Eagle Skylift Arthurs Seat
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ALL PERSONS RIDING ON THE ARTHURS SEAT EAGLE AND/OR VISITING THE ARTHURS SEAT EAGLE BUILDING AND/OR THE ARTHURS SEAT EAGLE STATIONS DO SO SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. GENERAL

1.1 By receiving a ticket to ride on the Arthurs Seat Eagle or by entering any part of the Premises, You are deemed to have accepted these Terms and Conditions and have understood them to be binding. It is your responsibility to read and inform yourself as to these Terms and Conditions.

1.2 Management reserve the right to refuse entry or remove any person from the Premises or any part of the Premises for failure to comply with any of these Terms and Conditions.

1.3 Operational hours are subject to change without notice and may be reduced or extended due to weather or operational requirements.

1.4 Management will endeavour to ensure that the Premises are open for use by visitors during normal advertised opening hours. However, Management reserve the right, in their absolute discretion, whether for safety reasons, weather or otherwise, to close the Premises or any part of the Premises, or to cancel a flight on the Arthurs Seat Eagle. In the event of such closure or cancellation, the Operator shall reschedule flight bookings to an alternative time, and, or date, but shall otherwise have no liability whatsoever, including no liability for consequential losses or expenses, in respect to closure of part or all of the Premises or cancellation of any flight on the Arthurs Seat Eagle.

1.5 You are responsible for your own personal property and the property of those persons under your care or supervision whilst on the Premises. Due to operational requirements, restrictions on large bags, suitcases, heavy items and backpacks apply and these may only be allowed on board with the approval of Management.

1.6 Design and systems of the Arthurs Seat Eagle are protected by copyright and other intellectual property rights. You must not infringe on those rights.

2. TICKETING

2.1 The number and mix of persons per cabin may vary and is at the absolute discretion of Management. In general, the maximum capacity per Gondola is up to 8 passengers.

2.2 You must progress through the queue line and load into the next available Gondola. Refusing to board or waiting for your own Gondola is not permitted and may result in forfeiture of your ticket, without compensation.

2.3 Groups of persons will not always be able to travel in the same cabin.

2.4 For private functions special Terms and Conditions may apply and will be available on request.

2.5 From time to time, the Operator may sell tickets as an agent for other parties. Events, trips, meals and other services to be provided as a result of sale, shall be in accordance with the Terms and Conditions of the provider of such services and the Operator shall not be responsible to any customer in respect of any loss or damage which arises out of or in connection with or as a consequence of the provision or non-provision of any of those services.

2.6 There are no refunds or exchanges on any tickets. In the event of cancellation of a flight due to unplanned closure, that flight will be rescheduled to another time and, or date. Lost, damaged or stolen tickets will not be replaced. The Operator shall have no liability for consequential losses, damages or expenses whatsoever, including no liability for travel or any out-of-pocket expenses.

2.7 General Admission Tickets, including online General Admission Ticket purchases, are valid for redemption for 12 months from the date of purchase. All tickets are non-transferable (your ticket/s will be canceled without refund if used by anyone else), non-refund- able and not redeemable for cash. No extension to validity period is available.

2.8 General Admission Tickets are not valid for Arthurs Seat Eagle Special Events or Private Functions. 2.9 Gift vouchers will be redeemable for up to 12 months from the date of purchase.

2.10 Arthurs Seat Eagle Special Event Packages are only valid for the nominated event date and departure time, and will be subject to the cancellation charges outlined within the special events specific Terms and Conditions.

2.11 The duration of each flight on the Arthurs Seat Eagle may vary.

2.12 Tickets are available for purchase at the Arthurs Seat Eagle Ticket Office and Kiosks or through the Operator’s website. If purchasing your ticket through this website, you will gain access to an online page containing a printable tax receipt containing an e-ticket. You must print and present an e-ticket at the check in point on the boarding platform or have the ticket available for scanning from your mobile electronic device.

2.13 Vouchers may be purchased from selected concierge desks, automobile clubs, travel agents, approved trade and, or re-seller agencies, accommodation and tour outlets. A voucher will entitle the holder to receive, in exchange, a ticket at the Ticket Office.

2.14 Only persons holding valid tickets are allowed to enter the boarding platform and to board the Arthurs Seat Eagle.

2.15 Children aged 4 years and under may travel free, when accompanied by a paying parent or legal guardian.

2.16 Tickets may not be resold without the prior written consent of the Operator. If the Operator reasonably believes that a ticket has been resold without its prior consent, the holder may be refused entry to or be removed from the Arthurs Seat Eagle without compensation.

2.17 All transactions are processed in Australian Dollars (AUD).

2.18 All ticket prices are subject to change without prior notification.

2.19 Discounted tickets may be available from time to time through selected publications and websites. Discounts are not valid with any other offer and will be subject to specific Terms and Conditions which will be available on request.

3. CODE OF BEHAVIOUR

3.1 You must comply with these Terms and Conditions, all rules, directions and safety requirements which apply to persons riding on the Arthurs Seat Eagle and/or visiting the Premises. Failure to do so may lead to you being removed from the Premises without compensation.

3.2 You must obey all reasonable written and verbal instructions and warnings given by the Operator and/or Management and/or Staff without objection.

3.3 You must not behave in a way which disrupts the safety or enjoyment of other persons on any part of the Premises. Offensive, irresponsible or unsafe behaviour, theft or vandalism, will not be tolerated.

3.4 Smoking is strictly prohibited on the Arthurs Seat Eagle, on the boarding platform leading to the Arthurs Seat Eagle or any- where inside the Arthurs Seat Eagle Building, except in specifically designated areas.

3.5 No person affected by, or who appears to Management to be affected by, alcohol or drugs will be permitted entry to the Arthurs Seat Eagle or be permitted to remain on the Premises.

3.6 No food or alcoholic beverage of any nature may be taken onto or consumed on the Arthurs Seat Eagle. No eskies or wine coolers are permitted. Water is permitted, but only where it is in plastic bottles or containers that can be sealed.

3.7 Pets or animals of any nature are expressly prohibited on the Premises, except for guide, hearing and assistance dogs.

3.8 Appropriate clothing must be worn at all times on the Premises. Persons without shirts or wearing offensive clothing will not be permitted entry into the Arthurs Seat Eagle Building or onto the Arthurs Seat Eagle.

3.9 Appropriate footwear must be worn at all times on the Premises and on the boarding platform leading to the Arthurs Seat Eagle. Persons who fail to comply will not be permitted entry into the Arthurs Seat Building or onto the Arthurs Seat Eagle.

3.10 No running is permitted on or in the vicinity of the Arthurs Seat Eagle or anywhere within the Arthurs Seat Eagle Building. 3.11 Queue line jumping at the Ticket Office or while waiting to board the Arthurs Seat Eagle is strictly prohibited.

3.12 It is prohibited to bring on to the Premises and/ or take onto the Arthurs Seat Eagle any weapons or any other articles which may cause injury or cause distress or discomfort to other persons

3.13 You are admitted to the Premises subject to a condition that, if requested to do so, You will allow your belongings and your person to be searched. The Operator reserves the right to inspect, scan or search You and your bags at any time. Failure to submit to a security check may cause the Operator to cancel your ticket or refuse You entry without compensation.

3.14 Motor vehicles, motorbikes, skateboards, scooters, bicycles, roller blades and other equipment that may interfere with pedestrian traffic are not permitted within the Premises.

4. HEALTH AND SAFETY

4.1 Arthurs Seat Eagle is a high quality entertainment attraction in which customers travel at low speed in enclosed Gondolas. It is strongly recommended that persons with medical conditions, persons with a fear of heights or fear of enclosed spaces do not ride on the Arthurs Seat Eagle. You should seek the advice of a qualified medical practitioner if You are uncertain.

4.2 Persons with ambulatory difficulties or requiring wheelchairs must be accompanied and assisted by a capable carer or companion if assistance is required boarding.

4.3 The duration of the flight on the Arthurs Seat Eagle is approximately 15 minutes and there are no toilet or washroom facilities inside the Gondolas.

5. CHILDREN

5.1 Children aged 11 years and under must be supervised by a teacher, parent or nominated guardian/ supervisor aged 16 years and above and shall remain under their control and supervision at all times whilst on the premises, particularly whilst on, or in the vicinity of the Arthurs Seat Eagle.

5.2 If You bring children onto the Premises, You are responsible for the care, conduct and supervision of those children at all times. You are responsible for any acts committed by children whom You have brought onto the Premises.

6. PHOTOGRAPHY AND USE OF EQUIPMENT

6.1 Any videos, photographs or sound recordings taken by You whilst on the Premises must be for personal use only. Any use, re- use or production for commercial purposes, without the express written consent of the Operator is strictly prohibited.

6.2 The Premises and Gondolas are under constant video surveillance.

6.3 Your image may be captured at any time and be used by the Operator in publicity, promotional or advertising material in any format whatever, for sales of souvenir photographs or for security or other purposes, either within or outside of Victoria. By entering the Arthurs Seat Eagle and the Premises, You consent to your image or likeness being recorded and used for these purposes and You acknowledge that copyright in these materials rests with the Operator, without identification of You, compensation or payment of any kind to You.

6.4 The use of mobile electronic equipment such as telephones, radios, music players and personal stereos that may cause annoyance to other passengers is not permitted on the Premises or within Gondolas.

6.5 At the discretion of Management, additional restrictions may apply to the use of large or professional types of video or photography equipment. Use of large tripods or freestanding lighting for photographic purposes in the Gondolas is not permitted.

7. LIABILITY AND DISCLAIMER

7.1 There are inherent risks in the participation in or on any amusement device or attraction. As a passenger on the Arthurs Seat Eagle, You are accepting those risks of which a prudent person is or should be aware and are required to exercise good judgement and act in a responsible manner whilst using the Arthurs Seat Eagle.

7.2 Except as otherwise prohibited by law, You acknowledge that none of the Operator, Management and Staff are liable to You for any loss, damage, injury or any incidental, indirect, special, consequential or economic loss or damage (including loss of opportunities, exemplary or punitive damages) whether to person or to property arising out of the operation of the Arthurs Seat Eagle or your attendance at the Premises and whether arising from default, negligence, misconduct or otherwise by the Operator, Management or Staff and You indemnify the Operator, Management and Staff against all claims and liability.

7.3 In the event of a technical fault in the operation of the Arthurs Seat Eagle or in cases of severe and unexpected inclement weather, it is possible that customers may need to remain in their Gondolas for an extended length of time until the fault is rectified or the weather improves or in an extreme case, customers may require to be evacuated. In this event, the Operator, Management and Staff shall not be liable for any loss or damage, direct or indirect, howsoever arising, including without limitation, for any distress, inconvenience or anxiety caused during the course of any flight or evacuation.

DEFINITIONS

  • General Admission Ticket means a ticket purchased for a single admission on the Arthurs Seat Eagle between the daily operational hours and are not valid for any Arthurs Seat Eagle Special Events.
  • Arthurs Seat Eagle Special Event Packages means packages developed for nominated events and festivals.
  • Operator means Arthurs Seat Eagle Skylift (ABN 30 165 466 722) as the Operator of the Arthurs Seat Eagle and the Arthurs Seat Eagle Building and the Arthurs Seat Lower Station.
  • Premises means the Arthurs Seat Eagle, the Arthurs Seat Eagle Building and the Lower Station situated at 800 Arthurs Seat Rd, Arthurs Seat, Victoria.
  • Staff means the employees, agents or contractors of the Operator.
  • Arthurs Seat Eagle Building means the building situated at Arthurs Seat, Victoria.
  • Arthurs Seat Eagle Lower Station means the forecourt and surrounding area of the Arthurs Seat Eagle Building situated at Dromana, Victoria
  • Terms and Conditions means these Terms and Conditions.
  • You means the individual ticket holder or purchaser or a person entering the Premises.

PLACE OF LAW

These Terms and Conditions are governed by and shall be construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia. To the extent that these Terms and Conditions contravene the laws of Victoria, Australia and are not enforceable (or parts or parts thereof), they shall be severable without invalidating the remaining parts thereof. The Operator reserves the right to change these Terms and Conditions at any time without notice. These Terms and Conditions were last updated: July 2016.

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