Terms and Conditions for BarBike.
BAR BIKE GROUP BOOKING TERMS AND CONDITIONS
Effective date: 12 January 2026
IMPORTANT INFORMATION: These Terms contain important payment, cancellation and postponement rules. In particular:
- a Booking is confirmed only after the applicable Booking Payment is received;
- a deposit is available only when the Event is more than 60 calendar days away, and the full balance is due 60 calendar days before the Event;
- a Client cancellation generally results in BarBike retaining all or most amounts paid, as set out in section 13;
- access, weather protection and a safe service area are the Client's responsibility; and
- nothing in these Terms excludes any right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
Please read these Terms before confirming a Booking.
1. ABOUT THIS POLICY: Bar Bike Group operates under the ABN 77 687 059 953, trading as Bar Bike Group. In this Policy, Bar Bike Group is called BarBike, we, us or our.
2. DEFINITIONS: In these Terms:
Booking means the Client's request for BarBike to provide Services for an Event.
Booking Agreement means the agreement described in section 3.
Booking Payment means the deposit or full payment required at checkout to confirm a Booking.
Client means the person or organisation identified as the customer in the Booking. A person who submits a Booking for an organisation or another person warrants that they have authority to do so.
Confirmed Booking means a Booking for which BarBike has received the applicable Booking Payment.
Event means the event identified in the Confirmed Booking, including any replacement event accepted under these Terms.
Event start time means the service start time recorded in the Confirmed Booking for the selected Event date.
Services means the services, personnel, equipment, menu selections and other items expressly included in the Confirmed Booking.
Website means barbike.com.au (https://www.barbike.com.au) and its associated booking pages.
written or in writing includes email and a written message sent through a BarBike booking or communication system that BarBike can retain.
3. THE BOOKING AGREEMENT: The Booking Agreement consists of:
1. any written variation expressly agreed by BarBike and the Client after confirmation;
2. the Confirmed Booking, including its accepted quote or booking summary;
3. these Terms; and
4. any other document expressly incorporated into the Confirmed Booking.
If there is an inconsistency, those documents apply in the order listed above. A quote, invoice, receipt or communication that merely records payment does not vary the Services or these Terms.
The version of these Terms accepted when the Booking is confirmed governs that Booking. BarBike will retain a record of the accepted Terms and Privacy Policy versions, the acceptance wording, timestamp, Booking identifier and quote or booking summary.
Terms applying to a Booking confirmed before the effective date of this version continue to govern that Booking unless BarBike and the Client expressly agree otherwise or a change is required by law.
4. WEBSITE USE AND CHANGES: General information on the Website may be updated from time to time.
The version of these Terms accepted when a Booking is confirmed continues to govern that Confirmed Booking unless:
1. BarBike and the Client expressly agree to a variation;
2. the change is required by law; or
3. the change does not reduce the Client's rights or materially increase the Client's obligations.
A later update to the Website or these Terms does not, merely because the Client continues to use the Website, retrospectively change an existing Confirmed Booking.
The Client must use the Website lawfully and must not interfere with its security or operation, attempt unauthorised access, introduce malicious code, or use automated means to extract data except as permitted by law or with BarBike's written approval.
5. WEBSITE INFORMATION: General descriptions, photographs and examples on the Website explain or illustrate BarBike's services. They do not add an item to a Confirmed Booking unless that item is expressly included in the accepted quote or booking summary.
A quote is calculated using the information entered and selections made by the Client. Before confirmation, a quote remains subject to availability and these Terms.
Once a Booking is confirmed, the Services and price are those recorded in the Confirmed Booking, subject to any later variation agreed under these Terms.
Nothing in this section excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
6. BOOKING CONFIRMATION AND ELECTRONIC ACCEPTANCE: A Booking is not confirmed until BarBike receives the applicable Booking Payment. Until then, the requested date and Services remain subject to availability.
To confirm a Booking through the standard online process, the Client must actively accept the Terms and acknowledge the Privacy Policy versions presented at checkout. The Client should save or download those documents for their records.
After confirmation, BarBike will make the Confirmed Booking details available through the booking dashboard, confirmation communication or another durable record.
If an apparent confirmation results from an obvious technical or pricing error, section 7 applies. If BarBike cannot honour a confirmed date because of an availability error for which BarBike is responsible, section 14 applies. A failed, pending or fraudulent initial payment is not a received Booking Payment. An outstanding balance or later balance-payment problem is governed by section 11.2.
7. QUOTES AND PRICING: A quote is based on the Event information and selections supplied by the Client when the quote is generated. Before a Booking is confirmed, a quote does not reserve the Event date and remains subject to availability.
When the Booking is confirmed, the price in the Confirmed Booking becomes the agreed price for the recorded Services, subject to:
1. a change requested or accepted by the Client;
2. incomplete or inaccurate information supplied by the Client that materially affects the Services or price;
3. an additional fee expressly identified in the Confirmed Booking or these Terms; or
4. an obvious pricing or calculation error.
If BarBike identifies an obvious error that materially increases the price after confirmation, BarBike will notify the Client. The Client may accept the corrected price or cancel the affected Booking and receive a refund of amounts paid for Services not provided. This paragraph does not allow BarBike to change an agreed price merely because its ordinary costs later increase.
Unless expressly stated otherwise, monetary amounts are in Australian dollars.
8. SERVICES: BarBike provides mobile bar and related beverage-service Services, not event organisation or general event management.
BarBike will provide only the Services identified in the Confirmed Booking. Any requested item not included in it is subject to BarBike's written acceptance, availability and any additional price.
BarBike may replace a staff member as permitted by section 19. A material substitution affecting an agreed menu item is governed by section 16.
9. ALCOHOL AND OPTIONAL SHOPPING-CART ASSISTANCE: BarBike does not sell or supply alcohol. The Client is responsible for purchasing and supplying sufficient suitable alcohol for the menu, quantities and Event, and for complying with any venue requirements governing its possession or consumption.
As an optional convenience, BarBike may:
1. add suggested alcohol products to the online shopping cart of a bottle shop;
2. use ShareCart or an equivalent service to create a shareable shopping-cart link; and
3. send that link to the Client.
The link is not an order, invoice, purchase, payment request or guarantee of price, stock, delivery or suitability. BarBike does not place the order, does not act as agent for the Client or retailer, and does not make a representation on either party's behalf. The Client may ignore or alter the link. If the Client uses it, the Client checks the products and quantities, decides whether to proceed with the retailer whose website hosts the cart, contracts with and pays that retailer directly, and is responsible for delivery and availability.
10. EVENT DETAILS AND BOOKING CHANGES: The Client must provide accurate and complete Event information, including the date, venue, address, Event start time, guest count, service duration, selected Services, consumption restrictions, access information and any special request relevant to performance.
Event details made editable through the online booking page may be updated online until 21 calendar days before the Event. At or after that cutoff, the Client must contact BarBike to request a change.
A requested change:
1. is subject to availability;
2. may change the price, Services or outstanding balance; and
3. is not accepted until BarBike confirms it through the booking system or in writing.
If the Client pays an additional amount specifically for an accepted change and BarBike subsequently cannot provide that change, BarBike will refund the amount paid specifically for the unavailable change unless the Client accepts a replacement.
A request to move the Event date is governed by section 15, not this section.
11. PAYMENT:
11.1 BOOKING PAYMENT AT CHECKOUT: If the Event is more than 60 calendar days away, checkout may offer the Client a deposit. The amount is calculated according to the time remaining and is displayed before payment.
If the Event is exactly 60 calendar days away or less, checkout requires full payment and does not offer a deposit.
Card payments are processed by Stripe. BarBike does not receive or store full payment-card details. A failed or pending transaction is not payment.
11.2 BALANCE AFTER A DEPOSIT: Where a deposit has been paid, the outstanding balance is due by 11:59 p.m. AWST on the date 60 calendar days before the Event.
BarBike will send a reminder to the booking email address at least seven calendar days before the due date.
If the balance remains unpaid, BarBike will send a written overdue notice to the booking email address allowing seven calendar days for cleared payment. BarBike may make further reasonable attempts to contact the Client.
The Booking remains confirmed and the full balance remains due unless and until BarBike exercises its discretion to cancel the Booking by written notice. If cleared payment of the full outstanding balance is received before BarBike sends that cancellation notice, the non-payment ground for cancellation is removed and the Booking continues as paid in full.
If BarBike sends a cancellation notice because of non-payment:
1. the outstanding balance ceases to be due;
2. all deposits and other amounts already paid are forfeited and will not be refunded;
3. the 10% refund in section 13 does not apply; and
4. the Booking ends, subject always to any right or remedy that cannot lawfully be excluded.
No interest or late-payment surcharge applies solely because a balance is overdue.
11.3 BANK TRANSFER FOR A BALANCE: Bank transfer is not available for the initial Booking Payment and cannot be used to confirm a Booking. A Client who confirmed a Booking online by paying a deposit and accepting the applicable Terms and Privacy Policy may request to pay the later outstanding balance by bank transfer.
On that request, BarBike will provide payment instructions. The balance is paid only when cleared funds are received and recorded against the Booking. Requesting or initiating a transfer does not extend a due date or prevent cancellation under section 11.2.
11.4 PAYMENT RECORDS: Invoices and receipts will identify Bar Bike Group and ABN 77 687 059 953. They record payment and do not change the Booking Agreement unless they expressly contain a written variation accepted by both parties.
12. DATE, AFTER-HOURS AND TRAVEL CHARGES:
12.1 SUNDAY, PUBLIC-HOLIDAY AND NEW YEAR'S EVE SURCHARGE: A surcharge of $100 per scheduled serving hour per staff member applies where the selected Event date is a Sunday, New Year's Eve or a Western Australian public holiday. The selected Event date determines whether the surcharge applies to the scheduled service duration; the date classification is not recalculated hour by hour if service crosses midnight.
If more than one of those descriptions applies to the selected Event date, only one $100 date surcharge applies for each scheduled serving hour and staff member. Sunday, public-holiday and New Year's Eve surcharges do not stack with each other.
12.2 AFTER-HOURS SURCHARGE: A separate after-hours surcharge of $100 per affected serving hour per staff member applies to service between 12:00 midnight and 6:00 a.m., including where service starts earlier and crosses midnight.
The after-hours surcharge stacks on top of one applicable date surcharge under section 12.1.
For a partial affected serving hour, the surcharge is calculated proportionately. The applicable calculation will be displayed before confirmation or an accepted change.
12.3 TRAVEL: Travel distance is calculated automatically by the online system as a one-way road journey from Perth CBD to the Event venue using the address supplied by the Client.
No additional travel fee applies where that one-way distance is exactly 25 kilometres or less. Where the distance is more than 25 kilometres, the travel fee is $2.50 for each additional one-way kilometre beyond 25 kilometres. The calculated total travel fee is rounded up to the next whole dollar.
The Client must check that the venue address is correct. A material address correction may change the travel charge or place the Event venue outside BarBike's service area.
12.4 MAXIMUM SERVICE DISTANCE: BarBike services Event venues up to 150 kilometres one way from Perth CBD, calculated as a road journey under section 12.3. Event venues more than 150 kilometres one way from Perth CBD are outside BarBike's service area.
13. CANCELLATION BY THE CLIENT:
13.1 HOW CANCELLATION BECOMES EFFECTIVE: The Client may request cancellation by sending written notice to bookings@barbike.com.au.
Cancellation takes effect only when BarBike has received the notice and sends the Client a written acknowledgement confirming the cancellation. The time BarBike sends that acknowledgement is the cancellation-confirmation time for this section. BarBike does not undertake to acknowledge a request within a specified period. Unless and until BarBike sends the acknowledgement, the request is treated as unreceived and unconfirmed and the Booking continues.
The Client should contact BarBike promptly if an acknowledgement is not received. These requirements do not prevent the Client from exercising a right that cannot lawfully be made conditional on BarBike's acknowledgement.
13.2 DEPOSIT-ONLY BOOKING: If only a deposit has been paid when cancellation is confirmed, the Client forfeits the entire deposit and receives no refund, regardless of how far in advance cancellation occurs.
13.3 FULLY PAID BOOKING—AT LEAST 72 HOURS' NOTICE: If the Booking has been paid in full and BarBike sends its cancellation acknowledgement at least 72 hours before the Event start time, BarBike will refund 10% of all amounts actually paid and retain 90%.
For this calculation, all amounts actually paid include any refundable glassware deposit included in the fully paid Booking. For example, if the total amount actually paid, including a glassware deposit, is $1,000, the cancellation refund is $100.
BarBike will issue the refund within seven calendar days after the cancellation is confirmed.
13.4 FULLY PAID BOOKING—LESS THAN 72 HOURS' NOTICE: If BarBike sends its cancellation acknowledgement less than 72 hours before the Event start time, no refund is payable.
13.5 SCOPE OF THIS SECTION: The cancellation rules apply to a cancellation for change of mind, changed plans, a Client-requested date change that BarBike cannot accept, or another reason allocated to the Client under the Booking Agreement.
They do not apply where:
1. section 14 requires BarBike to refund or reschedule;
2. section 23 specifies a different outcome; or
3. the Client is entitled to a different remedy that cannot lawfully be excluded, including because BarBike breached the Booking Agreement or failed to comply with a consumer guarantee.
If BarBike cancels for non-payment under section 11.2, no refund is payable and the 10% refund does not apply.
14. CANCELLATION OR SERVICE FAILURE BY BARBIKE: This section applies where BarBike cannot provide all or a material part of the Services for a reason that is BarBike's responsibility and is not caused by a failure of the Client or the Event organiser to meet their obligations.
If BarBike cannot provide the whole Service, the Client may choose:
1. rescheduling under the process in section 15; or
2. a refund of all amounts actually paid for the Confirmed Booking.
If rescheduling is unavailable, the Client declines it, or no mutually acceptable replacement date is available, BarBike will refund all amounts actually paid. The 90-day period in section 15.2 does not delay a refund arising from BarBike's own cancellation or failure.
If BarBike provides part of the Services but cannot provide a separately priced or reasonably identifiable component for a reason that is BarBike's responsibility, BarBike will refund the amount attributable to the unavailable component. Ordinary understaffing or a routine supplier failure within BarBike's control is treated as BarBike's responsibility, not an event outside reasonable control.
This section does not apply to non-payment cancellation under section 11.2, Client cancellation under section 13, Client-caused prevention under sections 17, 18 or 21, or an event governed by section 23.
15. POSTPONEMENT AND DATE CHANGES: Where a replacement Event date is accepted under these Terms, all amounts already paid are credited to the replacement Booking. The original price remains where the scope is unchanged. A requested scope change is subject to BarBike's acceptance and may be repriced for the changed components.
15.1 CLIENT-REQUESTED POSTPONEMENT: The Client may request one postponement process for a Confirmed Booking by written notice. During that process, the Client may propose multiple replacement dates until one mutually acceptable date is found, subject to BarBike's availability.
The replacement Event must occur within 12 months after the original Event date. The 12-month period always runs from the original date, not from a proposed or accepted replacement date.
Once a replacement date is accepted, the postponement process ends and no further postponement is permitted.
If BarBike declines a proposed replacement date, the original Booking and original Event date remain intact. The Client may propose another available date within the same postponement process. No refund arises merely because BarBike cannot accept a requested date.
If the Client instead cancels, section 13 applies. In particular, a fully paid Booking receives the 10% refund only if BarBike's cancellation acknowledgement is sent at least 72 hours before the Event start time; otherwise the applicable no-refund rule applies.
15.2 POSTPONEMENT AFTER AN EVENT OUTSIDE REASONABLE CONTROL: Where section 23 gives the Client a rescheduling option, the replacement date must be agreed within 90 calendar days after either party gives written notice that the original Event cannot proceed. The replacement Event must occur within 12 months after the original Event date.
If no replacement date is agreed within 90 calendar days, the applicable refund or no-refund rule in section 23 takes effect.
16. MENU SELECTIONS AND SUBSTITUTIONS: The menu selections and quantities in the Confirmed Booking apply unless BarBike accepts a change.
A menu-change request must be made at least 21 calendar days before the Event, is subject to availability, and is not accepted until confirmed through the booking system or in writing. If BarBike cannot accept it, the existing selections and quantities continue.
If an accepted menu item later becomes unavailable, BarBike may propose a reasonably comparable substitute. BarBike will not make a material substitution without the Client's prior agreement. If no substitute is agreed, BarBike will refund an additional amount paid specifically for the unavailable item or provide another remedy agreed with the Client.
17. VENUE PERMISSION, SERVICE AREA AND ACCESS: The Client is responsible for obtaining every permission required for BarBike to enter the venue and provide the Services. Before confirmation, the Client must disclose any venue rule or restriction relevant to alcohol, external suppliers, service times, access, setup, pack-down, equipment, glassware or any other part of the Services.
The Client must provide:
1. a safe, level and adequate service area of at least 2 metres by 2 metres;
2. at least 900 millimetres of clear width through every door, gate and other barrier on the access route;
3. ground-floor access, or a lift large enough and approved to accommodate BarBike's equipment, because the BarBike cannot be moved up stairs; and
4. access up to 90 minutes before the Event start time for setup and up to one hour after service for cleaning and pack-down.
The BarBike is self-sufficient and does not require the venue to provide electricity, running water or drainage unless the Confirmed Booking expressly says otherwise.
If disclosed access or the service area is inadequate, inaccurate or unsafe, BarBike will first try to contact the designated Event-day contact and, if that person cannot be reached, the primary booking contact. If a contact is reached, BarBike and that person will try to identify an accessible, adequate and safe alternative area in which the Services can be provided.
If neither contact can be reached, or no safe and workable solution can be agreed, BarBike will cancel or cease the affected Services. Subject to any non-excludable right, no refund, credit or rescheduling is available where that outcome results from the Client's failure to provide accurate access information, permission, adequate space or safe access.
18. OUTDOOR EVENTS AND WEATHER PROTECTION: For an outdoor or partially outdoor Event, the Client must provide suitable shade and waterproof protection from sun, heat, wind and rain before service begins and throughout the service period.
Acting reasonably, BarBike may delay, suspend, cease or decline to start all or part of the Services if conditions are unsafe or unsuitable, equipment is at risk, product quality or safety is likely to be compromised, or staff or guests face an unreasonable risk and the required protection has not been provided.
Subject to any non-excludable right, no refund, credit or rescheduling is available for Services that BarBike was ready and able to provide but could not safely provide because the Client failed to supply adequate protection.
If severe weather prevents performance despite the Client having supplied adequate protection, section 23 applies.
19. EQUIPMENT, PERSONNEL AND GLASSWARE: BarBike will provide the equipment, glassware and personnel included in the Confirmed Booking. BarBike determines the number of personnel reasonably required based on the guest count and Services booked.
BarBike may replace personnel where reasonably necessary and may use employees, casual employees or contractors, provided BarBike remains responsible for performing its obligations.
The Client is responsible for loss of or damage to BarBike property to the extent caused by the Client or the Client's guests, invitees, venue or contractors, excluding fair wear and tear and loss caused by BarBike.
Where supplied glassware is included:
1. no glassware deposit applies to a BYO-glassware selection;
2. otherwise, the refundable glassware deposit is calculated at $1 per supplied glass or serve;
3. cocktail glassware has a minimum deposit of $150 where cocktail glassware is supplied;
4. the Bubbles Bar deposit is $1 for each flute allocated for the guest count plus each additional flute selected;
5. a lost or damaged martini glass is charged at $5 per glass;
6. a lost or damaged flute is charged at $3 per glass, in every service context; and
7. BarBike will clean and count the glassware, assess loss or damage, deduct the applicable charges from the deposit and refund any remaining deposit within seven calendar days after the Event.
20. FINITE QUANTITIES AND REMAINING COCKTAILS: The quantities in the Confirmed Booking are finite. The Services are not an unlimited-drinks service.
If the booked cocktail quantities are fully served before the end of the service period, the cocktail service ends at that time. If Bubbles Bar service is included, it continues until its booked end time while suitable products supplied by the Client remain, subject to responsible-service and safety requirements.
At the end of service, BarBike will pour off up to two litres of each remaining cocktail selection for the Client where lawful, safe and reasonably practicable. BarBike supplies the containers for this purpose.
21. HEALTH, FOOD SAFETY, RESPONSIBLE SERVICE AND CONDUCT: BarBike will provide the Services in accordance with applicable food-safety, work-health-and-safety and responsible-service requirements, including relevant venue and licence conditions.
BarBike does not request or ordinarily keep structured records about allergies, dietary requirements, medical conditions or disabilities. The Client decides whether to disclose relevant information and must do so early enough if asking BarBike to consider an accommodation. BarBike will consider a request but does not guarantee an allergen-free environment or a particular accommodation unless BarBike expressly accepts it in writing.
The Client must not represent that BarBike can accommodate a requirement that BarBike has not accepted. The Client remains responsible for communicating relevant information to guests and for decisions about consumption.
BarBike may refuse service to a person who:
1. is under 18 or cannot provide acceptable evidence of age;
2. is intoxicated or appears intoxicated;
3. behaves aggressively, abusively, discriminatorily, unlawfully or dangerously;
4. tries to obtain alcohol for a person refused service; or
5. otherwise cannot lawfully or safely be served.
BarBike may pause, restrict or end all or part of the Services where reasonably necessary to protect staff, guests, property or legal compliance. The Client must provide reasonable assistance with guest conduct and any lawful refusal of service.
Subject to any non-excludable right, no refund is payable for Services BarBike was ready and able to provide but could not continue because the Client or guests made continued service unsafe or unlawful.
22. CONSUMER RIGHTS, LIABILITY AND INDEMNITY: Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
To the extent permitted by law, each party is responsible for loss to the extent caused or contributed to by that party's breach, negligence, unlawful conduct or wilful misconduct.
To the extent permitted by law, BarBike is not liable for indirect or consequential loss arising from a Confirmed Booking, including lost profit, revenue, opportunity or reputation, except to the extent that liability cannot lawfully be excluded.
To the extent permitted by law, BarBike's aggregate liability arising from a Confirmed Booking is limited to the amount paid or payable for the affected Confirmed Booking.
That limit does not apply to the extent that:
1. liability cannot lawfully be limited;
2. loss arises from BarBike's fraud or wilful misconduct; or
3. loss is personal injury caused by BarBike's negligence.
The Client indemnifies BarBike against a third-party claim only to the extent the claim was caused by:
1. the Client's material breach of the Booking Agreement;
2. the Client's negligent, unlawful or wilful conduct;
3. materially inaccurate information supplied by the Client;
4. an unsafe venue condition within the Client's control that the Client failed to disclose or remedy; or
5. loss of or damage to BarBike property caused by the Client or a guest.
The indemnity is reduced to the extent the claim or loss was caused or contributed to by BarBike's breach, negligence, unlawful conduct or wilful misconduct.
23. EVENTS OUTSIDE REASONABLE CONTROL:
23.1 GENERAL PROCESS: A party is not liable for delay or failure to perform an obligation to the extent performance is prevented by an event outside that party's reasonable control and the effects could not reasonably have been avoided or overcome.
An event may include a natural disaster, severe weather, fire, flood, cyclone, government or emergency restriction, widespread transport disruption, utility failure, industrial action or a comparable external event. Ordinary understaffing, inadequate funds or a routine supplier failure within a party's reasonable control is not an event outside that party's reasonable control.
The affected party must notify the other as soon as reasonably practicable, explain the expected effect and take reasonable steps to minimise it.
23.2 CAUSE ALLOCATED TO THE CLIENT: If performance is prevented or reduced because the Client or Event organiser failed to meet an obligation—such as obtaining venue permission, providing accurate access information, adequate space, adequate weather protection or a safe work environment—the Client receives no refund, credit or rescheduling, subject to any non-excludable right.
This applies to the whole affected Service and to an unavailable component. For example, if a combined BarBike and Bubbles Bar package cannot both fit safely because the Client failed to provide the required space, no refund is payable for the component that cannot be provided.
23.3 CAUSE ALLOCATED TO BARBIKE: If the cause is BarBike's responsibility, section 14 applies. For example, if BarBike supplies too few personnel to provide a BarBike and Bubbles Bar package, the Client receives a proportional refund for the unavailable component.
If an equipment failure or loss was caused by BarBike's breach, negligence or another matter within its reasonable control, section 14 applies and BarBike may not use section 23.7 to reduce the remedy provided by section 14.
23.4 NEUTRAL EXTERNAL EVENT WHERE RESCHEDULING REMAINS POSSIBLE: If neither party is responsible for the cause and rescheduling is possible, the Client may choose between:
1. rescheduling under section 15.2; or
2. a refund of amounts paid for Services that cannot be provided, subject to section 23.7.
If BarBike's Event-specific equipment is destroyed immediately before the Event by a neutral external cause, and no replacement equipment or reasonable substitute can be obtained, BarBike will refund the amount paid for the unavailable Services less any deduction permitted by section 23.7. If BarBike caused or contributed to the destruction through breach or negligence, section 23.3 applies instead.
23.5 PARTIAL NEUTRAL PREVENTION: If neither party is responsible and only part of the Services is prevented, BarBike will provide the available Services and refund the amount attributable to the unavailable component, subject to section 23.7.
23.6 PERMANENT ABANDONMENT OF THE UNDERLYING EVENT: Subject to any non-excludable right, no refund is payable where the underlying Event is permanently abandoned because of an external event for which neither party is responsible. This includes where:
1. the venue is destroyed by fire, flood or cyclone and the underlying Event is permanently abandoned;
2. a government or emergency order permanently prevents the particular Event from proceeding; or
3. a severe external event causes the organiser to abandon the Event entirely rather than postpone it.
This section applies only where the underlying Event is genuinely and permanently abandoned. If rescheduling remains possible and the Event has not been permanently abandoned, section 23.4 applies.
23.7 NON-RECOVERABLE EVENT-SPECIFIC COSTS: Where this section provides for a refund, BarBike may deduct documented, non-recoverable costs incurred specifically for the affected Event. There is no separate percentage or dollar cap on that deduction, but it:
1. cannot exceed the amount otherwise refundable;
2. must not include BarBike equipment replacement, general overhead or lost profit; and
3. does not permit BarBike to recover the same cost twice.
Any balance will be refunded after the applicable deduction. Nothing in this section permits a deduction from a remedy that cannot lawfully be reduced.
23.8 RESCHEDULING TIMETABLE: The replacement date must be agreed within 90 calendar days after either party gives written notice that the original Event cannot proceed. The replacement Event must occur within 12 months after the original Event date. If no replacement date is agreed in time, the refund or no-refund rule otherwise applicable under this section takes effect.
24. PHOTOGRAPHY AND PROMOTIONAL MATERIAL: Unless the Client opts out, BarBike may take photographs or video of its equipment, products, service setup and the Event and may use that material for its portfolio, website, social media and other promotional purposes. Acceptance of these Terms records this default position; there is no separate photography checkbox.
The Client may opt out at any time before or during the Event through any communication channel, including by telephone, email or another direct communication with BarBike. BarBike will record and respect a communicated opt-out. If the opt-out is received before the Event, BarBike will not take Event photography or video. If it is received during the Event, BarBike will stop taking photography or video and will not use material already taken at that Event for promotional purposes.
BarBike will not intentionally use an identifiable person as the primary subject of promotional content without appropriate permission. Appropriate permission must be obtained before intentionally featuring a child as the primary subject.
Where permission has been given, it may be transferred to a purchaser or successor as part of a bona fide transfer of the BarBike business, subject to the original scope and limitations.
25. SALE OR TRANSFER OF THE BARBIKE BUSINESS: BarBike may sell, transfer, merge, restructure or otherwise dispose of all or substantially all of the business or its operating assets.
In a bona fide business transfer, BarBike may assign contractual rights, transfer Booking administration and records, transfer or account for payments and credits, arrange for a purchaser or successor to assume future obligations, and handle personal information as described in the Privacy Policy and permitted by law.
BarBike will not transfer performance of a Confirmed Booking unless the purchaser or successor agrees in writing to honour it on materially the same terms, except for a change agreed with the Client or required by law.
To the extent the Client's consent is legally required to substitute the purchaser or successor as service provider, the Client gives that consent in advance, provided:
1. the purchaser or successor agrees in writing to assume the relevant future obligations;
2. the transfer does not materially reduce the Client's contractual rights;
3. deposits, credits and payments attributable to the Confirmed Booking transfer or are properly accounted for; and
4. the Client is not required to pay the same amount twice.
BarBike or the purchaser will give affected Clients reasonable notice of the effective transfer. Once future obligations are validly assumed and the transfer takes legal effect, the outgoing operator is released from those future obligations to the extent permitted by law. The outgoing operator remains responsible for liabilities accrued before the effective transfer date.
26. INTELLECTUAL PROPERTY: Unless stated otherwise, the Website and BarBike materials are owned by BarBike or used under licence. The Booking Agreement does not transfer ownership of BarBike's business names, branding, trade marks, logos, domain names, photographs, written materials, designs, software, code or other intellectual property.
The Client may use material supplied by BarBike only to manage and enjoy the Confirmed Booking. The Client must not copy, reproduce, modify, distribute, reverse engineer, decompile or attempt to access source code except to the extent applicable law expressly permits.
Third-party materials remain the property of their owners. The Client retains ownership of content supplied by the Client.
If the Client expressly submits a testimonial, review, photograph, video or other content for publication, or separately agrees that it may be published, the Client grants BarBike a non-exclusive, royalty-free licence to use that approved content for the stated promotional purpose. The Client warrants that they have authority to grant that permission. The licence may be transferred with the BarBike business, subject to its original scope and limitations.
General correspondence, ideas and suggestions do not give BarBike a publication licence merely because they are communicated to BarBike.
27. GOVERNING LAW AND DISPUTES: The Booking Agreement is governed by the laws of Western Australia.
If a dispute arises, each party should first give the other a written description and reasonable opportunity to respond. The parties will attempt good-faith resolution. If unresolved, they may agree to mediation in Perth, Western Australia.
Unless the parties separately agree to arbitration after the dispute arises, either may bring proceedings in a court or tribunal with jurisdiction.
Nothing prevents urgent interlocutory relief, exercise of a non-excludable statutory right, or contact with a regulator or complaint body.
28. WAIVER: A failure or delay by either party to exercise a right does not waive it. A waiver is effective only if written and applies only to the particular right and circumstances identified.
29. SEVERABILITY: If a provision of the Booking Agreement is invalid, illegal, unenforceable or void, it is to be read down to the minimum extent necessary. If it cannot be read down, it is severed and the remaining provisions continue to the extent possible.
30. ENTIRE AGREEMENT: The documents identified in section 3 constitute the entire agreement for the Confirmed Booking.
Nothing in this section excludes liability for fraud, misleading or deceptive conduct, or another representation or right that cannot lawfully be excluded.
31. CHANGES TO THESE TERMS: BarBike may publish a new version for future Bookings. A new version applies to a Booking confirmed after its effective date and does not retrospectively alter an existing Confirmed Booking except as permitted by section 4.
32. CONTACT: Booking and contractual enquiries:
- Bar Bike Group
- ABN 77 687 059 953
- Email: bookings@barbike.com.au