OPEN BAR
TERMS AND CONDITIONS
1. General Terms
This Terms and Conditions Agreement (“Agreement”) includes the terms and conditions agreed to between you, the purchaser/client (“Client”), and Open Bar (OB) for its charter services. By booking a reservation with OB, and paying adequate consideration, you are agreeing to these terms. All of the given information provided by the Client is binding and cannot be changed without OB’s acceptance.
1.2 Modification of Terms. Any changes to this Agreement, will be posted on our website. Existing contracts will not subject to new terms and conditions revisions. New contracts will be subject to the latest terms and conditions posted online on the LV website and sent with every reservation confirmation. Any changes to your reservation date will be subject to the new terms, and your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the services. Your continued use constitutes acceptance.
2. Pricing & Payments
2.1. Retainer. A booking Fee equal to 50% of the total reservation value is due upon booking a reservation with OB and serves as consideration for OB saving your date.
2.3 Payment. The Booking Fee is applied towards the contracted service and rental package. The remaining balance must be paid in full no later than 30 days before the event date. If you are booking less than 30 days from service, payment in full is required within seven (7) days of receiving your booking confirmation or twenty-four (24) hours before service, whichever is first. Failure to make payment in full by this date will release OB from any responsibility or liability to provide services. Payments may be made in the form of credit cards, cash or check.
All payments are considered NON-REFUNDABLE and NON-TRANSFERRABLE. Any reduction of service time and/or services will be reviewed by OB, but does not warrant a reduction in total balance owed to OB.
2.4 Payment Types.
2.4.1 Credit Card Payments. By voluntarily accepting services, you authorize OB to bill the credit card on file for all charges incurred as a result of services rendered, plus a non-refundable four (4%) percent service fee.
2.4.2 Cash and Check Payments. Check payments may be mailed or dropped off in person to our warehouse located at 4639 Rivers Suite E, North Charleston, SC 29405. The mailbox is located on the front of the property on the street side of Palmetto Tile Distributors. Cash payments are required to be hand delivered to our staff.
Cash sums received by bartenders are considered gratuity and non-refundable.
For all bookings, you agree to provide a major credit card on file as a guarantee for payment for all pertinent charges, including any incidental expenses and damages. These terms apply to everyone in the vehicle, and by booking our services, you are accepting complete responsibility for all guests and associated parties. Client is authorizing OB to charge the credit card on file for any and all balances, and new charges, due immediately upon receipt of a “Balance Update” email.
2.5 Late Payments. If a payment is not received by a due date as described in Section 2 above, the credit card on file will automatically be charged. If the credit card on file is declined, the client will have an additional seven (7) days to make an alternate payment to satisfy the balance due. If payment is not received in this time frame, OB is authorized to add late fees to the balance in the amount of 15% of the due amount, and an additional 15% for every 15 days additional the reservation payment runs late. Once a reservation reaches the 45 days late period without a satisfied balance, the account will be sent to collections and a collections fee of $250 will be added.
2.6 Price. Pricing for the OB services will be based on the date of service, time requirement, number of guests, type of bar/asset, distance travelled, and other such pertinent factors. By completing the booking with OB you agree to the price based on your needs. No refund or reduction in cost will be given for changes to your booking.
3. Rental Terms and Services.
3.1 Bar Rental + Bartending Service. OB will deliver and setup the bar up to 2 hours prior to the contracted start time and will require 1 hour to breakdown after the contracted end time. We will provide servers, disposable cups, beverage napkins, straws, beverages and any accompanying garnishes. We are not responsible for trash disposal.
3.2 Bar Only Rental.
OB will deliver and pickup the bar asset at the agreed upon time and date and stage it on location.
4. Service Time.
It is of particular importance that the Client makes allowances for anticipated delays and adheres to the agreed time schedule.
4.1 Time Changes. In the event that the Client wants to change the time of the itinerary, they may do so, only if OB is able to accommodate and agrees to any and all changes in writing. Please be advised that we may not be able to make any changes to times once the reservation is retained due to scheduling conflicts. There are no refunds for unused time.
4.2 Overtime. OB cannot guarantee the availability of overtime but will do what they can to accommodate the additional needs of the purchaser/client. Overtime starts at one (1) minute past the agreed end time and is billed in 15-minute increments at double the standard rate in which it was reserved. If the overtime interferes with another reservation, the purchaser/client will be held responsible for the monetary refund, if applicable, to the waiting party.
5. Conduct.
5.1 Damages. The Client is solely responsible for and accepts full liability for all damage(s) done to the bar asset either by yourself or your guests during your service. Client agrees that OB and anyone associated with the service holds no liability for Client’s actions or the actions of its guests during or after the conclusion of the service. Client agrees to be solely responsible for actions, decisions and judgments made and exercised during and after the conclusion of the service. Purchaser/client agrees to hold OB harmless for any and all losses or illegal charges they or any other person or entity may suffer.
5.2 Behavior. If OB staff determines that your behavior or your guests’ behavior is out of control, unsafe, illegal, dangerous, belligerent, or irresponsible to lives and property, he/she may, at his/her sole discretion and without warning, terminate the service immediately without a warning. If a service terminates service due to guest’s misconduct, there will be no refund or credit of any kind.
5.3 Alcohol Consumption. South Carolina law prohibits minors to consume alcohol; therefore, you understand and agree that any persons under 21 years of age are not to consume any alcohol while using OB's services and bar assets. Proper identification is required at all times for all guests consuming alcohol.
6. Bar Swaps.
A mechanical issue, damages, etc may arise with our bar assets from time to time making the bar asset unavailable. OB will swap your bar for another comparable available bar. No refunds shall be granted.
7. Refunds.
7.1 Generally. All payments are considered NON-REFUNDABLE and NON-TRANSFERRABLE. Any reduction of service time and/or services does not warrant a reduction in total balance owed to OB.
7.2 In the event that OB is unable to perform the service due to an error on the part of LV, a refund of that service minus an administrative fee of 20% may be granted. This excludes situations caused or created by the client or outside forces, such as cancellations by the client, force majeure, or inaccurate schedule information (see Section 8, Cancellations, for more information).
7.3 Complaints of Service. If OB does not receive a written complaint within 48 hours from the end of the contract time, client agrees that they are 100% satisfied and happy with all services provided and there are no valid complaints.
7.5 Refund Payment. In the event OB does offer client a refund, refunds are processed via our Billing department and can take anywhere from 7-14 days to arrive via check. Refunds processed via Venmo can take anywhere from 1-4 days.
8. Cancellation of Service.
All cancellations have to be submitted in writing. Any changes to the initial reservation have to be confirmed with OB. OB reserves the right to terminate this or any other contract for noncompliance of the above requests.
If the contract is cancelled by the purchaser/client/authorized personnel or services are reduced after it is signed, OB is still authorized to collect the remaining balance in full.
9. Non-Disparagement.
The Parties agree that they will at no time take any action or make any statement that could discredit the reputation of the other, or its products or services, including in any online forums, such as Social Media sites. In the event that one party violates this portion of the agreement, the other party shall be entitled to compensation of no less than $5,000.00 per incident.
10. Force Majeure.
Neither OB or the purchaser/client shall not be deemed in default of the terms and conditions, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payments due) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the party, provided that the party relying upon this provision: (a.) gives prompt written notice thereof, and (b.) takes all steps reasonably necessary to mitigate the effects of the force majeure event. If a force majeure impedes OBs ability to provide service to the client, the client will be granted an in-house credit. OB will not refund any payments, including the retainer and administrative costs detailed in Section 2 of this Agreement. OB does not include COVID-related issues under Force Majeure and any related cancellations will be considered a standard cancellation and no refund or credit will be offered.
11. Authorized Personnel.
By listing an individual(s) contact information on the reservation, client gives authorization to them to receive communications and add/remove services. OB is not responsible for any errors or misunderstandings made by the individual(s) on behalf of the client.
12. Notices.
Any notice provided for in this Agreement must be in writing and must be either personally delivered, sent via electronic mail to Client’s assigned email address with a read receipt required, mailed by first class mail (postage prepaid and return receipt requested), or sent by reputable overnight courier service (charges prepaid) to the recipient at the address reflected . Any notice under this Agreement will be deemed to have been given when so delivered or sent or, if mailed, five days after deposit in the U.S. mail.
13. Severability.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. I have read and understood the terms above. I hereby agree to the terms of this contract.
16. State of South Carolina.
This Agreement is subject to the laws of the State of South Carolina. Any dispute that may arise must be filed in the court of proper jurisdiction; however, the venue is restricted to a court in the County of Charleston.
14. Agreement.
This agreement contains the entire understanding between LC, and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing.
15. Attorneys Fees.
In the event the parties become involved in litigation with each other arising out of this Agreement or other performance thereof in which the services of an attorney or other expert are reasonably required, the prevailing party shall be fully compensated for the cost of its participation in such proceedings, including the cost incurred for attorneys' fees and experts' fees.
I , the Client, am satisfied with the terms and conditions above and fully understand and agree. If, for any reasons, I am not fully satisfied with the services I receive, I have 48 hours after the completion of the job to file a complaint in writing via email.
