Terms & Conditions

Efferevescence Champagne Festival

Event – Terms and Conditions

  1. Definitions

Agreement means the terms and conditions contained herein this agreement, the Event Booking Form, and the Tax invoice;

Customer means the applicant named on the Event Booking Form;

Effervescences Champagne Trail means a champagne tasting afternoon as advertised on the Supplier’s website

Effervescence VIP Package means a weekend champagne immersion as advertised on the Supplier’s website

Event Booking Form means the event booking form provided by the Supplier;

Goods means any and all goods supplied by the Supplier to the Customer from time to time pursuant to the Event Booking Form or any variation thereof;

Purchase Price means the costs of the Goods or Services as at the date of this Agreement;

Supplier means RBL INTERNATIONAL PTY LTD ABN 65121870648.

Quote means the Supplier’s Quote provided to the Customer for the Services and/or Goods;

Services means any goods or services supplied by the Supplier to the Customer from time to time that relate to any work or service contemplated by this Agreement and the Quote/Order Acknowledgement;

Substantial Change means any variation to Quote that may in any way effect the scope of Services and/or Goods to be provided as determined by the Supplier; and

Tax Invoice means the tax invoice supplied by the Supplier to the Customer

 

  1. Acceptance of Terms and Conditions

2.1           These terms and conditions are deemed to be accepted by the Customer upon either of the following events occurring:

(a)             the Application Form/Event Booking Form is submitted by the Customer or their Authorised Representative ; or

(b)            the Customer instructs the Supplier to supply the Services and/or Goods

  1. Price

3.1           The price payable for the Services and/or Goods is the Purchase Price.

3.2           Prices are current as at the date that the Booking Form is submitted by the Customer.

3.3           The Purchase Price contained in the Quote remains valid for a period of 30 days from the date that it is provided to the Customer.

  1. Terms of Payment

4.1           All payments to the Supplier:

(a)             must be made through the booking site

4.2           The Supplier reserves the right at any time to withhold or cancel the supply of the Services and/or Goods any time, without notice, if the Customer fails to comply with the terms of this Agreement.

4.3           The Supplier may withhold access to and delivery of any Goods or performance of any Services until clear payment is received.

 

  1. Termination/Cancellation

Unless otherwise state above, the Customer accept the following Termination/Cancellation policy in regards to the supply of Services and/or Goods:

5.1           In regards to the following, specific events organised by the Supplier, the Customer accepts:

5.2           Effervescence Champagne Trail – No returns or refunds will be available less than ten days  prior to the event. Tickets are transferable.

5.3           Effervescence VIP  and Room Packages, and Full Day/Lunch packages – No return or refunds will be available less than two (2) weeks prior to the event. A fifty percent (50%) refund will be available if a cancellation is made more than two (2) weeks and less that one (1) month prior to the event. A full refund will be available if cancellation is made more than one (1) month in advance.

 

  1. Warranties and Indemnities

6.1           The Customer warrants:

(a)             that all information provided to the Supplier is accurate and acknowledges that the Supplier has placed reliance on the information provided and is not required to make any enquires to determine the validity of the information provided;

6.2           The Customer authorises the Supplier to:

(a)             the extent permitted by law, to collect, retain and use any information about the Customer; and

(b)            disclose any information obtained by any person for the purposes of delivering the Services and/or Goods.

6.3           The Customer indemnifies the Supplier against:

(a)             any penalty or liability incurred by the Supplier for any breach by the Customer of this Agreement; and

(b)            all actions, claims, demands, losses, damages, costs and expenses which the Supplier may sustain or incur or for which the Supplier may become liable whether during or after the term of this Agreement, by reason of any act or omission or negligence by the Supplier and its respective employees or any other authorised person.

6.4           The Supplier is not liable for any defect or damage caused by the Supplier providing or supplying the Services and/or Goods.

6.5           The Supplier is not liable to compensate the Customer for any losses incurred for failure or delay if such is due to fire, cyclone, earthquake, flood, tsunami, inclement weather, strike, labour dispute, war, government order, riot, revolution, pandemic, civil commotion or any other cause beyond its reasonable control.

 

  1. Responsible Service of Alcohol

(a) In accordance with the Liquor Act, & the responsible service of alcohol, all guests deemed to be intoxicated will be refused service & may be asked to leave the premises.

(b) All attendees must be over the age of 18 years old & hold a valid form of identification.

 

  1. Delivery of Services and Variation

8.1           The Customer must provide the completed Event Booking Order Form to the Supplier prior to any Services being undertaken or Goods being supplied.

8.2           The Services and/or Goods that the Supplier is to supply are limited to the Services and/or Goods as noted on the Event Booking Form.

8.3           The Supplier may refuse to supply Services and/or Goods to the Customer in the event that monies owed to the Supplier by the Customer are outstanding.

8.4           Despite any negligence on the part of the Supplier, or its agents, the Supplier will not be liable for any loss, damage, delay, cost or expense occasioned to the Customer or any third parties arising from late or non-delivery or late installation of the Goods or Services caused by the delivery carrier, or its agents.

8.5           The Services and/or Goods that the Supplier will provide to the Customer are limited to those Services and/or Goods as contained in the Event Booking Form and any additional Services and/or Goods or variations thereof that may be required may incur an additional fee which shall be determined by the Supplier upon assessment.

8.6           The Supplier will, on becoming aware of any actual or potential delay in providing any Services and/or Goods, provide the Customer with notice as to the nature and cause of the delay and provide an amended timeframe for the Services and/or Goods to be supplied.

8.7           The Supplier is not liable to the Customer for any failure to perform or supply the Services and/or Goods, or delay for performing of supplying the Services and/or Goods.

8.8           The Supplier may vary the location of any event at any time and the Customer is not entitled to a refund.

8.9 Should an event to be held outside and due to weather or some other circumstance the event may be relocated by the Supplier without any compensation payable to the Customer.

 

  1. Dietary Requirements

9.1           The customer must inform the Supplier at the time of submitting the Event Booking Form of any dietary requirements including food allergies or intolerances.

9.2          All risk shall pass to the Customer for any allergic reactions to food supplied by the Supplier or third parties.

 

  1. General

10.1        Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricted or modifying any condition, warranty, guarantee, right or remedy implied by the law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

10.2        These terms and conditions supersede all terms and conditions previously issued by the Supplier.

10.3        The parties acknowledge that this Agreement is intended as a contract for the supply of Services and/or Goods and not any other relationship and, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.

10.4        This Agreement is personal to the Customer and must not be assigned without the prior written consent of the Supplier. Such consent must be reasonably given by the Supplier and must not                 be unreasonable withheld.

10.5        A communication required by this Agreement, by a party to another, must be in writing and may be given to them by being:

(a)             Delivered personally;

(b)            Posted to their address specified in this agreement, or as later notified by them, in which case it will be treated as having been received on the second business day after posting;

(c)             Faxed to the facsimile number of the party with acknowledgment of receipt received electronically by the sender, when it will be treated as received on the day of sending; or

(d)            Sent by email to their email address, when it will be treated as received on that day.

10.6        If any provision, or the application of any provision, of this Agreement is prohibited, invalid, void, illegal or unenforceable in any jurisdiction:

(a)             this will not affect the validity and enforceability of the provision or part in other jurisdictions;

(b)            the provision or part will only be ineffective to the extent of the prohibition, invalidity, voidness or illegality; and

(c)             the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this Agreement.

10.7        Any waiver of a right under this Agreement must be in writing and signed by the party granting the waiver and will not operate as a waiver in relation to any subsequent matter.

10.8        Any failure, delay, forbearance or indulgence by a party in an exercise, or partial exercise, of a right arising under this Agreement will not result in a waiver of that right or prejudice or            restrict the rights of the party.

10.9        Each party must do all things and execute all further documents necessary to give full effect to this Agreement.

10.10     Each party acknowledges that the party has received legal advice or has had the opportunity of obtaining legal advice in relation to this Agreement.

10.11     This Agreement will be governed by the laws of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.

10.12     This Agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the Agreement will be the date on which it is executed by the last party

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