 72 hours of becoming aware of the breach; provide sufficient information for the Client to assess its obligations under the nFADP (including notification to the FDPIC under nFADP Art. 24) and, where applicable, the GDPR; and cooperate with the Client in the investigation and remediation of the breach. Where a breach originates solely within a third-party platform environment, EVA shall notify the Client promptly and assist in communicating with the relevant provider.
18.6 Cross-Border Data Transfers
Where EVA transfers personal data to countries outside Switzerland or the EEA that do not benefit from an adequacy decision, EVA shall ensure that an appropriate transfer mechanism is in place (standard contractual clauses approved by the FDPIC or the European Commission, or another recognised mechanism under applicable Swiss law).
18.7 Third-Party Platforms and Data Processing
EVA may use third-party platforms including Cvent, Airtable, Salesforce, Google Drive, and Microsoft SharePoint for data processing and storage. While EVA exercises due diligence in selecting these platforms, the Client acknowledges that transmission and storage of data through third-party platforms carries inherent risk. EVA is not liable for breaches, data loss, or service failures originating from these platforms beyond its reasonable control, except in cases of gross negligence or wilful misconduct on EVA's part.
18.8 Privacy Policy
For full details of EVA's data protection practices, Clients may consult EVA's Privacy and Data Protection Policy at: www.eva-gva.com/privacy-policy.
Article 19: 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 themselves 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 licence 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 they are 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 themselves 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 Client.
If a participant deviates from the recommended route and/or the recommended time or itinerary and this 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 20: Anti-Bribery and Ethical Conduct
Each party undertakes to comply with all applicable anti-corruption and anti-bribery laws in connection with the performance of the agreement, including the relevant provisions of the Swiss Criminal Code (Art. 322ter et seq. regarding the bribery of public officials, and Art. 322octies et seq. regarding corruption in the private sector).
Neither party shall, directly or indirectly, offer, promise, give, or accept any undue advantage — whether financial or otherwise — to or from any person (including public officials, the other party's employees, or third-party suppliers) with the intent of influencing the conduct of that person in connection with the agreement or any related business transaction.
EVA selects its suppliers on the basis of quality, price, and suitability for the relevant event. Where the Client has concerns about a particular supplier relationship, the Client may request, in writing, that EVA provide a brief explanation of the basis on which a key supplier was selected. EVA will respond to such requests in good faith and within a reasonable time.
Article 21: Termination and Post-Contract Obligations
21.1 Return of Client Data
Upon expiry or termination of an agreement for any reason, EVA shall, upon written request from the Client made within sixty (60) days of termination, provide the Client with a copy of all Client Data in a structured, commonly used, and machine-readable format. After this sixty (60) day period, EVA shall be entitled to securely delete Client Data, subject to any legal retention obligations.
21.2 EVA Infrastructure and Platform Accounts
Upon termination, EVA shall retain full ownership and control of all EVA Operational Infrastructure and Third-Party Platform Contracts. The Client shall have no right to access, claim, or demand the continuation of EVA's platform accounts, system configurations, or operational setups following termination, unless EVA has expressly agreed to such a transfer in writing prior to termination.
21.3 Outstanding Obligations
Termination of the agreement shall not relieve either party of any obligations that have accrued prior to the date of termination, including outstanding payment obligations owed by the Client to EVA.
21.4 Survival
The provisions of Articles 14 (Confidentiality), 15 (Non-Solicitation), 16 (Intellectual Property), 18 (Data Ownership, Protection and Privacy), 20 (Anti-Bribery), 21 (Termination and Post-Contract Obligations), and 22 (Applicable Law and Disputes) shall survive the termination or expiry of any agreement between the parties.
Article 22: Applicable Law and Disputes
Governing law. All agreements concluded by EVA are governed exclusively by Swiss law, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Dispute resolution - tiered process. In the event of a dispute arising out of or in connection with these general terms and conditions or any agreement concluded thereunder, the parties shall first attempt to resolve the dispute through good faith negotiation between senior representatives of each party, for a period of thirty (30) calendar days from the date on which one party notifies the other of the dispute in writing. If the dispute is not resolved within that period, either party may refer the matter to structured mediation under the Swiss Chambers' Arbitration Institution (SCAI) mediation rules, for a further period of thirty (30) calendar days. The costs of mediation shall be shared equally between the parties unless otherwise agreed. If the dispute remains unresolved after the mediation process, or if either party declines to participate in mediation, the dispute shall be referred to the courts as set out below. Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a competent court at any time.
Jurisdiction - B2B clients domiciled in Switzerland. For professional and commercial clients domiciled in Switzerland, the courts of Geneva shall have exclusive jurisdiction, subject to an appeal to the Swiss Federal Supreme Court in Lausanne.
Jurisdiction - B2B clients domiciled in EU/EFTA countries. For professional and commercial clients domiciled in a Member State of the European Union or in an EFTA country party to the Lugano Convention (revised 2007), the courts of Geneva shall have jurisdiction as the court of EVA's place of establishment. EVA additionally reserves the right to bring proceedings against any Client in the courts of the Client's domicile, in accordance with the applicable rules of the Lugano Convention.
Jurisdiction - B2B clients domiciled outside Switzerland and the EU/EFTA. For professional and commercial clients domiciled outside Switzerland and the EU/EFTA, the courts of Geneva shall have exclusive jurisdiction. EVA may, at its discretion, also elect to bring proceedings before a competent court in the Client's country of domicile.
Mandatory law. Nothing in this Article shall be construed as excluding or limiting the application of any mandatory provisions of law that cannot be derogated from by agreement under applicable Swiss private international law (PILA).
EVA Global Events SA, Geneva
General Terms & Conditions - Version March 2026

