TERMS AND CONDITIONS
These Terms may be amended from time to time, together with any documents, policies, or terms they expressly incorporate by reference and are entered into with Gathering Events.
In this document the following words shall have the following meanings:
2.1. “Agreement” means these Terms and Conditions.
2.2. “Bond” means a security deposit paid by the Customer to the Supplier to cover any liability or other amounts owned by the Supplier under this Agreement.
2.3. “Customer” means any person or their associates who purchases Services or receives Services from the Supplier;
2.4. “Dry Hire” means the hire of plant and equipment under the exclusive direction and control of the Supplier.
2.5. “Event” means the time and date upon which the Customer has booked the Services of the Supplier.
2.6. “GST” means Goods and Services Tax imposed by A New Tax System (Goods and Services Tax) Act 1999.
2.7. “Plant and Equipment” means the items listed in clause 7.1 and any other equipment provided to the Customer by the Supplier.
2.8. “Service” means the service stated in clause 7 of this Agreement.
2.9. “Supplier” means the business trading as MacMillan Holdings Pty Ltd ATF MacMillan and Company Family Trust, ABN 60 632 748 955 at 3/8 Petrie Terrace, Brisbane 4000 and any of its associates or related parties.
2.10. “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.11. “Venue” means the location the Event will be held at.
3.1. These Terms and Conditions shall apply to all contracts for the supply of services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
3.2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
4. DEPOSIT AND BOND
4.1. A deposit is required from the Customer to confirm the booking.
4.2. The Supplier requires a 50% non-refundable amount of the total fees at the time of booking (“the deposit”).
4.3. The Supplier requires a Bond of two hundred and twenty dollars ($220) GST inclusive and must be paid thirty (30) days before the Event date. This Bond will be returned to the Customer after the Event has concluded.
4.4. If any damage has been incurred during the Event, the cost of rectifying the damage shall be deducted from the Bond amount. If no damage has been incurred, the Bond shall be returned to the Customer by Electronic Fund Transfer (EFT) to a bank account nominated by the Customer.
5. PRICE AND PAYMENTS
5.1. By agreeing to these Terms and Conditions, the Customer:
5.1.1. Confirms that they have understood the fees associated with the Supplier’s services;
5.1.2. Accept that the deposit is non-refundable; and
5.1.3. Accept that a Bond is required.
5.2. The Customer must pay the balance of the invoice thirty (30) days prior to the Event.
5.3. Payment can be made by credit or debit card over the phone, by EFT or by cheque. Payment in arrears will be by prior agreement only.
5.4. The Supplier reserves the right to change the price of any Service at any time. Once the booking is confirmed, the price shall remain fixed for the Customer. In the event that the Customer chooses to add extra services for the Event after a booking has been confirmed, the price of the booking will be increased. Under no circumstances shall the Supplier refund the difference should the price of that Service decrease.
5.5. If the Venue is based in Brisbane (central CBD) then there are no additional fees.
5.6. If the Venue is based outside of Brisbane CBD, the Customer shall be charged at the rate of eighty-eight dollars ($88) GST inclusive, per hour for each hour of additional travel.
Extension of Service
5.7. In the event of the Customer requesting the Supplier to extend the Service, the Customer shall be charged at the rate of two hundred and twenty dollars ($220) GST inclusive, per hour for each additional hour of Service.
6. CANCELLATIONS AND REFUNDS
6.1. The deposit as stated in clause 4.2 and provided at the time of booking is non-refundable.
6.2. The remaining booking payment is required 30 days prior to the event.
6.3. If the Customer cancels the booking and notifies the Supplier thirty (30) days or less, prior to the Event date, the balance paid as stated in clause 5.2 is non-refundable and 100% of the booking fee is non-refundable.
6.4. In the event that the Customer decides not to engage the Services for the entire time period on the day of the Event as agreed between the parties, the Customer will not receive a refund for the time they have elected to not engage the Services of the Supplier.
6.5. The Supplier does not provide a refund in the event of bad weather. The Customer shall make alternate arrangements and must communicate these alternate arrangements at least three (4) hours prior to the commencement of the Event.
6.6. The Supplier does not provide a refund if the Customer cannot obtain permission to use the Venue.
6.7. In the event of an emergency, and at the discretion of the Supplier, the Event date and details may be modified.
7.1. The Supplier will supply the following to the Customer:
7.1.1. A mobile caravan bar or “popped-up bar” as agreed between the Customer and Supplier;
7.1.2. Two RSA qualified bar attendants;
7.1.4. Ice for service for the Supplier’s bars only; and
7.1.5. All associated bar equipment.
7.2. The Supplier does not have a liquor licence and does not sell alcohol. If the Customer wishes to serve alcoholic items at the Event, they must provide the alcoholic items to the Supplier as stated in Clause 8.1 of this Agreement.
7.3. The Supplier can serve bottled beer and cider, wine, champagne, soft-drinks, water, cocktails, tea and coffee.
7.4. The Supplier can provide tea and coffee service at the Event at the cost of three dollars and thirty cents ($3.30) GST inclusive, per person.
8. CUSTOMER’S OBLIGATIONS
8.1. The Customer shall provide to the Supplier all alcoholic and non-alcoholic beverages to be served at the Event.
8.2. The Customer shall provide to the Supplier an estimated number of guests at the Event at least 30 (thirty) days prior to the Event. The Supplier reserves the right to change the price of the Service in accordance to clause 5.4 if the number of guests at the Event exceeds a reasonable estimate as required under this clause.
8.3. The Customer must provide Gathering Events bar and staff with a safe, secure and suitable set-up and service location for the event. This location must be clear from rain, direct sun or potential areas that may damage equipment or risk staff health and safety.
8.3.1. If a potential compromise is present at the event, or in the lead up to the event, the location of the Gathering Events equipment and staff is at the discretion or Gathering Events team.
8.3.2. In the case that a suitable location is unavailable to Gathering Events, the Supplier has the discretion to cancel the event, and does not have to refund the Customer.
8.4. If the Event is at a public area that is not a private residence or hired function venue, the Customer shall ensure it obtains permission from the relevant authority to set up the Event in that area.
8.5. The Customer shall communicate the outcome of obtaining that permission at least thirty (30) days prior to the Event.
8.6. The Supplier will not provide a refund if the Customer does not obtain permission within the time stated in clause 8.4.
Access to Venue and Set up
8.7. The Customer shall ensure the Supplier has access to the Venue at least two (2) hours prior to the Event starting to allow adequate time to set up.
8.8. The Customer shall ensure the Supplier has at least one (1) hour from the end time of the Event to dismantle and vacate the venue.
8.9. If the customer shall require Gathering Events to bump-in at specific times, exceeding 1.5 hours prior to the event, an additional fee will be charged.
8.10. The Customer shall ensure there is a secure parking spot for the Supplier’s vehicle next to the Venue.
8.11. The Customer shall ensure there is a flat surface of approximately 4.2m long and 2.5m wide at the Venue for the mobile caravan bar.
8.12. The Supplier requires access to a power supply. The Customer shall ensure there is a power supply at or near the Venue. If there is no power supply at or near the Venue, the Supplier can provide the Customer a generator at a cost, for the purpose of the Event.
8.13. The Customer shall be responsible and must provide waste collection and removal services at the Venue.
9. SUPPLIER’S OBLIGATIONS
9.1. The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
9.2. In the event of alcohol being supplied:
9.2.1. The Supplier reserves the right to refuse service to anyone under eighteen (18) years of age. All guests of the Customer must provide proof of age if they wish to be served with alcohol.
9.2.2. The Supplier reserves the right to refuse service to anyone who is excessively drunk, or who is abusive or threatening to staff or other guests.
9.2.3. The Supplier reserves the right to refuse service to anyone who purchases or attempts to purchase alcohol for someone under the age of 18 or for someone who has previously been refused alcohol.
10. DAMAGE TO SUPPLIER’S PROPERTY
10.1. In the event that the Customer or any third party associated with the Customer damages the property of the Supplier, the Customer will bear the costs of rectifying the damage.
10.2. If any of the crockery and glassware are damaged, the Customer shall be charged $4 or another amount nominated by the Supplier for each item damaged.
10.3. If the Supplier’s caravan is damaged, the damage shall be assessed by the Supplier’s nominated choice of workshop and the Customer shall pay the cost of rectifying the damage.
10.4. The Customer shall undertake to keep the Supplier compensate against any damages, costs, liabilities and expenses potentially incurred to the mobile caravan bar, and/or losses incurred as a result of said potential damages.
11. DRY HIRE
11.1. The Plant and Equipment will only be used for a proper purpose and for which it has been designed, manufactured and supplied.
11.2. Prior to the first use of the Customer, the Customer must fully inspect the Plant and Equipment. The Customer will notify the Supplier immediately if the Plant and Equipment supplied is damaged.
11.3. In the event of a breakdown of the Plant and Equipment, the Customer shall immediately notify the Supplier.
11.4. All Plants and Equipment provided by the Supplier to the Customer must be returned to the Supplier in the same condition and state of which it was delivered. The Supplier reserves the right to inspect the Plant and Equipment upon return of the Plant and Equipment and any damages must be compensated according to clause 10.3.
12.1. In the event of bad weather, it is the responsibility of the Customer to make alternate arrangements. These alternate arrangements must be communicated to the Supplier at least three (3) hours prior to the commencement of the event.
12.2. If these alternate arrangements are not communicated to the Supplier by the time required in clause 12.1, then the Supplier may terminate the services and no refund will be provided.
12.3. If the requirements in clause 12.1 are not met, the Supplier reserves the right from bringing any equipment or item to the Event that they deem may be damaged from the bad weather, and no refund will be provided
13.1. The Supplier may assign, transfer, sub-contract or otherwise deal with their rights and/or obligations under these Terms and Conditions.
13.2. The Customer may not without prior written consent assign, transfer, sub-contract or otherwise deal with any of their rights and/or obligations under these Terms and Conditions.
14. LIMITATION OF LIABILITY
14.1. The Supplier shall not be liable for any death, personal injury, loss or damage suffered by the Customer or any third parties associated with the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in connection with the Services.
14.2. The Supplier will not be held responsible for the following:
14.2.1. Scratches on the venue floor;
14.2.2. Drink spillages during service or by guests;
14.2.3. Any damage caused by guests;
14.2.4. Any perceived damages that was caused whilst carrying out normal bartender duties;
14.2.5. Where the venue requires the floor to be protected underneath the caravan, it is the client’s responsibility to ensure that the floor is covered prior to the Supplier’s arrival for set up; and
14.2.6. The Customer is responsible for their guest’s actions.
14.3. The Customer must have suitable insurance coverage for the Event and the Supplier reserves the right to request the Customer to supply evidence of suitable insurance coverage for the Event at any time.
15. FORCE MAJEURE
15.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, or breakdown of plant or machinery, and the party shall be entitled to a reasonable extension of its obligations as agreed between the parties.
16. GATHERING EVENT’S PROPERTY
16.1. The contents of the Supplier’s website or any intellectual property of the Supplier, including but not limited to photographs, trademark, logos and content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of the Supplier.
16.2. Any Plant and Equipment provided by the Supplier will remain the property of Gathering Events and be returned in the state of which it was delivered.
17. BREACHES OF THESE TERMS AND CONDITIONS
17.1. Without prejudice to the Supplier’s other rights under these Terms and Conditions, if the Customer breach any of these Terms and Conditions in any way, or if the Supplier reasonably suspects that the Customer has breached these Terms and Conditions in any way, the Supplier may terminate the Service unless the breach is rectified within an agreed timeframe between the parties.
18.1. If any term or provision of these Terms or Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19.1. In the event of a dispute between the Supplier and the Customer concerning the interpretation of any of the Terms and Conditions or the performance of any of the terms of this Agreement, and such matter or matters in dispute are not resolved within 30 business days of it first arising, they must in good faith endeavour to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them. If the dispute is not promptly resolved, either Supplier or Customer may give notice to the other of their intention to refer the dispute to mediation.
19.2. Where the Supplier or Customer gives notice of their intention to refer a dispute to mediation that party must with that notice provide to the other parties a memorandum setting out its position on the dispute and its reasons for adopting such a position.
19.3. If the Supplier or Customer do not agree within five business days of receipt of that notice as to:
19.3.1. The dispute resolution technique and procedures to be adopted;
19.3.2. The timetable for all steps in those procedures; and
19.3.3. The selection and compensation of the independent person required for such technique;
the Supplier or Customer must mediate the dispute in accordance with the Australian National Mediator Standards, with the mediator to be selected by the Queensland Law Society and the mediation organised by them or a similar organisation agreed to by all parties.
19.4. The Supplier or Customer must bear their own costs of dealing with any dispute and the costs of any expert or mediator.
20. GOVERNING LAW
20.1. These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Queensland courts.