TERMS AND CONDITIONS
1. CONFIRMATION
1.1 Bookings
1.1.1 To place a date on hold, BRIDEKICK must be notified in writing of the booking or service date or a date range that you would like to have placed on a tentative hold. If the date is available and the booking or service is deemed by us to be suitable, we will do so.
1.1.2 A date can be on a tentative hold in the system for a maximum of 7 days from the time the request is received by BRIDEKICK . A tentative hold is not a booking but rather an expression of interest in a booking or service date. You and BRIDEKICK are under no formal obligation until a Contract is signed and a Booking Fee is received in cleared funds.
1.1.3 In the event that another client is interested in the date on hold we will try and contact you to offer you the opportunity to book within 24hrs. In the event that we are unable to make contact or you do not confirm your booking within 24 hrs, we reserve the right to take a booking on any date that does not have a confirmed booking or service confirmed on it, without BRIDEKICK having any liability or consequence.
1.2 If you would like to confirm a booking, BRIDEKICK must be notified in writing. You will be forwarded the BRIDEKICK Contract which includes these Terms & Conditions. A Booking Fee invoice will be raised and payment of this along with a signed Contract must be returned to BRIDEKICK within 7 days of receipt.
1.3 In the event that the Contract or Booking Fee is not received within 7 days your booking will be void and BRIDEKICK reserves the right to open that date up to other clients with no liability or consequence.
1.4 A copy of these terms and conditions are available on our websites www.bridekick.com.au and you acknowledge having received a copy of, and agree to, these Terms and Conditions prior to making a confirmed booking.
1.5 The “Client” (and in the context of these Terms and Conditions includes “you”) is the company and or individual that is nominated on the Contract responsible for the costs of the booking or service. The Client may nominate a contact person and the contact person is authorised to bind the Client in respect to the cost of the booking or service. This person will be the primary contact for the booking or service and booking or service details will not be discussed with other parties. If the Client would like to nominate an alternative contact for the booking or service they are required to do so in writing. At any one time there will only be one primary contact for the booking or service.
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2. PAYMENTS
2.1 Please be aware that the Client included on the Contract is liable for payment of all charges pertaining to the Booking or Service, Cancellation or Postponement of the Booking or Service.
2.2 Online Payments - All payments made online through the booking platform on www.bridekick.com.au are required to be paid in full, and are subject to a credit card surcharge fee (service fee determined by Stripe - third party payment provider).
2.2 Booking Fees – The standard Booking Fee requirement is 25% of the total price of a booking or service. The booking fee is non-refundable. The non-refundable booking fee is in place to act as compensation for administrative costs, stock loss, and lost opportunity associated with an booking or service or reservation.
2.3 Payment schedule for the Custom services (not offered online) is as follows;
Booking Fee Payment is 25% of the total price of the booking or service - Due 7 days from the date of the invoice.
1st Progress Payment is 25% of the total price of the booking or service - Due 6 months prior to the Booking or service date.
2nd Progress Payment is 25% of the total price of the booking or service – Due 3 months prior to the Booking or service date.
Final payment is 25% of the minimum spend – Due 1 month prior to the Booking or service date. A $100 late fee will be charged every day that monies are owing after 7 days prior to the booking or service date regardless of the amount outstanding. If your Booking or service is booked within 6 months of the Booking or service date BRIDEKICK reserves the right to reschedule the payment dates.
2.4 Payments can be paid online by Credit Card (Visa, Master Card, Diners and American Express). Manual payments can be made direct to BRIDEKICK by EFT (Electronic Funds Transfer), Bank Transfer, Cash. Credit card fees apply.
2.5 In the event that payment of the Booking or service is not received within the specified time, or any payment is dishonoured, BRIDEKICK reserves the right to cancel the Booking or service booking without any liability or consequence.
2.6 In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal costs on a full indemnity basis. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
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3. CANCELLATION / POSTPONEMENT / CHANGE OF DATE
CANCELLATION BY CLIENT
3.1 If the client chooses to cancel the booking for the Booking or service, the following terms will be applicable:
These fees are to compensate BRIDEKICK for the administration costs, business losses and lost opportunity. These shall be considered liquidated damages.
3.1.1 More than 6 months’ notice, cancellation fee will be equivalent to the initial Booking Fee amount, thus the Booking Fee amount will be forfeited.
3.1.2 Notice of 3 to 6 months, the Booking Fee amount and the 1st Progress Payment amount of the total price of the booking or service will be forfeited.
3.1.3 Notice of 1 to 3 months, the Booking Fee amount and the 1st and 2nd Progress Payments amounts of the total price of the booking or service, whichever is higher, will be forfeited.
3.1.4 Less than 31 days’ notice, the Booking Fee amount and all Progress Payments of the total price of the booking or service will be forfeited.
POSTPONEMENT BY CLIENT
3.2 If an Booking or service is postponed or date changed, the following terms are applicable:
3.2.1 Notice of 3 to 6 months: the postponement fee will be equivalent to the Booking Fee amount.
3.2.2 Notice of 1 to 3 months, the postponement fee will be the full cancellation fee as per 3.1.2.
3.2.3 Less than 31 days’ notice – the postponement fee will be the full cancellation fee as per 3.1.3.
3.3 BRIDEKICK will make their best endeavours to accommodate any postponement, however, cannot guarantee a future date.
3.3.1 The Client accepts that the pricing of the booking or service for a newly agreed date, will be based on our requirements at the time of the new date and the previous price will be void. All outstanding payments due will be adjusted to conform with the new price and reflective of that change.
3.3.2 The client accepts that if a booking or service is postponed to a new date, this contract will be terminated, and the parties will enter into a new contract for the new date.
CANCELLATION BY BRIDEKICK
3.4 BRIDEKICK reserves the right to cancel or postpone any confirmed booking if:
3.4.1 Any payments are not made by the due date.
3.4.2 The nature of the Booking or service alters in a way, including, but not limited to the type of booking or service changes or the nature of the booking or service changes in such a way that it would be prejudicial to the corporate image of BRIDEKICK.
3.4.3 Undue difficulties arise in communications between BRIDEKICK and the Client, the nominated contact person or anyone else associated with the client, in relation to the Booking or service.
3.4.4 The Client does not abide by any time requirements set out in these Terms and Conditions or in any communication with them.
3.4.5 Any arrangement or proposal for the Booking or service is unacceptable to BRIDEKICK.
3.4.6 There are double bookings and BRIDEKICK is unable to conduct the Booking or service due to a conflict of date or time.
3.5 The Client agrees that all cancellation and postponement charges and fees are reasonable and agree that they act as compensation for BRIDEKICK’s administrative costs, stock loss and lost opportunity.
3.6 If BRIDEKICK cancels or postpones any confirmed booking under 3.4.6, it will use all reasonable endeavours to make alternative arrangements to your satisfaction including arranging an alternative suitable supplier and/or nominating an alternative suitable date. If suitable alternative arrangements cannot be agreed, BRIDEKICK will refund all monies paid but will not be liable in any way for any other claim, demand or compensation.
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4. QUOTES AND PRICING
4.1 The Client will be liable to pay for the agreed price on the Contract.
4.2 All prices are current at the time and are subject to revision prior to the finalisation of the Booking or service Contract. The Client accepts that if pricing of a particular item increases beyond what is fair and reasonable or is unavailable, BRIDEKICK reserves the right to substitute that item with an alternative that fits into the prescribed costing.
4.3 All written quotes are valid for 10 working days from the date of quotation for tentative bookings unless withdrawn by BRIDEKICK prior to receipt of both a signed Contract along with the required Booking Fee in cleared funds.
4.4 All packages and prices are subject to price increases prior to finalisation of the booking or service and all prices quoted are valid
for 10 days only. The Client accepts that in the event that pricing of a particular item increases beyond what is fair and reasonable
or is unavailable that BRIDEKICK reserves the right to substitute that item with an alternative that fits within the prescribed costing.
4.4.1External supplier pricing is not determined by BRIDEKICK and therefore BRIDEKICK is not responsible for pricing increases or changes.
4.5 BRIDEKICK is entitled to increase prices based on increased business costs such as cost of goods.
4.6 BRIDEKICK will only increase costs in the booking or service that there is genuine cost increase. BRIDEKICK will consult with the
Client and give them the opportunity to accept the price increase or choose an alternate menu item that fits within their budget.
4.7 BRIDEKICK will not increase any pricing once confirmed with a Client unless the booking or service parameters have changed.
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5. PUBLIC HOLIDAY SURCHARGE
5.1 A surcharge is applicable on public holidays. Please check with us before sending in your Contract and paying the Booking Fee.
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6. FORCE MAJEURE
6.1 Should BRIDEKICK be prevented or substantially impeded from implementing and/or providing any Services contemplated or confirmed due to circumstances beyond its control such as; fire, flooding, power failures, natural disasters, strikes, lock-out, war, terrorism, sabotage, act of God, Government intervention (direct or indirect), Government or other development or redevelopment (direct or indirect) or infection/contagion which is considered to render providing the service unsafe for customers, guests and employees. The Client will make no claim for loss or damage against BRIDEKICK or any related entity or person and will not permit any party, to make any claim through the Client.
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7. INDEMNITY, RELEASE, LIMITATION OF LIABILITY AND INSURANCE
7.1 The Client indemnifies BRIDEKICK and any related entity or person, their employees or agents, from and against all claims, demands, actions, damages, losses and liabilities, costs and expenses (including, but not limited to legal costs on an indemnity basis), incurred by BRIDEKICK as a consequence of any breach by the Client in relation to:
7.1.1 The Booking or service, any related thing arising prior to, during or after the Booking or service,
7.1.2 Any damage, loss, injury or death caused or contributed to by the Client, Card Holder and their guests;
7.1.3 Any default or breach by the Client of these Terms and Conditions; or
7.1.4 Any part of the Services contemplated, including any liability which BRIDEKICK cannot or has not excluded under these Terms and Conditions.
7.2 Each indemnity of the Client contained in these Terms and Conditions is a continuing obligation of the Client and remains in full force and effect after the completion of the Booking or service.
7.3 The indemnity provided under this clause is reduced to the extent that such claim, cost, loss, damage or liability occurs due to the negligence of BRIDEKICK.
7.4 To the fullest extent legally possible, the Client, Card Holder, any guest, Contractor or any invitees of the Client irrevocably release and hold harmless BRIDEKICK and any related entity or person, their employees or agents from all claims for loss or damage in connection with the provision of the business or any part of the Services or otherwise and including a full release in respect to any claim in tort or contract and whether for trespass, negligence, misfeasance, wilful act or omission, default or otherwise and whether claiming for consequential, direct, special damages or otherwise.
7.5 For the avoidance of doubt, any liability under the Australian Consumer Law and Fair Trading Act 2012 or otherwise, which cannot be legally avoided will be limited to the supply of the Services or the supply of the Services again.
8. DEFINITIONS
“BRIDEKICK” means Leticia Monaghan trading as BRIDEKICK ABN 46939255636
Trading as BRIDEKICK Hospitality Group ABN 51 116 951 029
(and in the context of these Terms and Conditions includes “we”)
“Booking Fee” means the fee that acts as compensation for administrative costs, stock loss, and lost opportunity associated with a booking or service or reservation.
“Cancellation” means a cancellation of the booking in accordance with these terms and conditions.
“Card Holder” means the person or entity referred to in the Contract whose credit card details and signature appear on the Contract.
“Client” means the Client(s), Contact(s) and Account holder referred to in the Contract and includes where applicable, the Card Holder to the extent of authorising payments of any and all amounts due under the Booking or service booking in accordance with these terms and conditions.
“Contract” is the document used to confirm your Booking or service. This confirms the total price, date, start and finish times,
and any other key information relating to the Booking or service.
“Booking Fee” means a Booking Fee paid to BRIDEKICK in clear funds to secure a booking or service.
“Booking" or "Service” means the booking or service booked by the Client in accordance with these terms and conditions;
”Price" or "Total Price" refers to the amount the Client and BRIDEKICK have agreed to for the execution of a booking or service.
“Postponement” means the postponement of the booking or service in accordance with these terms and conditions.
“Services” means the services requested by the Client for the Booking or service as set out in the Contract.
“Terms and Conditions” means the terms of use that The Client agrees to abide by in order to use the Services.
9. SOLE TERMS AND CONDITIONS
9.1 These Terms and Conditions and anything expressly incorporated by reference herein, are the entirety of the Terms and Conditions of any engagement of BRIDEKICK and form the basis of all understandings and agreements between the Client and BRIDEKICK. No other term, condition, agreement, warranty, representation or understanding whether express or implied, extending to, relating to or binding upon BRIDEKICK is made or given.
9.2 These Terms and Conditions may only be varied by written agreement of the parties to the Contract.
10. VARIATION OF TERMS AND CONDITIONS
10.1 In the event of a postponement whereby a new contract is agreed to, the terms and conditions agreed to in the original contract will be null and void and the terms and conditions at the time of the new agreement will supersede the original terms and conditions.
10.2 These terms and conditions may be changed by BRIDEKICK, upon providing 14 days’ notice.
10.3 Any legal cost incurred by BRIDEKICK in negotiating changes to the terms and conditions at the request of the customer, limited to the amount of $1500, shall be at the expense of the client.