The following Terms and Conditions are to be read and understood before confirming your booking.

By confirming your booking via return email, deposit of payment or remittance of funds, you are accepting these Terms and Conditions.

Please read these Terms and Conditions carefully. If you have any questions, please do not hesitate to contact us.

DEFINITIONS

Pique-Nique Ballarat, We, Us, Our and similar expressions refers to Pique-Nique Ballarat (ABN 26 891 395 929), its employees and agents. You, The Hirer or similar expressions refers to any person, company, corporation, trust or partnership hiring equipment from Pique-Nique Ballarat.

‘Equipment’, ‘Goods’, or ‘Hire Items’ refers to all equipment and accessories supplied by Pique-Nique Ballarat to you.

‘Terms’ refers to these Terms and Conditions.

‘Hire Cost’ refers to the amount payable by the Hirer to hire the Equipment as specified in the Invoice.

PRIVACY

At Pique-Nique Ballarat we are committed to the open and transparent management of your personal information in line with our obligations under the privacy laws and to you as our valued customers.

Personal information is defined as information that can identify you in some way.

The 13 Australian Privacy Principles can be found at http://www.oaic.gov.au/privacy/privacy-resources/privacy-fact-sheets/other/privacy-fact-sheet-17-australian-privacy-principles

We will only collect information in accordance with the law, the Australian Privacy Principles and through fair means.

BOOKINGS

To secure your booking, a signed Booking Form must be returned and deposit must be paid.

Until the deposit has been paid, Pique-Nique Ballarat reserves the right to communicate with other clients for the proposed date.

DEPOSIT

A NON-REFUNDABLE deposit of 25% of the total hire cost is required to be paid to Pique-Nique Ballarat to secure your booking.

Full payment is due seven (7) days prior to your event. In case of shorter time periods, the invoice amount may be required to be paid in full at the time of booking.

If you wish to have item/s removed from the invoice after the deposit has been paid, the 25% deposit is non-refundable nor transferable.

PAYMENT

Full payment of your booking is required at least seven (7) days prior to your event date.

Once full payment has been finalised, we are unable to make any changes to your order. If more items are required, we will create a separate invoice.

Pique-Nique Ballarat reserves the right to cancel your booking if final payment has not been made by the due date.

You are responsible for any additional charges, including charges for loss, damage, and repairs and any other amounts payable by you, as set out in these Terms and Conditions and/or the Invoice.

PAYMENT METHODS

We accept payments via bank transfer. Bank account details are provided on your invoice.

BOND

• A security bond of $100 will be added to the balance of your invoice for all picnics with up to 10 guests.

• A security bond of $200 will be added to the balance of your invoice for all picnics with up to 20 guests.

• A security bond of $300 will be added to the balance of your invoice for all picnics with over 20 guests.

Certain items require a higher security bond and will clearly be stated on the Invoice.

The bond will be refunded in full within seven (7) days of your event if no breakages, loss or damage to hire items has occurred. Hire items must be returned in the condition you received them in.

Any repair, replacement or cleaning costs will be deducted from your security bond or invoiced separately (when in excess of the security bond).

If there is any loss or damage to hire items, you will be contacted within 48 hours of collection and an invoice will be issued. This invoice must be paid within 7 days of issue and may be subject to late fees if overdue.

CANCELLATION POLICY

We reserve the right to amend prices or dates due to force majeure (such as strikes or industrial action, acts of God, legislative or regulatory changes, civil commotion or similar, flood storm fire or tempest, power fuel or other utility shortages or failure.)

All cancellations must be made in writing.

Change of dates will be deemed as cancellation of your booking unless a mutually available date can be found within one month of your original picnic date.

Cancellations of orders will forfeit all booking deposits.

• For cancellations made MORE than fourteen (14) days before your event, you will lose your initial 25% booking deposit. All subsequent payments will be refunded.

• For cancellations made LESS than fourteen (14) days before your event, we reserve the right to charge a cancellation fee equal to 50% of the total hire cost.

• If the cancellation is made LESS than seven (7) days before your event we do not offer a refund.

Booking deposits are non-transferable.

Unused hire items cannot be refunded.

YOUR RESPONSIBILITIES

All items hired by you are your full responsibility from the time of delivery until hire items are collected by Pique-Nique Ballarat.

You must not leave picnics in public spaces unattended at any time. If your event ends earlier than expected, an early collection can be arranged.

The Hirer is responsible for removing all rubbish they bring with them. Failure to do so will result in a $50 cleaning surcharge.

It is your responsibility to ensure that all hire items are used in a proper, safe and careful manner and only for the purpose for which the goods were designed.

You must not tamper with the structure or any part of the Equipment and in particular not affix or suspend from the equipment any item whatsoever without prior written consent from Pique-Nique Ballarat.

In the rare occasion that the Equipment breaks down or becomes unsafe to use, the Hirer must immediately stop using the Equipment and notify Pique-Nique Ballarat in writing. The Hirer must take all steps necessary to prevent injury or death occurring to persons or property as a result of the condition of the Equipment. The Hirer must not repair or attempt to repair the Equipment without prior written consent from Pique-Nique Ballarat.

Please Note: All hire items are used and may not be in perfect condition.

All hire items are thoroughly checked, counted, and cleaned prior to delivery. It is your responsibility to check all hire items upon delivery. Any discrepancies or dissatisfaction must be brought to our attention within two (2) hours of delivery.

It is the responsibility of the Hirer to obtain relevant permissions/licences to set up a picnic in the Hirer’s chosen location. If the location is a public space, the Hirer must pay any associated fees required to use the area.

Pique-Nique Ballarat is not responsible for the Hirer’s alcohol consumption. In booking a service or purchasing a product with us, you are abiding by the Liquor Control Reform Act 1998 – where you agree that it is against the law to sell alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years.

It is the responsibility of the Hirer to check alcohol consumption laws of any venue or public space being used. Where consumption of alcohol requires permission, it is the responsibility of the Hirer to ascertain and obtain the relevant permissions/licences.

LOCATION

For picnics in public spaces, there is no guarantee that the booking will occur in the exact location requested.

BAD WEATHER

It is the Hirer’s responsibility to have a back-up plan/venue in the case of unfavourable weather. Change of location must be made in writing at least 24 hours before your event.

If the distance to the new location is further from our base than the original location, additional delivery & collection fees may be incurred.

Change of dates will be deemed as a cancellation of your booking unless a mutually available date can be found within one month of your original event date.

Pique-Nique Ballarat has the right to refuse to set up hire items without notification if severe weather conditions are deemed detrimental to those items or dangerous to your guests and the public.

DELIVERY & COLLECTION

The delivery and collection fee will vary depending on event location, number of items hired, scheduled delivery/collection times and accessibility of location.

We do not allow DIY pickups and returns. For a delivery & collection quote, please contact us with your event details.

Delivery and collection times are an estimate only and not a contractual commitment.

Pique-Nique Ballarat will use reasonable endeavours to meet any estimated delivery/collection time but will not be liable for any damage or loss suffered by you or any other person as a consequence of late delivery/collection.

The quoted delivery & collection fee is based on free, uninterrupted access to the event site at street level. Extra charges may apply if delivery & collection are from a higher or lower level.

Extra charges may also apply if:

• Your event site is more than 20 metres from where parking is available.

• Your hire items need to pass by stairs, escalators, elevators, or steep descent/ascent.

• You are not available to receive/return the items at the scheduled delivery/collection time.

• Time spent beyond what is reasonable to deliver/collect hire items is required.

• The delivery or collection site is not adequately prepared for delivery/collection.

• Delivery or collection is made outside of normal business hours.

Late fees will occur if items are not ready for collection on the specified date.

An additional charge per day after due collection date will be levied in line with the opportunity cost from non-utilisation by Us of the items, up to a daily fee of 20%.

In the event that Pique-Nique Ballarat is issued with a fine due to the instructions of the Hirer, the fine will be payable by the Hirer.

LOSS OR DAMAGE

If any hire items are lost, damaged or stolen, you must immediately notify Pique-Nique Ballarat.

• If any hire items are returned damaged but repairable, you will be responsible for the cost of repairs.

• If hire items are returned damaged beyond repair, you are responsible for the full replacement cost of the items.

Lost or stolen items will be charged at full replacement cost.

The full replacement cost will be charged at Pique-Nique Ballarat’s discretion.

All damaged items must be returned to Pique-Nique Ballarat otherwise they will be classed as missing items and will be charged at full replacement cost.

If there is any loss or damage to hire items, you will be contacted within 48 hours of collection and an invoice will be issued. This invoice must be paid within 7 days of issue and may be subject to late fees if overdue.

All expenses, costs, or disbursements incurred by Pique-Nique Ballarat in recovering any outstanding monies, including reasonable debt collection fees and solicitor costs on the footing of an indemnity, together with default interest at the rate of 10% per annum will be paid by the Hirer.

It is agreed that these terms constitute the entire agreement to the exclusion of any prior or subsequent representation or warranty and any dispute arising therefrom are to be construed and agitated in accordance with the laws in force, and jurisdiction of the courts, in Victoria, Australia.

SPECIFIC PRODUCT HIRE CONDITIONS

THROWS, RUGS & CUSHIONS

Smoking is prohibited on our mats, throws, rugs, and cushions. Mats, throws, rugs and all other floor coverings are not to be used on wet, damp, or muddy ground.

Strictly no flowers or rose petals of any kind including fresh or dried are allowed directly on mats, throws, rugs and cushions.

Cushions, throws, and rugs are not to be placed directly on the ground at any time.

Pique-Nique Ballarat will provide tarps to place under mats, throws and rugs.

Damage to mats, throws, rugs, and cushions includes but is not limited to – burns, mildew, holes, tears, stains or spills. Damage to mats, throws, rugs, and cushions will be charged at full replacement cost.

TABLES

Full replacement cost $300

There is strictly no standing or sitting on tables at any time. Do not put any hot items directly on the table under any circumstances (this includes candles).

Tables are to be returned clean, stain-free and dent-free.

PHOTOGRAPHY

Pique-Nique Ballarat reserves the right to take photos of our hire items at your event to be used for promotional purposes. You authorise such notwithstanding Privacy legislation as may be in force from time to time.

TERMINATION & HIRE REFUSAL

Pique-Nique Ballarat reserves the right to refuse or terminate any booking that is deemed to be unsuitable for the premises, or where false or misleading information has been provided, or where Pique-Nique Ballarat suspects that false or misleading information has been provided, or as a consequence of unacceptable behaviour. Pique-Nique Ballarat will not be liable for any damage or loss incurred by the Hirer as a result of termination of any booking.

Pique-Nique Ballarat reserves the right to refuse or terminate any booking at its absolute discretion. Pique-Nique Ballarat will not be liable for any loss or damage incurred as a result of termination of any booking.

We may terminate the hire agreement and retake immediate possession of the Equipment if you commit a material breach of this hire agreement.

SUBSTITUTION

Pique-Nique Ballarat reserves the right to substitute any portion of hire items ordered by the Hirer with other hire items of similar or like description or performance.

Pique-Nique Ballarat reserves the right to alter, vary, or substitute any item without notice.

AUTHORITY

Any person signing or purporting to sign any document on behalf of the Hirer warrants that they have the authority of the Hirer to sign, and indemnifies Pique-Nique Ballarat against all losses incurred if that person does not have such authority.

Where the Hirer is more than one person liability will be joint and several.

INFORMATION & PRICING

Pique-Nique Ballarat will make every effort to be as accurate as possible in providing product information. However, we cannot guarantee that the information and prices are current, accurate, and error free. We reserve the right to review prices at any time without notice

Colours may vary depending on what device you are viewing it from.

Pique-Nique Ballarat reserves the right to alter, vary, or substitute any item without notice.

LIMITED WARRANTY

Pique-Nique Ballarat gives no warranty that the Equipment is fit for the purpose required by the Hirer. The Hirer must satisfy itself as to this.

INSURANCE

Hire items are not insured. The Hirer will maintain at its own expense liability, property and casualty insurance in amounts necessary to fully protect Pique-Nique Ballarat and its equipment against all claims, loss or damage whatsoever.

RELEASE & INDEMNITY

The Hirer hereby releases Pique-Nique Ballarat, and agrees to indemnify and forever hold harmless Pique-Nique Ballarat, its employees and agents in respect of any third party claims, suits, action, proceedings, demands, expenses and costs for damage or injury to a person, property, animal or things whatsoever arising directly or indirectly from the use of any items hired, the Hirer’s breach of these Terms, or Pique-Nique Ballarat’s enforcement of any of its rights under these Terms

ACKNOWLEDGEMENT OF OWNERSHIP

All items/goods hired remain the sole property of Pique-Nique Ballarat. This is a hiring agreement only.

LIABILITY

To the full extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and Pique-Nique Ballarat’s only obligation resulting from a breach by it or of any condition, warranty or guarantee that cannot be excluded is limited to repairing the Equipment, replacing the Equipment, refunding the hire price of the Equipment or supplying Equipment that is similar to the Equipment.

Pique-Nique Ballarat is not liable to the Hirer for consequential or indirect loss, economic loss, or other expenses.

Pique-Nique Ballarat is not liable for any injury, loss, or damage caused to any person, property, animal, or things whatsoever arising from the delivery, installation, inspection, dismantling, collection and use of the Equipment; the break down or failure of the Equipment; and defects in the installation of the Equipment at the site.

Pique-Nique Ballarat is not liable for any damage or loss suffered by you or any other person as a consequence of late delivery/collection of hire items.

If Pique-Nique Ballarat is unable to provide the hire items or any other arrangements for your event and Pique-Nique Ballarat’s failure to do so is due to circumstances beyond its decision or control, Pique-Nique Ballarat is not responsible for any costs, expenses, or damages that you may incur.

Nothing in this agreement shall exclude or in any way limit either party’s liability for death or personal injury caused by its own negligence.

Pique-Nique Ballarat’s maximum aggregate liability for any claims relating to these Terms arising under any cause of action including negligence is limited to the amount equal to the Hire Cost and any other amounts paid by the Hirer to Pique-Nique Ballarat.

To the extent permitted by law, no warranty, description or representation by Us is given or implied and we have no responsibility for any loss or damage to person or property incurred on or in connection with the hiring, and this applies to contractual, tortious, equitable or statutory liability except regarding such which may not be excluded by force of statute.

SEVERANCE

If any of the Terms becomes void, or unenforceable then that part will be severed from these Terms. All other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts.

INTELLECTUAL PROPERTY

All images, procedures, and designs on our website, in advertising, marketing materials and correspondence, including but not limited to logos, text, graphics, plans, drawings, documentations and photographic images created by Pique-Nique Ballarat in relation to the event are the property of Pique-Nique Ballarat.

You agree not to reproduce, distribute, sell, publish or circulate any such material without the express prior written consent of Pique-Nique Ballarat.

MISCELLANEOUS

Any failure by Pique-Nique Ballarat to enforce any of these Terms shall not be deemed a waiver of any rights that Pique-Nique Ballarat may have and shall not be deemed a waiver of any subsequent breach of any of these Terms.

Pique-Nique Ballarat reserves the right, at our sole discretion, to modify, add, or remove any part of these Terms and Conditions without notice to you. Any changes to our Terms and Conditions shall be effective immediately following the posting of such changes on our website (www.piqueniqueballarat.com.au).

Pique-Nique Ballarat’s decision is final in all matters relating to these Terms and Conditions of hire.

The Hirer hereby unconditionally accepts the above Terms and Conditions and acknowledges that the acceptance is a conditional procedure that is fully understood and confirmed by the Hirer once payment has been made.