TERMS & CONDITIONS

Moonlight Glamping & Events Pty Ltd: Terms and Conditions of Use

DEFINITIONS

(a)   The "Owner", "Moonlight" and "Us" is Moonlight Glamping & Events Pty Ltd ATFT Sleaford Family Trust ABN 91 817 393 287

(b)   The “Site” refers to www.moonlightevents.com.au

(c)   The "Hirer", the "Client" and the “User” refers to the individual/s, firm, or corporation hiring equipment or appoints services from the ‘Owner’.

(d)   The "Equipment" means all tents, furniture, homewares, lighting, products, event hire products, equipment and accessories supplied to the 'Hirer'.

(e)   The "Event Date" and the "Booking Date" is the day of the booking, party, wedding or event supplied by the 'Client' to the 'Owner'.

 

INTRODUCTION

2.   This Agreement contains the complete terms and conditions of use that apply to you in joining, hiring and all other activities and communications you will make with the Owner. You agree to be bound by its terms and conditions of use and shall comply thereof. 

3.   Amendments to this agreement can be made and effected by Us from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you join and/or hire from Us.

THE HIRER 

4.   The Hirer will hire the Equipment at its own risk, and bear responsibility for the Equipment hired from the time of its delivery into the possession of the Hirer until collection by or returned to the Owner. In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. Should the Hirer alter any installation or delivery requirements during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees;

5.    The Hirer will:

(a)   supervise and take responsibility for any children, at all times, while using the Equipment;  

(b)   not remove the Equipment from the location designated on the invoice without the Owner’s written permission;

(c)   comply with any written or verbal instructions given to the Hirer or accompanying the Equipment;

(d)   hire the Equipment at its own risk, and bear responsibility for the Equipment hired from the time of its delivery into the possession of the Hirer until collection by or returned to the Owner;

(e)   not sub-hire any equipment unless authorised by the owner;

(f)   ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily accessible; 

(g)   pay for all breakages, damage, cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment;

(h)   not use coloured paper napkins or wax candles on table cloths or napkins;

(i)   not use Charger Plates for the serving of food;

(j)    not bring food or beverages inside any tent/s without the Owner's written permission;

(k)  not light matches, flames of any kind or use wax candles with live flames inside any tent/s without the Owner's written permission;

(l)   not smoke cigarettes or cigars of any kind inside tent/s or within 5 metres of tent/s;

(m)  be responsible for obtaining the necessary sites, permits and/or plans and pay such fees as may be required to use the Equipment;

(n)  assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from: 

(i)    the use of the Equipment; 

(ii)   contact with underground cables, pipes, services or other obstructions; and

(iii)  all necessary surface repairs.

(l)  will comply with the Owners minimum hire amount of $500.00.

6.  For the safety of our staff and to adhere to health and hygiene regulations all hired items must be cleaned of food and beverages. This includes but is not limited to cutlery, crockery, glassware, catering supplies and any other catering equipment. If cutlery, crockery, glassware and catering supplies are NOT cleaned a cleaning fee of $150 per hour will be charged.

7.   All tents must be swept out and all rubbish removed.

8.   Please do not use coloured paper napkins or wax candles on the linen, as it will stain. Please do not throw confetti on the linen, as it will stain. All linen must be clean from loose food, dust, decorations, confetti, glitter etc.

 

PAYMENT and CHARGES

9. The Owner has the sole discretion to provide the terms of payment. The Hirer will make full payment through the Site to the Owner indicating preferred Event date prior to confirmation and acceptance of an order for total orders under $1,000. Unless otherwise agreed, for orders over $1,000 a 50% deposit must first be received by the Owner prior to confirmation and acceptance of an order. By paying in full or a paying a deposit you are agreeing to Moonlight Glamping & Events Pty Ltd Hire's Terms and Conditions. Unless credit terms have been agreed upon, payment for the products shall be made by PayPal or EFT. 

10.   If you are not happy to pay your deposit, without confirmation of your Event Date availability,  please email Us for availably in the first instance. We will check availability and hold your Event Date for a period of 24 hours only. 

11.   If the Hirer books Equipment through the Site, the Owner will notify the Hirer, by email, if the Event Date has been successfully or unsuccessfully booked. If your preferred Event Date is unavailable, the Hirer will be offered a full refund or a new Event Date at the Hirer's discretion. 

12.   Balance Invoices are due and payable 14 days prior to the Event Date. 

13.   If the Hirer does not make payment by the due date/s the Owner has the right to cancel booking, without refund, and hire any equipment to another client.

14.   An order may be invoiced separately. 

15.  The Owner has all the discretion to cancel or deny orders. 

16.  The Owner is not responsible for pricing, typographical, or other errors in any offer by the Site and reserves the right to cancel any orders arising from such errors.

17.   Amount quoted is in Australian dollars (AUD) and is for the noted hiring term only. 

18.   You agree that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Hirer.

19.   Prices quoted do not include Additional Services including but not limited to furniture set-up or relocation, design/concept developments such as CAD drawings and floor plans. Additional Services are available upon request and incur additional charges.

DAMAGE WAIVER 

20. We understand that accidents happen. The Owner does not require costs associated with normal wear and tear to the Equipment and any accidental damage to a particular item of Equipment, PROVIDED that the replacement cost and/or cost of repairs to any Equipment which was damaged does not exceed 7% of the hiring fee for the particular item.

This waiver does not apply to any other damage to Equipment including;

(a) Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment.

(b) Damage due to mysterious disappearance of the Equipment.

(c) Damage to, or loss of, the Equipment from any unknown cause.

(d) Damage or breakage of the hire item caused by fire, storm or accident

(e) Failure to return the hired equipment by the return date unless an extension has been approved by the owner.

(f) Damage resulting from not properly drying, cleaning and/or packing the Equipment.

(g) Glassware breakage of up to 2 glasses, additional glasses are $5.00 per glass.

(h) Any non-removable stains on items will be charged for the cost of replacement.

 

CANCELLATION

21. Cancellation of orders or products will forfeit all booking deposits. 

(a) Cancellations that are made more than 6 months from delivery/event date will receive a refund of 50%.

(b) Cancellations made less than 60 days from delivery will not receive a refund - the cost for hire equipment is considered a cost of lost opportunity and is not refundable.

(c) No refund applies to cancellations for Custom Built, food, music, venue hire or Special Purchase Equipment at any time.

 

LIABILITY and INDEMNITY

22. The Hirer is responsible for the Equipment from the time of delivery or Hirer pick-up until collection by the Owner or return by the Hirer and shall pay for all Equipment damage or loss however caused during that period. The Hirer shall protect the Equipment from the elements from the time of delivery, use, storage or waiting period before collection. The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its Equipment against all claims, loss or damage of whatever nature or type. The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the Equipment hereby hired and the Hirer indemnifies the Owner in respect to any claims for such loss or damage.

23. The Owner's count and/or decision as to condition of the Equipment prior to dispatch and on return shall be final.

24. The Hirer grants the Owner access at all times to inspect or repair the Equipment and in the case of default to remove the Equipment. The Hirer shall on no account attempt to repair the Equipment but notify the Owner immediately in case of breakdown or failure.

25. The Hirer agrees not to use the Equipment at locations or purposes different to the Equipment's general designated purpose and specified suitability, such as indoor vs. outdoor use. The Hirer acknowledges responsibility for the Equipment and is liable for any damage.

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

27. The Owner reserves the right to take photos at event locations utilising the Owner's equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognisable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Owner.

 

DELIVERY and COLLECTION

28. The Owner offers both delivery and collection of hired goods.  

29. Delivery charges quoted are based on a non-specific time between 8:00am – 5:00pm. A surcharge or after hours charge may apply for specific delivery times.

30. Furniture setup is NOT included in our hire rates. Should you require furniture set up please pay for our set-up fee on the Site or contact Us.

31. The Hirer is responsible for having someone available to accept the delivery and upon collection.

32. Failed collection attempts will result in an additional collection fee.

33. Hire rates cover hire over a twenty-four hours’ period or part thereof. Failure to have items ready for collection or returned on the agreed date will incur a late charge fee.

DISCLAIMER

34.   The Owner shall in no way be held responsible or accountable for any injury, death or loss of income caused to the Hirer, Client, any third parties or properties due to the hire of Equipment or provided services by the Owner.

 

ACCEPTANCE OF THESE TERMS 

35. Your continued use of the Site and following the posting of changes to these Terms and Conditions of Use will be deemed your acceptance of those changes.

 

MOONLIGHT

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