Terms of Service

1.0 General

1.1

These Terms and Conditions of booking set out the obligations of DOWN UNDER PARTY TOURS PTY LTD to you and your commitments to DOWN UNDER PARTY TOURS PTY LTD when you book a Down Under Party Tour. These obligations, combined with the information contained on your Ticket, are the basis of our contract with you. It is important that you read through the Terms and Conditions before you book a Down Under Party Tour. It is important to understand that these Terms and Conditions apply for all Down Under Party Tours booked with DOWN UNDER PARTY TOURS PTY LTD whether you have chosen to read them or not, and they are applicable to all the persons attending the Down Under Party Tour.

2.0 Definition and Interpretation

“Arrangements” means the date, time and other details of the Down Under Party Tour booked through DOWN UNDER PARTY TOURS PTY LTD in accordance with this agreement or any other agreement between you and DOWN UNDER PARTY TOURS PTY LTD.

"Associated Entities" means DOWN UNDER PARTY TOURS PTY LTD (ACN 605 274 084) and any other entity associated now or in the future with DOWN UNDER PARTY TOURS PTY LTD.

"Booking" means the Arrangement you made with DOWN UNDER PARTY TOURS PTY LTD for the Down Under Party Tour as detailed within your Ticket.

"Booking Agent" means our consultant/contractor or employee with whom you make the Arrangements with for the Down Under Party Tour.

                        "Down Under Party Tour" means a tour of Third Party Supplier's nightclubs in Surfers Paradise and surrounding suburbs.
                    

"Incentive Benefit" means free of charge benefits that Third Party Suppliers may provide to you for being on the Down Under Party Tour.

“Organiser” means the person who makes a Booking on behalf of the entity named on the Ticket and who will be our point of contact (and any substitute for this person).

Ticket" means confirmation of your Booking with DOWN UNDER PARTY TOURS PTY LTD containing the Arrangements for the Down Under Party Tour.

"Ticket Price" means the amount charged for the Down Under Party Tour as advised to you by our Booking Agent at the time of Booking.

“Third Party Supplier” means the owners and managers of the nightclubs visited as part of the Down Under Party Tour.

“We” “us” and “our” means DOWN UNDER PARTY TOURS PTY LTD as trustee (ACN 605 274 084) and its Associated Entities. It also includes reference to our employees, agents, affiliates and related third parties.

“In writing” means by facsimile, email and/or letter.

You” “Your” or “Party” means the entity named on the booking form.

3.0 Booking Conditions

3.1

You must be over the age of 18 to make a Booking with DOWN UNDER PARTY TOURS PTY LTD for a Down Under Party Tour. You warrant that you are over 18 years of age and have sufficient government issued identification which does not falsely represent your age. The only ID valid on the Down Under Party Tour are current: Australian Drivers License, Australian over 18+ card, international passport or international drivers license in complete English. DOWN UNDER PARTY TOURS PTY LTD reserve the right to exclude you from the Down Under Party Tour should you provide false proof of age documents.

3.2

To book a Down Under Party Tour or an event with DOWN UNDER PARTY TOURS PTY LTD you must making a Booking with DOWN UNDER PARTY TOURS PTY LTD and pay the Ticket Price. By paying the Ticket Price, you confirm the accuracy of all information you have provided to the Booking Agent (including that you are over the Age of 18) and you accept these Terms and Conditions on behalf of yourself and any other members of your group particularised on the Ticket.

3.3

The Terms and Conditions constitute the entire Agreement between you and DOWN UNDER PARTY TOURS PTY LTD. It must be understood that if you make a Booking via telephone or internet, you accept our booking Terms and Conditions.

3.4

If making a Booking for a group, you must appoint an Organiser. You accept that the Organiser has the authority to deal with DOWN UNDER PARTY TOURS PTY LTD on your behalf.

3.5

If for any reason there is a change in the Organiser, you should notify DOWN UNDER PARTY TOURS PTY LTD In writing immediately.

3.6

You must check all documents (including any tickets or vouchers) that we send to you and contact DOWN UNDER PARTY TOURS PTY LTD at once if any information on the Ticket or any other document appears to be inaccurate, incorrect or incomplete.

4.0 No Agent

4.1

DOWN UNDER PARTY TOURS PTY LTD are an independent company that makes Arrangements with the Third Party Suppliers. We are not agents or representatives of any Third Party Suppliers used for the Arrangements and DOWN UNDER PARTY TOURS PTY LTD accept no liability for any warranties provided by any Third Party Suppliers or other third parties.

4.2

You acknowledge that DOWN UNDER PARTY TOURS PTY LTD are event planners only and are independent to that of the Third Party Suppliers used for the Arrangements.

4.3

By making the Booking you acknowledge that you are purchasing a Down Under Party Tour only and are not purchasing entry into the Third Party Supplier venues, alcoholic beverages or any other Incentive Benefit offered by the Third Party Suppliers.

4.4

Some Third Party Suppliers may provide Incentive Benefits to you. The Incentive Benefits are independent to that of the Down Under Party Tour and are provided at the sole discretion of the Third Party Suppliers. The Third Party Suppliers reserve the rights to amend or cancel any Incentive Benefits offered. You acknowledge that the Incentive Benefits were not part of the Ticket Price or Booking.

5.0 Amendments to Terms

5.1

DOWN UNDER PARTY TOURS PTY LTD 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.

6.0 Payments to Us

6.1

Bookings are not confirmed or guaranteed until the Ticket Price has been paid and the Ticket has been issued to you.

6.2

The Organiser 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.

6.3

Tickets are non-refundable if you simply change your mind. 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 DOWN UNDER PARTY TOURS PTY LTD are not required to provide you with a refund under the Australian Consumer Law if you are unable to attend the Down Under Party Tour or simply changed your mind.

6.4

No Ticket will be issued until the Ticket Price has been paid.

6.5

If you or any member of your group changes their mind, decide not to attend/are unable to attend or are required to depart early from the Arrangements, no refund will be provided.

7.0 Changes By You

7.1

All changes must be requested In writing by you or the Organiser. DOWN UNDER PARTY TOURS PTY LTD will make every effort to accommodate your changes but we may not always be able to do so.

7.2

Adding additional group members after the Ticket has been issued is subject to availability. However, we will make every effort to accommodate your request.

7.3

In order to change a Booking, you acknowledge that you may incur a $25.00 AUD charge. The change that you require cannot be guaranteed and is subject to availability.

8.0 Changes By Us

8.1

If DOWN UNDER PARTY TOURS PTY LTD have to make a significant change to your Arrangements at any time we will inform you as soon as possible.

8.2

DOWN UNDER PARTY TOURS PTY LTD reserve the right at any time to cancel or change any Arrangements made, and to substitute alternative Arrangements, without accepting liability.

8.3

If you are unsatisfied with the alternative Arrangements referred to in clause 8.2 (above) you must advise DOWN UNDER PARTY TOURS PTY LTD In Writing within seven (7) days of being notified of the alternate Arrangements. If the parties are unable agree upon the alternate Arrangements, then a full refund will be provided.

8.4

DOWN UNDER PARTY TOURS PTY LTD 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, 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 DOWN UNDER PARTY TOURS PTY LTD.

9.0 Liability

9.1

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

9.2

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 DOWN UNDER PARTY TOURS PTY LTD provide.

9.3

You agree to pay for all damages caused to any Third Party Supplier facilities visited as part of the Arrangements caused by your neglect, reckless or wilful actions.

9.4

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:

the risk associated with travel to and from venues and locations included in the Arrangements;
intoxication and/or alcohol poisoning from the alcohol you consume;
the possibility of bodily injury; and
being in altercations with others (which is not condoned or tolerated by us).

9.5

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.

9.6

You acknowledge that you are solely responsible for any and all property brought on the Down Under Party Tour and DOWN UNDER PARTY TOURS PTY LTD will not be held liable for any damage caused to any property brought by you on the Down Under Party Tour.

10.0 Behaviour

10.1

You must adhere to the current laws of the Queensland Liquor Act 1992.

10.2

DOWN UNDER PARTY TOURS PTY LTD 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.

10.3

The Booking is for a Down Under Party Tour only and does not include the sale of Alcohol. Consumption of Alcohol is at your own risk and DOWN UNDER PARTY TOURS PTY LTD 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.

10.4

DOWN UNDER PARTY TOURS PTY LTD do not condone the use of illicit substances prior to or during any Arrangement hosted by us. We reserve the right to request a Third Party Supplier to exclude you or any member of your group if it is believed that:

You or a member of your group are displaying socially offensive behaviour;
You or a member of your group are socially offensive and defaming the good reputation of us or any Third Party member; and/or
You or a member of your group are a threat to another person's safety due to being under the influence of any illicit substances.

10.5

Despite our Third Party 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 Third Party Suppliers have every right to terminate your stay without notice under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases, all insurances will be invalidated and you will not have any entitlement for a refund under the Australian Consumer Law.

10.6

DOWN UNDER PARTY TOURS PTY LTD accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.

10.7

All parties attending the Down Under Party Tour should be aware of their own physical and mental limitations before attending the Down Under Party Tour. If you have a medical condition or are pregnant we strongly recommend that you do not make a Booking with DOWN UNDER PARTY TOURS PTY LTD. Should you be pregnant or have another medical condition that may be affected by attending the Down Under Party Tour, you must advise us prior to making a Booking.

11.0 Clothing - including tattoos, minimum dress standard

11.1

Third Party Suppliers may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times on the Down Under Party Tour. Appropriate clothing includes no singlets; no vests; no shorts; no large visible tattoos and enclosed shoes.

11.2

You acknowledge that Third Party Suppliers may refuse you entry into their venue should you not meet their minimum dress standard. DOWN UNDER PARTY TOURS PTY LTD will not be held responsible for any additional costs incurred by you as a result of your failure to meet the minimum dress standard.

12.0 Video Footage

12.1

You grant DOWN UNDER PARTY TOURS PTY LTD the right to use any image of you in any live or recorded video, display or any transmission or reproduction of the tour. All rights to broadcast, record, photograph, repeat, reproduce, or recreate the tour is reserved by DOWN UNDER PARTY TOURS PTY LTD. You agree not to take any action, or cause others to take any action, which would infringe on our rights under this clause.

12.2

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 Down Under Party Tour.

12.3

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 only 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 event on the internet or to any third parties.

13.0 Complaints

13.1

If you have a complaint regarding any aspect of the Arrangements provided by us, you must communicate your complaint to the Third Party Supplier of the service concerned at the earliest opportunity. You should also contact us to let us know of your complaint. If you do not inform DOWN UNDER PARTY TOURS PTY LTD and the Third Party Supplier of the service as soon as possible, at least within 48 hours of the complaint occurring, DOWN UNDER PARTY TOURS PTY LTD will not be responsible for the complaint. If the complaint has not been dealt with to your satisfaction before your return home, then you must make a complaint to us in writing no less than seven (7) days after your return from the tour/event. You will receive a reply within 28 days of us receiving your complaint in writing. If you do not comply with the complaints procedure, DOWN UNDER PARTY TOURS PTY LTD will not be held responsible for your complaint.

14.0 Entire Agreement

14.1

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.

15.0 Law

15.1

This document is governed by and construed under the law in the State of Queensland.

15.2

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

15.3

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.

16.0 Remedies

16.1

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

17.0 Severability

17.1

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.