Wicked Nightlife Terms & Conditions

Terms & Conditions

WICKED NIGHTLIFE TOURS

Booking Terms & Conditions

1. DEFINITIONS AND INTERPRETATIONS

These terms and conditions of booking set out our obligations and your commitments to us when you book a Tour with us.  These together with the information contained on your ticket is the basis of our contract with you.  It is important that you read through the terms and conditions before you book.  It is important to understand these terms and conditions apply for all bookings with us whether you have chosen to read them or not and are applicable to all members of your group.

Government Restrictions means a public directive legally issued by the government of a particular State or Territory in which your Tour is to take place that imposes restrictions on the manner or level at which certain activities relating to your Tour can take place.

Ticket means a document issued by us once you have paid the Ticket Fee, that authorises you to attend the Tour.

Ticket Fee means a fee paid by you to us that is non-refundable and non-transferable, made at the time of booking the Tour with us.

Tour means the date, time and other details of the tour of Venues booked through us in accordance with this agreement or any other agreement between you and us.

Venue means nightclubs, bars and other venues visited as part of the Tour, and includes the owners, managers and staff of such venues.

We, us and our are references to Wicked Nightlife Tours Pty Ltd, and includes references to associated entities and third party suppliers.

You, Your or Party are references to the person/s named on the booking form.

1. GENERAL

1. 1. Wicked Nightlife Tours is a tour and event organiser and does not engage in the sale of alcohol. In booking a Tour with us, you are not purchasing any kind of alcohol or door cover for any of the venues included in the Tour. Individual venues may offer a beverage voucher, however, this is at their discretion and is independent of us.

1. 1. You must abide with all current government requirements. You must abide with the requirements of each venue on the Tour, and any instructions given by our staff while you are on the Tour. A failure to abide by any government, venue or our requirements will mean your immediate expulsion from the Tour – no refund will be offered.

1. 1. To book a Tour with us, you must be over the age of 18. You warrant that you are over 18 years of age and that you have government issued identification that does not falsely represent your age. The only ID valid on the Tour is one of the following:

1. Australian Drivers Licence
2. Australian 18+ card
3. international passport or
4. international drivers licence in English.

We reserve the right to exclude you from the Tour should you not provide acceptable ID or provide false proof of age documents.

1. 1. Venues will require that you show valid ID.

1. 1. The agreement between yourself and us only comes into existence once you make a booking with us and pay the Ticket Fee. These terms and conditions, as well as the terms and conditions on your Ticket constitute the entire agreement between you and us.

1. 1. By paying the Ticket Fee, you confirm the accuracy of all information you have provided and that you accept these terms and conditions on behalf of yourself and any other persons for whom you have purchased a Ticket. As this is an 18+ Tour, every member of the group must be over 18 years of age.

1. 1. You accept that in circumstances where one person purchases tickets for other persons, the purchaser shall has the authority to deal with us on behalf of each group member.

1. 1. You must check all documents (including any Tickets or vouchers) which we provide to you and contact us at once if any information appearing on the booking confirmation or Ticket appears to be inaccurate or incomplete.

1. PAYMENTS TO US

1. 1. Bookings are not confirmed or guaranteed until the full Ticket Fee has been paid. These Terms and Conditions become binding upon payment of the Ticket Fee.

1. 1. Tickets are non-refundable. Tickets may not be re-sold at cost or premium, or used for advertising, promotion or other commercial purposes, without our prior written consent. You acknowledge that we are not required to provide you with a refund under the Australian Consumer Law if you are unable to attend the Tour or simply change your mind.

1. 1. No Ticket will be issued until the Ticket Fee is paid.

1. CHANGES BY US

1. 1. If we have to make a significant change to the Tour at any time we will inform you as soon as possible.

1. 1. We reserve the right at any time to cancel or change the Tour, and to substitute alternative venues or activities, without accepting liability.

1. 1. We reserve the right to cancel any Tour due to force of nature, health concerns or any other reason outside of our control that we, in our absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, pandemic, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of us, including the actions of any Venues. If we cancel or reschedule any Tour due to force of nature, then we will provide you with a credit.

1. 1. If, in the opinion of us, your health or conduct before, during or after departure for the Tour appears likely to endanger the safe, comfortable or happy progress of the Tour, you may be excluded from all or part of the Tour, in which case no refund shall be made to you.

1. 1. If, in the opinion of us, you behave in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate your participation in the Tour. In this situation, you will be required to leave the Tour. We will have no further responsibility towards you, no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

1. 1. If you suffer from illness or disability or are undergoing treatment for any physical or medical condition, you must declare the true nature of such condition at the time of booking, and make arrangements for the provision of any medication or other treatment required during the Tour. Failure to make such disclosure to us at the time of booking will constitute a breach of these Terms and Conditions and result in you being excluded from the Tour without refund.

1. CANCELLATION

1. 1. Ticket Fees in the event of cancellation are non-refundable and non-transferable.

1. 1. If we for any reason are required to cancel a Tour, we will provide you with a credit.

1. GOVERNMENT RESTRICTIONS

1. 1. If your Tour is unable to proceed on the scheduled booking date due to Government Restrictions, then we will provide you with a credit note that must be used within two (2) years.

1. 1. You will not be charged a fee by us if a pre-booked Tour is postponed due to Government Restrictions, HOWEVER, if the Venue charges us extra fees due to an increase in the cost of the services provided, then these costs will be passed on to you and you will be required to pay the extra charges. This is at the discretion of the Venue and is completely out of our control.

1. THE WEATHER

1. 1. There is always the eventuality that you may be unable to take part in weather-dependent activities due to poor weather.  If this occurs, we will make alternative arrangements where possible.

1. LIABILITY

1. 1. Every effort is made to ensure your safety and we take every effort to ensure our Venues and activities adhere to the legislative requirements pertaining to the activity, and have adequate insurance.  Some arrangements include certain elements of risk and we take no responsibility for any loss or injury incurred by you taking part in the Tour.

1. 1. You acknowledge that we do not guide the Tour, and you are required to meet at pre-specified Venues at a particular time. You are responsible for your own safety during your travel from one Venue to another and we take no responsibility for any loss or injury incurred by you in travelling from one Venue to another on the Tour.

1. 1. You agree to observe and obey all rules and warnings provided by us, our employees and/or agents, our Venues and our Venues’ employees and/or agents, and further agree to follow any oral instructions or directions given by us, our employees and/or agents, our Venues and our Venues’ employees and/or agents.

1. 1. You acknowledge that there may be some inherent risk associated with the Tour. You assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for these Terms and Conditions would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide.

1. 1. You agree to accept responsibility for, indemnify us, and pay for, all damage caused to any Venues visited as part of the Tour caused by your neglect, reckless or wilful actions. Full payment for any such damage or loss must be paid at the time direct to the Venue. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions.

1. 1. You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the Tour, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:

1. the risk associated with travel to and from Venues and locations included in the Tour;

1. intoxication and/or alcohol poisoning from the alcohol you consume;

1. the possibility of bodily injury; and

1. being in altercations with others (which is not condoned or tolerated by us).

1. 1. You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of your behaviour and actions on the Tour.

1. 1. You acknowledge that you are solely responsible for any and all property brought on the Tour and we will not be held liable for any damage caused to any property brought by you on the Tour.

1. PRICES

1. 1. Prices shown are correct at the time of going to press and we make every effort to ensure they are accurate.  Please note that the price may change as a result of suppliers of services or other relevant matters pertinent to your Tour which may be out of our control.

1. 1. We reserve the right to change any of the Venues, inclusions or prices described on the website before the Tour.

1. 1. You will be given the current price of your Tour at the time you wish to book before your contract is confirmed.  Where a price is incorrect due to system error, we shall not be bound by such incorrect price.

1. BEHAVIOUR

1. 1. You must adhere to the current laws of the place at which the Tour is held.

1. 1. We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of all Venues have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the Venue.

1. 1. Your Ticket is for the Tour only. Consumption of alcohol is at your own risk and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury or death. Your Ticket does not include the price of alcohol or entry to the Venue. Some Venues may choose to offer vouchers for entry or drinks.

1. 1. We accept no liability for any accident or misadventure that occurs while any person on the Tour is under the influence of alcohol or illicit substances.

1. 1. All persons attending the Tour should be aware of their own physical and mental limitations before attending the Tour. If you have a medical condition or are pregnant we strongly recommend that you do not attend a Tour with us.

1. 1. All Venues have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them.

1. 1. Such cases constitute a breach of these Terms and Conditions and you will not have any entitlement for a refund of any kind whatsoever.  We accept no liability for any accident or misadventure that occurs while any person is under the influence of drinks or drugs.

1. CLOTHING

1. 1. Venues may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times on the Tour.

1. 1. You acknowledge that Venues may refuse you entry into their venue should you not meet their minimum dress standard. We will not be held responsible for any additional costs incurred by you as a result of your failure to meet the minimum dress standard.

1. ITINERARIES

1. 1. Our itineraries our designed for you to achieve maximum enjoyment from your Tour.  The times provided must be adhered to at all times and failure to do so may result in you being unable to participate in the Tour.

1. 1. We will not be held responsible should you fail to follow our advice or adhere to our planned timings.

1. VIDEO FOOTAGE

1. 1. You grant us the right to use any image of you in any live or recorded video, display or any transmission or reproduction of any Tour. All rights to broadcast, record, photograph, repeat, reproduce or recreate the Tour are reserved by us. You agree not to take any action, or cause others to take any action, which would infringe our rights under this clause.

1. 1. You assign to us any intellectual property associated with any image of you in any live or recorded video display or any transmission or reproduction of the Tour.

1. 1. Any images or sound recordings you take during the Tour with your camera, video or audio equipment must only be used for private and domestic purposes, and you agree that you will not sell, license, broadcast, publish or otherwise commercially exploit them and in particular make available any footage, sound recording or series of still pictures taken at the Tour on the internet or to any third parties.

1. VENUES

1. 1. We use and always endeavour to source premium entertainment providers. However, we cannot be held responsible for the actions of the third parties who are independently contracted by us.

1. COMPLAINTS

1. 1. If you have a complaint regarding any aspect of the Tour, you should contact us in writing to let us know of your complaint.

1. 1. If you do not inform us at least within 48 hours of the complaint occurring, we will not be responsible for any issues arising from the complaint.

1. NO AGENT

1. 1. We are an independent company that makes arrangements with Venues and third party suppliers for events and tours. We are not agents or representatives of any Venues used for the Tour, and we accept no liability for any warranties provided by any Venues or other third parties.

1. 1. You acknowledge that we are event planners and independent to that of the Venues used for the Tour.

1. AMENDMENTS TO TERMS

1. We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on our website. Your continued participation in the Tour will represent an agreement by you to be bound by the terms and conditions as amended.

1. ENTIRE AGREEMENT

1. 1. These Terms and Conditions, as well as any terms and conditions noted on your Ticket, constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, arrangements, understandings and agreements with respect to that subject matter.

1. LAW

1. 1. This document is governed by and construed under the laws of Queensland.

1. 1. Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in Queensland.

1. 1. You irrevocably, generally and unconditionally submit to the non-exclusive jurisdiction of any court specified in this provision in relation to both yourself and your property.

1. REMEDIES

1. 1. The rights of a party under this document are cumulative and not exclusive of any rights provided by law.

1. SEVERABILITY

1. 1. Any provision of this document which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.