Terms & Conditions

 

By taking note or making and paying a reservation, the customer accepts these general terms and conditions. A copy of these general terms and conditions will be provided to the customer by e-mail.

ARTICLE 1: DEFINITIONS

  • Offer: event and catering services related to the 'SERRE POP-UP' concept held at specific times at the location described on the website.

    Arena Events BV, Ottergemsesteenweg-Zuid 808 B41 9000 Ghent, Company number: BE 0836.260.556, Email address: hello@serrepopup.be

  • Client(s): the natural or legal person who accepts the ARENA EVENTS Offer as an ultimate client, including all participants in an event (whether or not they are listed by name).

  • Venue: the location where the Offering is valid, as indicated on the ARENA EVENTS Website(s).

  • Trademark: SERRE POP-UP is a registered trademark.

  • Website: www.serrepopup.be

ARTICLE 2: APPLICABILITY

  1. These general terms and conditions apply to any reservation made by the Customer, any Offer made by SERRE POP-UP and to any distance contract concluded between SERRE POP-UP and the Customer.

  2. Before the remote contract is concluded, the text of these general conditions and all necessary and useful information shall be made available to the Customer. SERRE POP-UP is only considered connected insofar as it has accepted the reservation/order in writing and the amount requested has been paid.

  3. The non-application of a clause, which has been drawn up in these general terms and conditions, may not be interpreted as waiving Arena Events BV's right to enforce it.

ARTICLE 3: OFFER

  1. The Offer is intended exclusively for sale in Belgian territory or Dutch territory, unless expressly stated otherwise on the SERRE POP-UP website or otherwise.

  2. If an Offer has a limited period of validity or is made under special conditions, this will be expressly stated in the Offer.

  3. The Offer contains a complete description of the services and products offered. The description will be sufficiently detailed to enable the Customer to make a proper assessment of the Offer.

  4. Images of the Offers are for illustrative purposes only. Location images, menus, partners for services and products, dimensions of wooden constructions, shapes, colors, quality and other data included on the Website, in catalogs or in advertisements are approximate indications.

  5. It is possible that several shifts will take place at the Location on the same evening. The Customer undertakes to be present at the Location on time and in accordance with his/her reservation.

  6. The location indicated on the Site can change if SERRE POP-UP is forced to do so. SERRE POP-UP reserves the right to use alternative similar locations within a radius of one hundred (100) kilometers around the Locations indicated on the Website.

  7. The menu as shown on the SERRE POP-UP website is indicative. SERRE POP-UP reserves the right to serve a similar menu.

  8. The name of the cook/chef for a given time is indicative. SERRE POP-UP has the right to replace the cook/chef with a cook/chef of a similar level.

  9. Any requested modification of the menu for health reasons (such as pregnancy and allergies) that takes place after the acceptance of the reservation must be communicated in writing to SERRE POP-UP at the latest 48 hours before the start of the reservation made, SERRE POP-UP bv reserving the right to modify its offer as a consequence if necessary.

  10. Each Offer contains such clear information that it is clear to the Customer what the rights and obligations are, which are attached to the acceptance of the Offer.

  11. The Offer will be valid only as long as the service has not previously been reserved by another Customer. The first-to-book principle applies as discretionary judged by SERRE POP-UP based on the logbook.

ARTICLE 4: EXECUTION OF THE SERVICES

  1. The contract is concluded at the time of confirmation by SERRE POP-UP of the reservation by the Customer and/or when full payment is received by SERRE POP-UP.

  2. SERRE POP-UP will send a confirmation of reservation by e-mail to the e-mail address indicated by the Customer. The Customer is solely responsible for the correct completion of all data.

  3. Since the contract is concluded electronically, SERRE POP-UP takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment.

  4. When creating an account, the Customer must provide SERRE POP-UP with the most current and all requested information so that the reservation can be managed optimally. Failing to do so, ARENA EVENTS reserves the right to delete the account and consider any reservation void.

  5. The Customer is responsible for the security of the personal password he uses to access his account. The Customer agrees not to disclose his password to any third party. The Customer must immediately inform SERRE POP-UP of any security risk or in the event of unauthorized use of his account.

ARTICLE 5: CUSTOMER CANCELLATION

  1. Principle: The Customer cannot cancel a reservation, nor reduce the number of participants or reserved places, except in the case of express and written agreement from SERRE POP-UP. SERRE POP-UP is not obliged to refund any payments received in the event of total or partial cancellation. The Customer shall, if payment has not been made at the time of reservation, make any outstanding payments without delay. The Offer consists of the provision of catering, accommodation and leisure services within the meaning of Article VI.53, 12° of the Code of Economic Law. The Customer can therefore not exercise a right of withdrawal except by written agreement of SERRE POP-UP and/or according to the conditions in this article.

  2. Rebooking: If for any reason, notwithstanding the fact that the cause of this cancellation is beyond the control or power of the Customer or is the result of force majeure, except for the provisions under Article 5.3, a Customer (and participants) cannot (cannot) come all or in part at the reserved time, the Customer has the possibility, calculated from the date of receipt of the cancellation email or letter before the date of the event

    • up to 14 calendar days before the reserved time to request a re-booking at another date/time where there is availability, free of charge;

    • 14 to 7 calendar days before the reserved time to request a re-booking at another date/other time where there is availability subject to payment of an administration fee of 15% of the total amount;

    • to request, 7 to 3 calendar days before the reserved time, a re-booking at another date/other time where availability exists subject to payment of an administration fee of 50% of the total amount;

    • at any time, send other persons for replacement stating their names.

  3. Cancellation in case of illness or death: Should a Customer (and participants) be unable to attend all or part of the event at the time reserved due to illness or death, the Customer has the option, in addition to rebooking in accordance with the aforementioned provision, of

    • upon presentation of a doctor's certificate or death notice up to 14 calendar days before the reserved time to request a cancellation and refund subject to payment of an administrative fee of 15% of the amount paid;

    • upon presentation of a doctor's certificate or death announcement up to 7 calendar days before the reserved time, to request a cancellation and reimbursement subject to the payment of an administration fee of 50% of the amount paid.

  4. Cancellation in case of illness or death is not possible if an Offer tailored to the Customer's needs has been worked out and accepted, or in the case of a private event taking place and for which the Offer has been exclusively reserved.

  5. All contact by the Customer in execution of Article 5 must be made by e-mail to hello@serrepopup.be stating (i) the name on which the reservation was made, (ii) the number of participants, (iii) the specific request in accordance with Article 5.

  6. If any refund is to be made by SERRE POP-UP to the Customer, it will be made within five (5) working days to the Customer on the account from which the payment was made.

  7. The amount refunded by SERRE POP-UP includes only the amount of reservation (ticket price). Any costs related to the payment, the type of payment or the payment application used will not be refunded to the Customer by SERRE POP-UP.

ARTICLE 6: CANCELLATION CONSERVATORY POP-UP

  1. In the event of unforeseen circumstances or situations of force majeure (e.g. severe weather, gusts of wind, storms, threat of thunderstorms, extreme heat, drought, odor nuisance, staff shortage, strike, fire, terrorist threat , pandemic/epidemic or other circumstances unforeseeable at the time of concluding the contract) SERRE POP-UP reserves the right to cancel the reservations and propose a new replacement time. Cancellations are made on a first come, first served basis.

  2. SERRE POP-UP may terminate the contract immediately and ipso jure at any time and without prior notice or judicial intervention in the event that the contracting party fails to comply with the provisions of these general conditions or in the event of gross negligence on the part of the Customer. Some examples are given without this enumeration being considered exhaustive: the failure of the Customer to make payments within the applicable time limits.

  3. SERRE POP-UP also reserves the right to cancel a reservation and propose a new replacement time if the occupancy rate of an evening is too low (less than 10 people).

  4. If the customer does not agree with the substitute time, the customer has the right to a full refund of the amounts paid, minus an administrative cost of 25% of the amounts paid.

  5. Other damages associated with such cancellation by SERRE POP-UP cannot be recovered by the Customer from SERRE POP-UP. Any liability of SERRE POP-UP shall be limited to the amounts paid by the Customer.

  6. Any cancellation by SERRE POP-UP will be communicated via the e-mail address provided by the Customer.

ARTICLE 7: EARLY TERMINATION

  1. SERRE POP-UP reserves the right to suspend any services with respect to a Customer if it would appear that no payment or an incomplete payment has been made, and this until a full payment has been made.

  2. SERRE POP-UP reserves the right at any time and without prior notice to discontinue any services or remove participants from the Site if the Customer does not behave as may be expected of a normal, careful Customer or if the Customer violates any regulations as set forth by SERRE POP-UP. Some examples are given without this enumeration being considered exhaustive: incidents that take place such as noise pollution, intoxication by drinks/drugs, wanton or verbal aggressive behaviour or indecent behaviour.

  3. SERRE POP-UP reserves the right to recover from the Customer in question any damage it suffers due to early discontinuation.

ARTICLE 8: PRICE AND PAYMENT

  1. During the period of validity stated in the Offer, the prices of the services and/or products offered are not increased, except for price changes resulting from specific requests by the Customer, changes in VAT rates, legal provisions or other regulations.

  2. The price applies only to the services and products mentioned in the Offer. If the Customer wishes additional services or other products, requested before or during the event itself, SERRE POP-UP has the right to charge these additional costs.

  3. Payment of the price takes place immediately upon reservation on the Website. In the event of late payment, an interest of 9% per year shall be payable from the due date without prior notice, without prejudice to SERRE POP-UP's right to charge an administrative penalty of 250.00 EUR.

ARTICLE 9: LIABILITY

  1. SERRE POP-UP cannot be held liable for possible accidents in any parking lot or spaces provided for Customers using SERRE POP-UP's services.

  2. In addition, SERRE POP-UP cannot be held liable for any damage whatsoever that would occur as a result of accidents that take place to and from the location where the event takes place.

  3. SERRE POP-UP is not liable for any damage that is caused by food safety and hygiene and for which the cook/chef is integrally responsible.

  4. SERRE POP-UP shall observe the COVID-19 measures in force. In any event, the Customer and its participants enter and stay at the Location at their own risk and undertake to observe the necessary measures in place to prevent the further spread of the SARS-CoV-2 coronavirus.

  5. Under no circumstances can SERRE POP-UP be held liable for indirect damage, such as e.g. damage for a missed opportunity, reputation damage, damage as a result of car theft, damage to clothing, damage due to the loss of goods (e.g. handbag, cell phone, etc.), etc.

  6. If SERRE POP-UP's liability is nonetheless taken into account, to the extent permitted by applicable law, the total sum to which SERRE POP-UP is maximally liable shall be limited to the amounts paid by the Customer and this for all claims that have arisen as a result of a specific event.

  7. The above limitations or exclusions of liability shall apply to the extent possible under applicable law and shall apply regardless of the liability regime including but not limited to contractual liability, tort liability, no-fault liability and liability for hidden defects, and except in the case of fraud or wilful misconduct by SERRE POP-UP.

ARTICLE 10: MISCELLANEOUS

  1. SERRE POP-UP reserves the right to refuse to serve any alcoholic beverages if circumstances warrant that choice.

  2. The restroom is located on the site and the Customer or its participants must report to SERRE POP-UP staff.

  3. SERRE POP-UP reserves the right to refuse participants if they exceed the number of reservations or if the maximum number of attendees allowed would be exceeded.

  4. SERRE POP-UP reserves the right to refuse and remove the Customer or its participants if their behavior endangers the health of staff or other guests.

  5. There is a general ban on smoking at the venue of the event.

  6. Throwing food or other objects on the floor or roof is prohibited at all times.

  7. If the Customer has specific requests in terms of food (vegetarianism, intolerances, allergies, etc.), SERRE POP-UP can only take them into account insofar as the Customer informs SERRE POP-UP at least 48 hours before the event.

  8. The chef/chef determines the menu in consultation with SERRE POP-UP.

  9. The Customer is not allowed to transfer his reservation to any third party without the prior written consent of SERRE POP-UP.

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

  1. The SERRE POP-UP Offer is protected by intellectual property rights, including but not limited to copyright, trademark, design right, database right, related rights and patents. The Customer undertakes to respect the intellectual property rights of SERRE POP-UP.

  2. Reproduction, disclosure, distribution, copying or any other use, other than in the context of personal and non-commercial use by the Customer as stated above, are not permitted without the prior written consent of SERRE POP-UP.

  3. The Customer grants to SERRE POP-UP the unconditional permission for unrestricted exploitation and use of contributions (such as but not limited to photos and videos taken during the event) through any media and in any form, for example in television and/or radio programs, for telecommunication services, websites, (mobile) applications, internet applications, etc., this worldwide and for the duration of the protection of the (intellectual) rights applicable to these contributions, without payment or other consideration. In any case, SERRE POP-UP does not bear any responsibility in this regard. The Customer shall indemnify SERRE POP-UP against any third party claims relating to the contributions made by the Customer itself.

ARTICLE 12: PRIVACY

  1. The collection, processing and use of personal data through the reservation is subject to the SERRE POP-UP privacy and cookie policy.

  2. SERRE POP-UP is committed to the protection of the Customer's personal data. SERRE POP-UP will only use or employ the data in accordance with the General Data Protection Regulation and other relevant regulations in force.

  3. SERRE POP-UP uses the personal data to enable the operation of the Website and reservation tool (without data, no valid reservation), for administrative, operational and invoicing purposes. SERRE POP-UP may communicate this information to third parties when legally required to do so.

  4. SERRE POP-UP also reserves the right to use personal data to provide the Customer and participants with informative news releases about the event, safety instructions, the operation of SERRE POP-UP, offers for new products or services of SERRE POP-UP.

  5. Personal data may also be transferred to affiliated companies or partners of SERRE POP-UP for marketing purposes, and this in so far as they are located within the European Union.

  6. SERRE POP-UP has taken all possible legal and technical precautions to avoid unauthorized access and use of personal data.

  7. The Customer always has a legal right to complete, correct or delete all or part of his personal data. The customer can contact us by sending an e-mail to hello@serrepopup.be.

  8. When visiting the Website, some data is collected for statistical purposes. These data are: IP address (anonymized via 'Google Analytics IP Anonymizing'), presumed place of consultation, hour and day of consultation and which pages were visited. When the Customer visits the Website, he agrees to this data collection intended for the purposes mentioned above. The following cookies are active:

    • Serre Pop-up
      Necessary for the functioning of the website. This cookie stores among others the chosen language, set location, login data, IP address, entered search data, made reservations and browser configuration.

    • Google Analytics
      Google Analytics collects anonymous visitor statistics. More information on http://www.google.com/policies/privacy/

  9. For further information on the processing of your personal data by SERRE POP-UP, please consult the full privacy statement via the link www.thearena.group

ARTICLE 13: WEBSITE

  1. The use of the Website is at your own risk. SERRE POP-UP cannot be held liable for possible inaccuracies in the Website or links to other websites and any damage that may result.

  2. SERRE POP-UP shall not be liable for any damage caused by intrusion or hacking of the Website, provided that SERRE POP-UP has taken all reasonable security measures in accordance with the state of the art.

  3. SERRE POP-UP is not liable for damages caused by phishing, farming or other forms of Internet fraud or other criminal activities.

ARTICLE 14: FINAL PROVISIONS

  1. Nullity of one or more provisions in these conditions does not affect the validity of the remaining provisions. In case one or more provisions are invalid or inapplicable, they will be replaced by one or more provisions of equivalent effect.

  2. Customers may address complaints regarding the services provided or any other complaint to SERRE POP-UP via the e-mail address hello@serrepopup.be. Complaints must be formulated in writing no later than five (5) working days after the event has taken place and must be supported by detailed reasons.

  3. All agreements between SERRE POP-UP and the Customer to which these general conditions apply shall be governed exclusively by Belgian law. In case of disputes, the courts of the Ghent district have exclusive jurisdiction.

  4. The Dutch version of these general conditions is binding and prevails in case the content of a translated version does not (entirely) correspond with it or allows for a different interpretation.

  5. Additional provisions or provisions deviating from these general terms and conditions may not be to the Customer's detriment and must be recorded in writing in such a way that they can be stored by the Customer in an accessible manner on a durable data carrier.