TICKET & ENTRY CONDITIONS
“You” and “your” means an person we issue a Ticket to for the Experience (including anyone who is substituted at a later date). “We”, “us”, “our” and “Melbourne Skydeck” means Melbourne Eureka Tower Observation Deck Pty Ltd.
TICKETS & PRICES
Prices & Purchases
Tickets can be purchased online or onsite at the Melbourne Skydeck. We reserve the right to decline a request to purchase a Ticket at our discretion. Prices are stated in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you purchasing a Ticket. Payment by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment.
Inclusions
Up to date Ticket Prices and Experience Inclusions are published at www.melbourneskydeck.com.au/ A “General Admission” Ticket grants entry to Melbourne Skydeck (including access to the Melbourne 3D interactive model) and Bar 88. Additional Experiences can be added to General Admission Ticket during the purchasing process.
Validity
Tickets purchased online are valid for entry (subject to capacity from time-to-time) for 6 months following purchase. Tickets purchased in person are valid for the day of purchase only. Event and Promotional Tickets are strictly valid for the date they are booked, or the validity specified on the Ticket. Tickets purchased online must be presented on arrival, either on your smartphone or hard copy. Tickets are non-refundable or transferable. Tickets purchased in the same transaction must be redeemed at the same time.
Children
Children 3 years and under do not require a Ticket. Child Tickets are available for children aged 4-16 years of age. Children under the age of 12 are not permitted entry unless they are accompanied by a responsible adult carer. The Plank is not recommended for children aged under 8, and subject to parental discretion for children aged 8 and over.
Concessions
Concession tickets apply to full-time Student Card at an Australian school or tertiary institution, International Student cards, Australian Pensioner Concession Card, Healthcare Card, Disability Concession, DVA Gold and White Card, Australian Seniors Card, Seniors Business Discount card or Victorian Carer ‘We Care’ card holders. We may require you to produce evidence on your visit to qualify for one of these discounts.
Group Bookings
Pre-booking is required for Group Bookings. Payment must be made on the day of visit prior to entry in one single transaction. Additional Experiences can be purchased on the day of your visit.
Melbourne SKYPASS
Melbourne SKYPASS is valid for 12 months from the date of purchase, it is non-transferable and non- refundable. We reserve the right to cancel a Melbourne SKYPASS with no right of refund if you breach these Conditions in any material respect.
ENTRY & EXPERIENCE
Entry
Pre-purchased Tickets do not grant express entry into the Venue or any Additional Experiences – there may be a wait time to enter the Venue and for any Additional Experiences on the day of your visit.
Health & Fitness
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the Experience. If you have a history of photosensitive epilepsy or if you have a history of epilepsy or seizures, you should consult a doctor before entering any Virtual Reality experiences, such as the Voyager Theatre or The Plank.
Our personnel will be pleased to provide general assistance throughout your Experience. However our personnel are unable to meet the needs of guests requiring regular medical attention and are not able to act as carers. If you require special assistance, you must be accompanied by a person who is able to provide such assistance.
Prohibited Items
You must not bring into the Venue any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones; or (vi) animals (with the exception of guide dogs).
Searches
If we have reasonable cause to believe that you are carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect you and your baggage. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items carried by you which we, acting reasonably, consider dangerous or which pose a risk to the security of property or other persons.
Behaviour
If you act in a manner that threatens the safety of others (including our (or our suppliers’) personnel, other patrons or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require that you leave the Venue. You will not be entitled to any refund and you will be responsible for any additional costs you incur.
Melbourne Skydeck is entirely smoke free in accordance with relevant state government regulations. Guests are not to smoke (including e-cigarettes) within the building.
You may not consume external food or drink inside Melbourne Skydeck.
Dress Code
Neat, casual dress, including footwear, is the minimum standard required at all times.
Medical Assistance
You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.
REFUNDS & UNAVAILABILITY
Tickets are not refundable.
If: (a) in our reasonable opinion we determine that the Experience cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice that you cannot reasonably make use of your Ticket due to Government Restrictions (for example due to border closures), then we will extend the validity of your Ticket for periods of 6 months until such time as the Force Majeure event ends or until you can reasonably make use of it.
Please note that due to weather and maintenance requirements, we cannot guarantee that Additional Experiences will be operating every day. Your recourse in this circumstance is to use your Ticket for the Additional Experience on an alternative day. If required, we will extend the validity of your Ticket to enable this.
Unused values from any vouchers will be forfeited and will not be refunded or attributed to any transactions.
Edge Photos are kept on file for 2 weeks, we may not be able to retrieve images after this period. If you choose not to have your photo taken during the Edge experience no refund will be provided
OUR RESPONSIBILITY
Services supplied by us
To the extent only that we are the principal supplier to you of Services which we directly control, operate or own then we will provide those Services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Services, or due to an event of Force Majeure.
Services supplied by Independent Suppliers
Where an Independent Supplier is the supplier of Services, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those Services to you.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
Recreational Services
If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) or section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law or the Australian Consumer Law (Vic). This exclusion does not apply to significant personal injury caused by our reckless conduct or reckless disregard for the consequences of the act or omission.
General liability limitation
Australian Consumer Law and Australian Consumer Law (Vic) imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to the price of your Ticket.
IMAGE RELEASE
We and our suppliers may take photographs or make recordings of you and your activities that identify you during your Experience. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise prior to entering the Venue.
GENERAL
If you buy a Ticket on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.
The contract between us and you is governed by the laws of the State of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.
If any provision of these Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://www.melbourneskydeck.com.au/privacy-policy/
DEFINITIONS
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Australian Consumer Law (Vic) has the meaning given to that term in section 8 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Additional Experience means any experience that we offer to purchase in addition to the Experience.
Experience means an experience to visit the Venue and to participate in any interactive activities within the Venue as part of the Experience Inclusions.
Experience Inclusions means the “General Admission” inclusions that form part of the Experience.
Event and Promotional Tickets means Tickets which we may issue as part of a promotion or as part of an event whether operated by us or not.
Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions; but excludes for the avoidance of doubt any personal illness or medical condition.
Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.
Group Booking means a booking for a group of at least 20 paying persons.
Independent Suppliers means any suppliers of Services which we do not directly control, operate or own.
Melbourne SKYPASS means 12-month unlimited Admission to Melbourne Skydeck, including Bar 88
Price means the price for your Ticket.
Recreational Services has the meaning, as the case may be, given to that term under section 139A of the Competition and Consumer Act 2010 (Cth) or section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Services means the services included in your Experience.
Ticket means a ticket issued by us granting entry to the Venue for the Experience and any Additional Experience.
The Plank means the virtual realty experience that we may grant access to as part of an Additional Experience.
Venue means Melbourne Skydeck and Bar 88.
Virtual Reality Theatre means the virtual reality facility that we may grant access to as part of an Additional Experience.
EVENTS TERMS & CONDITIONS
Confirmation & Deposit
You may make a tentative booking if the request is made at least 21 days prior to the requested event date. Subject to availability, we will hold a tentative booking for a maximum of 7 days. If you do not pay the required deposit within that period, the tentative booking will lapse. A booking is confirmed (and a contract between us and you comes into effect) once you have completed and signed the electronic contract issued by us and you have paid the required deposit for the particular event. The deposit amount is equal to 50% of the total event quote.
Final Payment
Full payment must be made at least 7 days prior to the date of the event, either by electronic funds transfer or credit card. Melbourne Skydeck only accepts Visa and Mastercard and a surcharge of up to 1.45% applies for credit card transactions. If payment is not made by the event date, or an arrangement for payment after the event is not agreed upon by us and the client, we reserve the right to cancel your event. In this circumstance, no refunds will be payable.
Cancellation by you
Cancellation of the event by you is subject to the following terms and associated cancellation fees:
For 15 days’ or greater notice, the deposit will be refunded in full.
Between 14 days and 7 days’ notice, the deposit will be forfeited.
If less than 7 notice is given, 75% of the total event fee will be retained. If payments received by us at the time of cancellation are less than 75% of the total event fee, then you need to pay the difference.
A change or postponement of an event within the timings above will be considered a cancellation and the above charges will apply.
Cancellation by us
We may cancel your event by giving you notice in writing. If we cancel your event we will provide you with a full refund of all payments received by us. To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur if we cancel your event.
Final Attendance
You must provide us with final numbers at least 7 days prior to the date of your event. If final numbers are not confirmed, an invoice will be issued for the estimated number of guests anticipated at the time of booking.
No refund will be considered if full attendance is not achieved.
We reserve the right not to admit persons above the number of guests confirmed and paid for.
Prices
All prices are current at the time of the quotation and are subject to revision prior to payment of the deposit. Prices are inclusive of GST. Although we will endeavour to serve your selected food and beverages, due to stock availabilities we do not guarantee that your selection will be available. Comparable items will be offered in this instance.
Food Allergies
You must notify us of any guest dietary requirements at least 7 days prior to the date of your event (at the same time as you confirm the final numbers). It is the responsibility of guests to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.
Designated Times and Durations
You agree to begin the event and vacate the designated event space at the contracted times. The event duration can only be extended by the client, or your nominated representatives, in consultation with the management subject to an agreement to incur an additional cost. Beverages and associated additional costs will be charged on a pro rata package increase, based on full guest numbers confirmed for the event, and will be payable onsite at the completion of the event.
Displays & Signage
Unless approved by venue management prior to the event, no signs, displays, labels or decorations are to be displayed, nailed, screwed, taped, stapled or adhered to any surface or part of the venue.
Damage & Cleaning
You are responsible for any damage sustained to the venue and its contents during set up (pack in), throughout and after the event, caused by guests or suppliers engaged by the client. If cleaning is required beyond the normal standard, this extra fee is your responsibility. Confetti, glitter, poppers, streamers or rice are not permitted and is your responsibility to ensure their guests are notified of this.
Responsibility for property
The venue management will take necessary care, but does not accept responsibility for the damage or loss of client, supplier or guest items left on the premises prior to, during, or after the event. The onus to arrange insurance is that of the client.
Prohibited Items & Behaviour
Prohibited Items
Guests must not bring into the venue any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones; or (vi) animals (with the exception of guide dogs).
Searches
If we have reasonable cause to believe that a person in your party is carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect them. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items brought onto the premises which we, acting reasonably, consider dangerous or which pose a risk to the security of property or other persons.
Behaviour
All guests must comply with the reasonable directions of our representatives. If any guest fails to comply with such reasonable directions or acts in a manner that threatens the safety of others (including our (or our suppliers’) personnel, other patrons or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require them leave the venue. You will not be entitled to any refund.
Responsible Service of Alcohol
Our personnel adhere to strict State of Victoria Responsible Service of Alcohol regulations and you and all guests are required to adhere to these regulations. Venue management reserves the right to exclude or eject any objectionable persons from the premises. In addition, the management reserves the right to stop entertainment, gaming or other activity, which in their opinion is illegal, improper, indecent or unsafe and is a likely nuisance.
Force Majeure
If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your event cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your event that you cannot reasonably make use of it due to Government Restrictions (for example due to border closures), then we may:
reschedule your event, but only if you are agreeable to the rescheduled arrangements; or
cancel your event, in which case our contract with you will terminate.
If we cancel your event, neither of us will have any claim for damages against the other. However, we will issue you with a credit Note equal to payments received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of payments received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your event; (b) overhead charges incurred by us relative to the price for your event; and (c) fair compensation for work undertaken by us in relation to the event until the time of cancellation. For the purposes of this provision:
Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel restrictions) but excludes for the avoidance of doubt any personal illness or medical condition.
Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.
Credit Note means a credit note issued by us redeemable within 12 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.
Our limited responsibility
Services supplied by us
To the extent only that we are the principal supplier of services which we directly control, operate or own then we will provide them with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself or your guests, of any other third party not connected with the provision of the services, or due to events beyond our reasonable control.
Services supplied by third party suppliers
Where a third party is the supplier of services (which you have purchased through us) which we do not directly control, operator or own, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable supplier and arranging for them to provide those services for your benefit.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of a third party supplier and not caused by our negligence.
General liability limitation
The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent legislation in Victoria imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These terms and conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these terms and conditions, in tort (including negligence) or at law in relation to the event is limited to the price you paid us for the event.
General
“You” “Your” and “client” means the legal entity that confirms a booking for an event with us. “Us”, “Melbourne Skydeck” “our” and “we” means Melbourne Eureka Tower Observation Deck Pty Ltd.
The contract between us and you is governed by the laws of the State of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.
If any provision of these terms and conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://www.melbourneskydeck.com.au/privacy-policy/
