TERMS AND CONDITIONS OF HIRE
In this document the following words shall have the following meanings:
“Agreement” means these Terms and Conditions.
“Bond” means a security deposit paid by the Client to Popcycle WPP to cover any liability or other amounts owned by Popcycle WPP under this Agreement.
“Client” means any person or their associates who purchases Services or receives Services from Popcycle WPP;
“Dry Hire” means the hire of the trike without the provisions or services of Popcycle WPP staff
“Event” means the time and date upon which the Client has booked the Services of Popcycle WPP.
“Popcycle WPP” means Popcycle Wheely Posh Parties
“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 Popcycle WPP.
“Trike” is Popcycle WPP’s 3–wheel tricycle and freezer unit.
“Venue” means the location the Event will be held at.
These Terms and Conditions shall apply to all contracts for the supply of services by Popcycle WPP to the Client and shall prevail over any other documentation or communication from the Client.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Popcycle WPP.
Popcycle WPP will require a 30% non-refundable deposit of the total fees from the Client in order to confirm the booking and event date.
PRICE AND PAYMENTS
By agreeing to these Terms and Conditions;
The Client confirms that they have understood the fees associated with Popcycle WPP’s services; accept that the deposit is non-refundable; and must pay the balance of the invoice thirty (30) days prior to the Event.
Payment can be made by EFT, Bpay or by cheque. Payment in arrears will be by prior agreement only.
Popcycle WPP 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 Client. In the event that the Client 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 Popcycle WPP refund the difference should the price of that Service decrease.
Travel fees might apply to each event and booking, dependant on the event and location. This fee will be communicated at the time of quoting.
CANCELLATIONS AND REFUNDS
The deposit as stated above and provided at the time of booking is non-refundable.
If the Client cancels the booking and notifies Popcycle WPP thirty (30) days or less, prior to the Event date, the balance paid is non-refundable and 100% of the booking fee is non-refundable.
In the event that the Client decides not to employ the Services for the entire time period on the day of the Event as agreed between the parties, the Client will not receive a refund for the time they have elected to not engage the Services of Popcycle WPP.
Popcycle WPP does not provide a refund in the event of bad weather. The Client shall make alternate arrangements and must communicate these alternate arrangements at least 24 hours prior to the commencement of the Event.
Popcycle WPP does not provide a refund if the Client cannot obtain permission to use the Venue or Council land.
In the event of an emergency, and at the discretion of Popcycle WPP, the Event date and details may be modified.
The Client shall provide to Popcycle WPP all alcoholic and non-alcoholic beverages to be served at the Event.
The Client will be the recipient of the packaged gelato or sorbet at the time of the event.
The Client will be hiring the service of Popcycle WPP staff to serve the above entities unless hiring as “Dry Hire”
The Client shall provide to Popcycle WPP an estimated number of guests at the Event at least 30 (thirty) days prior to the Event. Popcycle WPP reserves the right to change the price of the Service if the number of guests at the Event exceeds a reasonable estimate as required under this clause.
The Client must provide Popcycle WPP WPP 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.
If a potential compromise is present at the event, or in the lead up to the event, the location of the Popcycle WPP Equipment and staff is at the discretion or Popcycle WPP team.
In the case that a suitable location is unavailable to Popcycle WPP, Popcycle WPP has the discretion to cancel the event, and does not have to refund the Client.
The client will agree that any photographs or pictures from an event can be used by Popcycle WPP on their Website, printed materiel or social media accounts unless stated.
If the Event is at a public area that is not a private residence or hired function venue, the Client shall ensure it obtains permission from the relevant authority to set up the Event in that area.
The Client shall communicate the outcome of obtaining that permission at least thirty (30) days prior to the Event.
Popcycle WPP will not provide a refund if the Client does not obtain permission at pease 30 days prior to the event.
ACCESS TO VENUE AND SET UP
The Client shall ensure Popcycle WPP has access to the Venue at least one (1) hour prior to the Event starting to allow adequate time to set up.
The Client shall ensure Popcycle WPP has at least one (1) hour from the end time of the Event to dismantle and vacate the venue.
If the Client shall require Popcycle WPP to bump-in at specific times, exceeding 1.5 hours prior to the event, an additional fee will be charged.
The Client shall ensure there is a secure parking spot for Popcycle WPP’s vehicle next to the Venue.
The Client shall ensure there is a flat surface of approximately 3 meters long and 2.5m wide at the Venue for the Equipment
Popcycle WPP requires access to a power supply. The Client shall ensure there is a power supply at or near the Venue.
Our services require access to a 10AMP powerpoint, not connected to any other equipment. If this not available a $30AUD fee will apply for a portable power supply.
The Client shall be responsible and must provide waste collection and removal services at the Venue. Popcycle WPP is not responsible for removing ANY food and drink waste from the event location.
POPCYCLE WPP’S OBLIGATIONS
Popcycle WPP shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
In the event of alcohol being supplied: Popcycle WPP reserves the right to refuse service to anyone under eighteen (18) years of age. All guests of the Client must provide proof of age if they wish to be served with alcohol.
Popcycle WPP reserves the right to refuse service to anyone who is excessively drunk, or who is abusive or threatening to staff or other guests.
Popcycle WPP 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.
DAMAGE TO POPCYCLE WPPS PROPERTY
In the event that the Client or any third party associated with the Client damages the property of Popcycle WPP, the Client will bear the costs of rectifying the damage.
If any of the crockery and glassware are damaged, the Client shall be charged $4 or another amount nominated by Popcycle WPP for each item damaged.
If Popcycle WPP’s Equipment is damaged, the damage shall be assessed by Popcycle WPP’s nominated choice of repairer and the Client shall pay the cost of rectifying the damage.
The Client shall undertake to keep Popcycle WPP compensated 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.
DRY HIRE OF OUR TRIKE
Our trike/equipment can be used only for the purpose of which it has been designed and for the use of the purpose of hire.
The Client is responsible for inspecting the trike and equipment prior use. We will require that the Client inform Popcycle WPP of any damage prior to the use of the trike/equipment.
If in the unlikely event the equipment should fail or develop a fault, we will require the Client to notify Popcycle WPP immediately.
Popcycle WPP will require a refundable bond of $1000
Our trike and equipment must be returned in the same condition as it was delivered. We will inspect the equipment on its return to Popcycle WPP. Any damage incurred during the hire period may be charged to the Client or the bond retained by Popcycle WPP.
DELIVERY, INSTALLATION & COLLECTION
Popcycle WPP needs to arrive at your venue an hour before your event is due to start in order to set up. If we are delayed because we can’t get access to the venue for whatever reason and Popcycle WPP is late at your event we cannot be held responsible for the time lost. We will not refund any part of this lost time serving.
We require a suitable loading space in order to unload and load safely.
Our trike requires a clear unobstructed path from our vehicle into the venue. We can’t do stairs. We can use ramps and service lifts.
We require a parking space big enough for a car and trailer. Failing to provide a parking space may result in a delay setting up. If we have to find and pay for a parking space the Client will be charged $70.
If for any reason the Client requires Popcycle WPP to attend sooner than an hour earlier or requires us to stay beyond our allocated time then additional fees will be added.
Should we need identification cards, access codes, entry instructions etc, Popcycle WPP should be informed prior to arrival. Again, if we are delayed then we may not get to your event on time. These could also incur extra costs to the Client if additional time is required on site.
WEATHER (IT HAPPENS)
Should the weather be against us it will be the Clients responsibility to inform us of any changes or alternative arrangements made at least 2 hours before Popcycle WPP arrives.
If we do not receive notification of alternative arrangements prior to arrival, we may be late for your event, have to terminate the service and the Client will not be entitled to a refund.
In the event of bad weather where it is deemed that our equipment may get damaged, Popcycle WPP reserves the right to refuse bringing our equipment unless alternative arrangements have been made.
PROMOTIONAL BRANDING, LOGOS AND ARTWORK
Popcycle WPP requires branding and art work to be delivered in print ready format no less than 14 days before the event. If the Client requires Popcycle WPP to produce artwork, branding, special messages etc Popcycle WPP requires 30days notice prior to the event. Producing branding and artwork in less than the allocated time may result in extra fees.
The Clients will be sent artwork proofs which can be changed. Additional changes will incur a charge.
LIMITATION OF LIABILITY
POPCYCLE WPP cannot be held responsible or liable for any personal injury, death, loss or theft of any personal items caused by the Client or parties known or associated to the Client as a result of breach of contract, negligence, however caused in connection with the service provided.
POPCYCLE WPP cannot be held responsible for:
Spillage of food or drink by service or guest
Damage caused by guests;
Client’s and guest’s actions and behaviour.
Popcycle WPP require Clients to have suitable insurance to cover the event. Popcycle WPP may request the Client to supply evidence of such insurance.
POPCYCLE WPP PROPERTY
The contents of Popcycle WPP’s website or any intellectual property of Popcycle WPP, including but not limited to photographs, 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 Popcycle WPP.
Popcycle WPP’s trike and equipment will remain their property. Equipment and the trike should be returned in the same condition as it was delivered to the Client.
BREACHING THE TERMS AND CONDITIONS
If the Client breaches any terms and conditions or Popcycle WPP suspects a breach then Popcycle WPP is within their rights to terminate the service unless the breach can be rectified.
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.
In the event of a dispute between Popcycle WPP and the Client 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 Client may give notice to the other of their intention to refer the dispute to mediation.
Where Popcycle WPP or Client 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.
If Popcycle WPP or Client do not agree within five business days of receipt of that notice as to:
The dispute resolution technique and procedures to be adopted;
The timetable for all steps in those procedures; and
The selection and compensation of the independent person required for such technique;
Popcycle WPP or Client 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.
Popcycle WPP or Client must bear their own costs of dealing with any dispute and the costs of any expert or mediator.
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.