Reservation Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
“Company” means 882 Hospitality Pty Ltd (trading as Ezard at Levantine Hill) and each of its related entities (in accordance with the definitions in the Corporations Act 2001).
“Function” means an event with the Company for 20 or more guests.
“Function Reservation” means a reservation for an event with the Company for 20 or more guests.
“Terms” means these terms and conditions.
“You” means the person making a reservation with the Company.
In these Terms, unless the context requires otherwise, the headings are used for convenience only and do not affect the interpretation of these Terms; the word "person" includes a natural person and any body or entity whether incorporated or not; the singular includes the plural and vice versa; and the meaning of general words is not limited by specific examples introduced by "including", "for example" or similar expressions.
2.1 Signature Restaurant
You must secure reservations in the Signature Restaurant using credit or debit card details.
The Company will not debit anything from your card at the time of your reservation. If you cancel or reduce the size of your reservation, you must contact the Company at least 24 hours prior to your reservation or the Company will charge a $100AUD per person cancellation fee to the card provided.
Minimum spends apply to reservations of more than 20 people or exclusive use of the Company’s venue.
2.2 All Day Dining
You must secure online reservations in All Day Dining using credit or debit card details.
You must secure reservations of six or more people in All Day Dining using credit or debit card details.
The Company will not debit anything from your card at the time of reservation. If you cancel or reduce the size of your reservation, you must contact the Company at least 24 hours prior to your reservation or the Company will charge a $50AUD per person cancellation fee to the card provided.
Minimum spends apply to reservations of more than 20 people or exclusive use of the Company’s venue.
2.3 Private Dining Room (Storrier Room)
The Storrier Room, which seats up to 22 people, has minimum spends and reservations are treated in accordance with clause 3. Please speak to the Company’s Reservations Coordinator for more information regarding minimum spends and Function options.
(a) This clause 3 applies to all Functions and Function Reservations.
(b) To make a Function Reservation, you must pay the Company:
(i) 25% of the minimum spend at the time the Function Reservation is made; and
(ii) the remaining minimum spend balance 14 days prior to the Function.
(c) Deposits are non-refundable and non-transferable to other dates or venues. Once a deposit is paid, you can only transfer the function date with the approval of The Company.
(d) Tentative Function Reservations will only be held for seven days. The Company reserves the right to cancel a tentative Function Reservation if it has not received your deposit within seven days of the tentative Function Reservation being made.
(a) You must pay the Company the remaining minimum spend balance 14 days prior to the Function. Payment must be made in cash, by approved credit card or by electronic funds transfer.
(b) If payment is not made under clause 3.2(a), the Company may cancel your Function and all moneys paid by you (including the deposit) will be forfeited to the Company.
(c) You may order more drinks on the day or evening of your Function which must be paid for at the conclusion of the Function.
(a) You must provide notice of cancellation of a Function Reservation in writing. As soon as a Function Reservation is made, the Company incurs administrative fees and other costs.
(b) Deposits are non-refundable and are wholly forfeited by you to the Company, unless:
(i) the Function Reservation is cancelled more than 30 days prior to the Function Reservation, in which case the Company will refund 25% of the deposit paid;
(ii) the Function Reservation is cancelled more than 60 days prior to the Function Reservation, in which case the Company will refund 50% of the deposit paid.
(c) If you cancel a Function Reservation 72 hours prior, you must pay the Company within 14 days of receipt of an invoice:
(i) 100% of the minimum spend of the Function; and
(ii) disbursements referred to in paragraph 3.5(b); and
(iii) any reasonable costs incurred by the Company for specialised produce, wine furniture, or other items ordered specifically for your Function.
(d) The Company may terminate its contract with you and cancel the Function Reservation if you breach these terms and conditions, if there is an actual or reasonable likelihood of an occurrence threatening loss of life, injury or danger to persons or destruction of or damage to any property, or if you go into liquidation, bankruptcy, have a receiver, manager, administrator or similar officer appointed to you or are otherwise unable to pay your debts as and when they fall due.
3.4 Final Guest Numbers
(a) You must give the Company final guest numbers at least 14 days prior to a Function Reservation. This guest number forms the basis for the minimum number of guests for which you will be charged.
(b) If your final guest numbers fall below this number, the Company is not obliged to reimburse you. You must inform the Company of any increase in guest numbers immediately and, in any event, at least three days prior to your function date
(c) You must pay the Company for additional guests at the time of confirmation of attendance.
3.5 Minimum Spend
(a) Minimum food and beverage spends apply for all reservations of 20 or more guests. The minimum spend is the amount committed to for food and beverage only. If the minimum spend is not met, the difference will be charged as room hire.
(b) Additional items (e.g. flowers, furniture removal, storage, styling, and equipment hire) requested by you are charged in addition to the minimum spend. These fees, expenses and other charges that the Company incurs on your behalf are referred to as disbursements
(c) The Company will charge you at cost for any disbursements it incurs on your behalf. You must pay reasonable disbursements, including GST, incurred by the Company on your behalf either on demand, prior to the commencement of the Function or at the immediate conclusion of the Function. The Company may also request that it be provided with payment in advance of it incurring a disbursement on your behalf.
3.6 Function Duration
(a) Lunch Functions are based on a duration of 4 or 5 hours and may commence from 11:00am.
(b) Dinner Functions are based on a duration of 5 hours and may commence from 6:00pm.
(c) The Company reserves the right to remove you and any attendees at your Function from the Company’s property outside of these times.
(d) If a Function extends beyond the confirmed finish time, you are liable to pay $1,000 per hour or part thereof.
(e) Function conclusion times and service must comply with liquor and planning laws. All extensions are at the discretion of the Company.
Standard venue cleaning is included in the cost of a Function. You may incur additional charges where a Function has created additional cleaning that is considered, in the opinion of the Company, to be over and above standard cleaning.
Prices quoted in advertising material are subject to alteration depending upon final selection. The Company will inform you of any alterations to prices.
5. PUBLIC HOLIDAYS
(a) There is a 10% surcharge on public holidays and a 15% surcharge on public holidays for exclusive use hire.
(b) The Company reserves the right to not accept large bookings on public holidays
6 THE ENTERTAINMENT BOOK
The Entertainment Book card discount is not applicable on public holidays and the following days: Christmas Eve, New Year's Eve, Valentine's Day, Easter Saturday, Easter Monday, Mother's Day and Father’s Day.
7. FOOD AND BEVERAGE
Menus and beverage lists the Company may provide are samples only and are subject to change without notice.
While the Company will endeavour to accommodate requests for special meals for customers who have food allergies or intolerances, the Company cannot guarantee completely allergy-free meals. This is due to the potential of trace allergens in the working environment and supplied ingredients.
7.2 Cakes and Cakeage
(a) If sourced externally, a cakeage charge of $10 per person applies for the Company to cut and serve your cake to guests.
(b) If externally sourced cake is served on platters with tea and coffee, the cakeage charge is $5 per person.
(c) All cakes must come from a commercial supplier. No other external food may be brought to the Company’s premises and consumed without the Company’s written approval.
You are responsible for the behaviour of your guests. You indemnify the Company and each of its officers, employees and agents from any loss or claim directly or indirectly arising out of
(a) any personal injury, illness or death to any person, or damage to any property or another other loss or damage of any kind caused or contributed by or connected with the conduct of you or your guests;
(b) any injury to or death of any person or any damage to or loss of property connected with the conduct of you or your guests,
except to the extent that any liability, loss or damage is caused by the Company’s wilful misconduct or gross negligence.
8.2 Goods and Services Tax (GST)
All prices quoted are inclusive of GST
8.3 Other bookings
The Company reserves the right to take other bookings on the same table(s) to be used for your reservation on the condition that those other guests vacate up to a half hour prior to your scheduled reservation time.
8.4 Laws and Regulations
Reservations and Functions are subject to council planning and liquor licencing restrictions, but as a general guide must conclude by 11 pm.
8.5 Force Majeure
Where a force majeure event or a similar circumstance beyond the Company’s reasonable control prevents or delays the Company from performing an obligation in respect of the function and/or under these Terms, that obligation is suspended for so long as the force majeure continues and the delay or failure to perform will not be a breach of the Company’s obligations to you.
8.6 Paramountcy of Terms
If these Terms conflict with any other document, agreement or arrangement, these Terms prevails to the extent of the inconsistency.
These Terms may not be amended or varied unless the amendment or variation is in writing signed by the parties.
Part or all of any provision of these Terms that are illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.
8.9 Governing Law
These Terms will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the exclusive jurisdiction of the courts of that State