Trade Partner Terms & Conditions

1. License Agreement

1.1 BridgeClimb agrees to sell non-exclusive tours over the arches of the Sydney Harbour Bridge, at different times of day and on different routes (hereinafter “Climbs”) to the Buyer and the Buyer agrees to purchase Climbs from BridgeClimb at the agreed Rates provided

1.2 BridgeClimb grants the Buyer a non-exclusive license to on-sell Climbs bought from BridgeClimb to third parties using their business to business as well as business to consumer channels excluding via third party online travel agents

1.3 The Buyer agrees to seek and obtain BridgeClimb approval for any and all marketing or other material promoting, advertising or providing information about BridgeClimb or Climb products and Climb routes and agrees that they will only be produced and finalised for distribution or broadcast with the prior approval of BridgeClimb and the Buyer undertakes to ensure that any third party partner or agent of the Buyer shall similarly seek and obtain BridgeClimb’s approval either directly with BridgeClimb or indirectly with BridgeClimb though the Buyer.

1.4 The Buyer agrees that this license prohibits the Buyer or any third-party partner or agent of the Buyer using BridgeClimb’s name or Climb Products on the internet in paid advertising or promotions including but not limited to advertising or promotion through any third-party website either by using key word marketing for search engine optimisation (SEO) or search engine marketing (SEM) or through affiliate / referral websites. This is a material clause of the Agreement. The Buyer is responsible for ensuring that the Buyer’s business or that of its partners or agents does not appear in paid results following the use in a search of BridgeClimb’s name or Climb Products. 

1.5 In relation to clause 1.4 BridgeClimb’s name or Climb Products shall include but not be limited to the following words or phrases including these words (or groups of words):

1.5.a.1.  BridgeClimb
1.5.a.2.  Bridge Climb
1.5.a.3.  Sydney Harbour Bridge Climb
1.5.a.4.  Sydney Harbour BridgeClimb
1.5.a.5.  Climbing the Sydney Harbour Bridge
1.5.a.6.  Sydney Bridge Climb
1.5.a.7.  Sydney BridgeClimb
1.5.a.8.  Harbour Bridge Climb
1.5.a.9.  Harbour BridgeClimb
1.5.a.10. Dawn Climb
1.5.a.11. Day Climb
1.5.a.12. Twilight Climb
1.5.a.13. Night Climb
1.5.a.14. Vivid Climb
1.5.a.15. Summit Climb or BridgeClimb Summit
1.5.a.16. Summit Insider Climb or BridgeClimb Summit Insider
1.5.a.17. Mandarin Climb or BridgeClimb Mandarin
1.5.a.18. BridgeClimb Burrawa
1.5.a.19. Burrawa Climb
1.5.a.20. BridgeClimb Ultimate
1.5.a.21. Ultimate Climb
1.5.a.22. Bridge Climb Summit
1.5.a.23. Bridge Climb Summit Insider
1.5.a.24. Japanese Climb
1.5.a.25. Summit Insider Japanese

Additional terms can be added by BridgeClimb by providing written notice at any time

1.6 Nothing in this clause prohibits the marketing of BridgeClimb within the Buyer’s (and its associated companies) own online portals.

1.7 The Buyer agrees to be bound by BridgeClimb’s standard terms of trade (Terms of Trade) as amended from time to time. 

2. Climb Products, Routes, Prices and times of the day

2.1 BridgeClimb reserves the right to add, withdraw, substitute and/or vary advertised climb products routes and departure times (together “arrangements”) for the Climb without notice for reasons of safety, security, due to restricted access as required by Transport for NSW or matters out of the reasonable control of BridgeClimb. However, reasonable endeavours will be made to maintain arrangements as advertised. 

2.2 The price payable for a Climb shall be the prevailing contract price for the relevant rate period at the time the reservation is accepted by BridgeClimb.

2.3 BridgeClimb may add, withdraw, substitute and/or vary the contracted prices for any reason after providing the Buyer with at least 30 days’ notice but shall, subject to clause 2.1, honour any Climbs already reserved by the Buyer.

2.4 In relation to any change in price, BridgeClimb shall provide the Buyer with updated contracted rates.

2.5 BridgeClimb may refuse any person, for whatever reason, participation in the Climb, at its absolute discretion, whether or not they have previously made a reservation (paid or unpaid). This includes but is not limited to the following; If BridgeClimb Sydney considers (acting reasonably) that they may be under the influence of drugs or if the are acting erratically and may pose a danger to themselves or a member of the public.

2.6 BridgeClimb intends on operating every day of the year other than 30th and 31st December.

2.7 Additional non-operative days may be added at BridgeClimb’s absolute discretion.  The Buyer will be notified within a reasonable time, being not less than 30 days, of additional non-operative days.

2.8 BridgeClimb reserves the right to add, adjust or vary the Peak periods. BridgeClimb shall provide the Buyer with reasonable notice, being, not less than 30 days, of any changes to Peak periods. The price payable for a Climb shall be the prevailing contracted price at the time the reservation is accepted by BridgeClimb. 

3. Making a Reservation

3.1 The Buyer must provide BridgeClimb with a reference number and the name of the Buyer’s client (“Participant”) at the time of making a reservation.

3.2 Health and Safety is vitally important; the Buyer must provide BridgeClimb with contact details (with email as a requirement) for all Climbers at time of booking in order that BridgeClimb can communicate important health and safety guidelines to Climbers prior to their Climb including BridgeClimb’s declaration form which they will be required to complete. If the Buyer is unable to provide BridgeClimb with this information, the Buyer is responsible for informing their clients of these important guidelines. If climbers arrive and are unable to Climb due to not meeting BridgeClimb’s health and safety criteria, BridgeClimb will not be held liable for any credit or refunds requested.

These guidelines include but are not limited to:

• If climbers are under 24 weeks pregnant, they can Climb with a Certificate of Fitness signed by their GP. Please ask them to download this form to bring with them on the day. If climbers are more than 24 weeks pregnant, they cannot Climb. (Please note the Certificate of Fitness must have been completed within the last three months prior to Climb date).
• If climbers are 75 years of age, or older, they can Climb with a Certificate of Fitness signed by their GP. Please ask them to download this form to bring it with them on the day. (Please note the Certificate of Fitness must have been completed within the last three months prior to Climb date).
• Climbers must have a blood-alcohol reading below 0.05 to climb (the same as if you are driving in Australia)
• We provide FREE secure lockers for your clients to keep their personal belongings in, including phones, cameras and GoPros. For safety and security reasons, cameras, video technology, mobile devices, jewellery, watches and other loose items are prohibited on the Climb. 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 Sydney glasses lanyard and do not have any photographic or electronic devices included in their structure. At BridgeClimb Sydney’s discretion, potentially essential medication (e.g. asthma inhalers or other medication) may be taken on a Climb. While this will be done in secure manner by BridgeClimb Sydney Personnel, neither BridgeClimb Sydney nor BridgeClimb Sydney Personnel shall be responsible for the medication or the administering thereof. The Climber must not take part in the Climb if he or she has reason to believe that they will or are likely to require medication or the administration of medicines or medical assistance at any point during the Climb.
• Climbers will be required to pass through a metal objects screening system prior to undertaking the Climb, and BridgeClimb Sydney (in its discretion) may refuse a Climber’s participation in a Climb if a Climber is unwilling to remove any unauthorised items set out in this clause.
• BridgeClimb Sydney will supply Climbers with equipment for use during a Climb. Use of this equipment is mandatory.
• We are an all-weather activity; we will equip your clients with all the outdoor clothing they’ll need for their Climb, based on the day’s weather conditions. In case of extreme weather like electrical storms or during times of extremely high wind, Climbs may be postponed.
• All Climbers must obey the reasonable directions and instructions of BridgeClimb Sydney Personnel, and must not act disruptively or disturb other Climbers or interfere with a BridgeClimb Sydney Personnel’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 Sydney retains the right to remove from a Climb any Climber who does not comply with these terms, without refund.
• Health and Safety Exceptions: We do our best to help everyone Climb, however there are some things that will prevent your client from participating, including:
  • A fit or seizure in the last six months
  • Broken bones
  • Have undergone surgery in the last 6 months or are experiencing ongoing symptoms
  • Being more than 24 weeks pregnant
  • Being under 8 years of age
  • Being under 1.2 metres tall

3.3 A reservation is confirmed, and the Buyer guarantees the reservation for a Climb once the Buyer has sent a written reservation request by any means and BridgeClimb has replied with written confirmation to the Buyer irrespective of whether or not the Buyer’s client (“Participant”) actually participates in the Climb. Where BridgeClimb enters a restricted area of the Buyers website and confirms a reservation on that website then this shall be regarded as a written confirmation by BridgeClimb.

3.4 The Buyer may use any reasonable documentation so that Participants can identify themselves as the client of the Buyer. This document must specify all relevant details including the Buyer’s name, the date of the Climb, the time of the Climb and BridgeClimb‘S Reservation/Confirmation Number.

3.5 Where there is a discrepancy in Participant numbers between a confirmation and any documents provided by the Participant that originates from the Buyer then the Buyer shall be liable for the greater number.

3.6 A written request and confirmation is proof of the services being supplied and the Buyer is bound to pay for the services unless the Buyer makes a claim that they were incorrectly supplied or not supplied within 7 days of the Climb or invoice being received, whichever is the later.

4. Payment – Buyers With Credit

4.1 All Buyers seeking to obtain credit must complete and sign a credit application form. 

4.2 All terms in the credit application shall form part of this Agreement.

4.3 BridgeClimb may grant or refuse credit generally or for a specific reservation request at its absolute discretion. 

4.4 BridgeClimb will issue invoices to the Buyer in an electronic form and in accordance with the tables in clause 7 and include the reference number and/or Participant’s names provided by the Buyer.

4.5 The Buyer agrees that disputes and/or claims do not constitute grounds for non-payment of monies other than those monies in dispute.

4.6 Where credit is temporarily or permanently refused then:
4.6.a) Where a reservation has already been made by the Buyer and remains unpaid at the time of a Climb, the Participant will be required to pay for the Climb at the Retail Price prior to the Climb proceeding, and clause 11, No Commission, shall apply to this reservation.
4.6.b) Where the Buyer seeks to make further reservations, payment will be required at the time of the reservation. BridgeClimb is not obliged to accept these reservations.

5. Payment – Buyers Without Credit

5.1 Where the Buyer has not been provided with credit then all Climbs must be paid for as set out in this clause 6 and the tables in Clause 7.

5.2 Payment by credit card must be made at the time of making a reservation unless the Buyer has provided BridgeClimb with a Credit Card Authorisation Form (Appendix 1) covering a minimum payment period of three (3) months. A surcharge will be applied to payments made by credit card.

5.3 Where an appropriate Card Authorisation Form has been completed payment will be processed in accordance with the tables in Clause 7 and once all the conditions on the Credit Card Authorisation Form have been satisfied.

5.4 Where payment has not been received by the required date, BridgeClimb may cancel the reservation without notification to the Buyer.

6. Variation and Cancellation Policy

6.1 Once Climbs have been reserved, any change to the Climb date, Climb time or number of Participants must be requested in writing.

6.2 The table below sets out the timing of payments, including deposits required, and any fees payable relating to any variation or cancellation of Climbs reserved.

Payment, Cancellation and Variation for reservations of 1 to 14 Participants:

7. Climb Participation and Operating Conditions

7.1 The Buyer shall advise Participants of all relevant information about the participation in a Climb as set out in Schedule 3.  

7.2 All Adult Climbers must provide valid Photo ID upon check-in, in order to participate in a Climb.

7.3 Should a Climb not proceed at the reserved departure time or within a reasonable time thereafter, then the reservation will be re-scheduled at the earliest possible time at the convenience of the Participant, taking into account available places, or the Participant will be issued with a refund letter which refers them back to the Buyer. 

7.4 Where a Participant requires a refund BridgeClimb will refund the Buyer on request by the Buyer and the Buyer shall be responsible for making any reimbursements to the Participant. 

8. Free of Charge Policy

8.1 BridgeClimb shall not provide, at any time, free of charge (“FOC”) Climbs for a certain volume of Climbs reserved or to tour guides accompanying a Participant to BridgeClimb’s premises.

9. Taxes

9.1 All prices are inclusive of a 10% Goods and Services Tax as well as any other taxes, levies and duties imposed by Federal or State Law. Should any of these laws change then, at the absolute discretion of BridgeClimb, the Nett Rates may be adjusted immediately to reflect these changes. 

10. Set-Off

10.1 The Buyer agrees that the Buyer may not set off any amount owing by BridgeClimb to the Buyer against any amount owing to BridgeClimb by the Buyer under this Agreement.

11. Information for Participants 

The Buyer agrees to advise Participants of the following information at the time the Participant makes a reservation: 

• BridgeClimb operates in all weather conditions with the exception of extreme weather (e.g. electrical storms).
• BridgeClimb reservations are for a specific time (“Climb Time”), date and product, and are a non-refundable purchase. Participants must arrive at BridgeClimb’s premises and check in at reception 15 minutes prior to their Climb Time.
• Participants must provide their reservation/confirmation number to reception at the time of checking in.
• One participating adult Participant (“Accompanying Adult”) must accompany every 3 Participants between the age of 8 and 15 years inclusive. 
• Alcohol should not be consumed prior to the Climb. Every Participant will undergo a breath test and will not be permitted to participate in a Climb if their Blood Alcohol Concentration reading is 0.05% or greater or if they are under the influence of drugs (legal or illegal).
• By purchasing a Climb the Participant agrees to BridgeClimb’s Terms of Trade (provided to the Buyer) including the agreement to sign a Declaration Form or, in the case of a minor, agreement by the Accompanying Adult to do so. The Terms of Trade are also available on BridgeClimb’s website at http://www.bridgeclimb.com/terms/ . 
• Participants should be ready to wear a BridgeSuit over their existing clothing.
• There are no refunds where the requirements of points 1 to 7 inclusive are not met.
• Participants must consider BridgeClimb’s Health and Safety Information set out in Appendix 1 before reserving a Climb. The Health and Safety Information sets out critical information including who may and may not participate in a Climb.  The Health and Safety Information is also available on BridgeClimb’s website here.
• Even if a potential Participant feels able to climb BridgeClimb may still decline participation and provide a refund.
• All Participants must wear suitable enclosed rubber soled shoes such as runners, track or hiking shoes. PVC and leather soled shoes are not suitable.
• Lockers are provided as loose objects, including but not limited to cameras, video cameras, audio, pagers, mobile phones, handbags, and any other personal items, cannot be taken onto the Bridge.
• The Climb is available to expectant mothers in certain circumstances.  Participants must refer to; BridgeClimb’s Health and Safety Information set out in Appendix 1, under the heading “Pregnant Participants”, as well as BridgeClimb’s Certificate of Fitness to Climb for Participants 
• The Climb is available to participants aged 75 years and older in certain circumstances.  Participants must refer to; BridgeClimb’s Health and Safety Information set out in Appendix 1, under the heading “Participants aged 75 years and older”, as well as BridgeClimb’s Certificate of Fitness to Climb for Participants

Appendix 1

Health and Safety Information 

We care about your client’s health, safety and comfort. Please ensure your clients read the important information about health and safety outlined below to assess their readiness for a BridgeClimb experience. 

To complete the Climb you will need:

• A reasonable level of fitness and strength
• Full body control and hand-eye-foot co-ordination
• The ability to climb independently (unsupported by walking aids)
• Every Participant must complete a BridgeClimb Declaration Form before climbing. This will be provided to you on the day.

The following may impact your ability to climb safely:

• If you are pregnant
• If you are 75 years or age or over
• All heart conditions (including low or high blood pressure)
• All respiratory conditions
• Back, limb or joint injuries
• Missing limbs or part thereof, inclusive of prosthetics
• Vertigo, dizziness or loss of balance; visual impairment (except wearing prescription glasses or contact lenses), and
• learning difficulties 

Why? Because our Climb experiences include:

• Climbing high ladders and catwalks
• Prolonged stair climbing
• Uneven surfaces and narrow passageways
• Exposure to all weather conditions 

You cannot take part in the Climb if you:

• Are under 8 years of age
• Are under 1.2 metres in height
• Have a blood alcohol reading of 0.05% or higher. Participants must pass an alcohol breath test before climbing the Bridge. Any persons over the limit will not be allowed to climb.
• Have broken bones
• Have undergone surgery in the last 6 months or are experiencing ongoing symptoms
• Have experienced a fit or seizure in the past 6 months and do not hold a driver's license for this reason.
• Pregnant Participants:
  • Pregnant Participants less than 24 weeks are required to consult a medical practitioner before climbing and must ask the medical practitioner to sign a BridgeClimb Certificate of Fitness Form.
  • If you are over 24 weeks pregnant you cannot climb. 
• Participants 75 years of age and over:
  
  • Participants 75 years of age and over are required to consult a medical practitioner before climbing and must ask the medical practitioner to sign a BridgeClimb Certificate of Fitness Form.
• If you take essential medication:
  • At BridgeClimb's discretion, essential medication may be taken on the Climb (For example, asthma inhalers or diabetic medication). Please speak with a BridgeClimb Team Member on the day.

Still concerned? If you believe your health and safety, or that of other Participants, may be put at risk by you taking part, you should not join the Climb. If you have concerns about your ability to participate safely, please consult your treating doctor.  We recommend that all customers with any concerns read the BridgeClimb Certificate of Fitness Form prior to Climbing.

Please be aware that even if you have made a reservation, BridgeClimb reserves the right to decline participation or modify your chosen climbing experience. The health and safety conditions of climbing are subject to change at BridgeClimb's discretion.