The following are the terms of trade of Feliz Puente Pty Ltd ABN 79 625 999 877. BridgeClimb Sydney is the seller of all 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. All dealings with BridgeClimb Sydney will be on these Terms of Trade (“Terms”) unless otherwise agreed in writing by BridgeClimb Sydney.
These Terms, along with the Climber Declaration and Disclaimer Form and all health and safety information provided to persons who take part in Climbs (Climbers) comprise the Agreement between BridgeClimb Sydney and the Climber or any other person acquiring a product or service from BridgeClimb Sydney.
1. The Climb
BridgeClimb Sydney reserves the right to add, withdraw, substitute and/or vary advertised routes and departure times (Arrangements) for Climbs without notice for reasons of safety, security, due to restricted access as required by the Roads and Maritime Services or any matters out of the reasonable control of BridgeClimb Sydney. However, reasonable endeavours will be made to maintain Arrangements as advertised.
2. Check-in for a Climb
All Climbers climbing on the Sydney Harbour Bridge (“Bridge”) are required to arrive and ‘check-in’ at BridgeClimb Sydney’s premises at least 15 minutes prior to the advised departure time as per Climber’s voucher or confirmation advice (“Proof of Purchase”). Subject to clause 9.1, failure to arrive by this time may result in non-admittance to a Climb at BridgeClimb Sydney’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 Sydney reserves the right to refuse participation in a Climb unless Climber is able to show proof of their identity.
3.2 Climbers must be 8s years of age or over, be at least 120cm, 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 8 and 15 inclusive climbing together must be accompanied by one paying adult Climber.
3.3 Before purchasing a Climb, all Climbers must carefully read the Climber Declaration and Disclaimer Form (the ‘Form”) and before participating indicate their agreement to the matters set out in the Form by signing where indicated. If the Climber does not agree with any of the matters set out in this Agreement (including in the Form), that Climber must not purchase a Climb. If the Climber is under the age of 18 years and does not have the understanding necessary to sign the Form, the Climber’s legal parent or guardian must sign the Form on behalf of the Climber.
3.4 BridgeClimb Sydney may perform a breath test on Climbers and may observe Climbers to ensure they are not under the influence of drugs (legal or illegal). 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 BridgeClimb Sydney considers that they may be under the influence of drugs.
3.5 Smoking is not permitted on BridgeClimb Sydney’s premises or on the Bridge.
4. BridgeClimb Sydney’s ability to refuse participation
4.1 BridgeClimb Sydney may refuse participation in a Climb, if in BridgeClimb Sydney’s reasonable opinion the Climb or the participation of the Climber in the Climb may adversely affect the safety or security of BridgeClimb Sydney employees, agents, contractors and subcontractors (BridgeClimb Sydney Personnel), the Climber, other Climbers or the Bridge itself. BridgeClimb Sydney will reimburse the price paid for a Climb if a person is refused participation in a Climb for any reason other than by reason of breach of clause 5.4 below.
5. During a Climb
5.1 BridgeClimb Sydney 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 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.
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 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.
6. Photographs and other and other image or sound capture devices
6.1 Photographs obtained from BridgeClimb Sydney remain copyright to BridgeClimb Sydney 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 Sydney’s prior written permission.
6.2 Climbers agree that BridgeClimb Sydney and its authorised sub-contractors have the authority to use and reproduce any photograph taken of Climber for any disclosed 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 Sydney.
6.4 Climber agrees that BridgeClimb Sydney may inspect bags, containers or any other items brought onto BridgeClimb Sydney’s premises. Climber also agrees that if an unauthorised image or sound capture device is taken onto the Bridge then BridgeClimb Sydney may remove or delete any images, sound or any other material from the device that pertains to the Bridge or BridgeClimb Sydney.
7. Terms of payment
7.1 Subject to clause 9.1, 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 Sydney’s prior written consent. If BridgeClimb Sydney 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
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 Sydney reserves the right to charge a rebooking fee and an administrative fee should purchases be changed where permitted by BridgeClimb Sydney. The applicable rebooking fee and administrative fee can be obtained by contacting BridgeClimb Sydney on 02-8274 7777.
7.3 All Climbs must be paid for at the time of making the reservation unless otherwise agreed by BridgeClimb Sydney in advance.
8. Cancellation and refunds
8.1 Climbs will not proceed if BridgeClimb Sydney 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 Subject to clause 9.1, Climbs and Gift Certificates are not refundable, except in accordance with these Terms or as agreed in writing by BridgeClimb Sydney. Refunds, where permitted, will only be made to the person or Reseller who purchased the Climb from BridgeClimb Sydney.
9. BridgeClimb Sydney’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 9.4.
9.3 The Climber acknowledges that the Climb is a recreational activity that involves an element of risk and BridgeClimb Sydney, Roads and Maritime Services and any reseller of BridgeClimb products (Service Providers), therefore cannot guarantee the Climber’s health and safety. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions, mental harm or distress, and damage to their property. The Climber acknowledges that his/her health, ability and conduct will affect such risks.
9.4 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 exclude 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 excludes all liability for death or personal injury in relation to supply of recreational services.
9.5 Subject to sections 9.1, 9.2 and 9.6:
(a) to the extent the Climb is a “recreational activity”, “recreational service” or the like under any applicable law, the Service Providers (and their respective directors, employees, agents, sub-contractors, associates and assignees) (the “Relevant Persons”) exclude all:
(i) liability under any applicable statutory guarantees (including but not limited to guarantees
under the Australian Consumer Law);
(ii) express or implied warranties and conditions, including without limitation that the Climb will
be provided with reasonable care and skill.
(b) The Climber, and (where Climber is under the age of 18 years and does not have the understanding necessary to sign the Form) the legal parent or guardian signing this Agreement on behalf of the Climber, absolutely, unconditionally and irrevocably releases and indemnifies the Relevant Persons from and against all action, proceedings, claims, demands, costs, losses, damages and expenses suffered or incurred by the Relevant Persons arising out of or in connection with any participation in the Climb.
(c) the Relevant Persons will not be liable for any costs, losses, damages and expenses that may be suffered or incurred in connection with the Climber’s participation in the Climb or their presence on the Bridge; and
(d) this Agreement may be pleaded by any of the Relevant Persons in bar to any actions, proceedings, claims, demands arising out of or in connection with the Climber’s participation in the Climb or presence on the Bridge.
9.6 Nothing in this section 9 above limits or excludes the liability of the Relevant Persons for any costs, losses, damages or expenses to the extent arising as a result of fraudulent or reckless conduct of the Relevant Persons, nor any liability of the Relevant Persons that cannot be excluded under applicable law.
Where a Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify BridgeClimb Sydney for any loss, damage or expense incurred by BridgeClimb Sydney as a result of any misrepresentation, breach of contract by or negligence of the Reseller.
11. Hotel Concierge Agent Portal
Where a hotel uses or registers itself or its employees (“concierge”) to use the BridgeClimb business-to-business website portal (“portal”) to make bookings on behalf of hotel guests the hotel and concierge agree:
- The hotel and concierge may utilise the portal to make legitimate reservations only and shall not use the portal for any other purpose.
- A reservation made using the portal shall immediately be regarded as a confirmed reservation.
- The maximum number of climbers that may be reserved on the portal at one time is 14 (fourteen). Any reservations for groups larger than 14 must be made via BridgeClimb’s Call Centre.
- The hotel or concierge shall enter all reasonable information about hotel guests (as is applicable) against each reservation made.
- The hotel or concierge shall convey to the hotel guest the terms and conditions associated with booking a BridgeClimb which are contained in these terms and conditions.
- That BridgeClimb shall only issue one unique Master User ID and password which shall be issued to the hotel. All other User ID’s (if required) and passwords will be issued by the hotel and activated by BridgeClimb.
- The hotel shall be solely responsible for all usage or activity on their User ID’s
- The hotel and concierge shall be responsible for maintaining the confidentiality of its passwords, User IDs and all other account information. If the hotel has reason to believe that any User ID is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of its password), the hotel must promptly change the affected password and notify BridgeClimb.
- BridgeClimb may, at any time and without having to serve any prior notice to the hotel upgrade, update, change, modify, or improve the portal in any manner it may deem fit.
- BridgeClimb shall not be liable to the hotel, or any other party claiming for the hotel, by virtue of the termination of access to the portal for any reason whatsoever.
- BridgeClimb shall not be liable for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or the performance of the portal.
- BridgeClimb may amend these terms from time to time by updating these terms and posting the updated terms on BridgeClimb’s website at bridgeclimb.com. BridgeClimb shall advise the hotel of the change and provide a link to the changed terms. By continuing to use the portal the hotel and concierge shall be deemed to have agreed to the updated terms.
- The hotel shall not assign or transfer all or any of his/its rights or obligations in relation to the portal without the prior written consent of BridgeClimb.
12. 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 Sydney’s prior written permission.
11.2 BridgeClimb Sydney 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 3 years from date of purchase and a Climb must take place within the 3 years.
13. Governing Law
This Agreement is governed by the laws of New South Wales, Australia. BridgeClimb Sydney and each purchaser and Climber 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 Feliz Puente Pty Ltd