TERMS & CONDITIONS
Term and Conditions for Events – Fruit picking, Café, Event and School
In this agreement Tuckerberry Hill Farms Pty Ltd means (ABN 16 342 047 091) of 31-79 Becks Road Drysdale Victoria.
1. Definitions and Interpretations
- “Agreement” means the terms and conditions that are set out in this document
- “Deposit” means the amount forwarded to Tuckerberry Hill as confirmation of a booking and acceptance of the Terms and Conditions both general and specific contained in this document
- “Facilities” means the Tuckerberry Hill premises and its buildings, orchard and any items contained at 31-79 Becks Road Drysdale Victoria
- “Confirmation” means a confirming receipt sent to the customer as acceptance of receival of cleared Deposit
- “Customer” means the person or organisation entering into this Agreement.
- “Booking” means any Event that Tuckerberry Hill has agreed to provide their service or facilities
- “Event” is the term used to cover terms Booking, Function, and Excursion
- “Function” means any Event that Tuckerberry Hill has agreed to provide their service or facilities
- “Excursion” means any Event that Tuckerberry Hill has agreed to provide their service or facilities
- “Event Charges” means all charges applicable to the Booking, Event, Function or Excursion including venue hire, staff charges, equipment hire, and any other charges associated with the Booking, Event, Function or Excursion.
- “Special Terms and Conditions” means any Terms and Conditions contained in the application specific to the Event
- “Payment” means the amounts payable under Clause 4 of this Agreement
- “Final Payment” means the total amount charged to the Customer by Tuckerberry Hill inclusive of costs, taxes, and charges.
1.2 Customer Compliance:
The Customer agrees to ensure compliance with this Agreement of all their guests, contractors, staff, and any other persons invited by them to work or participate in the Event referred to in this Agreement.
2 Event Charges
2.1 Event packages at Tuckerberry Hill are quoted and charged:
- inclusive of all charges for the duration of the event for a minimum of 12 people (Events for less than 12 people are subject to a facility hire charge)
- an additional venue hire fee is payable for exclusive use of Tuckerberry Hill facilities
- priority area usage is subject to an area/room hire fee
- Event Duration:
- all events have a defined duration that must be adhered to except if agreed to by Tuckerberry Hill
- Additional charges may be incurred for extended hours
- Inclusive of 10% Goods and Services Tax based on the gross value of the final tax invoice
- Subject to change at any time due to seasonal variation and price fluctuations
3 Confirmation of Booking
- A tentative Event hire time and date will remain in place for 10 days from time of booking
- An Event hire time and date will be deemed confirmed upon receipt of Deposit for 50% of expected Final Payment. School and corporate Event hire require an official purchase order in lieu of deposit.
4.1 Terms of Payment
- The Customer must pay Tuckerberry Hill the fees as setout in the accepted quote
- Full payment of the Deposit is required to confirm the Event
- Final payment is payable by the Customer on receipt of account.
4.2 Payment Method
- Tuckerberry Hill accepts Cheques, Bank transfer, cash, and Credit Card with a 1.9% bank administration fee
If the Customer does not fulfill the payment obligations specified by the due date, Tuckerberry Hill has the right to terminate the Agreement in which case the Deposit will not be refunded.
Cancellation of the Event must be made at least 7 business days prior to your confirmed Event. If not, a cancellation fee of $50 will be invoiced. The fee will be waived if the cancellation is due to extreme weather, or if the Event is rescheduled.
If Tuckerberry Hill cancels the Event due to unforeseen circumstances, all monies paid will be refunded and an attempt made to rebook at another mutually suitable time.
6 Final Numbers
- Final confirmation of numbers must be provided to Tuckerberry Hill prior to the Event date and form the basis for the Final Payment.
- The Final Payment will be amended according to actual numbers attending the Event however will not be reduced below the Event Charges numbers (2.1).
7 Parents, Teachers, and other support staff charges
- Support staff for events are not included in Final Numbers and are free of charge within the recommended ratio
- Early Childhood & Kindergartens 1 adult for every 3 students
- Foundation to Year 2 1 adult for every 5 students
- Year 3-12 & Tertiary 1 adult for every 10 students
- Special Development Schools 1 carer/aide per student with special needs
8 Damage and Insurance
The Customer will be held financially responsible for damage or loss sustained to any items in the facilities, or to the facilities, however caused, by the Customer, or persons associated with their Event.
9 Customer Obligations
- The Customer must allow Tuckerberry Hill access to and egress from all parts of the facilities.
- The Customer must not a carry on or allow to be carried on at the facilities any behaviour or activity, that is in the opinion of Tuckerberry Hill dangerous, noxious, offensive, illegal, noisy, or objectionable.
- The Customer must not allow the use of the Facilities for any purpose other than which it is permitted by law and for which it is designed.
10 Liability and Indemnity to Tuckerberry Hill
- The Customer indemnifies Tuckerberry Hill to the fullest extent permitted by the law from and against all claims which Tuckerberry Hill may suffer or incur in connection with loss of life, personal injury, or property due to the use of the Facilities by the Customer or persons associated with the Customer except where the injury, loss or damage arises by reason of an act or omission of Tuckerberry Hill or its staff.
- Tuckerberry Hill is not liable or responsible to the Customer or their associates for any loss of life, personal injury, or property due to the use of the Facilities by the Customer or persons associated with the Customer except where the injury, loss or damage arises by reason of an act or omission of Tuckerberry Hill or its staff.