CMJ MANAGEMENT COMPANY vs. PATRICIA WILKERSON.
Suffolk. December 1, 2016. – March 31, 2017.
Present: Cypher, Maldonado, & Blake, JJ.
Housing. Landlord and Tenant, Termination of lease. Summary Process. Practice, Civil, Summary process, Jury trial.
Summary process. Complaint filed in the Boston Division of the Housing Court Department on September 15, 2014.
The case was heard by MaryLou Muirhead, J.
Stephanie Schuyler (Hoang Nguyen also present) for the tenant.
John G. Hofmann for the landlord.
CYPHER, J. Patricia Wilkerson appeals from a Housing Court judgment, entered following a bench trial, that awarded the plaintiff possession of an apartment in which Wilkerson resided with her three grandchildren. Wilkerson argues that the judge erred in concluding that the conduct of her juvenile grandson constituted criminal activity that materially breached her lease. In addition, Wilkerson argues that the judge erred by striking her request for a jury trial after she failed to comply with a Housing Court pretrial conference order requiring the submission of a pretrial conference memorandum.
Background. We summarize the facts from the judge's findings, reserving some facts for later discussion. Wilkerson is a resident at the Harbor Point Apartments in the Dorchester section of Boston (Harbor Point). CMJ Management Company (CMJ) is Harbor Point's managing agent. Harbor Point is a housing development combining market-rate and subsidized units. Of the 1,283 units, 400 are subsidized pursuant to the Section 8 Housing Assistance Program of the United States Housing Act, 42 U.S.C. §§ 1437 et seq. (Section 8 program). Wilkerson had custody of her fourteen year old grandson, who, along with his two adult brothers, were authorized occupants of her apartment. In July of 2014, while playing with other children in one of the common areas of the apartment complex, the juvenile grandson fired a BB gun multiple times, injuring two juvenile residents. Later that day, a Harbor Point security guard went to Wilkerson's apartment, spoke with Wilkerson and the juvenile about the incident, and confiscated the BB gun. The parents of the injured children apparently did not pursue criminal charges. The following week Wilkerson received a notice to quit, terminating her lease.
Discussion. 1. Criminal activity. Wilkerson argues that Congress did not intend for "criminal activity" as stated in paragraph 23(c)(6) of her lease to apply to juvenile conduct but that even if it did, the judge erred in concluding that the juvenile's conduct was criminal in nature. We conclude that the clear and unambiguous language of the lease provision demonstrates Congress's intent that "criminal activity," as used in the Section 8 program statute and regulations (see note 4, supra), includes conduct by juveniles. Furthermore, although criminal charges do not appear to have been brought against the juvenile, the conduct of firing a BB gun in a public space and injuring two apartment complex residents was criminal activity (see our discussion, infra) and was therefore a material breach of Wilkerson's lease.
42 U.S.C. § 1437(a) (2012). See Barnes v. Metropolitan Hous. Assistance Program, 425 Mass. 79, 80 (1997). The inclusion of the language "any member of the tenant's household" in the lease provision coupled with the overarching goals stated in the assisted housing policy demonstrates Congress's intent to encompass juvenile conduct in the lease provision concerning criminal activity.
The judge found that the juvenile's conduct was in violation of G. L. c. 269, § 12B, a criminal statute., Wilkerson contends that because violation of c. 269, § 12B, is punishable only by a fine, such a violation should not be considered criminal activity. The lease refers only to "criminal activity," which is not specifically defined. We note that numerous criminal acts are punishable only by a fine, rather than a sentence of incarceration. Moreover, c. 269 is found under Part IV of the General Laws titled "Crimes, Punishments and Proceedings in Criminal Cases." And G. L. c. 269 specifically is titled "Crimes against Public Peace." See, e.g., First E. Bank, N.A. v. Jones, 413 Mass. 654, 661 n.9 (1992) (title of Act is "a useful indication of legislative intent"). There is also nothing in the lease that requires that the criminal activity at issue result in arrest, charge, or conviction. Thus, the argument that the violation of G. L. c. 269, § 12B, is not criminal activity is contrary to the legislative intent to enact a criminal statute to regulate this precise activity.
Although not all crimes would necessarily constitute a material breach of the lease, the conduct of the juvenile here directly threatened the health and safety of Harbor Point residents, and was, therefore, such a breach.
Where, as here, the regulations governing the tenancy "permit the owner to take an action [to terminate the tenancy] but do not require action to be taken," the owner (here, the management company) is directed to reach a decision "in accordance with the owner's standards for eviction[, and] may consider all of the circumstances relevant to a particular eviction case." 24 C.F.R. § 982.310(h)(1) (2014). Compare Department of Hous. & Urban Dev. v. Rucker, 535 U.S. 125, 136 (2002) (public housing authority's discretion to evict for household member's drug-related activity); Boston Hous. Authy. v. Garcia, 449 Mass. 727, 735 (2007) (same; "HUD policy encourages local housing authorities to engage in the individualized consideration of the circumstances of each case to ensure 'humane results'"). CMJ's decision to evict on the basis that the juvenile's criminal activity of firing a BB gun and injuring other residents was a material breach of Wilkerson's lease was a proper exercise of the discretion afforded to it. Compare Costa v. Fall River Hous. Authy., 453 Mass. 614, 616 (2009) (HUD regulations permit public housing authority to terminate recipient's participation in Section 8 program for criminal activity "that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises" [quotation omitted]).
By its plain terms, the relevant provision of Wilkerson's lease prohibits any criminal activity by a tenant or household member. The lease makes no distinction between adult and juvenile offenders. The juvenile's conduct was criminal in nature and threatened the health and safety of residents of Harbor Point. There was no error in the judge's conclusion that the juvenile's conduct constituted a material breach of the terms of the lease.
Jury demand. Wilkerson argues that she was improperly denied her right to a jury trial under art. 15 of the Massachusetts Declaration of Rights and G. L. c. 185C, § 21,, when the judge struck her jury demand after she failed to comply with a pretrial conference order. Wilkerson had requested a jury trial in her answer to the complaint. Pursuant to Mass.R.Civ.P. 16, as amended, 466 Mass. 1401 (2013), the parties were ordered to discuss a potential settlement in advance of trial and to file a pretrial conference memorandum. CMJ filed a pretrial conference memorandum, including proposed jury instructions. Wilkerson, who was not represented by counsel, did not file a memorandum and the record does not indicate that she responded to CMJ's settlement letter. The pretrial conference order identified potential sanctions that "may result" in the event a litigant failed to comply; one of the sanctions listed was striking the jury demand.
As the standing order acknowledges, a significant number of litigants appear without counsel in the Housing Court and may be unfamiliar with the Uniform Rules of Summary Process. We recognize that presiding over cases involving self-represented litigants can sometimes be difficult and challenging, particularly where one party is represented by counsel and the other is not. Nevertheless, "[w]hile judges must apply the law without regard to a litigant's status as a self-represented party, see Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985) . . . , our courts have recognized that self-represented litigants must be provided the opportunity to meaningfully present claims and defenses. See Carter v. Lynn Hous. Authy., 450 Mass. 626, 637 n.17 (2008); Loebel v. Loebel, 77 Mass. App. Ct. 740, 743 n.4 (2010)." I.S.H. v. M.D.B., 83 Mass. App. Ct. 553, 560-561 (2013). "[T]he judge's role [regardless whether a party is represented by counsel or not] remains the same. The judge's function . . . is to be 'the directing and controlling mind' [during the proceedings]," Commonwealth v. Sapoznik, 28 Mass. App. Ct. 236, 241 n.4 (1990), quoting from Commonwealth v. Wilson, 381 Mass. 90, 118 (1980), and to provide a self-represented party with a meaningful opportunity to present her case by guiding the proceedings in a neutral but engaged way.
Here, the summary process action commenced in September of 2014. At the initial hearing, pursuant to Wilkerson's jury demand, a trial was set for September, 2015. In early July, 2015, Wilkerson was notified that a pretrial conference was scheduled for September 11, 2015. At the pretrial conference, the judge struck the jury demand and scheduled a bench trial for ten days hence because Wilkerson had not filed a pretrial conference memorandum, as required by the pretrial order that had been mailed to her two months ahead of the hearing. The pretrial order's language included the potential sanctions for failure to comply.
At the pretrial conference, despite her original demand, Wilkerson did not object when the judge stated that trial would proceed without a jury. See Northeast Line Constr. Corp. v. J.E. Guertin Co., 80 Mass. App. Ct. 646, 653 (2011). Wilkerson again represented herself at the bench trial and did not object to the striking of the jury demand. A party that files a demand for a jury trial, but then, without objection by the other parties, proceeds to a trial by the court without a jury, generally is deemed to have waived her right to a jury trial. See Walcott v. O'Connor, 163 Mass. 21, 22 (1895); Henderson v. D'Annolfo, 15 Mass. App. Ct. 413, 425 n.16 (1983); Islami v. Needham, 38 Mass. App. Ct. 442, 446 (1995).
"The right of a trial by jury is declared by part 1, art. 15 of the Constitution of the Commonwealth of Massachusetts, which provides that 'parties have a right to a trial by jury; and this method of procedure shall be held sacred.'" Northeast Line Constr. Corp. v. J.E. Guertin Co., 80 Mass. App. Ct. at 649. See New Bedford Hous. Authy. v. Olan, 435 Mass. 364, 370 (2001) ("Article 15 has been construed as preserving the right to trial by jury in actions for which a right to trial by jury was recognized at the time the Constitution of the Commonwealth was adopted in 1780. . . . At that time, the common law afforded a tenant the right to trial by jury on a landlord's writ of entry, the procedure to evict a tenant after the expiration or termination of a tenancy. Thus, the right to trial by jury in eviction cases has been preserved under art. 15"). Striking a jury demand, where a party has a right to a jury and has claimed that right, must be approached with caution.
Sanctions were, of course, within the judge's discretion. A judge's decision to impose sanctions, however, must be examined under the principles of due process. See, e.g., Mass.R.Civ.P. 37(b)(2), as amended, 390 Mass. 1208 (1984) (sanction for violation of discovery orders must be "just"); Gos v. Brownstein, 403 Mass. 252, 257 (1988) (sanction of dismissal). Relevant factors in a due process examination include "the degree of culpability of the . . . party [to be sanctioned]; the degree of actual prejudice to the other party; whether less drastic sanctions could be imposed; . . . and the deterrent effect of the sanction." Keene v. Brigham & Women's Hosp., Inc., 56 Mass. App. Ct. 10, 21 (2002), S.C., 439 Mass. 223 (2003).
In considering the culpability of the party, it is not contested that Wilkerson called the court and came to the court in an effort to understand what was required of her. The notice of pretrial conference includes, among other things, the name of the court contact person and telephone number and, in fact, encourages parties to call the court contact person with any questions. Wilkerson told the judge that she had been advised by court staff to appear on the pretrial conference date. With regard to the other factors, there is nothing in the record demonstrating that CMJ suffered any actual prejudice. CMJ had already filed proposed jury instructions. The notice of pretrial conference order did not require Wilkerson to propose jury instructions. There is no indication in the record that the judge weighed any lesser sanctions. There is also no indication that the sanction of striking the jury demand in these circumstances served any deterrent effect.
It is without question that judges have the inherent authority to do what is necessary to "achieve the orderly and expeditious disposition of cases." Bower v. Bournay-Bower, 469 Mass. 690, 699 (2014) (quotation omitted). However, that authority is not without limit, and when the considerations relevant to a due process examination of the sanctions are considered against the backdrop of this particular case, they tip in favor of Wilkerson. We conclude that, in these circumstances, Wilkerson's jury demand should not have been struck before considering lesser sanctions.
Conclusion. The judgment awarding possession and costs to the plaintiff is vacated, and the matter is remanded for further proceedings consistent with this opinion.
 As agent for Harbor Point Apartments.
 "In reviewing a matter where the trial judge was the finder of fact, the findings of fact . . . are accepted unless they are clearly erroneous and we review the judge's legal conclusions de novo." Allen v. Allen, 86 Mass. App. Ct. 295, 298 (2014) (quotation omitted).
 The HUD model lease form is from December, 2007; it was signed by the parties on June 1, 2010.
See 42 U.S.C. § 1437f(d)(1)(B)(iii) (2012).
 Although the judge did not specifically find that an assault and battery occurred, the facts on the record would support such a conclusion. The lack of formal charges against the juvenile is of no consequence when determining if criminal activity occurred in violation of Wilkerson's lease.
 See, e.g., G. L. c. 269, § 15 (sale of stink bombs), § 16, first or second offense (sale to minors of arrowheads used for hunting), § 18 (failure to report hazing); G. L. c. 270, § 1A (eyeglass materials requirements), § 3A (negligent placement of rodent poison), § 6 (tobacco sale or gift to minors).
 The form on which Wilkerson checked the box requesting a jury trial referenced "Part I, Article XV of the Mass. Constitution; USPR 8; and Mass. Gen. Laws c. 218, §19B." USPR 8 refers to Rule 8 of the Uniform Summary Process Rules. "Rule 8 provides for trial by jury 'insofar as jury trial is available in the court where the action is pending.' Jury trials in summary process actions are currently available in the Housing Court (G. L. c. 185C, § 21) [and] in the Superior Court (Uniform Sum. Proc. R. 2[c] — original summary process entries ['shall be added to the next non-jury list for assignment for trial'])." New Bedford Hous. Authy. v. Olan, 435 Mass. 364, 372 n.10 (2001). General Laws c. 218, § 19B(b), as amended through St. 2011, c. 93, § 82, also provides for jury trials of summary process actions in the District Courts and the Boston Municipal Court.
 The notice of pretrial conference includes, among other things, the court contact person and telephone number and encourages parties to call the court contact person with any questions.
 See, e.g., Higgins v. Boston Elev. Ry. Co., 214 Mass. 335, 336 (1913) ("[W]ithin reasonable limits . . . the courts by rule may regulate the means by which the right to trial by jury shall be exercised or obtained"). See also New Bedford Hous. Authy. v. Olan, 435 Mass. at 370 ("The Legislature may impose reasonable conditions on a tenant's right to trial by jury before eviction, such as requiring payment of all rents due the landlord").


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redpajama_set_name: RedPajamaCommonCrawl


text:
Distribution Solutions
Global Distribution System
Rate Comparison Tool
Digital Hotel Marketing
Meta Search Marketing
Luxury Hotels Group
Ideal Hotels
Think Destinations
Booking Engine Terms and Conditions
APPENDIX 1′ GENERAL CONDITIONS
WHM GLOBAL markets to hoteliers, for use on their Internet sites, the "WHM GLOBAL SYSTEM" consisting of the online hotel room reservation software designed by it and various services and service provisions that it has developed around this software.
The WHM GLOBAL SYSTEM enables the CLIENT in particular to directly manage, in real time, the pricing conditions and the availabilities in terms of the rooms offered to visitors to the site (these visitors are also known as "Internet User(s)"), by possibly distinguishing between various categories among these Internet Users, and to obtain statistical data and promotional tools. This direct management is carried out using a specific interface. Hereinafter referred to as the "Hotelier Interface'. To access it and to grant access to the specific categories of Internet Users (travel agencies or other industry users in receipt of negotiated rates), the CLIENT is given one or more "Access Code(s)" and "Passwords(s)".
The CLIENT whose business consist of the direct or indirect operation of Hotel rooms or the proposal of commercial services or the management of a hotel brand for which it is the source, the representative or one of the components, hereby slates its interest in the use of the WHM GLOBAL SYSTEM.
1: START OF THE CONTRACT
The Contract comes into existence only on the signing by WHM GLOBAL, which takes place after that by the CLIENT. This Contract cancels and replaces all existing proposals or agreements, written or verbal between the parties and covering the WHM GLOBAL SYSTEM. This Contract can only be modified by a written addendum signed by both parties.
These General Conditions constitute, with the other elements of the Contract, an indivisible whole in the absence of which the parties would not have contracted. It prevails over any General Conditions of Purchase of the CLIENT.
2: RIGHT TO USE THE WHM GLOBAL SYSTEM — SUBJECT OF THE CONTRACT
WHM GLOBAL grants to the CLIENT, without exclusivity for this latter, a right of use in the WHM GLOBAL SYSTEM for the Official Internet Site(s) including, other than access to the system itself, the Customization by the CLIENT of the WHM GLOBAL SYSTEM in terms of colors, logos and photos, the hosting of data, dedicated telephone assistance ("Hotline"), the making available of various statistics and the updates to the WHM GLOBAL SYSTEM, all in accordance with the terms and conditions as defined herein.
3: EXCLUSIVITY
Throughout the term of the Contract, including its initial period and any renewals, the CLIENT is required to use the WHM GLOBAL SYSTEM exclusively as the reservation system on the Official Internet Site(s) of the Hotel(s), to the exclusion of any other Internet reservation system, including by forms, end must only offer room reservation on the Internet through this or these Official Internet Site(s), with the exception of specific distribution agreements in favor of Internet sites belonging to third parties, such as tour operators, travel agencies, travel portals, etc.. This is only waived by written approval from WHM GLOBAL
4: DURATION/EXPIRY
Initial Term of use will be mentioned in the contract specification.
Each of the Parties can end the Contract at the expiry of the current period, by sending a recorded delivery letter with acknowledgement of receipt stating this to the other Party, subject to a period of notice of at least sixty (60) days prior to the anniversary date of the Contract. Failing this notice within the deadline, the Contract is automatically renewed for a further period of 24 (twenty four) months.
The ending of the Contract results in the removal of the link between the Official Internet Site and the WHM GLOBAL software, as well as all other WHM GLOBAL services supplied under the Contract. It does not imply the giving up by WHM GLOBAL of any sums payable for service provisions provided, ongoing or yet to be delivered under the Contract.
In the event of the CLIENT failing to comply with the term of the Contract as stated and ending it early and unilaterally, it is hereby agreed and accepted by the CLIENT that this latter remains liable with regard to WHM GLOBAL for compensation for the loss of earnings suffered in terms of the remaining period of time from the early termination until the normal expiry of the Contract.
The Parties agree that this loss of earnings will be contractually fixed, assessed as follows:
Compensation = Monthly average of all commissions net of taxes invoiced by WHM GLOBAL to the CLIENT for the 6 (six) month period preceding the date of the early ending of the Contract, multiplied by the number of remaining months as at the date of termination, with a minimum amount of compensation of one thousand five hundred pounds (£1,500) due under all circumstances and intended to as a penalty for the default by the Client concerning the Period of the Contract.
In the event of contract being automatically renewed for a further 24 (twenty-four) months, the notice period for early termination would be revised to at least 90 (Ninety) days prior to the triggering date.
In the event of the CLIENT failing to give the set prior notice, termination of the services would legally make the client liable for, higher of, (a) Monthly average of all commissions net of taxes invoiced by WHM GLOBAL to the CLIENT for the 6 (six) month period preceding the date of the early termination of the Contract OR (b) a minimum amount of compensation of one thousand five hundred pounds (£1,500).
5 OFFICIAL INTERNET: SITE
For the effectiveness of the WHM GLOBAL SYSTEM and the balance of the Contract, there can only be one Official Internet Site per Hotel, with the exception of a site grouping all of the Hotels of a single group as well as the specific site for each Hotel. A single Official Internet Site can however give access to several Hotels.
6: IMPLEMENTING THE WHM GLOBAL SYSTEM
6.1:Going online
WHM GLOBAL will forward to the CLIENT and its webmaster within a maximum of fifteen working days following the training of the personnel of the CLIENT, the information required for the implementation of the WHM GLOBAL software on the Site.
The CLIENT agrees to place the WHM GLOBAL SYSTEM online within a maximum period of 15 days after the training. For this, the CLIENT agrees namely to instruct the webmaster of its site to insert the links to the WHM GLOBAL software on the pages of its Official Internet Site, and in general to request all the work required and useful from its computer system suppliers end service providers
7: CLIENT COMMITMENTS RELATING TO THE WHM GLOBAL SYSTEM
7.1: Changes to the CLIENT's Official Internet Site
The CLIENT agrees that its Official Internet Site will remain dedicated for the hotel industry. The CLIENT agrees not to install access to the WHM GLOBAL SYSTEM on other Internet sites without the express written authorization of WHM GLOBAL which it shall remain free to grant or refuse without any requirement to state the reasons.
Furthermore, the CLIENT must immediately notify WHM GLOBAL of any change in the address of its Official Internet Site and request the prior agreement of WHM GLOBAL for the continuation of the Contract on the new site. Any change in the site, without the prior agreement of WHM GLOBAL, is comparable. IfWHM GLOBAL so deems at its sole discretion, to an early termination of the Contract at the fault of the CLIENT and gives rise to the application of the penalty as defined in the "Duration / Expiry" Article.
7.2:Updating the technical datasheets of the CLIENT'S Official Internet Site
The CLIENT further agrees, subject to its sole liability, to enter exactly and to accurately maintain up to date all the information required for the proper operation of the WHM GLOBAL SYSTEM and notably the availability of rooms and the descriptive data of the Hotel (price, facilities, etc.).
7.3: Delivery by the CLIENT of reservations made
The CLIENT agrees to supply to Internet Users the service provisions relating to their reservations made by means of the WHM GLOBAL SYSTEM, and notably at the stated rates, VAT rates and quality details and facilities.
In the event of dehosting or the impossibility of delivering the service provisions subject to the stated conditions, the CLIENT agrees to follow industry practice and notably to provide accommodation at least equivalent to that covered by the reservation and to bear all additional costs that may arise.
7.4: Access Codes and Passwords
The CLIENT is solely liable for the use of the Access Codes and Passwords as allocated by WHM GLOBAL, for the use of these, as well as for their confidentiality. The CLIENT can however change its Password at any time and subject to its liability, by using the Hotelier Interface. The CLIENT also agrees to communicate the Access Codes and Passwords allocated by WHM GLOBAL only to those Internet Users for which they are intended, and this solely by personalized means, with the exception of any making available on an Internet site.
7.5: Content of the CLIENT's Internet site
The CLIENT is solely liable for the contents of any site it creates, and notably the Official Internet Site, and for its accuracy, its legality, relevance, comprehensiveness and its reliability.
The CLIENT declares and guarantees to WHM GLOBAL that the information and elements communicated by it or present on its sites, are honest, accurate, fair and in accordance with the law, and notably that the rates communicated for comparison and price references, correspond with the normal and real prices actually used in the Hotel, excluding notably artificially increased "rack" rates, and also that this information and these elements do not infringe any third party rights and in particular the copyrights, trademark and other intellectual property ownership rights of third parties.
The CLIENT agrees that the content of its site, and notably its commercial proposals and its reservation pages comply with all applicable legislation, in particular that relating to the protection of consumers, the statement of its General Conditions of Sale, in particular for cancellations, concerning advertising, distance and Internet selling.
7.6: Guarantee against third party complaints
The CLIENT agrees to guarantee WHM GLOBAL against all claims by Internet Users or other third party sites concerning the content of the site or the information and images used by WHM GLOBAL and the service provisions of the CLIENT and agrees to indemnify WHM GLOBAL for any rulings that may be made against this latter, as well as for all losses, direct and indirect, including court costs and reasonable fees for legal representation, that may arise for WHM GLOBAL.
7.7: Possibility of secure payment system
WHM GLOBAL does not offer a secure payment system but can examine the possibility of interfacing with such systems. Any work by WHM GLOBAL is invoiced, in the basis of a prior quotation.
7.8: Security for the numbers and debiting of the payment/credit cards of Internet Users
An Internet User enters a payment or credit card number into the WHM GLOBAL SYSTEM to confirm the reservation, and to guarantee the availability of the room.
The CLIENT must ensure the security of the card number and keep it away from any use; the card must only be debited in the following case.
The payment or credit card can only be debited by the CLIENT if the Internet User does not show up to use the room and does not cancel the reservation ("no-shows"), and provided that this option is included in the CLIENT's General Conditions of Sale and that these were communicated to the Internet Users.
8: WHM GLOBAL'S COMMITMENTS CONCERNING THE WHM GLOBAL SYSTEM
8.1: Operation of the WHM GLOBAL SYSTEM
WHM GLOBAL operates the WHM GLOBAL SYSTEM in accordance with industry good practice and the normally applied standards in the matter.
8.2: Maintenance and upgrading of the WHM GLOBAL SYSTEM
WHM GLOBAL works to ensure the evolution of the WHM GLOBAL SYSTEM. WHM GLOBAL shall be free to assess the method and the frequency of any upgrading, with regard notably to the matter of the stability and regularity of the service, the speed and the range of technical developments and the expectations and uses of the Internet. For the purpose of carrying out the maintenance and/or upgrading of the WHM GLOBAL SYSTEM, WHM GLOBAL can interrupt or suspend access to the WHM GLOBAL SYSTEM, for the time required to make any necessary corrections. Any interruptions to the Access to the WHM GLOBAL SYSTEM, for the purposes of the maintenance and/or upgrading of the WHM GLOBAL SYSTEM notably, are required for the WHM GLOBAL SYSTEM and the CLIENT cannot claim any compensation as a result.
9: LIMITATIONS ON THE LIABILITY OF WHM GLOBAL
WHM GLOBAL is only liable for damage or share of damage resulting from its own gross and deceitful negligence. WHM GLOBAL cannot be held liable in the following and non- exhaustive list of cases:
Impossibility or time limits for the upgrading of the WHM GLOBAL SYSTEM or for maintaining the operation because of technical developments such as new languages or new standards, notably relating to software or the Internet.
Temporary suspension of the WHM GLOBAL SYSTEM for maintenance or applying software upgrades.
Impossibility of access the WHM GLOBAL SYSTEM or its proper operation because of any malfunctioning of networks.
Hardware or software failure relating to the CLIENT.
Error committed by the personnel of the CLIENT, lack of training for these personnel.
Inadequate security on the part of the CLIENT, specifically in protection of the Passwords, physical access to the hardware and backups, the protection of network accesses.
Lack of backup for the data and software by the CLIENT or inadequate or defective backup.
Failure on the part of the CLIENT in the contracted obligations, notably involving the WHM GLOBAL SYSTEM, with regard to Internet Users.
Failure of the Internet Users to comply with the obligations, including financial, they have contracted with the CLIENT, notably by means of the WHM GLOBAL SYSTEM, inappropriate behavior by Internet Users with regard to the CLIENT or customers of a Hotel.
Failure on the part of the CLIENT in the applicable legal and regulatory obligations concerning the use and the protection of personal data relating to or belonging to third parties.
Content of any of the CLIENT's Internet sites, non-compliance of any of the CLIENT's Internet sites with applicable laws and regulations.
Content of any electronic mail other than that sent by WHM GLOBAL for the operational requirements of the WHM GLOBAL SYSTEM
Failure on the part of the CLIENT to respect third party intellectual property rights.
Any damage not caused by a failure or the negligence of WHM GLOBAL.
Any third party act, in particular remote intrusion or virus attack, and any use of the WHM GLOBAL SYSTEM for harmful purposes.
Force majeure.
Under no circumstance can WHM GLOBAL guarantee any indirect damage, and notably any loss of earnings, loss of customers, loss of reputation.
The WHM GLOBAL guarantee is in any case limited globally with regard to the CLIENT and under the Contract including any extended period and/or renewal of the contract, to the amount of the remuneration paid by the CLIENT to WHM GLOBAL under this Contract.
It is the responsibility of the CLIENT to take all useful steps to understand the specific characteristics of the hardware, software, data processing and telecommunications systems and networks, to obtain such advice as it deems useful in the matter. The CLIENT understands and accepts these characteristics and the constraints and risk generated.
WHM GLOBAL has no control, of any sort, over the nature or the characteristics of the data that may be carried through its server Centre.
The Internet User makes the reservation through the WHM GLOBAL SYSTEM directly with the CLIENT and contracts directly with this letter and WHM GLOBAL is not at any time a party to the contract agreed between them.
10: FINANCIAL CONDITIONS OF THE WHM GLOBAL SYSTEM
10.1: Joining fee and connection fee
The joining fee and connection fee are payable by the CLIENT on signing the Contract, are final and irreducible, and thus retained under all circumstances by WHM GLOBAL.
10.2: Commissions on reservations made through the WHM GLOBAL SYSTEM
Commission rates:The CLIENT agrees to pay to WHM GLOBAL on the reservations made by means of the WHM GLOBAL SYSTEM remuneration in the form of a commission with a rate applicable on the date of the signing of the Contract as stated in the Contract. VAT is additional whenever required by law.Rate reviews:The financial conditions can be revised on 1st January of each year. WHM GLOBAL will then inform the CLIENT of the new price list with the revised commission rates and service provision prices, at the latest one month prior to their entry into force that is prior to 30 November of the current year. The CLIENT has a period of fifteen days as of this communication of the new price list to accept or refuse the new pricing conditions. The failure to respond is deemed as being acceptance of the new price list. In the event of the refusal the previous pricing conditions will continue in force until 31 December of the current year and WHM GLOBAL can, if it so decides, terminates the Contract for that date or for any subsequent date, but subject to the condition, in the second case, of notifying the CLIENT fifteen days in advance.
Commission bracket: Amount of ReservationsThe Amount of Reservations, which forms the bracket for the commissions due to WHM GLOBAL, means the total amount invoiced to the Internet User on the basis of the prices entered by the Hotel in the WHM GLOBAL SYSTEM, for the stay reserved by the Internet User, and including all the options and service provisions selected by this latter on the WHM GLOBAL SYSTEM (such as: flowers, champagne etc.); the commission is due for any reservation confirmed through the WHM GLOBAL SYSTEM and that has not been cancelled such as stated herein below.
The commission does not include:
Reservations made using the WHM GLOBAL SYSTEM and that have been cancelled by the Internet User and/or by the CLIENT, up to the date of arrival of the Internet User;
Reservations made using the WHM GLOBAL SYSTEM and cancelled by the CLIENT as "no-shows" (this term means the non-arrival of the Internet User at the Hotel on the scheduled date of arrival); these 'no-shows" can be cancelled by the CLIENT until midnight on the third day following the scheduled date of arrival for the Internet User. In this case however, any payment owed by the Internet User as penalty (notably the charging of the price for one night on the payment card) is included in the commission bracket.
Changes to the characteristics of the stay within the WHM GLOBAL SYSTEM
In the event of changes by the Internet User to the characteristics of the stay, the CLIENT can enter the changes online by means of the Hotelier Interface. For changes in the characteristics of the stay, made prior to or during the stay, to be taken into account, it is essential that they are entered in the WHM GLOBAL SYSTEM before the end of the month of the date of the end of stay. In any case, the total amount for any corrections for changes in the stay cannot exceed 10% (ten percent) of the amount of commission due before the corrections for the reservations for the month, excluding GDS reservations.
Final nature of the invoices
No cancellation, 'no-show" or additional changes to the conditions of the stay can be taken into account once WHM GLOBAL has issued the invoices.
11: INVOICING AND MEANS OF PAYMENT
11.1: Invoicing
WHM GLOBAL draws up an invoice each month containing a list of the reservations consumed in the month, such as produced by the WHM GLOBAL SYSTEM.
The CLIENT must notify WHM GLOBAL in writing of any change of billing address in good time prior to the issuing of the invoicing.
The invoicing currency is the Euro. With the exception of the case as defined in the "Deferred Payment Article, payment of the invoices must be made by the CLIENT in cash as of receipt of the invoice, without discount, by automatic monthly standing order, transfer, cheque or bank card.
All the banking costs associated with the CLIENT's payment and paid by WHM GLOBAL are re-invoiced in full to the CLIENT as a supplement to the remuneration, against documentary proofs.
11.2: Interest on late payment
If any payment is not paid according to its agreed terms, and unless stated otherwise in the contract, WHM GLOBAL will exercise its statutory right to claim interest (at eight per cent over the Bank of England base rate) and compensation for debt recovery costs under the late payment legislation.
12: INTELLECTUAL PROPERTY
12.1: Respect for the intellectual property rights of WHM GLOBAL
The CLIENT agrees to respect the intellectual property rights of WHM GLOBAL, and notably the intellectual property rights that WHM GLOBAL holds under all names, titles, logos, brands, software, intellectual creations and databases.
The CLIENT agrees not to register, during the period of the Contract, of after its expiry, on whatever grounds, directly or indirectly, through any intermediary, in any country, one or more brands, titles, logos, identical, similar or comparable to the brands, titles, logos of WHM GLOBAL or that could cause confusion in the mind of third parties.
The CLIENT will inform WHM GLOBAL, without delay, of any infringement of the intellectual property rights of WHM GLOBAL of which it becomes aware.
12.2: WHM GLOBAL Software
WHM GLOBAL alone holds and retains, under all circumstances, the ownership of the software which the CLIENT is authorized to use only for its Official internet Site, and solely for the execution of the Contract.
The Contract does not transfer any right of ownership in all or some of the elements of the software to the CLIENT. This latter fully acknowledges the originality, globally and in each of these elements and is prohibited from any claims in this regard.
The CLIENT has no right of access to the software source codes. Unless expressly agreed otherwise by WHM GLOBAL, the CLIENT must leave all copyright statements as complying with the law and practices, on all of the reservation pages of its site on which all or part of WHM GLOBAL SYSTEM appears.
These same provisions apply to any other software, software elements and software developments, already made or that could be made by WHM GLOBAL.
13: PROTECTION OF PERSONAL DATA
Each of the Parties agrees to comply with the current applicable regulations for the implementation of any process relating to data of a personal nature to which it is subject.
The CLIENT is responsible for any processing of the data of the Internet Users for the requirements of the execution of the Contract and/or at its request.
14: OWNERSHIP OF THE DATABASES AND RIGHT TO USE THE DATA
WHM GLOBAL is the owner of the data resulting from the operation of the WHM GLOBAL SYSTEM and its databases. WHM GLOBAL can specifically use this data as it deems fit for all management, reservation invoicing, statistical processing and data marketing operations, subject to the sole condition in this case of the legal requirements in the matter.
15: PENALTIES .TERMINATION – SUSPENSION
15.1: Lawful termination
In the event of the failure on the part of the CLIENT in any of its obligations arising under the Contract, WHM GLOBAL can, if it so decides, lawfully terminate the Contract, fifteen days after sending a recorded delivery letter with acknowledgement of receipt giving the CLIENT formal notice to rectify the failure and this remaining without effect within this time period, without prejudice to any damages that WHM GLOBAL may be entitled to as a result of the noted default, and in particular, for the damages of the penalty as stated in the Duration / Expiry" Article because of the early termination of the Contract.
WHM Global reserves the right to terminate this contract, provided a thirty (30) days notice period is submitted in writing.
15.2: Suspension
WHM GLOBAL can decide, in the event of the failure of the CLIENT in any of its obligations, as an initial penalty, and without prejudice to its right to terminate the Contract, to immediately, and without other notice, suspend all or part of its services. The suspension of the WHM GLOBAL services shall result in all outstanding balance becoming immediately due to WHM GLOBAL by the CLIENT, without prejudice for any damages to which WHM GLOBAL may claim.
16: CONFIDENTIALITY
All information submitted or disclosed by one of the Parties to the other Party in regard to the Contract must be kept confidential by this latter. Each of the Parties takes all necessary measures to protect the confidentiality of the information supplied by the other Party.
Each of the Parties agrees not to disclose to any third party without the express written authorization of the other Party this confidential information or to allow access to such information except:
to those of its employees that need access to the information for the purpose of their work, and this, only in so far as necessary, these employees must be bound to the same confidentiality requirements as the employer;
to the clients or prospects of the CLIENT, and this subject to a strict requirement for the purpose of the sale and/or use of the Service;
to partner professionals of the CLIENT, such as accounts or lawyers, in so far as required for the performance of their work and provided that they are bound by a contractual or legal obligation of confidentiality with regard to this information. The confidentiality obligation continues in force for 5 years after the end of the Contract.
17: TOLERANCE
Any tolerance in the application of this Contract does not imply any abandoning of the enforcement of the Clauses in question or the defaulting on these.
18: PARTIAL NULLITY
If one or more of the provision of the Contract are held to be null and void, or ruled as such by a final ruling of a competent court, the other provisions shall retain their application and scope and the Parties shall make every effort to substitute clauses with comparable effects for the null and void provisions.
19: ELECTION OF DOMICILE
For any notification in execution of the Contract the Parties respectively elect domicile at their head offices. Notice must be given of any changes in these.
20: APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
THE CONTRACT SHALL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF ENGLAND. ANY DISPUTES ARISING FROM THE INTERPRETATION, EXECUTION OR TERMINATION OF THE CONTRACT SHALL BE SUBMITTED TO THE TRIBUNAL OF LONDON.
The Parties hereby accept the legal value of any fax exchanged between them as being the same as a handwritten document.
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text:
Garrincha's mesmerising peak at the 1962 World Cup
09/08/2021 by Dominic Hougham
Diego Maradona and the 1986 World Cup are inextricably linked in the minds of all. It is impossible to think back on those sun-soaked images of Mexico and not immediately think of Argentina's iconic number 10 casting his spell over all who witnessed it.
Maradona weaving through England's defence while scoring one of the greatest World Cup goals of all time; Maradona bamboozling the Belgian defence before scoring when most mortals would have fallen off balance; Maradona playing the pibe and picking England's pocket with his left hand. These scenes have become so iconic that the common narrative has since become that Maradona effectively won the World Cup for Argentina.
As with all viewpoints that grow over time, the kernel of truth has become somewhat exaggerated. To simply say that Maradona won the World Cup single-handed is to conveniently forget that football is played by 11 and somewhat disrespectful to his teammates.
There is no argument that Maradona was the best player at the 1986 tournament by some margin and that his overall play throughout did propel Argentina to the trophy. A goal against Italy in the group stage followed by his doubles against both England in the quarter-finals and Belgium in the semi-finals were definitely the driving force behind La Albiceleste's success. But Diego was assisted throughout by the likes of Jorge Burrachaga, Jorge Valdano and Oscar Ruggeri to name just three. Teams win tournaments, not individuals.
It is still fair to say, however, that Maradona's influence on the 1986 World Cup was seismic and his name will always be most closely linked with that event. But it is sadly often forgotten that Maradona was not the first player to dominate a World Cup so strongly. In looking at that, we need to go back 24 years prior to Mexico and move south, down to Chile.
Name a World Cup and each has a historic story arc attached to it, often centring on the final itself. The Maracanazo in 1950 saw Brazil mourn defeat against Uruguay; 1954 is the Miracle of Berne as Germany start to regain pride as a nation by defeating Hungary. Moving on to 1958 sees the emergence of a new superstar – a teenage Pele – scoring twice to announce himself on the world stage; 1966 will always be held in reverence by the English and the image of Geoff Hurst blasting the last-minute goal. And the 1970 final remains the gold standard for all finals with arguably the greatest team and greatest goal ever.
But the awkward stepchild of these post-war tournaments seems to be Chile 1962. While the other competitions all have moments of beauty associated with them, 1962 is usually first associated with the emergence of more ruthless football – and in particular the Battle of Santiago.
Even though earlier World Cups had their fair share of violence too – just read about Brazil-Hungary in 1954 for proof of that – the 1962 edition is often glossed over as one of the poorer spectacles. Sadly, that is unfair, especially to one player who dominated to a similar extent to Maradona in 1986: Garrincha.
Much has been written about Garrincha and his extremely eventful and colourful life, and I cannot recommend highly enough grabbing a copy of Ruy Castro's excellent book for an in-depth account that will have you laughing one minute and crying the next. As with George Best or Paul Gascoigne, it is easy to get dragged into the more salubrious sides of their lives and distracted from their eras of genius.
Tales of womanising and drinking have sold newspapers for decades and sadly can influence the narrative and legacy of great players. Like Best and Gascoigne, Garrincha's life is definitely not short of such tales – but also like Best and Gascoigne, he was one of the greatest players on the planet during his pomp. And his performances were never bettered than those he produced in Chile during the summer of 1962.
Garrincha was a player who enjoyed nothing more than dribbling and beating opponents. It was often commented that even after having beaten them, he would occasionally turn back and do it again, just for the sheer joy of it. If ever a player moved to the samba beat, it was Garrincha. And all this was done famously with one leg shorter than the other and one knee bent in and the other out. His skills were discovered and honed at club level by Botafogo, leading to international recognition as part of the 1958 World Cup squad.
While Garrincha had entranced Brazilian spectators, he had competition for his place, primarily in the guise of Joel, the Flamengo winger, and Julinho, who plied his trade in Italy for Fiorentina. The school of thought at the time leaned towards Julinho, who had played during the 1954 World Cup and actually came out of that in a good light.
As part of the preparation for Sweden, Brazil were to play a friendly against Fiorentina and Julinho was invited to join the squad. However, in an example of true sportsmanship, he felt that his inclusion would be unfair on the Brazilians who had got Brazil to the finals, and so he declined. Had he accepted, it is probable that Julinho and Joel would have travelled to Sweden and Garrincha would have missed the cut. On such decisions is history made.
Just prior to leaving for Sweden, Brazil manager Feola decided to try Garrincha out in a friendly against Bulgaria alongside a young teenager by the name of Pele. Brazil won 3-1 and, from then, would never lose a match in which both prodigies played together. The final warm-up game was the Fiorentina match and it is here where Garrincha scored one of his most famous goals.
Receiving the ball, he dribbled past four defenders and rounded the goalkeeper. But then he couldn't help himself – he stopped at the goal line, turned around, and proceeded to dribble past a returning defender just one more time before finally scoring. While a piece of outrageous skill and showboating, it unfortunately caused concern to the Brazilian coaching staff that perhaps Garrincha did not always take football seriously enough.
Although Feola was nominally the manager of Brazil, the team selection was done by committee between Feola, Nascimento, Gosling and Paulo Amaral. In considering their opening match against Austria, they felt that Austria would probably pack four into their midfield and so Brazil would need the chosen right winger to drop back into midfield too when needed to balance the equation.
It was then that Amaral, who knew Garrincha well from Botafogo, announced that he felt the winger would not follow such instructions due to his unpredictability. And so the more tactically disciplined Joel got the nod – and Garrincha sat on the bench for the opener.
Similar committee tactics concluded that Garrincha should not start the next game against England due to concerns that his dribbling would result in him being fouled out of the game early. A win against Austria and a draw against England left Brazil with a do-or-die game against the Soviet Union in order to move on.
Analysis of the supremely fit Soviet side had the Brazilian committee convinced that they needed to get off to a fast start against them and grab the initiative early before the Soviet fitness gave them the advantage later in the match. And so Garrincha was finally selected to hit them early with his pace and guile.
To say Garrincha and his teammates followed the committee's recommendation to start fast is an understatement. The ball went to Garrincha almost straight from kick-off and he mesmerised the Soviet defence, running rings around them before hitting the post after just 40 seconds. Just 15 seconds later, Pele hit the bar.
Garrincha continued to torment and finally Vava scored after exactly three minutes. A French journalist, Gabriel Hannot, would later describe the start as the greatest three minutes in the history of football. Brazil went on to win 2-0 but completely dominated a strong Soviet team, with Garrincha in fine form throughout. He had finally landed on the world stage.
Garrincha-mania began in Europe as they marvelled at his performance. A quarter-final against a defensive Wales proved trickier for him as he was heavily man-marked but he still managed to start the move that saw Pele score the only goal of the game. France were next in the semi-final where, like against the Soviet Union, Garrincha beat three men to start a move that saw Brazil take the lead after just a minute and a half.
From there, Brazil cruised to victory and a final date against the host nation, Sweden. Legend has it that Garrincha was not aware of this and had to ask Nilton Santos after the France game who their next opponents would be. Not that Garrincha was ever too fussed about such details – defenders were all the same to him, there to be dribbled around.
An early scare when Sweden scored after just four minutes was soon calmed by Garrincha destroying the opposition on the right-wing. Firstly, four minutes after going behind, Garrincha received the ball on the edge of the area, eased past the covering defender to the byline and then crossed for Vava to equalise.
Time after time, Garrincha tormented the Swedish left-back until, after 30 minutes, he once again made for the byline before again crossing for Vava to score. From there Brazil went on to a 5-2 victory and scenes of unbridled joy as the ghost of 1950 was finally put to rest. In all, Garrincha hit the byline an incredible 15 times during the match.
The World Cup success made instant celebrities of the teenage Pele and the magical Garrincha. He had missed the first two games but more than made up for that with his subsequent performances. But it had been a great team effort – Garrincha was just part of a successful squad that included Pele, Nilmar Santos, Didi, Zagallo and Vava.
It had been his international coming-out party but he had been just one of many strong performers. But the story was to be very different four years later in Chile – a story where the parallels with Maradona and 1986 appear.
Entering the 1962 World Cup as holders and favourites put Brazil under pressure, and that was reflected in their opening game where a misfiring team managed to register an unconvincing 2-0 win over Mexico, aided by a fine performance from their goalkeeper, Gilmar. Next up were Czechoslovakia and it was in this game that the drama really began.
Midway through the first half, Pele hit a fierce shot that the keeper did well to parry – and then fell to the ground. He had pulled a groin muscle. With no substitutes at the time, Pele had no choice but to play on but was clearly incapacitated for the remainder of the match, hanging out on the wing and watching as Brazil stumbled to a 0-0 draw. Their marquee player was seriously injured.
The final group game against Spain saw Pele replaced by Amarildo, whose two goals saw them prevail 2-1. And it was at this moment that Garrincha stepped into the spotlight. Quiet in the first two games, he received the ball midway in the opposition half, teased two defenders before beating them both and supplying an inch-perfect cross for Amarildo's second match-winning goal. Brazil were now moving on to the quarter-finals – and Garrincha was about to set the World Cup alight and make it his finest hour.
England were Brazil's opponent, a team who liked to play against other structured, organised sides rather than unpredictable ones. Unfortunately for them, Garrincha was in one of his unpredictable, maverick moods and played with abandon around the attacking half, not just sticking to the wing as usual.
Firstly, the winger scored with a powerful header from a corner, something he rarely did. Then a powerful free-kick of his could only be parried by goalkeeper Ron Springett and Vava pounced. Finally, he scored Brazil's third goal with a beautiful shot into the top corner from outside the area. England had no answer to his skills on the day and Garrincha's outstanding performance helped Brazil get over the loss of Pele and move onto the semi-finals, where they would meet the hosts, Chile.
Again Garrincha was in the mood and again he was to score twice and lay on a third. A fierce left-footed shot and another header from Mane set Brazil up before assisting a third for Vava. But unlike the England game, this time Garrincha had to perform despite the close attention paid to him by the Chilean defender Rojas.
This close attention meant frequent flirtations with the rules and, with only six minutes of the game, Garrincha finally snapped. Yet another foul drove him to meet out some retaliation and a knee to the Rojas' back saw the Chilean collapse in apparent agony. The referee did not hesitate and Garrincha was off.
To make matters worse, a stone thrown from the stands and hit his head as he trudged off. The referee had a terrible game, no doubt intimidated by the partisan crowd, but despite some very questionable decisions, Brazil were through with a 4-2 victory – but at the cost of Garrincha missing the final against Czechoslovakia.
Like Maradona, Garrincha had always had to cope with being kicked, fouled and provoked by opponents, especially when humiliating them with his trickery. He nearly always resisted retaliation but every person has a breaking point. In 1962, a sending off was not an automatic next-game suspension, however, but would be the decision of a FIFA disciplinary committee.
Brazilian officials called in as many favours as possible from colleagues within governments and football to lobby on their behalf. Luckily in the end, the referee commented that he had not directly seen the foul but had relied on the word of his linesman, who had since left the country. Garrincha got away with a slapped wrist by five votes to two.
The question now was could Pele join him on the field? He had enjoyed some downtime and the injury was starting to heal, but it was still a risk. It was probable that he would need pain-killing injections to do so and memories were still vivid of Ferenc Puskas and his failed attempt to play through an injury in the 1954 World Cup final. It was decided not to run the risk, but to let the Czechs believe that he would be playing to mess with their tactical set-up.
The other secret kept from the Czechs was that Garrincha was running a fever ahead of kick-off and dosed up on aspirin. But for once, Brazil did not need to rely on him as they cruised to a 3-1 victory and retained the Jules Rimet trophy. Garrincha had scored four goals when they mattered most in the knockout stages with Pele absent – giving him a share of the tournament's Golden Boot and winning him Player of the Tournament – with two goals in the quarter-final and two goals in the semi-final.
Twenty-four years later, Diego Maradona would also score two goals in the quarter-final and two goals in the semis before also not scoring in the final. The similarity is eerie.
While Maradona played at the next two World Cups, Garrincha's career faded more quickly, pushed by a knee injury which he never fully recovered from. He did play in the opening game of the 1966 World Cup, and even scored an outrageous free-kick, but then played his final ever international in the defeat to Hungary shortly before Brazil were eliminated – the first and only time Garrincha ever experienced defeat in 50 appearances in a Selecao shirt.
His life spiralled downwards from then on as he battled chronic alcoholism, a road accident in which his mother-in-law died, and numerous affairs leading to fathering at least 14 children. He finally died of cirrhosis of the liver aged just 49 in 1983.
But that is all a separate, tragic story – on the field, Garrincha was a magical presence who, like Maradona, seemed to represent the common man and to play the game how we would like to imagine it should be played: with care-free abandon and fun, while at the same time leading his team to the biggest prize in world football.
To watch both players is to bring a smile to the face. Two players who could never resist beating just one more opponent, all the way to the top.
By Dominic Hougham
Tags: brazil, garrincha, world cup
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Energy Charter Secretary-General Dr Urban Rusnák was invited by the Secretary-General of the International Energy Forum (IEF), H.E. Sun Xiansheng, to attend the 16th Ministerial Meeting from 10-12 April 2018 in New Delhi. The theme of the Forum was "The Future of Global Energy Security: Transition, Technology, Trade and Investment". In his inaugural address, Prime Minister of India Narendra Modi outlined the four pillars of the energy sector: energy access, energy efficiency, sustainable energy and energy security. Over the coming decades, India will see the fastest energy demand growth in the world, accounting for almost one-third of the total energy demand growth.
The IEF is one of the largest gatherings of energy ministers, including not only International Energy Agency (IEA) and OPEC countries, but also key international actors. The energy transition is underway and the distinction between consuming and producing energy countries is becoming blurred. The Minister of Energy of Saudi Arabia H.E. Khalid Al Falih underlined the need to take a holistic view and consider the totality of the energy sources throughout their value chain, from production to consumption, as the recipe for an orderly and successful transformation. Representatives from the United States, China, Japan, Russia, Iran, UAE, Qatar and Nigeria attended the meeting as well as CEOs and international organisations.
The importance of a global energy dialogue has never been higher than at the present moment when so many uncertainties surround the energy market. A global architecture calls for institutional coordination to promote synergies and avoid overlaps. Hence the importance to outline the specific added value of the International Energy Charter to promote stable, transparent and fair investment frameworks that enhance a level playing field and the rule of law in the energy sector. Dr Rusnák and the Head of Expansion Unit Dr Ernesto Bonafé discussed the current dynamics of the International Energy Charter in bilateral meetings with a range of Ministers from Member, Observer and outreach countries that gathered in New Delhi.


How fresh, design-led thinking produced the lovable Echo Spot.
In the tech world, the future comes fast. Companies thrive or die based on their ability to build that future.
This is the mission of our UX Lab team—to anticipate products and paradigms years in advance. We call it "looking around corners." It's how we collaborated with teams from around Amazon to create the Echo Show, Amazon's first Echo device with a screen.
By the time customers were unboxing Echo Show, we were already thinking about the next device: How can we design something even more lovable? More affordable? Smaller and designed to fit anywhere in the home?
Size was key. We wanted the device to be something people could use in home offices and bedrooms. But the smaller you make something, the bigger the design challenge. If it's smaller, can it still deliver a great experience? Stepping back even more: what's the best form and functionality for customers at this size? Can we create something special by moving away from conventional rectangular screens?
Paradigms are hard to fight. And when it comes to rectangular touchscreens, the paradigm is pretty much set. If it looks like a phone, people will tend to use it like a phone, while the whole point of multi-modal is to enable and encourage interaction variety.
We had a choice: stick with the established paradigm, or build our own.
Fresh, design-led thinking was the key. We holed up for days. Weeks. Months. We made prototypes in all shapes and sizes. Rectangles, circles, even squares.
It wasn't until we started building software prototypes that we realized just how blank of a canvas it was.
But we kept coming back to circular designs with a touchscreen. A circle felt fresh and exciting. A perfect way to add touch as a supplement to a smaller, voice-forward device with a screen. It was a blank canvas, from a design viewpoint. And it wasn't until we started building software prototypes that we realized just how blank of a canvas it was.
Failure is a necessary part of design. For every groundbreaking product, dozens of prototypes end up in the trash. But failure can be fun. It leads to insights. We had prototypes that overheated and prototypes that were top-heavy and tipped over when you touched them. And with each failure a valuable new lesson was learned.
Los Angeles is a city driven by style. A place where aesthetics are just as important as performance. What better place to get honest feedback, not just on functionality, but on whether our designs look and feel cool in the home?
With a rectangular device, a lot of UX elements are straight-forward. Text is left-justified. The scrubber at the bottom of videos is linear. So, from a design perspective, a circle was extremely freeing. We got to re-imagine everything. We got to revel in the form factor and adapt rectangular UI patterns into fresh circular interfaces.
We could center text. Design a curved scrubber. Find interesting ways to crop in on videos and images so users get the most important content. We got to invent and simplify the experience to make a device that's not just useful, but lovable—with interactions that add unique personality to the smaller Echo Spot.
There's a moment of pure joy that comes with having your design approved by leadership. It's validating and empowering. But for Echo Spot, that moment faded fast. We'd done our jobs so well that leadership didn't just want our design—they wanted it shipped in time for the holidays, which were right around the corner.
Hit the ground running doesn't begin to describe how fast we kicked into gear and started turning our final prototype into the device everyone knows as Echo Spot. It went from a design-led initiative to an all-hands sprint almost overnight—one that spanned the globe.
The effort involved engineers in Boston, Seattle, and California. Industrial designers from Amazon's Lab 126 crafted Echo Spot into an object of desire with manufacturing teams in Asia. Interaction designers, visual designers, voice designers, and production designers came together to bring the experience to life.
There are more than 120 million households in America. When you're heads-down at work, it's easy to forget that you're designing for someone's kitchen. Bedroom. Home office. There's something magical about making a product that will be in millions of homes across the globe. And when those products launch to enthusiastic press and great customer reviews like Echo Spot did, the feeling is magnified.
All of this made Echo Spot a pivotal moment—not just for us, but for Amazon itself. It showed how our design-forward leadership principle of Invent & Simplify translates in the real world. And how a small team can look around corners to see the future.
Posted by Robert Murdock, Head of Amazon's San Francisco-based UXLabs team.


When I started Suppers, I wasn't expecting to have a spiritual experience. I went because my way of eating had gotten me into a lot of trouble. I had dug my way in with a fork and spoon and I needed to dig myself out with the same tools. I had church and a 12-step program to take care of my spiritual needs, so I imagined that the spiritual side of Suppers for me would be about penance. I looked at what wasn't on the menu and knew I would feel sorry for my sins.
I didn't know what to do with the line "Caring for the body is the primary spiritual act because the body is the temple of the soul." I'm not sure I agree with the "primary" part, but I got it that no matter what we're doing, we're doing it from a physical body. I have firsthand information on how illness affects my emotions and relationships and turns my prayers into pleas for help.
It has been challenging for me in my spiritual practice to get quiet enough to hear God's plan for me. Every day I ask for guidance, but there's been so much noise in my head I couldn't hear the answer.
It was a long process acquiring a personal appreciation of how deeply my physical body related to my spiritual experience. As I weaned myself off refined sugars and started eating more fresh food, my anxiety started to go down. I had been praying for years for help with anxiety and depression. I had no idea that part of the problem was my diet. I also learned that managing stress isn't just about getting into quiet meditative states; I also needed to move. A walk along the canal is just perfect for me. It locates me closer to God. Now that I've let go of most sweets, the spiritual difference is crystal clear. I spend more time saying prayers of gratitude than pleading for help.


text:
<?php

namespace Bpocallaghan\Generators\Commands;

use Bpocallaghan\Generators\Traits\ArgumentsOptionsAccessors;
use Bpocallaghan\Generators\Traits\SettingsAccessors;
use Illuminate\Filesystem\Filesystem;
use Illuminate\Foundation\Composer;
use Symfony\Component\Console\Input\InputOption;
use Symfony\Component\Console\Input\InputArgument;
use Illuminate\Console\GeneratorCommand as LaravelGeneratorCommand;

abstract class GeneratorCommand extends LaravelGeneratorCommand
{

	use ArgumentsOptionsAccessors, SettingsAccessors;

	/**
	 * @var Composer
	 */
	protected $composer;

	/**
	 * The resource argument
	 *
	 * @var string
	 */
	protected $resource = "";

	function __construct(Filesystem $files, Composer $composer)
	{
		parent::__construct($files);

		$this->composer = $composer;
	}

	/**
	 * Execute the console command.
	 *
	 * @return void
	 */
	public function fire()
	{
		$this->call('generate:file', [
			'name'    => $this->argumentName(),
			'--type'  => strtolower($this->type), // settings type
			'--plain' => $this->optionPlain(), // if plain stub
			'--force' => $this->optionForce(), // force override
			'--stub'  => $this->optionStub(), // custom stub name
			'--name'  => $this->optionName(), // custom name for file
		]);
	}

	/**
	 * Only return the name of the file
	 * Ignore the path / namespace of the file
	 *
	 * @return array|mixed|string
	 */
	protected function getArgumentNameOnly()
	{
		$name = $this->argumentName();

		if (str_contains($name, '/'))
		{
			$name = str_replace('/', '.', $name);
		}

		if (str_contains($name, '\\'))
		{
			$name = str_replace('\\', '.', $name);
		}

		if (str_contains($name, '.'))
		{
			return substr($name, strrpos($name, '.') + 1);
		}

		return $name;
	}

	/**
	 * Return the path of the file
	 *
	 * @param bool $withName
	 * @return array|mixed|string
	 */
	protected function getArgumentPath($withName = false)
	{
		$name = $this->argumentName();

		if (str_contains($name, '.'))
		{
			$name = str_replace('.', '/', $name);
		}

		if (str_contains($name, '\\'))
		{
			$name = str_replace('\\', '/', $name);
		}

		// ucfirst char, for correct namespace
		$name = implode('/', array_map('ucfirst', explode('/', $name)));

		// if we need to keep lowercase
		if ($this->settingsDirectoryFormat() === 'strtolower')
		{
			$name = implode('/', array_map('strtolower', explode('/', $name)));
		}

		// if we want the path with name
		if ($withName)
		{
			return $name . '/';
		}

		if (str_contains($name, '/'))
		{
			return substr($name, 0, strripos($name, '/') + 1);
		}

		return '';
	}

	/**
	 * Get the resource name
	 *
	 * @param      $name
	 * @param bool $format
	 * @return string
	 */
	protected function getResourceName($name, $format = true)
	{
		// we assume its already formatted to resource name
		if ($name && $format === false)
		{
			return $name;
		}

		$name = isset($name) ? $name : $this->resource;

		return str_singular(strtolower(class_basename($name)));
	}

	/**
	 * Get the name for the model
	 *
	 * @param null $name
	 * @return string
	 */
	protected function getModelName($name = null)
	{
		return ucwords(camel_case($this->getResourceName($name)));
	}

	/**
	 * Get the name for the controller
	 *
	 * @param null $name
	 * @return string
	 */
	protected function getControllerName($name = null)
	{
		return ucwords(camel_case(str_replace($this->settings['postfix'], '', strtolower($name))));
	}

	/**
	 * Get the name for the seed
	 *
	 * @param null $name
	 * @return string
	 */
	protected function getSeedName($name = null)
	{
		return ucwords(camel_case(str_replace($this->settings['postfix'], '', $this->getResourceName($name))));
	}

	/**
	 * Get the name of the collection
	 *
	 * @param null $name
	 * @return string
	 */
	protected function getCollectionName($name = null)
	{
		return str_plural($this->getResourceName($name));
	}

	/**
	 * Get the path to the view file
	 *
	 * @param $name
	 * @return string
	 */
	protected function getViewPath($name)
	{
		$name = implode('.', array_map('str_plural', explode('/', $name)));

		return strtolower(rtrim(ltrim($name, '.'), '.'));
	}

	/**
	 * Get the table name
	 *
	 * @param $name
	 * @return string
	 */
	protected function getTableName($name)
	{
		return str_plural(snake_case(class_basename($name)));
	}

	/**
	 * Get name of file/class with the pre and post fix
	 *
	 * @param $name
	 * @return string
	 */
	protected function getFileNameComplete($name)
	{
		return $this->settings['prefix'] . $name . $this->settings['postfix'];
	}

	/**
	 * Get the default namespace for the class.
	 *
	 * @param  string $rootNamespace
	 * @return string
	 */
	protected function getDefaultNamespace($rootNamespace)
	{
		return $rootNamespace . config('generators.' . strtolower($this->type) . '_namespace');
	}

	/**
	 * Get the stub file for the generator.
	 *
	 * @return string
	 */
	protected function getStub()
	{
		$key = $this->getOptionStubKey();

		// get the stub path
		$stub = config('generators.' . $key);

		if (is_null($stub))
		{
			$this->error('The stub does not exist in the config file - "' . $key . '"');
			exit;
		}

		return $stub;
	}

	/**
	 * Get the key where the stub is located
	 *
	 * @return string
	 */
	protected function getOptionStubKey()
	{
		$plain = $this->option('plain');
		$stub = $this->option('stub') . ($plain ? '_plain' : '') . '_stub';

		// if no stub, we assume its the same as the type
		if (is_null($this->option('stub')))
		{
			$stub = $this->option('type') . ($plain ? '_plain' : '') . '_stub';
		}

		return $stub;
	}

	/**
	 * Get the console command arguments.
	 *
	 * @return array
	 */
	protected function getArguments()
	{
		return [
			['name', InputArgument::REQUIRED, 'The name of class being generated.'],
		];
	}

	/**
	 * Get the console command options.
	 *
	 * @return array
	 */
	protected function getOptions()
	{
		return [
			['plain', null, InputOption::VALUE_NONE, 'Generate an empty class.'],
			['force', null, InputOption::VALUE_NONE, 'Warning: Override file if it already exist'],
			['stub', null, InputOption::VALUE_OPTIONAL, 'The name of the view stub you would like to generate.'],
			['name', null, InputOption::VALUE_OPTIONAL, 'If you want to override the name of the file that will be generated'],
		];
	}
}

redpajama_set_name: RedPajamaGithub


The State Government will subject the Kangaroo Island ferry service to a competitive tender to "get the best deal for the people of South Australia".
However, there won't be any change in the immediate future with any new contract to kick in after long-term operator SeaLink Travel Group's current contract expires in July 2024.
SeaLink, the South Australian company which has been operating the service from Cape Jervis to Penneshaw since 1989, says it will compete to win the tender.
Transport Minister Stephan Knoll said today the Government had decided to subject the service to a competitive tender process to "ensure that we get the best deal for the people of South Australia, particularly the locals who use the service so frequently".
"Kangaroo Island is one of the jewels in the crown of South Australia's tourism industry and we want to ensure we have the best service possible for tourists and locals to get on and off the island," he said.
SeaLink told the ASX today that it welcomed the decision because it had been seeking certainty about the future of the service to underpin investment in both vessels and South Australia more broadly.
"We welcome the Government's decision to move the process forward and provide clarity to SeaLink, its shareholders and the 370 staff we employ in South Australia," SeaLink said in a statement.
SeaLink chief executive and managing director Jeff Ellison confirmed to InDaily that the company would seek to win the new contract.
He said whatever happens with the tender, SeaLink would continue to provide the ferry services to the Island for the next five years.
SeaLink's operations include ferry and other services in Sydney, Queensland, the Northern Territory and Western Australia. In June this year, it won a competitive tender to operate the Bruny Island ferry service in Tasmania.


Here is a pair of stunning continental Grand European Express coaches, built and finished by the esteemed Elettren. With their exquisite detailing and brass construction, these would be a fantastic addition to a Continental layout.
99.9% mint condition - the coaches look to have been lightly run only.
They come in their original boxes which are both in excellent condition.


text:
"Pride Pill G.o.d 1115 _ Pride Pill G.o.d."
Ice dragon sword s were the keys to the three Treasure Chests. Even if Long Huishan wanted to return it, he would absolutely not return it. 13800100.
"Of course not, Ice dragon sword are actually not suitable for battle, but they are very scary. Back then, my grandfather used this sword to scare a lot of strong warriors, and like I said before, if you can pull it out, I will give it to you! "Don't think so little of me."
As the daughter of the Patriarch, Long Huishan definitely had a lot of good things on her. Furthermore, she was very strong, and might even be the Patriarch of the Long family in the future. She was also an Immortal King.
After entering the Dragon Cave, a burst of cold wind suddenly blew, as if it had penetrated Chen Xiang's body, causing him to feel as if his insides were frozen, even the Divine Sense Sea seemed to have been frozen over.
On the other hand, Long Huishan was fine, at least Chen Xiang's physique and various protective measures were extremely heaven defying, but right now his entire body was shivering, and he had no choice but to use the Heaven fire in his body to defend against the cold.
"After my Long family's bloodline became an ice dragon, I heard that the Ice Dragon's Ancestral Founder and a dozen or so human girls had gotten along well in order to have my bloodline, but after inheriting it for so long, the bloodlines have become very thin. Even the purest of bloodlines, up until now, only a few can awaken the Ice Dragon's bloodline, and I'm one of them. Long Huishan narrated the history of the Long family.
Back then, my father knew that the b.a.s.t.a.r.d might usurp the position and use all sorts of methods to buy back some of the clan's elders. My father was outnumbered, and later on because my brother and brother were captured and threatened, he was distracted during the great battle and was eventually killed, and my brother and brother were not spared either!
When Long Huishan talked about these things, she was abnormally calm. She was already able to control her emotions, but that did not mean that she was not angry.
"You have always been hiding your strength, and your uncle knew that you possess the Ice dragon sword, so he planned to keep it for you. On the way, he would also use your value to marry you to a disciple of some power, and try to establish a relationship with you!" Chen Xiang guessed.
"That's enough, but after he found out I was going to the Dragon Cave, and was worried that I would obtain the inheritance of the Dragon Cave, and adding that I gave you the Ice dragon sword, he took action against me. But there was an elder protecting me in the dark previously, and this elder had been unable to break through for many years, so he was already burnt out.
The elder protecting her was already dead, and if she wanted to take back the Patriarch's position, she needed to have super strong strength to intimidate the entire Long family, kill all the elders who colluded with her uncle, and her hope was the Ice Dragon's inheritance in the Dragon Cave!
"This Dragon Cave is where the Ice Dragon Ancestral Founder lived all those years ago. We don't know whether he pa.s.sed away or not, but my grandfather said before that there is something here that the Ice Dragon Founder left for us, and that we can only obtain it if we possess his bloodline. But over the years, the number of experts the Long family have entered the Dragon Cave, and most of them returned seriously injured, unable to go any further!"
Long Huishan looked around carefully along the way. On one hand, he had to protect Chen Xiang.
"It should be the Sea Suppressing Blood Bead that the Ice Dragon left behind. It contains the inheritance memories and the Ice Dragon's purest bloodline, and even the Dragon Pearl is fused inside. If the girl can obtain it, her power will definitely increase by leaps and bounds, and you might even find out from her what dirty deeds the Ice Dragon has done." Long Xueyi said.
Chen Xiang also had a Ocean Subduing Pearl, and inside his Divine Sense Sea, his divine soul was wrapped within the Ocean Subduing Pearl, so he was a little doubtful about this: "The Ocean Suppressing Orb was left behind? Could the ice dragon be dead? Isn't the divine soul inside the Ocean Suppressing Orb? "
"Who said there can only be one Pearl of the Sea? There were still two Dragon Pearls from the Prince Imperial Dragon. There were quite a few powerful Primordial Dragons, Sea Suppressing Pearls and Dragon Pearls, but there were also some that were very large. For example, that poisonous dragon. Back then, the Ice Dragon couldn't find another female dragon to inherit its bloodline, so it had no choice but to find human women. These human women must be very strong, or else they wouldn't be able to stand him! "
Hearing Long Xueyi's words, Chen Xiang immediately said indignantly: "This b.a.s.t.a.r.d ice dragon, actually harmed so many women, it's really not a thing!"
The Dragon Cave was deep inside the ground, and this place was extremely cold. Chen Xiang felt that this kind of coldness was not caused by an ice dragon, but a natural one.
The entrance to the Dragon Cave was very big, but it gradually decreased in size later on, but it was still very wide, able to pa.s.s through dozens of people at a time. The pa.s.sage spiraled downwards, and at first the pa.s.sage was surrounded by ice, but after reaching the bottom, the walls were filled with rocks, only very smooth, with some traces.
"Isn't the Dragon Cave in danger? On the other hand, this Icy cold power is very strong. If ordinary people were to enter, they would have been frozen to death at the door. " Heaven fire were moving inside Chen Xiang's body at any time, in case he got frozen.
Chen Xiang realized that the You Ming Deep Abyss that imprisoned the Super Old Fire Beast also had this kind of terrifying cold energy, and this place was much more powerful than the You Ming Deep Abyss.
Long Xueyi said: "The big lion was indeed sealed by this ice dragon, I really don't know the reason but what I can confirm is that this ice dragon is Ten Heavens Supreme Lord's friend. After Ten Heavens Supreme Lord died, the Ice Dragon Gang Ten Heavens Supreme Lord did a lot of things, such as placing the Green dragon demon-slain broadsword inside, and even created a pa.s.sage leading to the core of the earth.
Chen Xiang curled his lips and said: "He even took twenty-six treasure chests. Oh right, the Icy cold power here does not have the aura of a dragon, how do you know that the You Ming Deep Abyss's cold power is very similar to this place? "
Long Xueyi scoffed, "Are you doubting my feelings? I can tell you, the frost power here has a special attribute! I think this ice dragon definitely knows how to extract the energy inside the profoundbing, so it must be very dangerous for him to build this Dragon Cave! "
Last time, Chen Xiang melted those profoundbing that were turned into powder together and even lost control! If not for the sudden appearance of the White Tiger, if it were to erupt at that time, the people in the entire city might have been in trouble.
In the dark pa.s.sage, Chen Xiang suddenly felt a dangerous aura, and anxiously grabbed onto Long Huishan's jade hands, pulling her back with force!
"What's wrong?" Long Huishan was also shocked by Chen Xiang. He immediately took out a long blade and looked around vigilantly.
Chen Xiang took out the Green dragon demon-slain broadsword, and then, prodded it forward. A translucent white light screen suddenly appeared in front of them, and the Green dragon demon-slain broadsword was immediately covered with a kind of light purple frost.
"It really is this kind of thing!" Chen Xiang pressed his palm against the blade of the sword, and the ice on the Green dragon demon-slain broadsword immediately turned into powder, becoming exactly the same as those Primordial profoundbing.
Back to the Apocalypse
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The School Prince's Exclusive Sweetheart
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Grasping Evil
Grasping Evil Chapter 210 Part2 Author(s) : Wo Shi Mo Shui -,我是墨水 View : 409,133
Common Sense of a Warrior
Common Sense of a Warrior Chapter 75 Author(s) : Reia, 澪亜 View : 151,830


1. Walking and running – As long as you have a decent pair of shoes, you're ready to go. Walking is especially suitable for just about anyone of any age. You can always start with a short distance and work your way up to longer treks and faster strides.
2. Library – Try your local library for an amazing selection of fitness DVD's, tapes and books to keep your workouts varied.
3. Online – You can find some excellent, free and full-length streaming workout videos online at the Exercise TV site.
Try everything from boot camp to dance to Pilates, with the same well-known instructors who appear on for-sale DVD's.
4. Podcasts – First make sure you have iTunes. Install iTunes and then enjoy their numerous free podcasts. You can search on keywords such as "fitness" or "workout". I found a nice workout podcast from Prevention Magazine. The beauty of podcasts is that you can subscribe to them, which means they'll get automatically downloaded whenever there is a new episode.
5. Playground – Who says the monkey bars are just for kids? Go back to your childhood and enjoy some fun with your workout.
6. Park – Enjoy the green grass, the trees and the scenery while you walk, run or hike. Depending where you live, there might be some added attractions, such as a lake, woods or mountains in some local parks. Or maybe even learn some history, as I do when I go for walks at Valley Forge National Historical Park.
7. Stairs – Skip the elevator and get a workout at your office building, or at home if you live on more than one level.
8. Dancing – It doesn't cost a thing to throw on some music, dance around your house, and burn some calories. You might also be able to find local dance clubs that don't charge a cover (but of course you'll have to pay for drinks if you buy any).
9. Meetup groups – Check out Meetup.com and search for fitness/sports/workout interest groups to join. You'll make new friends while getting fit.
10. On TV – Fit TV is a channel devoted to fitness and workout programs, everything from toning to dance to kickboxin g and a lot more. Check your local schedules here: Discovery.com You're already paying for cable, so you might as well get the most use out of it. Also check your cable provider's free, on-demand videos for any fitness-related ones.
11. Garage sales – Think of all those people who bought treadmills and never used them. And there are many others who need to sell weight sets, videos and other things that are gathering dust in their homes. Check your local newspaper classifies for garage sale listings, and also just cruise around your neighborhood looking for garage sale signs.
One of the best places I have found to purchase textbooks is Uloop http://ow.ly/YfW7 — They connect students with other students so all transactions are local, which means you don't have to worry about shipping anything. Also, unlike Amazon & eBay they don't take a cut. This means books are cheaper (buyer) as well as more profitable (seller).


Gym short enthusiasts will find this latest design by AMERICAN JOCK Label a must have! The A J Track short is constructed entirely from a translucent fabric for a unique 'airy' look and feel. This short design has a 7 inch outer side seam with built-in liner that is also constructed in transparent fabric to cradle your privates in complete comfort during any workout activity. The garment also features contrast color trim with 1 inch covered elasticized waistband and inner drawcord for easy adjustment. The A J tab on the left hand side completes an All American and sporty look.


Locally owned, we have been in business for over 10 years, providing quality products and excellent service. We believe in treating our customers the way we like to be treated. No hidden extra costs, be timely and do quality work.
Our business is based on getting on-going references from the many people we have served over the past several years. For us to do well, we do well by our customers.
Whether it's a small room for an individual, a large commercial installation, or repeat business for one of our property managagement clients, we strive to make each one happy with the flooring choice they make and the ease of getting it installed correctly.


text:
Liefdestuin aan het hof van Filips de Goede is een 16e-eeuws schilderij bewaard in het Musée de Versailles in Parijs. Het is een anonieme kopie van een ouder werk, mogelijk het Madrileense paneel van Jan van Eyck dat teloorging in de brand van het Pardo in 1604. Een andere, 17e-eeuwse kopie bevindt zich in het Musée des Beaux-Arts van Dijon.

Voorstelling
Op het platteland, bij een lusthuis op palen gebouwd in een rivier, vindt een banket plaats waarop jonge mensen gekleed in wit en goud zijn uitgenodigd. Ze houden zich bezig met vertier dat geliefd was aan het hof: muziek, dans, eten en drinken, jagen, flaneren.

Hier en daar zijn enkele bedienden afgebeeld, zoals de twee rechtsboven die hun dorst lessen aan de fontein en de kostbare vaat afwassen. Het tafereel brengt het iconografische thema van de fontein van de eeuwige jeugd in gedachten.

Rechtsonder verschijnt een in het rood geklede figuur die afsteekt bij de rest en onhandig met een stok rondstommelt. Het is de populaire figuur van de nar, wiens taak het was om abrupt te herinneren aan de ijdelheid en de korte duur van de jeugd.

Interpretaties
In 1430 trouwde André de Toulongeon, kamerheer van de Bourgondische hertog Filips de Goede, met Jacqueline de la Trémoille. Het werk zou symbolisch tonen hoe dit gevierd werd in het kasteel van Hesdin, in aanwezigheid van Filips' hofhouding. De wonderlijke lusttuinen van het kasteel waren beroemd. Deze interpretatie is echter niet onomstreden: zowel de weergave van Toulongeon als Hesdin worden betwist. Vrij zeker blijft dat de afgebeelde gebeurtenis te situeren is tussen 4 oktober 1430 (datum waarop Brabant geïntegreerd werd in het wapen van Filips de Goede) en 10 november 1431 (datum waarop het dragen van de gulden-vliesketting verplicht werd). Portretten van Filips de Goede, Isabella van Portugal en de nar van Filips de Goede kunnen worden herkend.

Literatuur
 Anne van Buren Hagopian, "Un jardin d'amour de Philippe le Bon au parc d'Hesdin. Le rôle de Van Eyck dans une commande ducale", in: La revue du Louvre et des musées de France, 1985, p. 185-192
 Jean-Bernard de Vaivre, "Chasse à l'oiseau et cour d'amour. Note sur deux tableaux de Dijon et Versailles", in: Journal des savants, 1985, p. 313-339.
 Mané van Veldhuizen, Een verdwenen middeleeuwse voorstelling. Toetsing en consequenties van een datering aan de hand van twee zestiende-eeuwse kopieën, bachelorthesis kunstgeschiedenis, Universiteit Leiden, 2018

Externe links
Tuin der Liefde aan het hof van Philips de Goede (RKD)
Fête champêtre à la cour de Philippe le Bon (Joconde)

Schilderij in Parijs
Schilderij van de renaissance

redpajama_set_name: RedPajamaWikipedia


text:
SAS Assegaai (S99)
(Museum currently closed)
SAS Assegaai, formerly known as SAS Johanna van der Merwe, was a Daphné-class submarine of the South African Navy. Decommissioned in 2003, SAS Assegaai is the only one of the former three Daphné-class submarines to have been retained for preservation as a museum boat, the other two have been cut up and sold for scrap. The Daphné-class submarines have since been replaced by the Type 209, or Heroine-class submarines.
On 10 February 1967, after nearly two years of negotiations, an order was placed with the French Government to provide three Daphné (Dolphin)-class submarines in addition to providing the training and infrastructure to run and maintain them. The first of these submarines, SAS Maria van Riebeek, was launched on 18 March 1976 - the date accepted as being the birth of the SAN's submarine service. The second boat was SAS Emily Hobhouse, and the last of the three, SAS Johanna van der Merwe. In 1999 the three boats were renamed SAS Spear, SAS Umkhonto and SAS Assegaai respectively. In 2003, SAS Spear was cut up for scrap, followed by SAS Umkhonto in 2008 while SAS Assegaai is being preserved as a museum exhibit.
Laid down at the Dubigeon-Normandy shipyard in Nantes on 24 April 1969, she was the launched on 21 July 1970. Commissioned under command of Lt Cdr Theo Honiball on 21 August 1971, she completed her workup training in the Mediterranean, operating out of Toulon, before sailing for home on 4 May 1972. During the long passage, she was escorted by the frigate SAS President Steyn, and called at Cadiz, São Vicente, Luanda and Walvis Bay, before arriving in Simon's Town on 19 June 1972. Her arrival in South Africa marked the successful culmination of five years of construction, trials and training to establish South Africa's first ever submarine capability. It was not long before the submarines were involved in operations, and in 1975, just before Operation Savannah (Angola), SAS Johanna van der Merwe was deployed into Angolan waters under Operation Yskas to prepare for the evacuation of SA military personnel. During the South African Border War, she took part in some ten clandestine special operations.
During her career, she underwent four refits, which included installing additional fuel tanks, and the fitting of a locally developed RAKA combat suite in the 1980s, which replaced a cumbersome plotting table. In the late 1990s she received the South African developed NICKLES fully integrated software based combat suite and two state of the art rebuilt periscopes. With the acquisition of the new Type 209 submarines for the SA Navy, SAS Assegaai was paid off on 23 November 2003.
SAS Assegaai has been converted into a museum ship and is stationed in Simon's Town. A project that has been spearheaded by the South African Naval Heritage Trust, SAS Assegaai is a part of the South African Naval Museum.
For the sake of safety and preservation, it has however become necessary for urgent maintenance and repairs to be affected. As a result the ASSEGAAI was successfully docked on the syncro-lift on the 2nd of September 2015. A feasibility study is currently underway for the proposed future placement of the SAS ASSEGAAI ashore, as a Museum. Regretfully and as a result, the ASSEGAAI will be closed to the public and tours until further notice. Please contact the Officer-in-Charge SA Naval Museum, Commander Leon Steyn at 021 787 4622 or 4635 for any further information."
Address: St. Georges St, Cape Town, 7995, South Africa
Assegaai's website


I'm very satisfied with the team. They are so supportive and they do everything to help you. They keep me inform on the possess by emails or by phoning me. They explain everything really well so I don't miss anything out.


Terms and conditions. Prices are per person per night and include full scottich brekfast.
Prices are per person per night and include Full Scottish Breakfast to give you the best start a day.
Medhon Guest House is a non smoking house and please note this includes E-cigarettes. We respectfully remind guests that should anyone be, or have been, smoking in the house, we reserve the right to charge £200 to the card used to make the booking to cover the cost of short-notice deep cleaning of the room.
When you book book directly on our own website we have a minimum 48 hours cancellation. The cancellation fee is equal to 1 nights stay.