These terms and conditions of booking set out our obligations and your commitments to us when you book arrangements with us. These together with the information contained in the booking confirmation 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.
Arrangements means the date, time and other details of the Guided Tour, as applicable, booked through us in accordance with this agreement or any other agreement between you and us.
Associated Entities means Wicked Hens Pty Ltd, Wicked Bucks Pty Ltd, Team Trips Pty Ltd, and any other entity associated now or in the future with Wicked Event Management Pty Ltd.
Border Closures means the complete or partial closure of the border of the State or Territory in which your booking is to take place, at the time your booking is to take place, so as to restrain or restrict the entry into that State or Territory by persons from another State or Territory.
Guided Tour means a tour of Third Party Suppliers’ nightclubs in Surfers Paradise and surrounding suburbs.
In writing means by facsimile, email or letter.
Organiser or Group Leader means the person who makes the booking on behalf of the entity named on the Booking Confirmation and who will be our point of contact (and any substitute for this person).
Third Party Supplier and Supplier means the owners and managers of services, facilities or activities undertaken as part of the arrangements, including of nightclubs visited as part of the Guided Tour, and includes the owners and managers of any transportation arranged as part of the arrangements.
Ticket Fee means a fee paid by you to us that is non-refundable and non-transferable, made at the time of booking your arrangements with us.
We, us and our are references to the Gold Coast Ticket Promotions trading as Wicked Nightlife Tours, and includes references to associated entities and third party suppliers.
You, Your or Party are references to the entity named on the booking form.
2.1 Wicked Nightlife Tours is a tour and event organiser and does not engage in the sale of alcohol. In booking a Guided Tour with us, you are not purchasing any kind of alcohol or door cover for any of the venues included in the Guided Tour. Individual venues may offer a beverage voucher, however, this is at their discretion and is independent of Wicked Nightlife Tours.
2.2 You must abide with current government COVID safe requirements. You must abide with COVID safe requirements of each venue on the guided tour. You must abide with the COVID safe requirements of Wicked Nightlife Tours, and comply with any instructions provided whilst on the Guided Tour. A failure to abide by any COVID safe requirements will mean your immediate expulsion from the Guided Tour. You will not be offered a refund if this occurs.
2.3 To book a tour or an event with us, you must be over the age of 18. You warrant that you are over 18 years of age and that you have sufficient government issued identification that does not falsely represent your age. The only ID valid on the Guided Tour is one of the following: Australian Drivers Licence, Australian 18+ card, international passport or international drivers licence in English. We reserve the right to exclude you from the Guided Tour should you provide false proof of age documents
2.4 The agreement between yourself and us only comes into existence once you make a booking with us and pay the Ticket Fee. The terms and conditions constitute the entire agreement between you and us. 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 members of your group particularised on the Ticket. Unless you advise us to the contrary, we will assume that every member of your group is over 18 years of age. You accept that the organiser or group leader has the authority to deal with us on your behalf. If for any reason there is a change in the organiser or group leader you should notify us in writing immediately.
2.5 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 any other document appears to be inaccurate or incomplete.
3PAYMENTS TO US
3.1 The organiser or group leader is responsible for a reservation and for ensuring that all monies due for a booking are collected and paid for on time by all members of the group and that everyone within the group is aware of the terms and conditions. Bookings are not confirmed or guaranteed until the full Ticket Fee has been paid.
3.2 The organiser or group leader is responsible for ensuring that everyone within the group is aware of the Terms and Conditions and that they are provided with a copy of the terms and conditions.
3.3 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 Guided Tour or simply changed your mind.
3.4 No ticket will be issued until the Ticket Fee is paid.
4CHANGES BY YOU
4.1 All changes must be requested in writing by the organiser or group leader. We will make every effort to accommodate your changes but may not always be able to do so. If you make any changes directly with the supplier and this incurs additional charges to us, then you agree to pay our costs.
4.2 Any change in relation to a departure date, activity or destination will incur an additional charge, and is subject to availability.
5CHANGES BY US
5.1 If we have to make a significant change to your arrangements at any time we will inform you as soon as possible.
5.2 We reserve the right at any time to cancel or change any arrangements made, and to substitute alternative arrangements, without accepting liability.
5.3 If you are unsatisfied with the alternative arrangements referred to in clause 5.2 (above) you must advise us in writing within seven (7) days of being notified of the alternate arrangements. If you fail to notify us, no refund will be provided and any deposit paid will be deemed abandoned. If the parties are unable to agree upon the alternative arrangements, then a full refund will be provided.
5.4 We reserve the right to cancel any arrangement, itinerary or tour (before the commencement date of the arrangement), 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 third party suppliers. If we cancel or reschedule any arrangement, itinerary or tour due to force of nature, then a credit will be applied to your arrangements.
5.5 If, in the opinion of us, your health or conduct before or after departure for the arrangements appears likely to endanger the safe, comfortable or happy progress of the arrangements, you may be excluded from all or part of the arrangements, in which case no refund shall be made to you. You must abide with current State and Federal requirements regarding COVID-19 and public health. Should you fail to do so, you will be excluded from the arrangements and requested to leave. If you feel unwell, you must not depart for the arrangements and you must arrange to be tested and self-isolate until you receive your results.
5.6 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 the arrangements in so far as they relate to you. In this situation, you will be required to leave the arrangements. 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.
5.7 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 arrangements. 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 arrangements without refund.
6.1 Cancellation of the booking can only be accepted if made in writing by the organiser or group leader and will only be considered cancelled when written notice is received. Ticket Fees in the event of cancellation are non-refundable and non-transferable.
6.2 If any of your group members decide not to attend/are unable to attend or required to depart early from the arrangements that they have paid for no refund will be made.
7 COVID-19 POLICY
7.1 If your arrangements are unable to proceed on the scheduled booking date due to Government Restrictions or Border Restrictions, then we will provide you with a credit note that must be used within two (2) years.
7.2 You will not be charged a fee by us if your arrangements are postponed due to Government Restrictions or Border Closures, HOWEVER, if the Third Party Supplier 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 Third Party Supplier and is completely out of our control.
7.3 If you wish to cancel your arrangements due to Government Restrictions or Border Closures then our terms and conditions regarding cancellation will apply.
7.4 In the event that only a portion of your group is able to attend the arrangements due to Government Restrictions or Border Closures, then the group must elect whether to proceed with the arrangements, postpone the arrangements or obtain a credit note. In the event that the group proceeds with the arrangements, then:
(a) no refund will be provided for the members of the group at are unable to attend; and
(b) any changes made to the Booking will be subject to our terms and conditions regarding changes made by you.
8 THE WEATHER
8.1 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.
9.1 Every effort is made to ensure your safety and we take every effort to ensure our supplier’s sites 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 such arrangements.
9.2 You agree to observe and obey all rules and warnings provided by us, our employees and/or agents, our suppliers and our suppliers’ employees and/or agents, and further agree to follow any oral instructions or directions given by us, our employees and/or agents, our suppliers and our suppliers’ employees and/or agents.
9.3 You acknowledge that there may be some inherent risk associated with the arrangements. 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 this document 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.
9.4 You agree to accept responsibility for, indemnify us, and pay for, all damage caused to any third party supplier facilities visited as part of the arrangements 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 third party supplier. 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.
9.5 You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the arrangements, 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:
(a) the risk associated with travel to and from venues and locations included in the arrangements;
(b) intoxication and/or alcohol poisoning from the alcohol you consume;
(c) the possibility of bodily injury; and
(d) being in altercations with others (which is not condoned or tolerated by us).
9.6 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.
9.7 You acknowledge that you are solely responsible for any and all property brought on the arrangements and we will not be held liable for any damage caused to any property brought by you on the arrangements.
10.1 The prices of the arrangement(s) are detailed in your booking confirmation. 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 arrangements which may be out of our control. We will advise you in writing of any increase in charges payable which must be paid in full prior to the arrangement commencement date.
10.2 We reserve the right to change any of the event/facilities or prices described on the website before the arrangement between you and us is concluded.
10.3 Prior to booking, prices given on quotes, website packages, event coordinator emails and those made verbally are subject to availability and subject to change at any time. We make every attempt to ensure that all prices given are accurate at the time of enquiry. You will be given the current price of your arrangements 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.
11.1 You must adhere to the current laws of the place for which the arrangements are made.
11.2 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 third party suppliers 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 third party suppliers.
11.3 The booking is for the arrangements 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.
11.4 We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
11.5 All parties attending the arrangements should be aware of their own physical and mental limitations before attending the arrangements. If you have a medical condition or are pregnant we strongly recommend that you do not make a booking with us. Should you be pregnant or have another medical condition that may be affected by attending the arrangements, you must advise us prior to making a booking.
11. 6 Despite our suppliers being aware of the nature and likely intent of same sex groups, you are expected to respect your environment and other people around you. All suppliers and hotels have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them.
11.7 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 of your group is under the influence of drinks or drugs. Please also be aware that some hotels may require a behaviour ‘bond’ to be placed on hold with a credit card or cash, upon check in. We will do our utmost to give you prior notice where this might happen, but in some extreme cases this may not be possible. Please check with us when paying your final balance.
12.1 Third party suppliers may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times on the arrangements.
12.2 You acknowledge that third party suppliers 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.
13 AGE RESTRICTIONS AND LIMITS
13.1 Unless you advise us to the contrary, we will assume that every member of your group is over 18 years of age.
13.2 If age restrictions are not checked prior to booking and you encounter problems during your arrangements, we shall not be responsible for any inability of any members of the group to participate in the arrangements.
14.1 Our itineraries our designed for you to achieve maximum enjoyment from your arrangements. The times provided must be adhered to at all times and failure to do so may result in your group being unable to participate in arrangements.
14.2 We will not be held responsible should you fail to follow our advice or adhere to our planned timings. Please note on occasions certain activities such as some suppliers will not confirm the venue or timing of activities until around 1 week prior to the arrangements taking place. As a result your itinerary may be sent without the location and will be amended nearer to the date of the arrangements taking place.
15 VIDEO FOOTAGE
15.1 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 booking. All rights to broadcast, record, photograph, repeat, reproduce or recreate the booking 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.
15.2 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 booking.
15.3 Any images or sound recordings you take during the booking 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 arrangement on the internet or to any third parties.
16 THIRD PARTY SUPPLIERS
16.1 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.
17.1 If you have a complaint regarding any aspect of the arrangements, you must communicate your complaint to the supplier of the service concerned at the earliest opportunity and also contact us to let us know of your complaint.
17.2 If you do not inform the supplier of the service as well as us as soon as possible, at least within 48 hours of the complaint occurring, we will not be responsible for any issues arising from the complaint.
17.3 If the complaint has not been dealt with to your satisfaction before the conclusion of the arrangements, then you must make a complaint to us in writing no less than 7 days after your return from the arrangements. You will receive a reply within 28 days of us receiving your complaint in writing. If you do not comply with the complaints procedure, we will not be responsible for any issues arising from your complaint.
18 NO AGENT
18.1 We are an independent company that makes arrangements with third party suppliers for events and tours. We are not agents or representatives of any third party suppliers used for the arrangements, and we accept no liability for any warranties provided by any third party suppliers or other third parties.
18.2 You acknowledge that we are event planners and independent to that of the third party suppliers used for the arrangements.
19 AMENDMENTS TO TERMS
19.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our website and to you in writing. Your continuation with the booking will represent an agreement by you to be bound by the terms and conditions as amended.
20 ENTIRE AGREEMENT
21 These terms and conditions 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.
22.1 This document is governed by and construed under the laws of Queensland.
22.2 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.
22.3 Each party by execution of this document irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
23.1 The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
24.1 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.