Terms & Conditions
SERVICE LEVEL AGREEMENT
1. Cost Estimates
1.1. Written COST ESTIMATES are valid for 14 days from date of issue.
1.2. Flair Bar is VAT registered (4710263791)
1.3. Flair is level 4 – BEE compliant (ESMB)
2.1. A 75% deposit is required on all bookings made. The provisional invoice shall be provided to the client prior to the event. It is Important to note that beverage stock, staff hours and travel distance may vary from Cost Estimate as it will be billed on consumption.
2.2. The terms of this Agreement will begin on the date of signature of this Agreement and will remain in full force and effect until such time as the Flair Bar’s account have been settled in full, subject to earlier termination as provided in this Agreement, with the said term being capable of extension by mutual written agreement of both parties.
2.3. In the event of the deposit not received, your function shall be deemed to be cancelled, and you will be liable on demand for 20% of the quoted price for your function. Refer to cancellations in section 3.
2.4. Balance of payment for all functions to be made within 7 days of receipt of the final invoice.
2.5. Payment may be made by cash or EFT (electronic fund transfer) only.
2.5.1. FNB – Branch code: 251 655 Account number: 62 255 2699 64
2.5.2. All cheques to be made out to Flair Professional Mobile Bar Services
2.5.3. Credit / Debit Card swipes are subject to 4% service fee.
2.6. The contents of venues, decorations, bar units or any other items to be supplied by Flair Bar are subject to market availability.
2.7. All equipment including marquee(s) hired on the client’s behalf will be subject to the terms and conditions of the owner (third party supplier), which you are deemed to have accepted on acceptance of these terms of trade.
2.8. Interest will be chargeable on all outstanding invoices if full payment has not been received 7 days after receipt of the final invoice. Interest will be charged at 18% on the outstanding amount as per after the 7 days as stated above. Such interest will be compounded monthly in arrears, on all unpaid amounts owing by the client to Flair Bar.
2.9. In the event of Flair Bar proceeding with further legal steps to recover the whole or any portion of the outstanding amount for the event, the client will be held liable for all costs incurred by Flair Bar including, but not by way of limitation, the costs of any letter of demand, all tracing charges, all collection charges, all attorney and client charges and counsel fees on brief.
3.1. Any cancellation of a function or event by the client must be notified to Flair Bar in writing.
3.2. In the event of a cancellation the following cancellation fees of the cost estimate will be payable to Flair bar by The Client.
3.2.1. 7 days before the date of the function – 75%
3.2.2. 14 days before the date of the function – 50%
3.2.3. 21+ days before the date of the function – 25%
3.3. If the party signing these terms and conditions is a Company, then the person who signs on behalf of the Company will be deemed as signing as surety for the Company. The signatory hereby agrees and declares all acknowledgements of indebtedness and admissions by the principal Debtor (The Company) to Flair bar will be binding on him/her.
4. Function Proceedings
4.1. Beverages are quoted for as a rete per head and such quotation is an ESTIMATE only. You will be billed for beverages strictly on a consumption basis. All open, loose or unusable stock will remain with the client and we will charge for the same. All perishables will be charged for in full and are not on consumption basis.
4.2. Staff at functions have a minimum charge of at least three (3) hours.
4.3. Functions of Eight (8) hours or more will be charged an addition fee for food sustenance.
4.4. In the event that the functions quoted time have changed and Flair Bar or its employees or agents are required to or in any
way restrained or prohibited from removing its equipment from the premises on which the function or event was held, Flair Bar shall be entitled to charge a fee of R500 per hour for the bar and all other charges in respect of additional staff hours and equipment at Flair Bar usual rate.
4.5. Flair Bar aims to be at an event between one (1) and two (2) hours prior to the quoted (Cost Estimate) start time, for setup. Should the client require earlier times, additional fees will be charged in respect of additional staff hours and equipment at Flair Bar’s usual rates.
4.6. It is illegal for anyone under the age of 18 years old to purchase or consume alcohol at an event. Our staff members have the right to refuse to serve anyone who is under age or who is excessively under the influence of alcohol and cannot be held liable for any damage or consequence arising be it at default, negligence or otherwise on the part of Flair Bar Staff.
5.1. The client is entirely responsible for secure storage and work environment of inter alia, staff, hire and bar goods delivered for the function, until collection after the function, even when the delivery is the day before the function or over a weekend. The client must have insurance to this effect.
5.2. Client is liable for the full replacement value, for any losses / breakages on their premises / function premises of any hired items or items at the venue.
5.3. All damages incurred at the function, for whatever reason, will be the sole expense of the client and the client will be charged accordingly.
6. Number of Guests
6.1. Flair Bar requires final number of guests 7 days prior to the function.
6.2. Unless otherwise agreed to in writing, such final numbers will be the minimum order, as herein set out, but numbers may be
increased up to 24 hours before the function, subject to availability of stock, staff and equipment.
7.1. Any complaints shall be made promptly and must be received at the Flair Bar offices or E-mail no more than 7 working days after the date of the function. Claims submitted thereafter, by The Client, will be repudiated and Flair Bar will accept no further liability.
In the event that a dispute arises out of, or in connection with this Agreement, the parties will attempt to resolve the dispute through friendly consultation.
7.2. Alternatively, and at Flair Bar’s discretion, Flair Bar reserves the right to have the matter adjudicated through a process of litigation.
8. Force Majeure
8.1. In the event of circumstances arising from adverse weather conditions, wind, rain, fire, flooding, industrial unrest, etc. Flair Bar reserves the right to determine whether it is possible and/or safe and/or advisable to install any goods, and/or carry out the service at the site and/or allow the goods to remain installed on site.
8.2. In the above mentioned circumstances, The Client will be responsible for arranging their own function insurance.
8.3. Flair Bar cannot accept any liability where performance or prompt performance of the Flair Bar contractual obligations is
prevented or affected due to strikes, lock out hostilities or any circumstances outside of Flair Bar’s control amounting to
8.4. The Client will have no claim against Flair Bar in respect of such cancellations.
9. Exclusion of Liability and Indemnity
9.1. Neither Flair Bar nor the Flair Bar personnel shall have any responsibility or be held liable for any of the following:
– the belongings (including gifts) of The Client or any guests of The Client or any third party involved in hosting the Function; – any injury, damage or loss suffered by any of the afore mentioned persons;
– for any loss or damage to property belonging to The Client, or any of their guest or invitees, left behind after the function.
9.2. The Client indemnifies Flair Bar and the Flair Bar personnel, as well as their respective employees, directors, agents or sub- contractors, and undertakes to hold them harmless against any claims, damages or losses which may arise from loss, harm, liability, expense or damage to any person or property of whatsoever nature and howsoever arising by reason of hosting the function at the venue other than liabilities arising as a result of the negligence of Flair Bar or Flair Bar’s Personnel.
10.1. The parties warrant and represent to each other and they are induced to enter into this Agreement upon the strength of the warranty and representation that the person who executes this Agreement on their behalf is duly and lawfully authorised to conclude this Agreement.
11.1. The service provided by Flair Bar to The Client are done so entirely at The Clients risk and Flair Bar shall in no way be liable for any loss or damage including consequential damages that may be occasioned by the negligent act of omission of Flair Bar and of their staff or agents.
11.2. In addition, The Client hereby indemnifies Flair Bar who hereby accept such indemnification for any loss or damage to any third party items, arising out without derogating from the generality thereof, from death or injury of a this party or damage to their property which may be occasioned solely or in part by any negligent act or omission or on the part of Flair Bar or any of their employees or agents.
11.3. In the event that there is any damage to any of the mobile bars or any of the equipment supplied by Flair Bar, howsoevercaused and by whom so ever with the confusion of Flair Bar’s employees, The Client shall be liable to reimburse Flair Bar for such damages on demand.
11.4. Irrespective of the fact that the employees of Flair Bar or its agents may operate the mobile bar, The Client hereby agrees that once the mobile bar and the equipment have been placed on the premises on which the function is to be held, they are then within the custody and under the control of The Client and will remain so, in their custody or under their control and care until such time as Flair Bar has removed them and loaded them onto transportation for purpose of conveying the bars to and from the premises for the function.
11.5. In the event that the mobile bars or equipment of Flair Bar remain on the premises after the function, The Client shall arrange that they be adequately and securely stored and shall take out indemnity insurance for the bars and equipment for the period they remain on the premises.
11.6. In the event of the bars or equipment being destroyed, stolen or lost whilst in The Clients custody, either before, during or after the function, the client shall be liable and shall pay Flair Bar on demand, the full replacement value of the bar or equipment so damaged, lost or stolen.
11.7. For the purposes of this clause it shall not matter whether the damage, loss or theft is caused through negligence, and intentional act, or an act of god.
11.8. The Client takes full and sole responsibility for the costs of the alcohol and responsibility for any legal issues and costs that may occur as a result of the function.
11.9. The Client acknowledges that he is in possession of a legal liquor license (if required), in the case of a cash bar, and has full permission from the relevant authorities to host a function and/or sell liquor at the address as per the address on the attached cost estimate.
11.10. The Client is aware that any breakages will be charged to their account, glasses that are missing are presumed broken, if any of our glassware is found, please return it to Flair Bar’s premises and we’ll refund you the unit price.
12. The Client's Duties and Care of Flair Bar's Goods
12.1. The Client agrees to:
12.1.1. Take reasonable care of the goods
12.1.2. Only use them for the intended purposes
12.1.3. Not to specifically interfere with their working mechanisms
12.1.4. Take adequate and proper measures to protect the goods from theft, damage and/or other risks
12.1.5. Not to make alterations, move, de-erect (breakdown), the structure or make structural changes to any for the Flair Bar goods in any way without prior written consent from Flair Bar
12.1.6. Do not or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the
goods as notified by The Client of Flair Bar
12.1.7. IN THE ABOVE CIRCUMSTANCES THAT THE CLIENT IS NON-COMPLIANT, THE CLIENT SHALL BE HELD LIABLE FOR:
– All expenses, lose (including charges) and/or
– All damages suffered and incurred by Flair Bar
13. Risk, Insurance and Ownership
13.1. Ownership of the goods remains at all times with Flair Bar
13.2. The Client must keep the goods free from legal attachment
13.3. In the case of the goods being lost, stolen or damaged beyond reasonable repair while in the possession of The Client, The
Client shall pay Flair Bar the full replacement cost of any goods, less the amount paid to Flair Bar under any policy of insurance taken out in accordance with this agreement.
14.1. In the absence of a separate contract signed by both parties, Flair Bar’s standard Terms and Conditions will apply, available at https://flairbar.co.za/contact/terms-conditions/ – no other terms will apply.
15. Signing Instructions and Booking Confirmation
15.1. This signature page must be signed by The Client or their duly authorised representative and each other page of this Agreement is to be initialled.
15.2. In order to confirm your booking, the following must be emailed to Flair Bar:
15.2.1. A signed copy of the Agreement
15.2.2. A clear copy of the proof of payment indicating the exact amount paid as deposit, the date of such payment and
the details of the account into which the payment was made.