Terms of Service

1. Introduction and Acceptance

Hummingbird Busselton (“we”, “us”, “our”) provides dine‑in and takeaway services at our venue in Busselton, Western Australia. By making a reservation, dining with us, ordering takeaway, attending an event at our venue, or using our website, you agree to these Terms. These Terms operate alongside our Privacy Policy.

Business details:
Hummingbird Busselton
60-66 Queen Street, Busselton Western Australia 6280
Phone: (08) 6715 0902
Email: [email protected]

2. Service Hours and Menu Availability

We serve breakfast, lunch, and dinner, with service hours published on our website and venue signage. Kitchen close times may vary. Menus, prices, and availability are subject to change without notice and may differ on public holidays or during special events.

3. Reservations, Walk‑ins, and Seating

We welcome reservations and walk‑ins. Reservations are held for 15 minutes from the agreed time. After 15 minutes, the table may be released and seating is not guaranteed. If you are running late, please call us before the hold time expires and we will do our best to extend the hold, subject to availability. Seating preferences and specific table requests are not guaranteed, but we will accommodate where we can.

We do not charge for reservations and no deposits are required for standard bookings.

Public holiday bookings may be limited or unavailable; please contact us to confirm availability.

4. Cancellations and No‑Shows

If your plans change, please let us know as early as possible so we can offer the table to other guests. Frequent no‑shows or late cancellations may affect our ability to accept future bookings from the same contact.

5. Pricing, Payments, and Surcharges

All prices are in Australian dollars and include GST unless stated otherwise. We accept common payment methods available at the counter. A surcharge applies on public holidays and is clearly indicated at the counter. Card surcharges may apply at cost where stated. Split bills are offered at our discretion and may not be available during peak periods.

6. Allergens and Dietary Requests

Please advise our team of any allergies or dietary requirements before ordering. While we take reasonable care, our kitchen handles common allergens and we cannot guarantee an allergen‑free environment. Cross‑contact may occur.

7. Responsible Service of Alcohol (RSA) and Liquor Licence

We are licensed to serve alcohol, including tap and bottled beverages, under our Western Australian liquor licence. We practise Responsible Service of Alcohol in line with WA law. We may request acceptable photo ID, refuse service or entry to any person who is intoxicated, disorderly, underage, or unable to produce valid ID upon request. Minors must be accompanied and supervised by a responsible adult and may be restricted from certain areas or hours under licence conditions.

BYO alcohol is not permitted. Takeaway alcohol is not permitted.

Please enjoy alcohol responsibly and arrange safe transport if consuming alcohol.

8. House Rules: Conduct, Pets, Smoking/Vaping

We aim to provide a safe, enjoyable environment. We may refuse service or ask guests to leave for unruly, disruptive, or unsafe behaviour. Smoking and vaping are only permitted in designated outdoor areas consistent with WA law and venue signage. Pets are welcome in designated outdoor areas where permitted by local regulations; assistance animals are always welcome.

9. Families and Children

Families are welcome. High chairs are available subject to availability. For safety, prams and strollers must not obstruct aisles or exits. Children must be supervised at all times.

10. Takeaway and Delivery

Takeaway availability may vary by time and volume. Estimated preparation times are indicative only. If we offer delivery or use third‑party platforms, their terms and fees may apply in addition to ours. Alcohol cannot be supplied via delivery unless permitted by law and licence conditions, and valid ID must be shown at delivery.

11. Events, Groups, and Private Hire

For group bookings and private events, set menus, minimum spends, or specific terms may apply by prior agreement. Decorations must not damage walls, fixtures, or furnishings. You are responsible for any damage caused by you or your guests.

12. Gift Cards, Promotions, and Loyalty

If we issue gift cards or vouchers, they are not redeemable for cash, are non‑refundable except as required by law, and are valid for at least three years unless an exemption applies. Promotional offers are subject to specific terms and may be withdrawn at any time.

13. Venue Photography and Marketing

We may occasionally take photos or video of the venue for marketing. Please let us know if you prefer not to be included and we will do our best to accommodate. If you share content with us or tag us, you grant us a non‑exclusive licence to repost for promotional purposes, unless you tell us otherwise.

14. Lost Property

We will hold found items for a reasonable period. We are not responsible for loss, theft, or damage to personal belongings on the premises.

15. Website Use and Content

Our website content is for general information. While we aim for accuracy, menus, pricing, and availability may change without notice. Site content is owned by us or our licensors and may not be copied or used without permission. Links to third‑party sites are provided for convenience; we are not responsible for their content or policies.

16. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which explains how we collect and use information for reservations, enquiries, and analytics. Please see our Privacy Policy for details.

17. Liability and Australian Consumer Law

To the maximum extent permitted by law, we exclude liability for indirect or consequential loss. Nothing in these Terms excludes, restricts, or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded. If we are liable for a breach of a non‑excludable guarantee, our liability is limited to the supply of the services again or the payment of the cost of having the services supplied again.

18. Force Majeure

We are not responsible for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to public health orders, extreme weather, utility outages, or supplier failures.

19. Complaints and Feedback

We value your feedback. Please raise any concerns with our team during your visit or contact us afterward via the details above. We aim to respond promptly and resolve issues in good faith.

20. Governing Law

These Terms are governed by the laws of Western Australia. You agree to the exclusive jurisdiction of the courts of Western Australia.

21. Changes to These Terms

We may update these Terms from time to time. The latest version will be published on our website with the updated date.

Last updated: August 2025