Terms & Conditions

Definitions:

French Affair Events and Hire Pty Ltd shall be referred to as French Affair Hire from here on in.  The Hirer hiring the goods and entering into the contract will be referred to as the “Hirer” from here on in.

1. An “Authorised Credit Card” is the credit card that the Hirer uses and gives permission to French Affair Events & Hire for payment of the hire booking and for any further incidentals that may arise after the hire period has been completed.  Credit Card transactions will be processed securely, and no card details will be stored.
2. Hire is for a three (3) day period. Weekend hire is from Friday to Monday.  In the case of a Monday public holiday, the period will extend to the following business day.    In the case of a Friday public holiday, hire shall commence the day prior.
3. The Hirer enters into a contract and agrees and accepts the terms and conditions from the date of booking with French Affair Events & Hire.
4. As staff are in and out of the premises, the Hirer may pick up their hired goods from the French Affair Events & Hire (72 Finucane Rd, Capalaba) by appointment Monday to Friday. 
5. The Hirer shall exercise due care and diligence when using the Equipment and shall only use the Equipment for the purpose for which it was designed.
6. Due to health and safety obligations, our staff cannot load hire items into your vehicle. Please ensure that you have people to assist with loading hired items.
7. The hire is for the term reflected on the contract unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for our drivers to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period. This will be deducted from the Hirers authorised credit card. 
8. If the Hirer fails to return the equipment by the due date, the Hirer gives French Affair Events & Hire permission to enter the premises of where the equipment is held to collect the equipment without being responsible for any damages caused to enter the premises.
9. French Affair Events & Hire reserves the right to change the prices/specials on the website at any time without notice.
10. The company/and or person who has made the booking is liable for all payment. Full payment will be required before the event via credit card or direct deposit. Only VISA and MasterCard credit cards are accepted.
11. The Hirer’s booking will be confirmed once payment in full has been made. Until such time that full payment has been received by French Affair Events & Hire, the booking will remain as a ‘Quote’ only.
12. Any loss or damage to hire equipment will result in a replacement/damage fee. In the event of any loss or damage to hire equipment and for goods returned soiled, the necessary costs for cleaning, repair or full replacement will be charged to the hirer. If any set or part thereof, is damaged beyond repair or individual pieces not able to be replaced, the hirer will bear the full cost replacing the set.  Transport boxes are also part of the hire and must be returned clean, dry and undamaged. Hirer shall not repair or attempt to repair any equipment without the prior written consent of French Affair Events & Hire.
13. By making a booking, the Hirer authorises their debit/credit card to be charged in the case that any equipment is lost, stolen, damaged, requires cleaning or repair. Payment will be taken immediately from the debit/credit card that has been authorised at the time of completing the booking.
14. For general hire goods, in the event of a cancellation 7 days or earlier than the hire date, hirers will be reimbursed for 50% of the paid amount.   In the event of cancellation less than 7 days prior to the date of hire, the entire payment will be forfeited. If you wish to add products to your order, you can do so by raising a new booking so long as the items that you are requiring are available for your event.  By providing your credit card details, the Hirer gives permission for French Affair Events & Hire to charge the card for any amendment fees incurred.
15. In the case of weddings and special event set ups: Eight (8) weeks’ notice of cancellation by the hirer is required to receive a refund. A cancellation fee of $150.00 per order will apply for orders $300.00 or under.  For orders totalling more than $301.00 a 25% cancellation fee will apply.  Should you cancel within 28 days of hire, any refund monies are at the discretion of management, with the exception for the death of a member of your immediate family upon producing a death certificate.  Where postponement is requested, French Affair Events & Hire will do our best to accommodate your requests, however we reserve the right to change pricing.
16. For general Hire, the delivery fee which is shown at the checkout is based on the distance from Capalaba and includes delivery to the Hirers front door or entrance to the business.  The delivery charge will be shown at the checkout when you enter the postcode. Our standard delivery charge covers deliveries within business hours, Monday to Friday. If delivery or pickup is required outside of these hours, carrying of items further than the front entrance, setting up items, collecting items from an area beyond the delivery point and any process that is beyond the general hiring of items, a surcharge will apply. Items must be stacked in the same manner in which they were delivered to avoid a pack down fee. 
17. In the case of wedding ceremony packages, or wedding receptions and special events, where set up is included; Paragraph 16 shall not be enforced.
18. In the case of wedding or special events that French Affair Events & Hire set up, it is noted all additional items, drinks, food, DIY décor etc, is to be removed by the hirer prior to our pack down services. Failure to do so will incur a pack down surcharge fee.
19. The Hirer authorises French Affair Events & Hire to deduct the payment of the said surcharges from the Hirers authorised credit card.  For more information or to make an outside of business hours delivery booking, please contact our team on 0435 516 366.
20. The Hirer is responsible for having someone available to take delivery of the equipment at the nominated date and time. If the Hirer fails to be there at that time, an additional delivery fee will be charged to re deliver the equipment at another time.
21. For bump in and bump out times, please ensure you adhere to the times arranged to avoid additional fees if we are caused to wait or return at a later time.
22. The Hirer shall assume all risks and liabilities for and in respect of the Equipment and for injuries to or death of persons and damage to property howsoever arising from the possession and or use of the Equipment during the Period of Hire once they take possession of the equipment. Furthermore, the Hirer assumes proper knowledge in the operation and handling of the equipment and follows OH&S policies and does not hold French Affair Events & Hire responsible for any injury caused to themselves or others whilst moving or setting up any equipment.
23. The Hirer will indemnify French Affair Events and Hire against the loss of or damage to the equipment whether by fire, theft, vandalization. accident, breakage, seizure, confiscation, misplacement or otherwise and will indemnify French Affair Events & Hire and hold French Affair Events & Hire from all other losses, damages, demands, claims, lawsuits, penalties, liabilities and expenses (including legal costs on an indemnity basis) whatsoever arising, incurred as a result of or in connection with the possession and/or use of the Equipment or seizure or the taking of possession of the Equipment. The Hirer will be liable to pay the full replacement cost of that particular item/s.
24. French Affair Events & Hire shall retain full title and property to and in the Equipment and the Hirer shall be a bailee only. The Hire fee is for one (1) use of the Equipment only.  The Hirer may not transfer this contract to another party without written consent of French Affair Events and Hire.  
25. The Hirer shall inspect and check all equipment and notify French Affair Events & Hire at the time of delivery if any equipment is missing, damaged or unfit for use. If the Hirer fails to notify French Affair Events & Hire of any unacceptable issues or items upon the delivery or collection of goods, then it is deemed that the Hirer is satisfied and in acceptance of the items in their possession. Failure to notify will deem the Hirer responsible for any damages or missing equipment upon return to French Affair Events & Hire.
26. No warranty is provided by French Affair Events & Hire for the equipment’s fitness for any particular use.
27. Jurisdiction: The laws of QLD shall govern this agreement. Venue for any legal proceedings brought in connection with this contract shall be in QLD, Australia.
28. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
29. The terms and conditions can only be amended by French Affair Events & Hire.
30. Any changes to this contract must be written and signed by both The Hirer and French Affair Events & Hire. Oral agreements are non-binding. The latest contract supersedes all previous contracts between The Hirer and French Affair Events & Hire. This agreement binds and benefits the heirs, successors and assignees of the parties.
31. Where a booking is unable to be met by French Affair Events & Hire through no fault of the Hirer a full refund will be offered.
32. Due to our credit card processing agency rules; If a booking is received longer than prior to 12 months from the hire date, a full refund will be issued from French Affair Events & Hire and will be re-booked and charged at the 12 months prior to hire date. 
33. Terms and conditions specific to Pavilion Marquees:

• Under no circumstances are open flames, braziers or fires are to be inside the marquee.
• Marquees are not to be moved or dismantled by any persons other than French Affair Events & Hire Staff.
• Installation and dismantling of marquees are subject to local wind conditions prevailing at that time. We reserve the right to cancel the hireage at our discretion, if we consider it dangerous to erect the marquees, due to severe wind or rain conditions. We will not be held liable should this occur. Your deposit will be returned to you in this instance.
• It is the hirer’s responsibility to vacate the marquee depending on the local wind or storm conditions prevailing at the time of the function. No refund will apply in this case. It is the hirers responsibility to remove any items within the marquee that may cause damage to the walls in windy/gusty conditions.
• Should sloping ground on your site allow rainwater run off to flow inside the marquee during a storm; French Affair Events & Hire shall not be held responsible, and no refund shall be given.
• If marquees are built or dismantled in muddy conditions, a cleaning fee of $100.00 will be applied and French Affair Events & Hire to deduct the payment of the said surcharges from the Hirers authorised credit card.  

34. In the event that a hire payment is refused or returned by your bank, debit/credit card processing facility, the hirers failure to make good on the payment for hire, or the cost of damage and charges; an invoice will be issued to the principal hirer and payment must be made in full within seven days of the original hire date to avoid debt collection and/or legal action, of which the hirer will bear the  full collection fees and court costs associated with retrieving the outstanding monetary amount.
35. The Hirer consents to French Affair Events & Hire taking photos of your event for advertising and marketing purposes on social media, on their website, in flyers, brochures, or through any other means to market French Affair Events  & Hire, and no fee shall apply for use of the photos for this purpose.