Function Venues, Wineries and Venue Operators: Are you at risk of being penalised under the new unfair contract terms regime?
Under the Australian Consumer Law and ASIC Act, the spotlight is now shining on unfair contract terms, and function venues, wineries and venue operators should take note. It is not uncommon for such businesses to use contracts in its operations which may now be captured under the new unfair contract terms regime, including:
website terms and conditions
booking forms or terms
supply agreements
services agreements
venue hire agreements
lease agreements
The changes have already commenced, however it is not too late to take action and revisit your contracts to identify any potential unfair contract terms and ensure compliance, noting there are significant consequences for non-compliance.
Not only will a business be unable to enforce a contract that contains unfair contract terms, but a business could also be subject to substantial penalties (up to $50M (for each unfair term), 3 times the benefit obtained from the conduct or 30% of adjusted turnover, whichever is greater) and found guilty of illegal conduct.
If you are unsure whether these changes apply to you, don’t take the risk in assuming you are compliant. Our team is offering a free terms and conditions ‘traffic light review’ which can be accessed here and can assist you with navigating this landscape.
Harwood Andrews boosts its Hotels, Hospitality and Tourism Team with the addition of two new lawyers
We are also excited to announce the addition of Briget O’Callaghan (Principal Lawyer) and Evelyn Zeglinas (Associate) to our growing Hotels, Hospitality and Tourism team. Briget and Evelyn together bring years of experience working with both small and large businesses in the hotel, hospitality and tourism space across Victoria and nationally.
Briget O’Callaghan
Principal Lawyer
T 03 5225 5244 | M 0436 456 144
E bocallaghan@ha.legal
Evelyn Zeglinas
Associate
T 03 5225 5245
E ezeglinas@ha.legal
