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. All dealings with BridgeClimb will be on these Terms of Trade (“Terms”) unless otherwise agreed in writing by BridgeClimb.
BridgeClimb reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times (Arrangements) for a Climbs or Gift Certificates without notice for reasons of safety, security, due to restricted access as required by the Roads and Traffic Authority or matters out of the reasonable control of BridgeClimb. However, reasonable endeavours will be made to maintain Arrangements as advertised.
2. Check-in for the Climb
All persons (“Climbers”) climbing on the Sydney Harbour Bridge (“Bridge”) are required to arrive and ‘check-in’ at BridgeClimb’s premises at least 15 minutes prior to the advised departure time as per Climber’s ticket, voucher or confirmation advice (“Proof of Purchase”). Arrival after this time may result in non-admittance to a Climb at BridgeClimb’s discretion, 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 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 or over, be 120cm or taller, 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, amongst other things, the conditions under which Climber should not participate in a Climb. Climber enters BridgeClimb’s premises and participates in a Climb at their own risk.
3.4 BridgeClimb may perform a breath test on 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 breathtested or if they are under the influence of drugs (legal or illegal).
3.5 Smoking is not permitted on BridgeClimb’s premises or on the Bridge.
4. BridgeClimb’s ability to refuse participation
4.1 BridgeClimb may refuse any person participation in a Climb, in BridgeClimb’s absolute discretion, whether or not that person has previously purchased a Climb. BridgeClimb will reimburse the price paid for a Climb if a person is refused participation in a Climb 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 standard 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 inhalers or medication) may be taken on a Climb. While this will be done in secure manner by a BridgeClimb employee, neither BridgeClimb nor a BridgeClimb employee shall be responsible for the medication or the administering thereof.
5.3 Other than as set out in clause 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, pagers, mobile phones, handbags, and any other personal items). Climbers will be provided with a locker for storage of personal belongings. To ensure that unauthorised items are not carried on to 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 employees, must not act disruptively or disturb other Climbers or interfere with a BridgeClimb employee’s ability to conduct any part of the Climb process 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. Disruptive behaviour includes making any jokes or flippant remarks about security. BridgeClimb retains the right to remove from a Climb any Climber who does not comply with these terms, without refund.
6. Photographs and other image or sound capture devices
6.1 Photographs obtained from BridgeClimb remain copyright to BridgeClimb and 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 Cameras and other image or sound capture devices are not permitted on the Bridge unless supplied by BridgeClimb.
6.4 Climber agrees that BridgeClimb may inspect bags, containers or any other items brought onto BridgeClimb’s premises. Climber also agrees that if an unauthorised image or sound capture device is taken onto the Bridge then BridgeClimb may remove or delete any images, sound or any other material from the device that pertains to the Bridge or BridgeClimb.
7. Terms of payment
7.1 The purchase of a Climb is non-refundable, non-transferable and specific to a particular Climb as stated in the Proof of Purchase. Climbs and Gift Certificates, 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 permission. If BridgeClimb reasonably believes that these 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.
7.2 Climb times reserved 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 participants or changes to the identity of Climbers is not permitted. BridgeClimb reserves the right to charge a booking fee on the purchase of Climbs and Gift Certificates and the right to charge an administration fee should purchases be changed where permitted by BridgeClimb.
7.3 All Climbs must be paid for at the time of making the reservation unless otherwise agreed by BridgeClimb in advance.
8. Cancellation and refunds
8.1 Climbs will not proceed if BridgeClimb decides in its absolute discretion, whether for safety reasons or other reasonable reasons, to cancel a Climb.
8.2 Should a Climb not proceed then Climbers will be re-scheduled 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. In the case of purchases bought through a Reseller, that Reseller will be responsible for redeeming the refund voucher and making reimbursements to a Climber.
8.3 Climbs and Gift Certificates are not refundable, except in accordance with these Terms or as agreed in writing by BridgeClimb. Refunds, where permitted, will only be made to the person or Reseller who purchased a Climb from BridgeClimb.
9. BridgeClimb’s liability
9.1 Nothing in these Terms excludes, limits or modifies any condition, guarantee, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, limited or modified. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. Subject to the last sentence, express or implied guarantees, representations, conditions, warranties and other provisions relating to these Terms, or provision of products and services as contemplated by these Terms, are excluded from these Terms to the maximum extent permitted by law.
9.2 If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and BridgeClimb is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of BridgeClimb for breach of that Non-Excludable Provision is limited to one or more of the following at BridgeClimb’s election: in the case of products, to: replacement of the products or supply of equivalent products, repair of the products; payment of the cost of replacing the products or of acquiring equivalent products; or payment of the cost of having the goods repaired; and in the case of services, to: supply of the services again; or payment of the cost of having the services supplied again. This clause 9.2 is subject to clause 9.3.
9.3 Section 139A of the Competition and Consumer Act 2010 (Cth) in certain circumstances permits a term of a contract for the supply to a consumer of recreational services to limit liability of the supplier pursuant to sections 60 to 63 of the Australian Consumer Law for death or personal injury in relation to that supply. To the extent permitted by section 139A, BridgeClimb limits its liability for death or personal injury in relation to supply of recreational services to AU$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 and including any aggravation of any pre-existing 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 out of participation in a Climb.
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 range of products. Gift Certificates are non-refundable but are transferable. Gift Certificates must not be offered as prizes or resold or used for any commercial purpose, including promotion of any supplier or their products or services, without BridgeClimb’s prior written permission.
11.2 BridgeClimb reserves the right to discontinue the sale of any product purchased on a Gift Certificate, but agrees to replace that discontinued with any other item to the same value.
11.3 A Gift Certificate must be redeemed within 12 months from 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® SydneyBridgeClimb® is the Registered Trade Mark of Ottto Holdings (Aust.) Pty Ltd