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1.PARTIES
This contract is made between Donato Convention Centre Pty. Ltd. trading as DONATO RECEPTION CENTRE (“the Reception Centre”) and the person or persons named in item 1 of the schedule (“the Client”). If more than one person is named in item 1 of the schedule then this contract shall bind them jointly and each of them severely.
2. PRICE
The Reception Centre agrees to provide the client with catering convention services and the use of the convention centre located at 62 Humphries Terrace Kilkenny (“the Venue”) and the client agrees to pay the price per guest set out in item 3 of the schedule (“the Price”) for such services. The Reception Centre reserves the right to vary the Price from time to time and at any time by giving the client at least fourteen (14) days written notice of such variation.
3. TERMS OF PAYMENT OF THE PRICE
The Client agrees to pay the Price for each guest/service to the Reception Centre by way of cash or bank cheque within seven (7) days of completion of the function organised by the Client in relation to the Venue (“the Function”).
4. DEFAULT BY THE CLIENT
If the Client shall fail to pay the Price for each guest within seven (7) days of completion of the Function, then the Reception Centre may recover from the Client interest at the overdraft rate being applied by the Commonwealth Bank of Australia on overdrafts of more than $100 000.00 at the time of default on such amount of the Price as shall be outstanding computed from that time of default ( in addition to any other legal rights the Reception Centre may have).
5. BOOKING FEE
The client shall pay to the Reception Centre the booking fee set out in item 4 of the Schedule (“the Booking Fee”) on the signing of this Contract. If the Booking Fee is not paid to the Reception Centre then this contract shall have no legal effect. The Booking Fee will be applied to the Price upon the client making full and final payment of the Price.
6. MENU & BEVERAGES
The parties agree that the menu set out in item 5 of the schedule (“the Menu & Beverages”) shall be the Menu & Beverages in relation to the Function. The Reception Centre reserves the right to vary the menu & beverages at any time by written notice. The client shall only be entitled to vary the menu & beverages by giving the Reception Centre at least seven (7) days written notice of such variation and by obtaining the consent of the Reception Centre to change in the Menu and the variation in the Price, if required.
7. CANCELLATION BY THE RECEPTION CENTRE
The Reception centre reserves the right to cancel the Function at any time without incurring any legal liability whatsoever although in such event the Reception Centre will immediately refund the Booking Fee paid under this Contract in full to the Client.
8. FUNCTION DATE
The Function shall be held on the date and for the duration set out in item 2 of the schedule and the client shall only be entitled to alter the date or duration of the function with the consent of the Reception Centre.
9.EXCLUSION OF LIABILITY
Neither the Reception Centre nor its servants or agents or any authorised person thereof shall be liable or in any way responsible to the Client or any of the client’s members, employees, agents, invitees, guests or to any other person for any death, injury, loss or damage, which may be suffered or sustained to any property or by any person whether caused by negligence, default or wilful misconduct of the Reception Centre, its officers, servants, and agents, or otherwise.
10. INDEMNITY BY THE CLIENT
The client agrees to indemnify the Reception Centre and keep the Reception centre indemnified against:-
10.1 All and any liability, loss, claim, action or proceeding (whether caused by the negligence of the Reception Centre, its servants or agents or otherwise) arising from the loss of life, personal injury or property damage in connection with the use of the Venue or of the use of the facilities in and about the Venue or in relation to the provision of any services or the performance of the obligations of the Reception Centre under this Contract.
10.2 All or any loss or damage to the property of the Reception Centre (whether caused by the negligence of the Reception Centre or not) resulting from or in connection with the use of the Venue or the facilities in and about the Venue or the provision of any services or the performance of any obligations of the Reception Centre under this Contract.
11. PROPERTY DAMAGE
The Client accepts full responsibility for any damage caused by the guests and any other attendee whomsoever of the Function and hereby undertakes to pay the full repair or replacement costs estimated by the Reception Centre. The Reception Centre does not accept any responsibility for the damage or loss of any property left at the Venue prior to, during or after the Function.
12. UNAVAILABILITY OF THE VENUE
If for any reason the Venue cannot be made available to the Client on the date for which it has been hired by reason of fire, flood, damage, industrial dispute, or for any other reason whatsoever, the Reception Centre shall not be liable for any loss, damage or injury whatsoever suffered by the Client as a result of the unavailability of the Venue prior to, during or after the Function
13. COMPLIANCE WITH LAWS
The Client shall conduct the Function in an orderly manner and in full compliance with all applicable laws and shall ensure that the Places of Public Entertainment Act and The Liquor Licensing Act and any other applicable legislation or laws in force at any time and from time to time shall be compiled with. The Client shall indemnify and keep indemnified the Reception Centre against all and any liability resulting from any breach of any applicable legislation or laws which may be in force ay any time or from time to time.
14. CANCELLATION BY CLIENT
If the client shall cancel the Function, then without prejudice to the Reception Centre’s rights to recover its loss and damage as a result of such cancellation, the following shall apply. The Client shall forfeit the Booking Fee unless the Reception Centre is able to obtain another booking for that date although the Reception Centre is under no obligation whatsoever to endeavour to obtain such a booking.
15. GOVERNMENT TAXES, FEES, COSTS ETC.
The Price does not include taxes, imposts, duties or any other fees or costs of any type Legislated by Government at the present time or in the future. The Client will indemnify and keep the Reception Centre indemnified against all such taxes, imposts, duties, fees or costs.
16. COLLECTION AND USE OF PERSONAL INFORMATION
Donato Convention Centre respects the privacy of the personal information that it collects and is committed to managing that information in a responsible manner. Donato Convention Centre will only collect and hold personal information that is necessary to have in order to attend to your related business needs. This will include such information as your name, address, contact details, and gender. Usually, we will collect the personal information directly from you. We use the personal information collected principally for the purpose of assessing and advising you on your business needs. This may include identifying and providing you with information about other products or services that may help you to understand and make decisions about your business in relation to the Centre.
We may use your personal information in several ways:
- To assist you with future business dealings with us
- To send you emails or postal mail details of products and services we offer
- To maintain our relationship with you
- To conduct market research
- To invoice
- To offer tenders
17. SITE DISCLAIMER
This website provides information about the services and facilities at Donato Convention Centre. This information is not definitive and is correct at the time of publication. Donato Convention Centre reserves the right to make changes to all information (including prices) on the site at any time, without prior notice. Information and material contained on this website is subject to copyright. No part of the site may be reproduced without written permission from Donato Convention Centre.
Donato Convention Centre Pty. Ltd. A.B.N. 82 060 469 927 Trading as Donato Reception Centre Terms and Conditions of Contract
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