GENERAL TERMS AND CONDITIONS OF ALLOCATION AND USE – "The MIX" VISITOR BADGE
1. PURPOSE AND ACCEPTANCE
These General Terms and Conditions of Allocation and Use ("GTC") set out the contractual relationship between Metz Evénements and Customers as regards the provision of Visitor Badges for "The MIX" (an event which is due to be held at the Venue on 14 and 15 June 2023) via the Event Website. These GTC apply to Customers and all Visitors.
In requesting a Visitor Badge, Customers acknowledge that they have fully understood and unreservedly accept all the provisions of these GTC. This acceptance is confirmed prior to obtaining a Visitor Badge, when the Customer clicks on the check-box "Accept the Terms and Conditions of Allocation and Use - Visitor Badge".
When Customers request Visitor Badges in order to make them available to other Visitors, they shall duly make the latter aware of these GTC.
Unless otherwise stipulated, these GTC shall take precedence over any other clause or provision mentioned in any other correspondence or documents exchanged between Metz Evénements and the Customer. Metz Evénements may need to amend or modify these GTC. In this case, these changes shall be immediately brought to the attention of the Customer through an update on the Event Website. Any requests made prior to a change in the GTC shall remain subject to the version of the GTC in force on the date of the request.
Moreover, the use of the Event Website is subject to specific General Terms and Conditions of Use, which are available on the Event Website.
2. DEFINITIONS
"Visitor Badge" refers to a document issued by Metz Evénements, which provides access to the Venue for The MIX event.
"Customer"refers to the legal or natural person that requests a Visitor Badge.
"Metz Evénements" refers to the company "SOCIETE D'EXPLOITATION DU CENTRE DES CONGRES DE METZ METROPOLE, SAS", which organises "The MIX" and issues the Visitor Badges.
"Event Website" refers to the digital website of "The MIX", which is accessible at the following URL: https://www.themix-metz.com
"Visitor" refers to a person who has a Visitor Badge
"Venue" refers to the Robert Schuman Congress Centre in Metz.
3. CUSTOMER ACCOUNT - ONLINE REQUEST FOR VISITOR BADGES
Any Customer that wishes to request a Visitor Badge on the Event Website must first create an online account and log in. To do this, the new Customer must accurately fill in all the required fields.
If the information provided proves to be false, inaccurate or incomplete, Metz Evénements reserves the right to cancel the "Visitor Badge" application or cancel the badge's validity, if it has already been issued. In this case, the Customer shall not be entitled to any compensation. Furthermore, Metz Evénements cannot be held responsible if a Visitor Badge is invalid due to the Customer providing false, inaccurate or incomplete information. The Customer must choose a login (email address) and password (which are personal and confidential). These data shall be used to identify the customer and enable him/her to access their customer account. This step must be duly completed in order to request a Visitor Badge. The Customer hereby acknowledges and accepts that the use of his/her login and password shall be deemed as authenticating the Customer. A Customer who already has a customer account must identify themselves by clicking on the "Login" tab, and then entering their email address and password. If a Customer forgets or loses his/her password, they must request a new one, via a link sent to the Customer's email address, valid for 24 hours.
When they have logged into their customer account, Customers can then access the page that enables them to request their free Visitor Badge. Metz Evénements reserves the right to refuse a "Visitor Badge" request on the basis of objective criteria, such as the applicant's business activity. This refusal may be communicated to the Customer by any means, without any justification for the decision being required. Once Metz Evénements has validated the "Visitor Badge" request, the Customer can download his/her Visitor Badge free of charge from the Event Website.
The Visitor Badges provided via the Event Website are subject to availability. If no Visitor Badges are available after the request has been received, the Customer shall be duly informed, by any appropriate means.
Unless there is proof to the contrary, the data recorded by Metz Evénements shall act as proof for all the transactions carried out between Metz Evénements and the Customer.
4. TERMS AND CONDITIONS FOR THE USE OF VISITOR BADGES AND ACCESS TO THE VENUE
The Visitor Badge(s) ordered by the Customer are sent to the Customer concerned in a downloadable PDF format. They contain a barcode.
Each Visitor must present their Visitor Badge on site when they come to "The MIX" event. Visitors may choose to print their Visitor Badge or keep it in digital format, for the purpose of presenting it on site. To be valid, a printed Visitor Badge must be printed in portrait mode (vertical), on a blank white (front and back) A4 sheet of paper, without changing the print size.
The print quality of the Visitor Badges must be good. Visitor Badges that are partially printed, soiled, damaged or illegible will not be accepted and will be considered invalid. In the event of poor print quality, the Visitor must either reprint his/her Visitor Badge or present it in digital format. Metz Evénements declines all responsibility for any anomalies that may occur during the printing of the Visitor Badges.
Each Visitor Badge downloaded can only be presented once, thus enabling a single individual to access the event. Metz Evénements is not obliged to check the identity of the person that presents a printable Visitor Badge against the name registered for the Customer or Visitor (the first person to present the Visitor Badge is presumed to be the legitimate holder of the Visitor Badge and therefore the registered Customer or Visitor); however, Metz Evénements may refuse access to "The MIX" event, if it finds the same Visitor Badge is being used by several people and that access to "The MIX" has already been granted to the holder of the Visitor Badge in question.
Moreover, we recommend that Visitors carry a valid, official identity document with a recent photograph, which they can present during the various checks.
Resale of Visitor Badges: the resale of Visitor Badges is prohibited. Please note that it is an offence to resell tickets/access badges to an event without the organiser's authorisation. This offence is punishable by up to three years' imprisonment and a fine of €15,000 (Art. 313-6-2 of the French Penal Code).
5. VENUE ACCESS CONTROL AND SECURITY MEASURES - HEALTH PASS
The Visitor Badge gives the holder the right to access the Venue on the dates and times indicated on the Visitor Badge. In no way does it grant any other rights to the Visitor.
Accessing the Venue implies the Visitor unreservedly accepts the provisions of the Venue's internal regulations (document displayed at the Venue).
The Visitor Badge must be presented during the access control at the Venue. Any person who is not in possession of a valid access badge issued by Metz Evénements may be removed from the Venue site. All persons with a valid Visitor Badge shall comply with the security measures adopted by Metz Evénements or provided for in the Venue's internal regulations, or otherwise face possible expulsion from the site and prosecution. Please note that any person that exits the Venue during the event may not return.
5.1 SECURITY CHECKS
While on the Venue site, Visitors accept to undergo security searches and agree to visual inspections of their hand luggage by any police officer and/or any representative of Metz Evénements that is certified by the regional or inter-regional accreditation and verification commission (commission régionale ou interrégionale d’agrément et de contrôle), in accordance with the legislative and regulatory provisions in force.
Visitors may be asked to show any objects they are carrying. Bulky objects (such as suitcases, backpacks, shopping bags and other objects mentioned in the Venue's internal regulations) are not allowed in the Venue and may be confiscated or seized, or lead to the person concerned being refused access to the Venue.
Any person that refuses to comply with the security measures and checks set out in this Article shall be refused entry to the Venue.
The Visitor Badge must be kept for the duration of the Visitor's presence at the event.
5.2 SPECIFIC ACCESS RESTRICTIONS - PROHIBITED BEHAVIOUR
Any person that arrives at the Venue in a state of inebriation or under the influence of drugs shall be refused entry to the Venue, and shall not be entitled to claim any form of compensation.
All Visitors that enter the Venue shall comply with these GTC, the Venue's internal rules and regulations, as well as with all legislative and regulatory texts relating to security.
Any person that displays violent, racist or insulting behaviour – as well as any person presenting themselves in a state of inebriation or under the influence of drugs – is strictly forbidden from entering the Venue.
Moreover, it is forbidden to:
- endanger the safety of people and property in any way.
- damage, move or use the furniture and facilities in the Venue's different spaces in any way that is not in line with their purpose.
- damage or carry out any action that could potentially damage the furniture, structures, facilities or spaces in the Venue.
- behave in any way that may cause injury or a disturbance to others.
- incite hatred or violence towards any person present on the Venue site in any way whatsoever.
- bring or attempt to bring any insignia, signs or symbols into the Venue that evoke racist and/or xenophobic ideologies.
- introduce or attempt to introduce any object into the Venue that could be used as a weapon or projectile, including any object that is prohibited by the Venue's internal regulations.
Metz Evénements reserves the right to refuse access to the Venue or expel any Visitor who violates these restrictions, or who behaves in any way that may be deemed inappropriate or harmful to the event or its participants. In such cases, the Visitor(s) concerned shall not be entitled to claim any form of compensation.
5.3 HEALTH PASS
Due to the health context linked to the Covid-19 pandemic, Visitors are hereby informed that access to the Venue may be subject to the presentation of a valid Health Pass. In this case, all persons who wish to enter the Venue undertake to comply with the applicable regulations and to present their Health Pass, via the TousAntiCovidapplication or in paper format.
Metz Evénements cannot be held responsible in the event a person is refused access to the Venue due to the fact they do not have a Health Pass, or due to a non-compliant Health Pass. In this case, the Customer or the Visitor in question shall not be entitled to claim any form of compensation from Metz Evénements.
6. CANCELLATION OR POSTPONEMENT OF "THE MIX"
In the event "The MIX" is postponed, for any reason whatsoever (including by decision of Metz Evénements, in the event of Force Majeure or due to the consequences of the Covid-19 pandemic), the Visitor Badges will remain valid for the new dates of the event.
Should the event be cancelled, for any reason whatsoever (including by decision of Metz Evénements, in the event of Force Majeure or due to the consequences of the Covid-19 pandemic), the Customer may not claim any compensation from Metz Evénements in relation to this.
7. RESPONSIBILITY
Metz Evénements cannot be held responsible for the non-performance or poor execution of its obligations in relation to a request for and/or provision of a Visitor Badge, if the reason for that non-performance or poor execution is due to the Customer's or the Visitor's actions, the unforeseeable and uncontrollable act of a third party and/or a case of force majeure, as defined in Article 1218 of the French Civil Code and the jurisprudence of the French courts.
Furthermore, Customers/Visitors are asked to keep an eye on their personal belongings at all times. Metz Evénements declines all responsibility in the event any personal belongings are damaged or stolen during the event, and advises against bringing valuable items into the Venue. Metz Evénements cannot be held responsible for any acts of vandalism, wilful destruction, violence or theft committed by a Visitor during the event; the Visitor concerned shall bear full responsibility for such wilful acts.
Similarly, Metz Evénements cannot be held responsible for any breakdowns and technical problems concerning hardware, programmes and software or the Internet network, which may cause the Event Website's service to be interrupted or shut down and render the customer accounts inaccessible.
8. CUSTOMER SERVICE
For any further information or questions, Customers may contact the Customer Service of Metz Evénements:
Tel.: +33 (0)3 67 34 05 40 / Email: contact@themix-metz.com / Postal address: 100 Rue aux Arènes, 57000 Metz, France
9. COMPULSORY ENFORCEMENT
Given the specific nature of the services concerned and the essential expertise required to perform Metz Evénements' obligations, it is hereby specified that the application of the provisions of Articles 1221 and 1222 of the French Civil Code are expressly excluded.
10. PERSONAL DATA
10.1 DEFINITION
"Data Protection Laws" refers to the current legislation and regulations in force concerning the processing of personal data and, notably, the French Data Protection Act No. 78-17 of 6 January 1978, as amended; and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable since 25 May 2018 (hereinafter referred to as the "GDPR").
"Data" refers to any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
10.2. Metz Evénements, acting as a Data Controller within the meaning of the European Regulation 2016/679 (GDPR), will process the Customer's Data for the purposes of:
- A) Managing and monitoring the contractual or pre-contractual relationship (processing of Visitor Badge requests, event administration);
- B) Operating, developing and managing customer/prospect databases (sending newsletters, commercial prospecting, processing requests to exercise rights, managing contact requests);
- C) Improving and personalising the services provided to Customers (producing statistics, conducting satisfaction surveys, managing newsletter subscriptions);
- D) Transferring personal data to partners as part of a business relationship (transfers);
- E) Ensuring compliance with legal obligations.
The legal basis for the processing of personal Data, whose purpose falls within the above-mentioned categories, is:
- For category A): the performance of the contract or the fulfilment of pre-contractual measures taken at the Customer's request.
- For categories B) and C): the legitimate interest that these categories represent for Metz Evénements.
- For category D): the Customer's consent. This may be withdrawn at any time afterwards.
- For category E): compliance with legal and/or contractual obligations.
The categories of Data processed in this context are identification Data (such as the Data Subject's last name, first name), contact Data (such as the Data Subject's postal address, email address, telephone number), economic and financial Data (such as the Data Subject's employer, position / professional activity).
The recipients of the Data are the relevant departments of Metz Evénements, partners, such as the entities of the GL events Group, and certain service providers. Some of these recipients may be located outside the European Union. Where necessary, appropriate safeguards have been put in place, in particular through the inclusion of the standard data protection clauses adopted by the European Commission.
Metz Evénements shall store the Data for the time required to perform the operations for which they were collected, in accordance with the aforementioned Regulation 2016/679, and for the time required to fulfil its legal obligations and/or, if Metz Evénements and/or the entities of the GL events Group carry out commercial prospecting, for a maximum period of three years from the last actual contact with the prospect/customer, unless exceptions are justified by a particular context.
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, as amended, and the European Regulation 2016/679 (GDPR), Customers may exercise their rights concerning the processing of their Personal Data, and in particular their right to access, rectify and oppose the use of their Data. To exercise this right, Customers should write to Metz Evénements at the following address: 100 Rue aux Arènes, 57000 Metz, France or send an email to: datametz@gl-events.com
Customers may also file a claim with the CNIL (French Data-protection Commission).
10.3. All information concerning Metz Evénements' processing of data in relation to the use of the Event Website is contained in its Privacy Policy, which is available at the following URL address: https://www.themix-metz.com/mention-legales-cgu-politique-de-confidentialite-politique-cookies
11. IMAGE RIGHTS
By accessing the Venue during the event, Visitors accept that their image and/or voice may be recorded and captured on various types of media by Metz Evénements and/or any person authorised by the latter, and that these recordings may be reproduced and represented, in whole or in part and with no limits in terms of quantity, on any internal or institutional communication and/or advertising media concerning Metz Evénements or the GL events Group. The recordings made and selected in this way must be reproduced exclusively within this framework; any other use of these recordings is subject to the Visitor's prior express written agreement. This authorisation is provided completely free of charge, and the use of a Visitor's image does not entitle him/her to any financial compensation. Visitors hereby waive any right to remuneration in this respect and waive any rights concerning the use of their image in relation to any potential communication actions carried out by the partners of Metz Evénements or the GL events Group.
12. APPLICABLE LAW, DISPUTES
These General Terms and Conditions (GTC), and any requests for Visitor Badges made within the framework of these GTC, are governed by French law. Any disputes or claims must be brought to the attention of the Metz Evénements Customer Service Department. Pursuant to the provisions of the French Consumer Code, if the Customer is a consumer (i.e. acting in a non-professional capacity), he/she has the right to call upon a "consumer mediator" (free of charge) with a view to finding an amicable settlement to any contractual dispute between himself/herself and a professional. If no amicable agreement can be reached, the French courts shall have exclusive jurisdiction.