Terms & Conditions
Every person intending to hire goods from Charming Canberra must read and agree to the following Charming Canberra Hire Terms and Conditions before proceeding.
Charming Canberra Hire Terms and Conditions
This document (the ‘Agreement’) records the Hire Terms and Conditions on which you (the ‘Participant’):
agree to hire picnic equipment from Charming Canberra; and/or participate in their Activities.
Charming Canberra may in its absolute discretion and without having to show cause:
refuse to hire picnic equipment to a Customer;
cancel a booking;
require the early return of picnic equipment; or
exclude a Participant where a Participant does not comply with this Agreement.
Charming Canberra may at any time vary this Agreement without notice. Once published on the Charming Canberra website, variations to this Agreement will only apply to Agreements entered into after the variations have occurred.
1 Definitions and interpretation
1.1 Unless the context requires otherwise:
Activities means the hire and use of picnic equipment and any related equipment (i.e lawn games) owned by Charming Canberra.
Additional Hire Charges means:
additional fees charged by Charming Canberra where the Customer exceeds the Hire Period without extending the Hire Period with Charming Canberra’s prior agreement; and
fees such as cleaning and repair fees as advised by Charming Canberra.
Picnic means the picnic equipment owned by Charming Canberra and hired to the Customer in accordance with this Agreement and includes any related equipment (i.e. games) supplied by Charming Canberra.
Booking Form means a document or electronic form which Charming Canberra may require the Customer to complete and sign (or accept in a way Charming Canberra requires including electronically) which includes particulars of the Customer, Participants, Picnic, the Hire Period and such other information as Charming Canberra may require.
Claim includes any claim, including but not limited to a notice, demand, debt, account, action, expense, damage, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.
Commencement means the actual time and date when the Customer takes possession of a Picnic.
Customer means the person or company named in the Booking Form..
Event of Default means an event of default described in clause 8.1.
Hire Charge means the amounts shown on the Booking Form or during the booking process payable by the Customer to hire a Picnic.
Hire Period means the time period which the Customer has selected and Charming Canberra has confirmed during which the Customer may use the Picnic. The Hire Period may only be extended if the Customer requests it and if Charming Canberra agrees. Charming Canberra may issue and require the Customer to sign an amended Booking Form for any extension of or change to, the Hire Period.
Location means the location from which the Picnic is hired and where it may be used (e.g. Canberra) as set out in the Booking Form.
Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental including legal expenses and other expenses reasonably incurred in connection with investigating or defending any claim or action, whether or not resulting in any liability.
Participant means any person which uses the Picnic, including the Customer and other participants.
Site means Charming Canberra’s website or application from which bookings can be made, namely www.Charmingcbr.com.au
2 Hire of a Picnic
2.1 In consideration of the Customer agreeing to pay the Hire Charge, Charming Canberra agrees to hire a Picnic to the Customer for the Hire Period in accordance with this Agreement.
2.2 Charming Canberra will provide confirmation to the Customer where it accepts a Customer’s request to hire a Picnic. Where a booking request is not confirmed, Charming Canberra is under no obligation to hire a Picnic to the Customer. Charming Canberra makes no guarantee or warranty as to the availability of a Picnic where a confirmed booking has not been made.
2.3 Charming Canberra will ensure that a Picnic is clean and in good working order as at the start of the Hire Period.
2.4 Risk associated with a Picnic lies with the Customer at all times from Commencement until the end of the Hire Period.
3 The Customer’s Obligations when Hiring a Picnic
3.1 The Customer must:
satisfy itself at the Commencement that a Picnic is suitable for its purposes.
correctly complete the Booking Form, including selecting a Hire Period. If requested the Customer must provide identification documents and other information reasonably required to confirm the Participant’s identity to Charming Canberra at the time of hire;
arrive at the scheduled booking time;
ensure that all Participants are suitably instructed on the safe and proper use of the Picnic, (including parents/guardians on behalf of accompanying children).
immediately report and provide full details to Charming Canberra as soon as any accident or damage occurs in respect of a Picnic;
return the Picnic at the end of the Hiring Period to Charming Canberra in a tidy and hygienic state, free of food and in good working order. In the event a Picnic is not returned in a tidy and hygienic state, free of food, in good working order and on time, Charming Canberra may charge and the Customer must pay Additional Hire Charges for all cleaning, repair and general costs incurred by Charming Canberra;
immediately report and provide full details to Charming Canberra immediately if any accident or damage occurs in respect of a Picnic.
The Customer must NOT:
tamper with, damage or attempt to repair a Picnic;
lose or part with possession of a Picnic;
rely upon any representation relating to a Picnic or its operation other than those contained in this Agreement or provided by Charming Canberra in writing;
4 The Participant’s Obligations when Using a Picnic
4.1 Each Participant at all times during the Activities must:
take all due care when using the Picnic and not cause any loss or damage to the Picnic, injury to any person or any loss or damage to any other equipment
indemnify Charming Canberra for any losses, damages, claims, injuries, liabilities, costs, charges, or expenses to the Picnic, any persons and any third party property caused or contributed to by any Participant;
ensure that they are mentally and physically able to participate in the Activities.
use the Picnic safely, strictly in accordance with the laws of the state or territory in which the Picnic is hired, only for its intended use, and in accordance with any instructions provided by Charming Canberra;
behave in a safe and responsible manner and in accordance with the instructions, rules and directions of Charming Canberra;
safely secure all items brought to the Picnic or in the possession of any Participant, and indemnify Charming Canberra in respect of any loss, injury and/or damage of items in the possession of any Participant.
acknowledge that any loss or damage to personal property is the sole responsibility of the Participant and Charming Canberra accepts no liability for any such loss or damage to personal property;
supply its own food, beverages, sun protection and other necessary items for the duration of the Hire Period unless Charming Canberra has agreed to supply catering or other items during the booking process;
declare any food intolerances or allergies to Charming Canberra, where catering is supplied by Charming Canberra; and
be over the age of 18 years of age, or otherwise accompanied by a parent or guardian.
4.2 Each Participant at all times during the Activities must NOT:
litter;
damage the Picnic or any third party property;
interfere with any flora or fauna;
behave in any manner which is unsafe, dangerous, unnecessarily loud, disruptive or offensive to others to the standard of a reasonable person, contrary to any policies of Charming Canberra or contrary to any law or policies of the state or territory in which the Picnic is hired;
use or carry any illegal, prohibited or dangerous substance at a Picnic;
5 Fee
5.1 The Customer must prepay the Hire Charge prior to Commencement.
5.2 Without limiting the ability of Charming Canberra to recover all amounts owing to it, the Customer authorises Charming Canberra to charge any amounts owing by the Customer or those Participants included in its Picnic booking (including but not limited to the Additional Hire Charges) to any credit card or bank account details of which are provided by the Customer to Charming Canberra.
5.3 The Customer authorises Charming Canberra to deduct the Additional Hire Charges from the Customer’s nominated credit card or account details as soon as the Customer exceeds the Hire Period. The Customer acknowledges and agrees that the Additional Hire Charges may be higher than the Hire Charges and the Customer accepts these higher rates where the Customer has not extended its Hire Period with the prior agreement of Charming Canberra in writing.
5.4 The late return fee is $50 per day the Picnic is returned later than the scheduled Hire Period.
5.5 The scheduled Hire Period is not affected by any late departure.
5.6 If for whatever reason a Picnic is not returned to Charming Canberra, the Customer will pay the current retail price of a Picnic as advised by Charming Canberra and any associated costs including loss of revenue, immediately upon the request of Charming Canberra.
5.7 The Customer is responsible for:
loss or damage caused to the Picnic or any other equipment supplied by Charming Canberra;
all costs incurred in cleaning a Picnic; any fines, penalties, levies or charges payable in respect of this Agreement or arising from the Customer’s use of a Picnic;
all costs incurred by Charming Canberra in recovering possession of a Picnic or items lost or stolen;
a late payment fee calculated daily at 5% per month on all amounts owing by the Customer not paid on time;
and any Additional Hire Charges;
the cost of items provided by Charming Canberra and not returned by the Customer;
any expenses and legal costs incurred by Charming Canberra in enforcing this Agreement due to the Customers default.
5.9 The Customer must, immediately on demand from Charming Canberra, pay Charming Canberra for any Claims, costs, expenses, loss, damage, fees, fines or other monetary amounts incurred or suffered by Charming Canberra as a result of the Customer’s default under this clause and/or under any other provision of this Agreement.
5.10 Charming Canberra may increase the Hire Charges at any time, however Hire Charges as at the date of a confirmed booking except that confirmed bookings will not be subjected to increased Hire Charges.
6 Cancellation
6.1 A Customer may only cancel a confirmed booking by providing notice in writing to Charming Canberra in advance of the Hire Period.
6.2 Where cancellation notice is provided more than 48 hours prior to the Hire Period, Charming Canberra will refund all monies prepaid by the Customer, excluding perishable goods.
6.3 Where cancellation notice is provided between 48 – 24 hours prior to the Hire Period, the Customer will be provided a credit of the full Hire Charge to use towards future bookings.
6.4 In the event that the Customer fails to provide at least 24 hours’ notice, the full amount of the Hire Charges are payable by the Customer to Charming Canberra.
6.5 Charming Canberra reserves the right to change the date or time on which the Picnic is provided due to severe weather conditions or other extenuating circumstances as part of proper management of our booking system. If Charming Canberra changes a booking the Customer will be notified 24 hours in advance of the previously allocated Hire Time to rebook.
7 Warranties and Liability
7.1 Where the Australian Consumer Law applies the Participant has the benefit of guarantees in relation to the hire of a Picnic which cannot be excluded.
7.2 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, Charming Canberra makes no representations and gives no warranties other than those set out in this Agreement, and will not be liable to any Participant for any Loss, Claims, damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the use of a Picnic by the Participant.
7.3 Subject to this clause 7, the Participant indemnifies and holds Charming Canberra harmless to the full extent permitted by law for any Claim, Loss or damage whatsoever arising in connection with the use of a Picnic by the Participant or this Agreement, including any third party Claims.
7.4 in accordance with Australian Consumer Law, Charming Canberra’s liability for any breach of this Agreement is limited to the supplying of the goods or services to the Customer again, or payment of the Hire Charge to the Customer.
7.5 Charming Canberra is not liable for any indirect or consequential loss (including loss of profit or opportunity) arising out of the hire of the Picnic and Charming Canberra’s liability is limited to the extent that a Participant contributed to the loss or damage.
7.6 The Participant will be liable for payment of the excess on applicable Charming Canberra insurance policies where the Participant has caused or contributed to loss or damage of a Picnic, third party, or third party property. Where the excess of Charming Canberra’s insurance policies is not sufficient to cover the loss or damage caused or contributed to by the Participant, the Participant will be charged for the full amount of the cost of replacement or repair.
7.7 Where Charming Canberra’s loss, damage and costs are covered and paid for entirely by its insurance the Customer’s liability to Charming Canberra will be limited to the excess related to the claim. For the avoidance of doubt this limitation does not apply where Charming Canberra’s insurance will not cover the loss, claim or damage and the Customer will be responsible for the entire amount.
8 Event of Default and Termination
8.1 An Event of Default will occur where the Customer or any Participant fails to perform or observe any of the obligations contained in this Agreement or fails to pay any charges or fees owed to Charming Canberra.
8.2 If an Event of Default occurs Charming Canberra may at its option and in addition to any other rights under this Agreement or at law:
refuse, cancel or terminate a booking (and require the immediate return of the Picnic where the Hire Period has commenced);
charge the Customer’s credit card or nominated account for any charges or fees owing to Charming Canberra;
terminate this Agreement;
repossess a Picnic; and/or
by proceeding by appropriate court action, either at law or in equity, enforce performance of the applicable terms and provisions of this Agreement or recover damages for the breach concerned.
8.3 The Customer indemnifies Charming Canberra for any Claims, damages, costs or Loss resulting from a breach by the Customer and/or Participants of any provision of this Agreement.
8.4 In the event of damage to the Picnic rendering it inoperable, regardless of the reason, no responsibility can be accepted by Charming Canberra for loss of time and any other damages or expenses incurred as a result hereof. Charming Canberra shall not be responsible for the consequence of any delay, restriction or cancellation of the Picnic hire arising from repairs or damage or other circumstances beyond its control.
9 Catering
9.1 Picnic hire bookings do not include food or beverages unless agreed with Charming Canberra. Where catering is supplied by Charming Canberra, the amount of such catering will be advised by Charming Canberra during the booking process and will be charged to the Customer’s credit card or nominated bank account.
9.2 The Customer is responsible for ensuring that sufficient catering is ordered for all Participants and to advise Charming Canberra in writing of any allergies or dietary requirements, which Charming Canberra will request that its suppliers accommodate, where possible. Charming Canberra gives no representations and makes no warranty that any catering supplied will meet the dietary requirements of any Participant or that it will be free from allergens or trace ingredients.
10 General
10.1 This Agreement and the Booking Form constitute the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.
10.2 This Agreement operates as a ‘standing agreement’ and each booking shall constitute a separate contract for supply of a Picnic between the parties.
10.3 If any provision of the Agreement is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of this Agreement.
10.4 Clauses 1, 5, 6, 7, 8, 9 and any warranties and indemnities survive termination or expiration of this Agreement.
10.5 Any special conditions applicable to a Customer as set out in a Booking Form (where the booking has been confirmed by Charming Canberra) prevail to the extent of any inconsistency with this Agreement.
10.6 This Agreement is governed by and is to be construed in accordance with the laws applicable in the Location in which the Picnic is hired.
10.7 The Picnic must not be used for commercial use without the prior written permission from Charming Canberra.
11 GST
11.1 Any terms in this clause 12 not defined in this Agreement take the same meaning given to them in the GST Law.
11.2 Any amount in this Agreement, or otherwise arising in relation to the Activities, is exclusive of GST unless expressly stated otherwise.
11.3 Where an amount payable relates to a taxable supply under the GST Law, the recipient of the supply must pay to the supplier, in addition to the consideration for the supply, any GST paid or payable by the supplier in relation to the supply.
11.4 Any GST payable under this clause 12 must be paid on the earlier of the same time and date as the consideration is payable in relation to the taxable supply and 7 days after the supplier provides the recipient a tax invoice relating to the supply.
PARTICIPANT WAIVER AND RISK WARNING
For the purpose of section 34 of the Civil Law (Wrongs) Act 2002 (ACT), the Participant acknowledges that the use of the Picnic may constitute risks that a reasonable person would take precautions against. For the purpose of section 139A of the Australian Consumer Law, the Participant acknowledges that the use of the Picnic presents potential risk to the Participants’ health and safety in participating using and hiring the Picnic. The potential risks of hire and use of the Picnic include, but are not limited to:
death;
physical or mental injury; and/or
the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to me.
The Participant acknowledges that Charming Canberra’s liability arising from the hire of the Picnic is excluded or reduced in so far as is possible as a result of the acknowledgment of the potential risks associated with the Activities in the preceding clause.
By signing this Agreement, the Participant acknowledges, agrees and understands that, to the full extent permitted by law (including by section 43 of the Civil Law (Wrongs) Act 2002 (ACT) and section 139A of the Australian Consumer Law:
the Participant has been made aware of the risk of using the Picnic;
the Participant’s rights to sue Charming Canberra in relation to the hire and use of the Picnic, if the Picnic hire or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Hire Charge; and
the Participant releases Charming Canberra from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, in so far as the Picnic hire results in the death or injury of the Customer or any Participant, but not including significant personal injury caused by Charming Canberra’s negligence.
In addition to any other warranties expressed or implied in this Agreement, to the full extent permitted by law, the Participant (including its heirs, successors, executors, administrators, agents, employees, contractors and assigns) agree to waive, release and indemnify Charming Canberra in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses arising whatsoever in connection, directly or indirectly, with the hire of the Picnic, including without limitation those arising under statute, tort, contract, common law or equity.
The Participant acknowledges that it does not have to agree to exclude, restrict or modify or waive its rights against, or release, Charming Canberra, however Charming Canberra may refuse to allow the Customer to hire the Picnic if the Participant refuses to do so.
Where this Agreement is signed by the Parent/Guardian/Supervisor of the Participant, the Parent/Guardian/Supervisor consents to the minor’s participation in the Activities and provides the acknowledgments and indemnities in this Agreement both in its own right and on the Participant’s behalf. The Parent/Guardian/Supervisor must be present and supervise the minor Participant at all times during the Activities.
By placing an order with Charming Canberra you agree that you have read and understood this Agreement and agree to be bound by the terms set out in this Agreement.
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