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Terms & Conditions

(Not fun, but important shiz)

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Please read the terms & conditions below carefully. By making a booking through confirming a quote via signature, acceptance by return email, deposit payment or remittance of funds, the Customer acknowledges and agrees to the Company’s Terms and Conditions.

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1. Definitions

The “Company” is the registered owner of boho & prosecco

The “Customer” refers to the person, firm or corporation booking an event or hiring the Venue.

“Terms” means these Terms and Conditions.

“Booking” refers to the services agreed between the Company and the Customer.

"Equipment" means the items hired by the Customer from the Company from time to time.

These conditions of hire apply to all bookings by the Company to each Customer unless the Customer is otherwise notified in writing.

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2. Quotation

Unless otherwise stated in writing, the Company's quotation will be valid for a period of up to seven days from date of issue, after which time acceptance of any order placed is subject to written confirmation. Acceptance of the quotation is subject to written confirmation, payment of deposit and acceptance of the Company's Terms & Conditions of Booking. Bookings are only confirmed when payment has been received, and a confirmation email sent to the client. Booking time slot availability is not guaranteed until deposit payment has been received.

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Package fees are determined based on the following factors:

- Equipment hire costs, maintenance & replacement

- Fresh flowers (to an approximate value of 10% of the picnic package fee. Specific flower requests that exceed this quotation will be charged to the customer)

- Human Resource time required for administration, preparation, set up, pack down  and clean up of the booking.

- Business overheads

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Please note that package fees cover picnic set up and pack down only. We are not event coordinators and therefore not responsible for coordinating or taking payment on behalf of other vendors for you. We will happily answer any questions they may have relating to the event and can provide them with location on the day if you wish however responsibility falls on the customer to provide all vendors with updated information. 

 

Based on the above, the hourly rate for the package equates to approx. $55 per hour and in the event of approved refund of time, this will be refunded at this same rate per hour.

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Set down & pack up for bookings greater than 35kms from Wangara via the most direct route will incur an additional $50 surcharge. Set down & pack up for bookings greater than 50kms from Wangara via the most direct route  will incur an additional $100 surcharge. Surcharge for set down & pack up bookings further than 75kms from Wangara via the most direct route will be negotiated with the Customer and Company.

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Bookings on sand or on the beachfront will incur a cleaning surcharge of:

  • Up to 10 people - $121

  • 11 - 15  people - $165

  • 16 - 20 people - $220

  • 21 - 26 people - $275

  • 27 - 30 people - $330

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Bearing in mind that set ups include the lifting of heavy tables, rugs & tubs, the safety of our staff is of utmost importance to us, therefore;

  • Bookings with a set up location further than 50m - 75m from accessible parking require an additional staff member for security of the property and  must be agreed upon prior to booking. This will incur a surcharge of:

    • Up to 10 people - $165

    • 11 - 15  people - $220

    • 16 - 20 people - $275

    • 21 - 26 people - $330

    • 27 - 30 people - $385

    • Bookings greater than 30 people is by negotiation with the customer & company.

    • Booking locations must not exceed greater than 75m from the carpark to the set up location.

  • Bookings between 2-10 people that require equipment to be carried up or down a staircase of between 10-20 stairs will incur a $55 surcharge. Bookings between 10-20 people that require equipment to be carried up or down a staircase of between 10-20 stairs will incur a $110 surcharge. Bookings greater than 20 x people that require equipment to be lifted greater than 20 steps will require lift access to proceed.

  • Bookings that require lift access to the set up area will incur a $110 surcharge for bookings of up to 10 people and a $165 surcharge for bookings of up to 20 people. For bookings greater than 20 people, please contact the company prior to booking.

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While a specific location may be requested, there is no guarantee that the booking will occur in the exact requested location. The Company will take every opportunity to honour the location request, however this may vary on the day of the booking subject to parking requirements and location access. Based on this, should you wish for your booking to be moved upon arrival, this is subject to the staff members availability based on successive bookings and will incur a fee of $110.

 

The Customer accepts that the Company will select the best possible location keeping in mind the Customers request on the day of the event. Any variation to the suburb of the location confirmed at the time of booking must be ​agreed between the Customer & the Company due the the impact a location change may have on successive bookings. .

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For indoor venues where a hire fee is required, the customer is liable for the hire fee for the time required for the set up and pack down of the event, in addition to the booking time. The customer is responsible for locating and coordinating the booking of indoor venues. This does not fall under the responsibility of the Company unless agreed.

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Catering options are quoted subject to availability of the caterer. Where time has lapsed between quote and confirmation, availability of the caterer is subject to change.  Quoted catering menu options may differ on the date of the event due to availability of produce,  and availability of the requested caterer. The customer accepts that the best possible option for catering will be provided on the day of the event however may vary due to unforeseen circumstances.

 

Date night and proposal grazing boxes are valued at $50 unless custom requests are made.

 

The customer is responsible for removing all rubbish they bring with them. This includes bottles, food scraps, wrapping paper and all general rubbish. Grazing platters provided by third party grazers are also to be removed by the customer, or the grazer. Unfortunately we cannot take grazers platters away from the booking site with us. Failure to comply will result in a $55 cleaning surcharge per cluster of 10 x guests. Please also note the set up is not suitable for children as glassware is used, and floor rugs are full sized rugs that may require a professional clean at the customers expense if excessive stains not removable with our steam cleaner are found at the conclusion of the event.

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Other coordination services (e.g. balloon garland, photographer, musician, additional floristry, additional furniture or other event requirements outside of the picnic package can be provided for an additional fee, quoted subject to customer requirements.

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Public holiday bookings incur a 15% surcharge.

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Group Packages over $1000 in value include one site visit to determine space & location requirements, as required. Additional site visits unless requested by the Company incur an additional fee of $100 per visit.

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3. Payment

A non-refundable deposit of 50% is required to secure a quote. Remaining balance must be paid 14 days prior to the event. All events & DIY hires booked less than 2 (two) weeks prior to the booking date require full payment to confirm the booking. The event set up will not occur without full payment prior.

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Where agreed between the Company and the Customer, in the event the set up occurs prior to full payment being made, the Customer agrees to make full payment within 7 days of the conclusion of the event. The Customer agrees that where payment is not made within 7 days of the event conclusion, a weekly fee of 2.5% of the full booking fee will be incurred until the balance is paid or handed over to a third party collection agency of which additional fees may be charged. The company reserves the right to pass any outstanding debts along with your personal details to a third party agency for retrieval at any time following the execution of the booking if charges remain unpaid. 

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By making payment you are agreeing to the terms and agree to pay the Company the fee specified for the services for the stated period including any applicable GST, stamp duties, penalties, levies or freight and other charges relevant to this agreement.

Payment must be made by credit card or bank transfer.

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Credit card security details must be provided at the time of order placement. A booking will not be confirmed until and unless credit card security details are endorsed and supplied to the owner.  No payment will be taken from the given credit card unless damage is made to items or property.

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All prices of boho & prosecco are in Australian Dollars (AUD).

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4. Hire Obligations

Unless otherwise agreed by the Customer and the Company, all sitting times are for a 2.5 hour period. 

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Extension to the sitting time will not occur in the event the customer does not arrive on time. The commencement and conclusion time of a booking will remain as per the original agreed booking.

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To avoid impact on successive bookings, in the event a Customer is greater than 15 minutes late to a booking, forfeiture of the booking will occur.

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In the event a DIY package is hired, collection of the hired items will occur at an agreed time, and are hired out for a maximum period of 24 hours from the time of collection to the time of return. A fee of $55 per hour will be charged outside of the 24 hour hire period unless agreed in advance. In the event the items are not returned at the agreed time and this has an impact on another booking that requires the hired equipment, the customer is liable for the full booking fee of the impacted booking.

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DIY hires require all glassware, crockery, cutlery, boards and other items used for food and beverage consumption to be returned washed and sanitised. All rugs are to be vacuumed and  returned unsoiled, and cushions are to be returned free of marks and soiling. Failure to comply with any of the above with result in a cleaning fee of 25% of the total package fee.

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Use of a potentially conflicting business in the vicinity of the boho & prosecco set up must only occur with prior negotiation between the Company, Customer and other Third Party provider.

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Where set up of equipment or consumption of alcohol requires council requires permission, it is the responsibility of the customer to ascertain and obtain the relevant permission/licence. boho & prosecco takes no liability for infringement by any enforcing body.

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5. Extended Hire

The Customer agrees that the booking is for the agreed duration as confirmed at the time full payment for the booking occurs.

 

A request to extend booking duration must occur 4 days prior to the booking date and is subject to availability. No refunds will be issued in the event the extended hire is not fully utilized.

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Extended hire is charged at a rate of $55 incl. GST per hour.

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Overnight hire can be negotiated with the customer and company subject to location. Overnight hire requires collection prior to 10am the following day, after which the extended hire rate of $55 incl. GST per hour commences.

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6. Cancellation and Variation of Orders

The Client may cancel a booking but may forfeit any fees paid as follows:

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- If booking is cancelled 2 (two) or more weeks before the event date,  boho & prosecco will make a full refund of any booking fees paid minus the 50% (fifty percent) deposit paid. This does not vary no matter the circumstances surrounding cancellation with the exception of the COVID DISCLAIMER referenced at the conclusion of these terms and conditions.  

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- Bookings cancelled within 2 (two) weeks of the event date will forfeit 100% (one hundred percent) of the total booking fees with the exception of the COVID DISCLAIMER referenced at the conclusion of these terms and conditions.  

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- In the event the booking is cancelled, if the Customer has not paid the full balance within 2 (two) weeks of the event date, a weekly fee of 2.5% of the full booking fee will be incurred until the balance is paid, with the exception of the COVID DISCLAIMER referenced at the conclusion of these terms and conditions.  .

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boho & prosecco has full right to charge the client full fees for services that occurred or were purchased for the event (ie. Catering, balloons, additional furniture hire, décor items or other) before the cancellation.

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Bookings cannot be downsized once confirmed with payment of the deposit. 

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In the event of bad weather, alternative plans, location or rescheduling must occur 4 days prior to the booking date. Temporary gazebos are not suitable for bookings due to council restrictions and setting up on wet grass.  The Customer agrees that boho & prosecco can advise of the need for a location change due to predicted weather and for security of the property and safety of staff, may refuse set up should an alternative location not be sought. It is the responsibility of the customer to source an alternative location. Bookings which are paid in full that require cancellation due to bad/severe weather, where practicable, will be re-scheduled within a 3 month period. Additional costs for all the perishable items e.g. flowers, food etc. will be incurred if cancelled/rescheduled less than 96 hours prior to the event. Rescheduled dates are subject to availability.

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The company reserves the right to cancel the booking on reasonable grounds within any period leading up to the event. In the event this occurs, the customer will be refunded in full with the exception of where the customer has failed to fulfil their obligations within these terms & conditions.

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Any confirmed booking is delivered under the sole trader, boho & prosecco regardless of individual ownership name. Sale of the business or change in the structure of the business does not entitle the customer to a refund, unless at the discretion of the owner or in the event of business closure.

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7. Use of Equipment

All Equipment supplied on hire is the property of the Company.

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The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by the Company and warrants that the Equipment will be returned in good working order & condition to the Company.

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The Company makes no representation that specific requested Equipment will be available to meet every booking. Availability of specific Equipment to meet each order is subject to the timing of that booking.

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The Customer shall pay for all equipment damage or loss however caused during that period. Damage includes but is not limited to;

  • Improper use of equipment;

  • Disappearance of the equipment;

  • Damage to, or loss of, the equipment from any unknown cause.

  • Cigarette burns on any furniture or décor items. Smoking is not permitted on or near the property of boho & prosecco.

  • Red wine or other staining product spillages or stains on any furniture or décor items.

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With the exception of those provided by the Company, no candles, fires or other flammable properties are to be lit during the booking.

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In the event of the Equipment being stolen from the booking site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment, and must pay that cost to the Company on demand.

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All hired equipment must not be relocated from the designated place of set up by the company.

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The Customer warrants that all equipment will not be left unattended for the duration of the booking.

The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.

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In order to retake possession of the equipment, it shall be lawful for the Company to enter into or upon any premises where the same may be and the Customer hereby agrees to indemnify and to keep indemnified the Company against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Company arising from the Company's entry into or upon any premises in exercise of its rights of repossession.

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Any person agreeing to a booking and it’s terms and conditions on behalf of the Customer hereby agrees that he or she has the authority of the Customer to make this agreement on the Customer’s behalf and has the Customer’s permission to bind the Customer’s to this agreement and hereby compensate the Company against all losses and cost incurred by the Company arising out of the person signing this agreement failing to have such power and/or authority.

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Where the Customer is more than one person liability shall be joint.

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It is the Customer’s responsibility to check that all items listed on their invoice are correct and to notify the Company of any errors prior to final payment. The Company takes no responsibility for errors which occur as a result of a failure to do so.

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In the case that a bond has not been paid, or the damages exceeds the amount of bond paid, boho & prosecco reserves the right to recover additional costs to cover damage by any and all means necessary.

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The Company makes no representation as to the suitability of the Equipment for a particular need or event, and it is the Customer's responsibility to make that judgment on its own behalf.

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The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to occupy an area within the authority’s locality and shall pay all fees in connection therewith. In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer's failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify the Company for any such loss, costs or damages.

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8. Additional Equipment

If after commencement of hire by the Company any specification changes are requested, the cost of such changes will be borne by the Customer.

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9. Advertising

The company logo or photographs of the company equipment must not be used in any promotional or advertisement material for any event without prior consent from boho & prosecco.

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boho & prosecco has the right to all photos taken at the booking for advertising purposes.

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Any additional signage on the booking site must be pre-approved. Signs must be removed immediately after the event.

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10. Goods & Services Tax/Stamp Duty

Where applicable the Customer will be charged in accordance with current Federal and State legislation.

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11. Jurisdiction

These terms and conditions are governed by the Laws of Western Australia and the Customer and the Company submit to the jurisdiction of the courts of that State.

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COVID DISCLAIMER

Refunds for bookings impacted by COVID19 will be approved only where government enforced restrictions prevent the booking from occurring. This does not include border closures or quarantine restrictions relating to other states/countries where intended guests may not be able to attend and relates only to the booking being forbidden to occur in it's physical capacity within the Perth metro and greater Perth area. 

Change of mind due to personal preference only will not result in refund.

In the event of unexpected lockdown, due to already incurred business costs:

  • for DIY hire or equipment only hire, refunds will not occur if the equipment has been collected prior to the lockdown occurring. 

  • for full set up and pack down bookings, the staff member will be required to ensure the booking is packed down before the lockdown commences. Refunds will not be issued in the event the booking is required to be packed down earlier than anticipated. 

  • Gift cards issued between August 2019 to May 2020 will be eligible for the following extension, which aligns with the period of time in which the gift card could not be honoured due to government enforced restrictions during the period of March 2020 to June 2020.

  • Date Nights: boho & prosecco operated per normal with date nights, abiding by government restrictions allowing 2 person catch ups adhering to social distancing regulations. Date Night vouchers purchased will receive an extension of 1 month past the expiry date.

  • Groups booking gift cards of less than 11 people will receive an extension of 6 weeks past the expiry date.

  • Groups booking gift cards of between 11-20 people will receive an extension of 8 weeks past the expiry date.

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