CLASSIC SOFT SERVE
TERMS and CONDITIONS
We aim to exceed expectations of all our customers at Classic Soft Serve (CSS) with every booking. We pride ourselves on our strict code of ethics, professionalism, cleanliness and presentation at all times.
We are a family owned and operated and our terms and conditions are crafted to protect our customers, our staff and our business in the spirit of transparency and fairness.
THE HIRER – the person responsible for the booking, payment of the hire and the person responsible for the guests attending the event.
DEPOSIT
Deposits and/or any money withheld by Classic Soft Serve, as down payment prior to booking date is the responsibility of the hirer. Any money withheld by Classic Soft Serve as a down payment prior to the booking date is wholly known as the DEPOSIT. A minimum deposit is required and specified in accordance with each package. The hire date/ time/ package can only be officially confirmed/ reserved when Classic Soft Serve has sited, proof or evidence of any related transaction. Official booking confirmation is issued to hirer via email, however booking remains at all times subject to availability of van, for example, but not limited to, unforeseen circumstances, safety issues and weather. Full and final payment MUST be received minimum 2 weeks prior to your event. All payments must be made in FULL prior to Classic Soft Serve commencing a booked service.
ACCESS and PARKING SPACE FOR ICE CREAM VAN
Classic Soft Serve requires free, safe, legal access into the booking venue (public or private) by our Ice Cream van. In the event that the hirer has not provided sufficient access and parking, time required to safely park the van will be a deduction off your hire time and/ or at additional cost to hirer. The Ice Cream Van requires a clear 7 metre legal parking space for the length of the van and the space width should be at least 3 . At all times parking shall remain the sole discretion of Ice Cream Van operator in attendance on the day of hire. Classic Soft Serve has sole discretion to refuse commencement of service if access or respective parking space is deemed to be unsafe, illegal or inappropriate. It is the hirers responsible to arrange any required council permissions\permits if the booking is requested at a public place eg park, oval, sporting field. If the hirer has not arranged the required permissions\permits and an official, council ranger or police officer requests the ice-cream van to cease service and leave, Classic Soft Serve will not be held liable in this event.
While every care is taken, when requested to enter private property, Classic Soft Serve is not liable for any damage caused by Ice-Cream van/s to the private property i.e. Letterboxes, dwellings, fences, gates, driveways etc. Classic Soft Serve van will only drive on sealed, safe driveways and thoroughfares without steep land inclines. It is the hirer’s responsibility to accurately represent the access for the van to the parking spot on private property in addition to the actual location where the service will be delivered at time of booking. If the hirer has not described access and\or the parking location for the ice-cream van accurately, the Classic Soft Serve operator has sole discretion to refuse commencement of services. In this case, Classic Soft Serve would not be liable to refund monies paid for the booking to the hirer.
LIABILITIES
At Classic Soft Serve, we always put the safety of our employees and customers first. The hirer holds CSS, its agents or employees harmless of any liability for any personal or material damages arising from all conduct of his/ her party. The hirer will fully indemnify Classic Soft Serve against any injury, damage or accident that may be sustained by the Participant, whilst participating in any Classic Soft Serve event\package. Irresponsible or inappropriate behavior of hirer and\or their guests during service or actions that endangers the safety of public will not be condoned and may lead to termination of services. This includes, but is not restricted to damaging the ice-cream van or inappropriate verbal\physical behavior. In the interests of safety, Classic Soft Serve reserves the right to refuse service to guests under the influence of drugs\alcohol. It will be the discretion of the Classic Soft Serve operator to cease service in this event without any liability to the hirer.
Entering the ice-cream van will be at the sole discretion of the operator and by invitation only. Classic Soft Serve will not be held liable for any accident sustained entering\exiting or inside the ice cream van. The hirer agrees to fully indemnify Classic Soft Serve for any willful damage inside or to the exterior of the ice-cream van by their party.
In addition, the hirer shall be held liable and responsible for any loss, or injuries howsoever caused, by the behavior of his or her party.
The Classic Soft Serve Ice-cream van is a mobile vehicle and every effort is made to upkeep it for reliable operation. In the rare event that the CSS van is involved in an accident or suffers from mechanical failure in any way, CSS may at its entire discretion cancel service. In this case, CSS would make every best endeavor to agree on alternative arrangement with the hirer. The hirer specifically accepts that the hire is based on best endeavors of CSS and will do everything possible to negotiate an agreeable alternative arrangement with the hirer. The Hirer pledges that no legal action will be initiated by it against CSS, its clients, its agents, operators or employees due to any accident or injury or monetary loss sustained during the course of undertaking an event /package.
BEHAVIOUR OF GUESTS and DAMAGES
We reserve the right to give the Hirers contact details to authorities or any person(s) making a complaint about any of your guests. The hirer shall be responsible for the behavior of their guests and shall be primarily responsible for any damage or loss caused to the vehicle whatsoever by their guests. The hirer agrees to undertake responsibility to inform all attending the event of rules and terms and conditions.
ICE CREAM VAN CLEANING AND/OR DAMAGE
The hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle by the hirer or a member of his or her party. The hirer must fully agree to be held liable for the retail cost of any repair as a consequence of any damage caused. The hirer must fully agree to be held liable for any time/loss of business to CSS, until repairs have been made. The hirer further agrees that the company may at its entire discretion determine the specialist repairer that will fix the damage to the vehicle.
In addition, the hirer shall be responsible for payment of fair compensation, which shall be determined by the company, at its sole discretion for the period during which the vehicle cannot be used as a consequence of said damage and repairs. That notwithstanding, the hirer shall also be responsible for any further losses which are incurred as a result of lost bookings.
UNFORESEEABLE EVENTS
Weather extremes\events, terrorism, traffic, street access and other conditions are unpredictable and may hamper itinerary times or may result in cancellation of services. CSS will not be held responsible for any bookings not confirmed by our office or by the hirer.
CSS reserves the right to cancel a booking at any time in the event of adverse\extreme\dangerous weather conditions, accident, equipment failure or other reasonable and unforeseen circumstances. In such an event, an alternative booking date or alternate arrangement will be negotiated with the hirer. In such cases, refunds will be at the discretion of CSS management and any decision is final.
CANCELLATIONS, REFUNDS AND OR CREDITS
Bookings made with CSS are strictly non-refundable in whole or in part. Any money deposited into CSS account or accumulated by any other means remains the property of CSS however CSS is fully flexible and in most cases may exchange monies received to be used as credit in its entirety towards another CSS package for up to six (6) months from cancellation notification date (in writing).
In the case that multiple parties have deposited money into CSS account, CSS reserves the right to only speak to the hirer and treat the money withheld as one (1) sum of money only. A minimum deposit is required and specified in accordance a package. The hire date/time/package can only be officially confirmed / reserved when CSS has sited, proof or evidence of any related transaction.
If the hirer fails to show up at/on the booked time/day of your package, CSS will not offer a refund or credit. Any cancellations made prior to booking date, CSS will not offer a refund or credit.
In the event that a re-booking is made due to an initial cancellation and deposit withheld, the new booking may only be made with a total of a new package as down payment/deposit. This means payment in full of new package, which includes money already withheld.
In the event that a CSS Ice-cream van is involved in an accident or suffers from mechanical failure, or extreme\unsafe weather conditions, or we fail to provide a service in any way; The hirer specifically accepts unconditionally that the hire is based on best endeavors of CSS, and therefore agrees that in such cases CSS claims lost business in all cases, therefore no refund of any kind applies. The hirer pledges that no legal action will be initiated by it against CSS, its clients, its agents, employees, instructors, and/or personnel, due to any accident or injury or monetary loss sustained during the course of undertaking an event /package.
ADDITIONAL TIME OR SERVICES.
We are generally very flexible and accommodating with our Customers at Classic Soft Serve. Depending on our booking schedule, we may be able to extend service during a booking however this would be at the discretion of Classic Soft Serve management for an additional fee. If the hirer agrees to pay for extra time, the agreed cash fee must be made to the van operator as instructed by management before the service extension can commence. Failure to pay for the additional time upfront will result in termination of services in accordance with the agreed initial booking. If additional services are requested by the hirer on day of service outside what was agreed on the booking, these must be made directly with Classic Soft Serve management. If an additional payment is required, this must be paid in cash and in full to the van operator before the additional services can be delivered. Eg package time extension, more guests to be served, inclusion of other food\drinks if available.
PHOTOS, WEBSITE and SOCIAL MEDIA
Sometimes we take photos of the fun at CSS events. These photos can be published on our website and social media sites eg Facebook, Instagram and Twitter. You are welcome to copy these photos if you wish. If you do not want photos at your event to be taken or published, please advise us prior to the event or during the event. If you do not like any of your photos that are published, let us know and they will be removed promptly. CSS will not be responsible or liable if the general public or your guests take photos at your event and post those on Social Media, internet or other media.
ELECTRICITY/ POWER SUPPLY
CSS has its own power generator onboard to completely run our Ice-cream Van outdoors. In the case where the Ice-Cream van is booked to provide service indoors, the use of our power generator is forbidden for safety reasons. If the booking requires service indoors, the hirer bares the cost and responsibility to provide mains 2 x 15 amp Socket to reach the Ice-Cream van on our arrival.
Classic Soft Serve reserves the right to alter/change/amend, any/all terms and conditions at any time without notice.