Terms of Trade
The following are the terms of trade (‘Terms’) of Ottto Holdings (Aust.) Pty Ltd ABN 56 079 564 346 trading as BridgeClimb Sydney (‘BridgeClimb’).
BridgeClimb is the seller of all climbs on the Sydney Harbour Bridge (‘Climbs’), all gift certificates for Climbs (‘Gift Certificates’) and other ancillary items including but not limited to videos, photographs, merchandise, food and beverages. By making a reservation with BridgeClimb you acknowledge that you have read and agree to be bound by these Terms.
1. Climbs
BridgeClimb reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times (‘Arrangements’) for a Climb or a Gift Certificate, without notice. However, reasonable effort will be made to maintain Arrangements as advertised.
2. Check-in for the Climb
All participants (‘Climbers’) in a Climb of the Sydney Harbour Bridge (‘Bridge’) are required to arrive and check in at BridgeClimb premises at least 15 minutes before the departure time printed on their Climb ticket, voucher or confirmation letter (‘Proof of Purchase’). If Climber tries to check in later than this time BridgeClimb may at its discretion refuse participation, without refund.
3. Requirements to participate
3.1 Climbers must hold a valid Proof of Purchase. Entry may be refused if the Proof of Purchase is damaged or defaced in any way, or was not purchased from an authorised point of sale. Should a dispute arise over the validity of a Proof of Purchase, BridgeClimb reserves the right to refuse participation in a Climb, unless Climber is able to show proof of their identity.
3.2 Climbers must be 10 years of age and over, be of sound mind and be in good health. Climbers may be required to undergo a test to assess whether they are capable of completing a Climb. Every three Climbers between the ages of 10 and 15 inclusive, climbing together, must be accompanied by one paying adult Climber.
3.3 All Climbers will be required to sign a Climber Declaration and Disclaimer Form. The Form includes but is not limited to statements that Climber has read and understood BridgeClimb’s health and safety information, which sets out, among other things, the conditions under which Climber should not participate in a Climb. Climber enters BridgeClimb premises and participates in a Climb at their own risk.
3.4 BridgeClimb reserves the right to perform a breath test on all Climbers. Climbers will be refused participation in a Climb, without refund if their blood alcohol concentration is 0.05% or greater, if they refuse to be breath-tested or if they are under the influence of drugs (legal or illegal).
4. Refusal of participation
BridgeClimb reserves the right to refuse any person, for whatever reason, participation in a Climb, at BridgeClimb’s absolute discretion, whether or not that person has already purchased a Climb. BridgeClimb will reimburse the price paid for a Climb if a person is refused participation for any reason other than as set out above, or other than by reason of breach of clause 5.4 below.
5. During the Climb
5.1 BridgeClimb will supply Climbers with equipment for use during a Climb. Use of this equipment is mandatory.
5.2 Climbers may take their own glasses (sun or prescription) on a Climb at their own risk, provided that these glasses are securely attached using a BridgeClimb glasses lanyard. At BridgeClimb’s discretion, essential medication (e.g. asthma medication or inhalers) may be taken on a Climb. While this will be done in a secure manner by the Climb Leader, neither BridgeClimb nor the Climb Leader shall be responsible for the medication or the administering thereof.
5.3 Other than as set out in clauses 5.1 and 5.2 above, Climbers are not permitted to take any items onto the Bridge (including but not limited to items such as cameras, videos, audio devices, pagers, mobile phones, handbags and other personal items). Climbers will be provided with a locker for storage of personal belongings. To ensure that unauthorised items are not carried onto the Bridge, Climbers may be required to pass through a metal objects screening system.
5.4 All Climbers must obey the directions and instructions of BridgeClimb’s Climb Leaders, must not disturb other Climbers or interfere with the Climb Leader’s ability to conduct the Climb in a safe and secure manner, and must not damage, deface or remove any part of the Bridge or any of the equipment supplied for use on a Climb. BridgeClimb retains the right to remove from a Climb any Climber who does not comply with these Terms, without refund.
6. Miscellaneous Terms
6.1 Photographs purchased from or supplied by BridgeClimb remain copyright to BridgeClimb. Photographs may only be used or reproduced by the purchaser or recipient for private or domestic purposes, and must not be used for any commercial purpose (including promotion of any supplier or any supplier’s products or services) without BridgeClimb’s prior written permission.
6.2 BridgeClimb and its authorised sub-contractors have the authority to use and reproduce any photograph taken of Climber for any purpose including display and purchase by or on behalf of Climbers, without prior notice or payment of compensation to Climber.
6.3 Smoking is not permitted on BridgeClimb premises or on the Bridge.
6.4 All persons must turn off pagers and mobile phones when they enter BridgeClimb premises.
6.5 BridgeClimb reserves the right to inspect any bag or container brought onto BridgeClimb premises.
7. Terms of payment
7.1 The purchase of a Climb is non-refundable, non-transferable and specific to the Climb printed on the Proof of Purchase. Climbs and Gift Certificates, and rights or entitlements to Climbs and Gift Certificates or to purchase Climbs and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including, without limitation, promotion of any supplier or any supplier’s products or services) without BridgeClimb’s prior written consent. If BridgeClimb reasonably believes that any other activities have occurred without such consent, the holder of a reservation or Gift Certificate may be refused participation in a Climb, without payment of any compensation whatsoever.
7.2 Reserved Climb times can only be changed up to seven days before the original Climb date, and changed only by time or date to another available time or date. Reduction in the number of Climbers or changes to the identity of Climbers is not permitted. BridgeClimb reserves the right to charge fees on the purchase of Climbs, on changes to reservations and on Gift Certificates purchased.
7.3 All Climbs must be paid for at the time of making the reservation unless otherwise agreed by BridgeClimb in advance, and then only after filling out a credit application form. Payment for sales on credit must be made 14 days from the date of invoice. BridgeClimb reserves the right to cancel reservations that are not paid for within these credit terms.
8. Cancellation and refunds
8.1 Climbs will not proceed should BridgeClimb decide in its absolute discretion, whether for safety reasons or otherwise, to cancel a Climb.
8.2 Should a Climb not proceed, Climbers will be rescheduled at their convenience, be issued with a refund voucher in the case of purchases bought through a third party reselling Climbs (‘Reseller’) or be reimbursed the price paid for a Climb, but otherwise shall have no claim whatsoever (including no claim for travel expenses or any other out-of-pocket expenses) relating to the cancellation of a Climb. The Reseller will make all reimbursements to the Climber.
8.3 Climbs and Gift Certificates are not refundable, except in accordance with these Terms or as agreed in writing by BridgeClimb. Refunds, when permitted, will only be made to the person or Reseller who purchased the Climbs from BridgeClimb.
9. BridgeClimb's liability
9.1 Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy, implied or imposed by any statute or regulation that cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and corresponding provisions of State or Territory legislation containing implied terms and warranties that operate to protect the purchasers of goods and services in various circumstances. Subject to the last sentence, all express or implied representations, conditions, warranties and provisions, whether based in statute, common law or otherwise, relating to provision of products and services pursuant to or as contemplated by these Terms that are not contained in these Terms, are excluded to the extent permitted by law.
9.2 If any condition or warranty is implied into these Terms under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and BridgeClimb is able to limit remedy for a breach of such a condition or warranty, the liability of BridgeClimb for breach of that condition or warranty is limited, at BridgeClimb’s absolute discretion, to one or more of the following: in the case of products, to replace the products, supply equivalent products or repair the products, to pay the cost of replacing the products or of acquiring equivalent products, or to pay the cost of having the goods repaired; and in the case of services, to supply the services again or to pay the cost of having the services supplied again. This clause 9.2 is subject to clause 9.3.
9.3 Section 68B of the Trade Practices Act 1974 (Cth) in certain circumstances permits a term of a contract for the supply by a corporation of recreational services to limit liability of the supplier pursuant to section 74 of that Act for death or personal injury relating to that supply. To the extent permitted by section 68B, BridgeClimb limits its liability for death or personal injury relating to the supply of recreational services to A$100,000 per occurrence.
9.4 Subject to clauses 9.1, 9.2 and 9.3 and to the extent permitted by law, BridgeClimb excludes liability and will not be responsible for loss or damage arising from: Climber’s failure to obey BridgeClimb’s safety directions or instructions; any pre-existing medical or psychological condition; any negligent act or omission of BridgeClimb or any person for whom BridgeClimb is responsible; any delay in a scheduled Climb taking place; and any loss of or damage to valuables or luggage placed in BridgeClimb lockers and storage space.
9.5 Subject to clauses 9.1, 9.2, 9.3 and 9.4, and to the extent permitted by law, Climber releases and discharges BridgeClimb and the Roads and Traffic Authority from any claim, action, demand or proceeding (including those arising from negligence, to the extent permitted by law) relating to or arising from participation in a Climb.
10. Resellers
When Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify BridgeClimb for any loss, damage or expense incurred by BridgeClimb as a result of any misrepresentation, breach of contract by or act of negligence of the Reseller.
11. Gift Certificates
11.1 Gift Certificates are sold for a specific product or a range of alternative products. Gift Certificates are non-refundable, but are transferable.
11.2 BridgeClimb reserves the right to discontinue any product that may be acquired with a valid Gift Certificate, but agrees to substitute the discontinued product with any other item to the same value.
11.3 A Gift Certificate must be redeemed within 12 months of the date of purchase and a Climb must take place within the 12 months.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. BridgeClimb and each purchaser and Climber submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of these Terms and any dispute between them.
Ottto Holdings (Aust.) Pty Ltd ABN 56 079 564 346 trading as BridgeClimb® Sydney
BridgeClimb® is the Registered Trade Mark of Ottto Holdings (Aust.) Pty Ltd