Table of contents
Terms and Conditions
The following are the terms of trade of Feliz Puente Pty Ltd ABN 79 625 999 877 (“BridgeClimb Sydney”) and all dealings relating to the BridgeClimb Pylon Lookout & Museum (“The Pylon”) will be on these Terms of Trade (“Terms”) unless otherwise agreed in writing by BridgeClimb Sydney. These Terms are also subject to revision and change without notice.
BridgeClimb Sydney is the seller of all events taking place at the BridgeClimb Pylon Lookout & Museum (“The Pylon”), as well as climbs over the Sydney Harbour Bridge (“Climbs”), all gift certificates for Climbs (“Gift Certificates”) and other ancillary items, including but not limited to photographs, videos, merchandise, food and beverages.
1. STANDARD CONDITIONS OF SALE
1.1 The following words have the following meanings in these terms and conditions, unless the context requires otherwise:
(a) ‘Ticket Holder’ means an individual who is issued with and holds a valid Ticket as defined in clause 1.3.
(b) ‘The Pylon’ means BridgeClimb Pylon Lookout & Museum as part of Feliz Puente Pty Ltd ABN 79 625 999 877 trading as BridgeClimb Sydney.
(c) ‘terms and conditions’ means the terms and conditions set out in this document.
(e) ‘You’ and ‘Your’ includes Ticket Holders, customers of the Pylon, visitors and guests of any site or attraction operated by BridgeClimb and persons taken to have agreed to be bound by these terms and conditions.
1.2 A Ticket, subject to these terms and conditions and the type of Ticket purchased as detailed below, entitles the Ticket Holder to access the Pylon. No food, beverage or merchandise is included in the cost of a Ticket and this must be purchased separately.
1.3 Ticket Entitlements
The Pylon will, in its discretion, determine which tickets (‘Tickets’) are available for sale on any particular day and time. The Pylon will also, from time to time and in its discretion, determine which Tickets may be purchased in person at The Pylon or online (subject to the conditions set out in clause 2.15).
Tickets to The Pylon have the following conditions of use, subject to these terms and conditions:
(A) STANDARD EVENT ENTRY TICKET
(i) The Standard Ticket entitles the Ticket Holder to attend the Pylon at the relevant scheduled date and time to which the Standard Ticket applies.
(ii) A Standard Ticket expires at the conclusion of the tour timeslot as displayed on the Standard Ticket and the Pylon Lookout & Museum website.
(iii) The date and time of an event or tour is correct at the time of publication on the Pylon website. The Pylon reserves the right to change or cancel an event or tour without notice.
(iv) If an event or tour is cancelled solely due to a decision by The Pylon, The Pylon will refund the face value of the relevant Ticket or provide the Ticket Holder with the same type of ticket to a future or rescheduled event or tour. Tickets are subject to capacity and entry is at The Pylon’s discretion.
(v) Late arrival may result in non-admittance until a suitable time during an event or tour as determined by The Pylon.
(vi) Cameras, video and audio recorders, mobile phones, electronic games, pagers and any other electronic devices may not be permitted in certain events and tours at the discretion of The Pylon. The Pylon may also request that all mobile phones be turned off before entry into an event.
1.4 Tickets remain the property of The Pylon and may be withdrawn at any time without notice if The Pylon considers it reasonably necessary to do so to protect its legitimate interests.
1.5 Late arrival to a booking made for a specific time for any type of Pass may result in one of the following at the absolute discretion of The Pylon:
(i) non-admittance until there is available capacity;
(ii) the option to exchange the ticket to another day and time; or
(ii) forfeiting of that ticket.
1.6 Passes and Tickets cannot be redeemed for cash, are non-transferable and non-refundable (other than as permitted in clause 1.3 (iv)) except as otherwise agreed in writing by The Pylon (acting in its absolute discretion), subject to any requirement at law to the contrary, including under Schedule 2 of the Competition and Consumer Act 2010 (Cth). Where The Pylon exercises its discretion to provide a refund, (subject to any requirement at law to the contrary, including under Schedule 2 of the Competition and Consumer Act 2010 (Cth)) the refund will be returned to the original payment method used for purchase, excluding any booking or transaction fees, and use the exchange equivalent at point of purchase for foreign currency transactions. In the event that The Pylon exercises its absolute discretion under this clause 1.5, it reserves the right to exercise its absolute discretion under this clause 1.5 in regard to any future dealings.
Subject to any requirement at law to the contrary, including under Schedule 2 of the Competition and Consumer Act 2010 (Cth), Passes and Tickets may be exchanged only when the conditions under clause 2.2 are satisfied and any other exchange is at the absolute discretion of The Pylon.
1.6 By entering the Pylon premises, all Ticket Holders, customers, visitors and guests agree to be bound by these terms and conditions, and The Pylon’s Covid safe plan.
1.7 The Pylon will not be liable for any loss or expense incurred by any Ticket Holder or any customer, visitor or guest in respect of, and The Pylon will not be liable for any refunds in respect of (subject to any requirement at law to the contrary) The Pylon, in its sole discretion, closing or delaying any attraction on a permanent or temporary basis due to inclement weather, power outage, refurbishment, acts of God, safety, emergency, health or other circumstances outside The Pylon’s control.
1.8 Conditions (if any) printed on the Ticket of Confirmation are part of these terms and conditions.
1.9 Persons must be aged between 5 to 12 years inclusive to be eligible for “children” Tickets.
1.10 Concession prices are available only to:
(i) Australian and New Zealand Government Pension card holders;
(iii) Australian and New Zealand Student card holders; and
provided that The Pylon in its discretion is satisfied with the relevant valid card produced to it.
The original valid Pension card must be presented at the time of purchase or on presenting tickets for entry at The Pylon.
1.11 All Ticket prices quoted are in Australian dollars and are inclusive of GST. Any purchase you make will be charged in Australian dollars. You are solely liable for any currency conversion fee, including any fee charged by your credit card provider or bank.
1.12 The Pylon may contact you (including via email), collect and use your personal data and information provided for its business purposes in compliance with the provisions of the Privacy Act 1988 (Cth).
1.13 Additional conditions for online purchases of Tickets
(a) To purchase a Ticket you must complete the online ordering process, including:
(i) selecting the Ticket you wish to purchase;
(ii) nominating a valid email address to receive the receipt of purchase;
(iii) paying the total amount of the sale in the payment method permitted
(b) The contract between you and The Pylon for the purchase of any Ticket only becomes binding when The Pylon emails you with a receipt and e-ticket at the last stage of the booking process which notifies you that The Pylon has processed your order and provides you with a reference number.
(c) If The Pylon sends any Ticket to you by post, The Pylon takes no responsibility for any Passes or Tickets damaged or lost in transit, or late, lost, or misdirected mail and will not replace or refund value for lost, stolen or damaged Passes or Tickets.
(d) The Pylon is not obliged to accept your order and may reject or cancel your order if:
(i) the Ticket is unavailable;
(ii) full payment is not received;
(iii) there is an error in your order;
(iv) we believe, or reasonably suspect that your order is fraudulent; or
(v) we believe, or reasonably suspect that you will use the Ticket for a fraudulent or unlawful purpose.
(e) If you purchase a Ticket online, you must present the e-ticket or other proof of purchase required by The Pylon at the ticket desk on arrival. You may also be required to produce the payment card used to make the purchase and photographic identification matching that payment card.
(f) Tickets offered for sale online will be valid for redemption for a particular period of time or in some cases will only be valid for a specific date and time, as determined by The Pylon. That period of time or specific date and time will be noted on the receipt. After that time the Ticket (as the case may be) is no longer valid and entry is at The Pylon’s discretion.
(g) Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
(i) The Pylon gives no warranties, and you have no other rights, apart from those, if any, expressly set out in these terms and conditions: and
(ii) all implied conditions, warranties and rights are excluded.
(h) Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies, and cannot be excluded, The Pylon limits its liability for breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee:
(i) subject to the qualifications in section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other law, to any one or more of the following (as The Pylon may determine):
(A) the replacement of the goods or the supply of equivalent goods:
(B) the repair of the goods;
(C) the payment of the costs of replacing the goods or of acquiring equivalent goods;
(D) the payment of the costs of having the goods repaired;
(E) the supplying of the services again; or
(F) the payment of the cost of having the services supplied again; and
(ii) otherwise, to the extent permitted by law.
(iii) Subject to clauses 1.12 and despite any implication arising from any other provisions of these terms and conditions, The Pylon is not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any:
(iv) indirect or consequential loss or damage; or
(v) loss of profits, sales, turnover, reputation (or damage to it), production, anticipated savings, goodwill, business opportunities, customers, software or data, or loss of use of any software or data, or loss under, or in relation to, any other contract; in each case, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these terms and conditions.
2. STANDARD CONDITIONS OF ENTRY
2.1 The following conditions in this clause 3 apply to all persons who visit The Pylon premises whether they have purchased a Ticket or not.
2.1A. In the current environment, The Pylon has taken and continues to take enhanced health and safety measures — for each of its customers, guests and Pylon personnel. While visiting The Pylon, each customer and guest must follow all posted instructions, including in relation to social distancing requirements.
An inherent risk of exposure to COVID-19 exists in any public space where people are present. We understand that COVID-19 is an extremely contagious disease that can lead to severe illness, and in some instances, death. We understand that senior citizens and guests with underlying medical conditions are especially vulnerable to contracting COVID-19.
By attending The Pylon and to the maximum extent permitted by law, each customer and guest assumes all health and other risks associated with exposure (or potential exposure) to COVID-19 and releases and indemnifies The Pylon in respect to any associated claim.
2.2 The Pylon may refuse entry to its premises to any person if in The Pylon’s discretion that person may adversely affect the health, safety or security of The Pylon’s employees, the person, or other people at The Pylon. At The Pylon’s discretion, the person will be reimbursed for the cost of the Ticket or issued with a credit voucher for the Ticket if the person is refused entry to its premises for any reason other than as contemplated under clause 2.7.
2.3 Ticketholders consent to being photographed, filmed and recorded. Ticketholders acknowledge that in order to enhance security, surveillance equipment (including security cameras) may be used at The Pylon. Ticketholders also consent to the use of any such film, image or recording at the discretion of The Pylon or law enforcement agencies without compensation or further notice.
2.4 Access to the Pylon premises is at your own risk and if you sustain any personal injury, loss or damage to property, you hereby agree that The Pylon is not liable to you and has no responsibility to you for any such personal injury, loss or damage to property. You are responsible for your own safety and the safety of any children at all times through responsible behaviour.
2.5 The Pylon reserves the right to refuse access to The Pylon and adjacent facilities by any person. All children under the age of 12 years must be accompanied by an adult who shall be solely responsible for their care and conduct whilst on The Pylon’s premises.
2.6 Alcohol and glassware not purchased at The Pylon is not permitted to be brought onto The Pylon premises.
2.7 You may be removed from The Pylon premises for inappropriate behaviour. You may be refused entry or removed from The Pylon if you are under the influence of drugs or alcohol.
2.8 All persons must abide by any other conditions communicated by The Pylon staff or displayed at The Pylon premises.
2.9 In these terms and conditions a reference to includes or including means including without limitation.
2.10 These terms and conditions are governed by the laws of New South Wales.
Where a Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify The Pylon for any loss, damage or expense incurred by The Pylon as a result of any misrepresentation, breach of contract by or negligence of the Reseller.
4. CHANGES TO TERMS AND CONDITIONS
All Terms and Conditions stated are subject to change without notice.
5. GOVERNING LAW
This Agreement is governed by the laws of New South Wales, Australia. The Pylon and each ticket holder submit to the non-exclusive jurisdiction of the Courts of New South Wales and the Commonwealth of Australia in respect of this Agreement and any dispute between them.
Feliz Puente Pty Ltd ABN 79 625 999 877 trading as BridgeClimb® Sydney
BridgeClimb® is the Registered Trade Mark of Transport for NSW