Creative Spaces – Booking Terms & Conditions

Preamble

The present Creative Spaces Booking Terms and Conditions (the “Booking Terms”) govern access to and use of the rehearsal rooms, recording rooms, performance spaces (Lab, Club) and any other creative space (each, a “Room”) operated by the CMA – Centre de Musiques Amplifiées (établissement public), whose registered office is located at 5, Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette (Luxembourg), hereinafter “CMA” or “Rockhal”, when such access is requested or booked through the Rocklab One membership portal (the “Portal”).

The Booking Terms supplement, and do not replace, the Portal Terms & Conditions, the Code of Conduct, the Privacy Policy and any specific safety, technical or operational instructions communicated by the staff of the CMA or displayed in the relevant Room. The Code of Conduct functions as the on-site behaviour and house-rules framework for the use of the Rooms. By submitting a booking request or subscription application, the Member (also referred to as the “Applicant”) acknowledges having read and accepted the present Booking Terms and the documents referred to herein.

I. Scope and Eligibility

Bookings made through the Portal take one of the following forms:

• Room Subscription: a recurring right of use of a designated rehearsal or recording Room over a fixed period (1, 3, 6 or 12 months), subject to an application and approval process described in section II.
• Individual Booking: a one-off reservation of a Room slot subject to availability.
• Availability Request: a non-binding request for the use of a performance space (Lab, Club) subject to discretionary approval by the CMA.

Bookings are reserved to active Members of the Portal who have reached the age of majority (eighteen (18) years), who have completed account verification and who have provided accurate identity, contact and (where applicable) project information. The CMA reserves the right to request additional supporting documents at any stage of the booking process.

Each Room is subject to specific access rules (project type, equipment, capacity, opening hours). The CMA reserves the right to refuse, restrict or condition access to a Room where the proposed use is incompatible with these access rules, with the technical specifications of the Room, with the safety of persons or equipment, or with the operational priorities of the CMA.

II. Room Subscription – Application and Approval

II.1 Submission of an Application

The Applicant submits a subscription application via the Portal. The application must include accurate and complete information regarding the project, its members, its objectives and its planned activity, in particular: the designated contact person (with date of birth and nationality), the list of project members, the project type and description, recording sessions and release timeline (where applicable), planned tours or concerts, previous projects, preferred time slots, requested subscription duration and preferred start date.

The Applicant warrants that all information submitted is accurate and undertakes to inform the CMA without delay of any change to that information during the term of the subscription. The submission of false, misleading or materially incomplete information may justify the immediate rejection of the application or the termination of any subscription granted on the basis of such information, without compensation.

II.2 Review and Decision

Applications are reviewed by the CMA on the basis of selection criteria including, without limitation, the artistic relevance of the project, the operational fit with the requested Room, the activity level and stage of development of the project, the balance of use across the Member community, and the availability of slots. The CMA's decision is discretionary and is communicated to the Applicant by e-mail and through the Portal within an indicative period of [PLACEHOLDER: review SLA, e.g. 4 weeks] from the closing of the relevant application window.

Where an application is rejected, the CMA shall communicate a reason of rejection through the Portal. Rejection does not prevent the Applicant from submitting a new application in a subsequent application window.

II.3 Subscription Term and Renewal

A subscription is granted for the term selected by the Applicant and approved by the CMA (1, 3, 6 or 12 months). The subscription is not automatically renewed: at the end of the term, a new application must be submitted in accordance with section II.1. The CMA may, on a discretionary basis, propose a streamlined renewal procedure to subscribers in good standing.

II.4 Personal and Non-Transferable Right

The right of use granted under a subscription is personal to the project as described in the application. It may not be transferred, sublet, lent, sold or otherwise made available to a third party, including to other Portal Members, without the prior express written consent of the CMA. Any unauthorised transfer constitutes a serious breach justifying immediate termination of the subscription without refund.

III. Right of Withdrawal of the Consumer

In accordance with Articles L.222-9 et seq. of the Luxembourg Code de la consommation (transposing Directive 2011/83/EU), where the Member acts as a consumer (that is to say, for purposes which are outside their trade, business, craft or profession), the Member benefits in principle from a period of fourteen (14) calendar days, from the day of the conclusion of the contract, within which to withdraw from the contract without giving any reason and without incurring any costs other than those provided by law.

III.1 Exercise of the right of withdrawal. To exercise the right of withdrawal, the consumer Member shall, before the expiry of the fourteen (14) calendar-day period, communicate to the CMA an unequivocal statement of their decision to withdraw, by e-mail to rocklab@rockhal.lu or by registered letter to the address of the CMA indicated in the Contact section at the end of the present Booking Terms. The model withdrawal form set out in Annex 1 of Directive 2011/83/EU may be used but is not mandatory.

III.2 Effects of withdrawal. Where the right of withdrawal is validly exercised, the CMA shall reimburse all sums paid by the consumer Member, without undue delay and at the latest within fourteen (14) days from the day on which the CMA was informed of the decision to withdraw, using the same means of payment as that used by the consumer for the initial transaction.

III.3 Service started before the end of the withdrawal period. Where the consumer Member expressly requests that the provision of the service (for example, access to a Room under a subscription) begins before the expiry of the fourteen-day period, the consumer acknowledges, in accordance with Article L.222-13 1° of the Code de la consommation, that they will lose the right of withdrawal once the service has been fully performed, and that, if they exercise the right of withdrawal during performance, they will be required to pay the CMA an amount proportional to what has been provided up to the moment of withdrawal, in proportion to the total agreed price.

III.4 Statutory exceptions. The right of withdrawal is excluded in the cases listed at Article L.222-13 of the Code de la consommation, including in particular: (i) the supply of services for accommodation, transport, car rental, catering or services related to leisure activities, where the contract provides for a specific date or period of performance (Article L.222-13 12°), which applies in particular to ticketing for events on a specific date as governed by the Ticketing Terms; and (ii) the cases listed in the other paragraphs of the same Article. The applicability of these exceptions to a given booking or subscription is assessed on a case-by-case basis. [PLACEHOLDER: legal counsel to confirm whether Room subscriptions qualify for the “leisure activities for a specific date or period” exception of Article L.222-13 12° or are subject to the standard 14-day withdrawal right; the present section is drafted on the conservative assumption that the standard right applies.]

IV. Individual Bookings and Performance Space Requests

Where a Room is made available for individual bookings, the Member may reserve an available slot through the Portal in accordance with the Room's published availability and access rules. An individual booking is firm and binding upon confirmation by the Portal.

For performance spaces (Lab, Club) and any other Room subject to discretionary approval, the Member submits an Availability Request. Such request does not, of itself, give rise to any right of use until expressly confirmed in writing by the CMA. The CMA may approve, refuse or propose alternative dates, times or formats.

V. Pricing, Invoicing and Payment

Prices for each Room and for each subscription duration are displayed on the Portal at the time of application or booking. Prices are quoted in euros, all taxes included (TTC). The applicable price is the price displayed at the time the application or booking is submitted.

Where a subscription is approved, an invoice is generated by the CMA and made available to the Member through the Portal. Payment is due within [PLACEHOLDER: payment term, e.g. 14 calendar days] of the date of invoice and at the latest before the start date of the subscription. The CMA reserves the right to suspend or cancel any subscription for which payment has not been received by the start date, without compensation and without prejudice to the recovery of sums due.

For paid individual bookings, payment is due at the time of booking through the payment service made available on the Portal. The CMA reserves the right to entrust the processing of payments to one or more specialised third-party providers, in which case the general terms and security commitments of those providers shall apply to the relevant transaction.

In the event of late payment of any sum due, the CMA may, after a reminder remaining without effect for [PLACEHOLDER: reminder period, e.g. 7 calendar days], apply late-payment interest at the legal rate applicable in Luxembourg, suspend access to the Room, and recover any costs reasonably incurred for the recovery of the debt.

VI. Cancellation and Modification

VI.1 Cancellation by the Member – Individual Bookings

The Member may cancel an individual booking through the Portal in accordance with the following framework:

• Cancellation made more than [PLACEHOLDER: free cancellation window, e.g. 48 hours] before the start of the slot: free of charge.
• Cancellation made less than [PLACEHOLDER] before the start of the slot: [PLACEHOLDER: late-cancellation fee, e.g. 50% of the slot price].
• Cancellation made less than [PLACEHOLDER: short-notice window, e.g. 12 hours] before the start of the slot, or no-show: [PLACEHOLDER: no-show fee, e.g. 100% of the slot price].

Cancellations made for documented force majeure or for justified reasons evidenced upon request (e.g. medical certificate) are not subject to fees.

VI.2 Cancellation by the Member – Subscription

An approved subscription may be cancelled by the Member by written notice sent through the Portal or by e-mail to the address of the CMA indicated in the Contact section at the end of the present Booking Terms, without prejudice to the right of withdrawal of the consumer Member set out in section III. Save in case of force majeure, where the right of withdrawal is exercised, or where another arrangement is expressly agreed by the CMA, sums already paid in respect of the current subscription term remain non-refundable. Where payment has been agreed in instalments, instalments not yet due may be waived at the discretion of the CMA where the cancellation is justified.

VI.3 No-Show Policy

In order to ensure fair access to the Rooms, the CMA records, for internal purposes only, the Member's attendance status (attended, cancelled in time, or no-show). Repeated no-shows may result, in addition to the fees described in section VI.1:

• For individual bookings: temporary suspension of the right to make new individual bookings for a period of [PLACEHOLDER: e.g. 1 month] after [PLACEHOLDER: e.g. 3] no-shows in a rolling [PLACEHOLDER: e.g. 6-month] period.
• For subscriptions: a written warning at the [PLACEHOLDER: e.g. third] unjustified absence from a recurring slot, and termination of the subscription for cause at the [PLACEHOLDER: e.g. fifth] such absence, without refund of sums already paid for the current term.

VI.4 Modification or Cancellation by the CMA

The CMA reserves the right to cancel, postpone or relocate a booking or to suspend a subscription for safety, technical, operational or programming reasons, including but not limited to: technical failure or maintenance of the Room or its equipment, scheduled or emergency works, priority programming of the venue, official instructions of public authorities, force majeure as defined in section XIII. Where the cancellation is notified less than [PLACEHOLDER: e.g. 24 hours] before the start of the affected slot for a reason other than force majeure or safety, the CMA shall, in addition to the refund or alternative slot referred to below, offer the Member a credit equivalent to [PLACEHOLDER: e.g. one (1) free individual booking of equivalent duration] as a gesture of compensation. In all other cases, the CMA shall, wherever possible, propose an alternative slot or, failing that, refund the sums paid in respect of the affected booking or pro-rata portion of the subscription. No further compensation shall be due.

VII. Check-In, Access and Identification

Access to a Room is conditional upon check-in, which may be operated through the Portal (QR code, mobile confirmation) or by the staff of the CMA on the basis of a valid identity document. Failure to check in within [PLACEHOLDER: late-arrival grace period, e.g. 30 minutes] from the start of a slot may result in the slot being treated as a no-show under section VI.3, and the slot being released to another Member.

Access cards, badges, codes or keys (where issued) are personal and non-transferable. The Member is responsible for keeping such credentials secure and for promptly notifying the CMA of any loss, theft or compromise. The CMA may charge a reasonable fee for the replacement of lost credentials.

VIII. Use of the Room

The Member undertakes to use the Room and its equipment as a prudent and diligent user, in accordance with the Code of Conduct, the technical instructions of the equipment, and the directions of CMA staff. The following obligations apply, without limitation:

• Use the Room solely for the purpose authorised by the booking or the subscription, and only during the time slot allocated.
• Refrain from accessing or using equipment, areas or services not included in the booking.
• Comply with all applicable health, safety, hygiene and accessibility rules, including any specific instructions communicated by CMA staff.
• Comply with all applicable rules regarding noise, sound levels and the protection of hearing.
• Refrain from smoking, vaping, consuming alcohol other than as expressly permitted, or consuming any illegal substance on the premises.
• Refrain from any conduct prohibited by the Code of Conduct, including any harassment, discrimination or violence against other users, staff or visitors.
• Leave the Room in the same state of cleanliness and order as it was found at the start of the slot, and report immediately to CMA staff any damage, malfunction or incident.
• Refrain from bringing onto the premises any equipment, material or substance which may damage the Room, present a safety risk or contravene applicable law.

The number of persons admitted to a Room shall not exceed the capacity indicated for that Room. The Member is responsible for the conduct of all persons whom they admit or invite to the Room, and undertakes to ensure that those persons comply with the present Booking Terms and with the Code of Conduct.

IX. Equipment, Damage and Liability of the Member

The equipment made available in the Rooms remains the exclusive property of the CMA. The Member acquires no right of ownership over such equipment by reason of the booking or the subscription. Equipment must be used solely within the Room in which it is installed and must not be removed from the premises.

The Member is liable for damage caused to the Room, to its furnishings, to its equipment or to any other premises or property of the CMA where such damage is caused by the fault of the Member or by the fault of a person admitted by the Member, in accordance with the ordinary rules of the Luxembourg Civil Code on civil liability (Articles 1382 et seq.). Liability arises whether the damage is caused intentionally, by negligence or by misuse of the Room or of its equipment, and includes the reasonable costs of repair, replacement or cleaning. The Member is not liable for damage caused by a latent defect of the equipment, by an exterior cause beyond the control of the Member, or by a third party not admitted by the Member to the Room.

The CMA may, before or upon the conclusion of a subscription, request a security deposit (caution) of [PLACEHOLDER: deposit amount, e.g. EUR 200] which is intended to guarantee the obligations of the Member under the present Booking Terms. The deposit is returned at the end of the subscription term, less any sums due to the CMA in respect of damages established in accordance with the procedure described below, of unrecovered loss, of late payment or of unpaid fees. The taking of a security deposit does not limit the Member's liability to the amount of that deposit.

Procedure for damage assessment and return of the deposit. Where the CMA observes damage at the end of a slot or of a subscription, the CMA shall notify the Member in writing without undue delay, identifying the damage observed, the supporting evidence available (photographs, repair quotes, technical reports) and the indicative cost of repair, replacement or cleaning. The Member shall have a period of fifteen (15) calendar days to submit observations, request a contradictory assessment of the damage on site, or propose an alternative reasonable cost. The CMA shall take a final decision within a further period of fifteen (15) calendar days, motivating its decision in writing. The balance of the deposit shall be returned to the Member, by the same means of payment, within thirty (30) calendar days from the final decision.

The Member is strongly encouraged to subscribe to a personal civil liability insurance policy (responsabilité civile) covering use of the Rooms. The CMA does not insure the personal effects, instruments or material brought onto the premises by the Member, by the project members or by their invitees, and accepts no liability for the loss, theft or deterioration of such items, save in cases of proven gross negligence (faute lourde) or wilful misconduct attributable to the CMA.

X. Intellectual Property and Recordings

The Member retains all intellectual property rights in the works (compositions, performances, recordings) created or rehearsed during the use of the Rooms. The CMA acquires no right in such works by reason of the simple provision of the Rooms or of their equipment.

The Member warrants that they hold all rights, authorisations and licences necessary for the lawful use, in the Rooms, of any musical work, recording, sample or other content of which they are not the sole author. Where the Member uses the Rooms for the rehearsal of their own original works, no further authorisation is required from the CMA. Where the Member intends to make a public performance, broadcast or commercial distribution of a recording produced in the Rooms (in particular where this would engage the rights of collective management societies such as SACEM, SACD, SABAM or any equivalent body), the Member is solely responsible for obtaining the corresponding authorisations and for paying the corresponding fees. The Member shall indemnify and hold harmless the CMA against any claim of a third party arising from a breach of this warranty.

Any audio or video recording, photograph or live broadcast made by the Member from a Room must be made in accordance with applicable law, including the right to image and the rights of any other person present. Honest descriptive credit indicating that a recording or rehearsal took place at the Rockhal CMA is permitted. By contrast, the following uses require the prior written authorisation of the CMA: (i) any commercial use of the trademarks, logos or denominations “Rockhal”, “CMA”, “Centre de Musiques Amplifiées” or “Rocklab”; (ii) any use suggesting an endorsement, partnership or co-production with the CMA; and (iii) any use of recognisable images of the staff of the CMA or of identifiable third parties present in common areas of the venue.

Recording of other persons. Where the Member intends to record, photograph or broadcast another person present in or near the Room (including other Members, staff, instructors or invitees), the Member shall obtain the prior, informed and freely given consent of the person concerned, including for the purpose of any subsequent publication or distribution of the recording. The Member shall, on simple request, suspend the recording of any person who objects.

XI. Security, Health and Surveillance

The CMA may implement security measures around and at the entrances of the Rockhal site, including video-surveillance limited to common access areas (entrances, corridors, reception, common circulation areas), in accordance with the applicable law (in particular Article L.261-1 of the Luxembourg Labour Code where applicable, the GDPR and the relevant guidance of the Commission Nationale pour la Protection des Données) and with the Privacy Policy. The interior of the Rooms is not subject to video-surveillance. The presence of video-surveillance in common areas is signalled by visible signage at the relevant access points. The CMA, its staff and its appointed security personnel may, at any time and for documented reasons of safety, refuse access to the premises, require a person to leave the premises, or interrupt a slot. In such cases, no compensation shall be due where the measure is justified by the conduct of the Member, of any person admitted by the Member, or by an exterior cause beyond the control of the CMA.

In the event of an accident, incident or near-miss, the Member shall immediately inform CMA staff and cooperate fully with any investigation. The Member shall comply with any evacuation, lock-down or emergency instruction without delay.

XII. Suspension and Termination for Cause

The CMA may, with immediate effect and without prior notice, suspend access to the Rooms, terminate an individual booking or terminate a subscription for cause in the event of:

• serious or repeated breach of the present Booking Terms or of the Code of Conduct;
• conduct presenting a risk to the safety of persons or to the integrity of the premises or of the equipment;
• provision of false, misleading or materially incomplete information at the time of application or during the term of the subscription;
• unauthorised transfer or sublet of the right of use;
• non-payment of any sum due, after a reminder remaining without effect;
• conduct constituting harassment, discrimination, violence or any other unlawful act on the premises;
• any conduct seriously affecting the reputation of the CMA or of the Rockhal site.

In the event of termination for cause, sums already paid in respect of the current subscription term shall remain non-refundable, without prejudice to any other right or remedy of the CMA, in particular the recovery of damages.

XIII. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under the present Booking Terms where such failure or delay results from an event that is exterior to that party, that could not reasonably have been foreseen at the time of conclusion of the contract, and the effects of which could not be avoided by appropriate measures (force majeure within the meaning of Luxembourg case-law). Such events may include, in particular and provided they meet the foregoing criteria: natural disasters, fire, flood, earthquake, epidemic or pandemic of a nature requiring exceptional measures of public authority, war, terrorism, civil unrest, official orders or instructions of competent public authorities preventing the operation of the venue, failure of essential utilities or telecommunications affecting the site, and, despite the implementation of reasonable security measures by the CMA, large-scale cyber-attacks, denials of service or other malicious third-party actions of a magnitude that exceeds the protections that may reasonably be expected of an operator of comparable activity.

Where such an event affects the use of a Room, the CMA shall, wherever possible, propose an alternative slot. Where this is not reasonably possible, the sums paid in respect of the affected booking or pro-rata portion of the subscription shall be refunded. No further compensation shall be due.

XIV. Liability of the CMA

Nothing in the present Booking Terms shall limit or exclude the liability of the CMA for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; gross negligence (faute lourde) or wilful misconduct; or any other liability that cannot be excluded under the laws of the Grand Duchy of Luxembourg.

Subject to the preceding paragraph, the liability of the CMA for any direct loss arising from a booking or a subscription is limited, per claim, to the sums actually paid by the Member in respect of the booking or, as the case may be, of the subscription term to which the claim relates.

Subject to the first paragraph of the present section, the CMA shall in no event be liable for any indirect or consequential loss, including but not limited to: loss of profits, revenue or business opportunity; loss of artistic opportunity; loss of recordings, data or content; loss of reputation; loss of anticipated savings.

XV. Personal Data

The personal data communicated by the Member in the context of an application, a booking or a subscription, as well as the data collected during use of the Rooms (in particular check-in records, attendance status, incident reports and, where applicable, video-surveillance recordings of common areas), are processed by the CMA in accordance with the Privacy Policy and with the Data Retention Policy.

XVI. Modifications, Applicable Law and Jurisdiction

The CMA reserves the right to modify the present Booking Terms. Non-material updates (typographical corrections, updates of contact details or of references) enter into force as soon as they are published on the Portal. Material modifications are notified to active subscribers and to Members holding a confirmed individual booking by an in-Portal notice and by an e-mail to the address associated with the Account, at least thirty (30) days before they enter into force. The version applicable to an individual booking already confirmed and to a subscription already approved at the date of entry into force of a material modification is the version in force at the time of the booking or of the approval; material modifications shall apply only to subsequent bookings, applications and renewals, save where the affected Member expressly accepts to be bound by the modified version. A Member who does not agree with a material modification may terminate their subscription before the date of entry into force, in which case the CMA shall refund the pro-rata portion of the sums paid in respect of the period of the subscription subsequent to the date of effective termination.

Mediation. In accordance with Articles L.422-1 et seq. of the Luxembourg Code de la consommation, where the Member acts as a consumer and where a dispute has not been resolved by direct exchange, the Member is entitled to refer the matter to a competent consumer mediation body. The competent body for the present Booking Terms is: [PLACEHOLDER: name, postal address, e-mail and website of the registered Luxembourg consumer mediator to be designated by the CMA, such as the Service de médiation pour les consommateurs of the Grand Duchy of Luxembourg or the European Consumer Centre Luxembourg].

Applicable law and jurisdiction. The present Booking Terms are governed by, and shall be construed in accordance with, the laws of the Grand Duchy of Luxembourg, without regard to its conflict-of-laws rules and subject to the mandatory rules protective of consumers in their country of habitual residence under Article 6 of Regulation (EC) No 593/2008 (Rome I). Any dispute arising out of or in connection with the present Booking Terms shall fall under the exclusive jurisdiction of the courts of Luxembourg. By way of derogation, where the Member is a consumer domiciled in another Member State of the European Union, in accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels Ia), the consumer may bring proceedings against the CMA either before the courts of Luxembourg or before the courts of the consumer's domicile, and may only be sued by the CMA before the courts of the consumer's domicile.

The present Booking Terms are valid as from April 2026.

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