Standard Terms and Conditions of Sale  
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1. Interpretation

1.1 In these Standard Terms and Conditions:

(1) Adult means a person aged 17 years or above;

(2) Booking Agent means any person authorised by SBAC to sell Tickets;

(3) Check-in Premises means 170 Main Street, Kangaroo Point, Queensland, Australia;

(4) Child means a person aged from 10 to 16 years inclusive;

(5) Climb means a climb over the Story Bridge on SBAC’s designated walkways;

(6) Climber means a person holding a valid Ticket or Voucher;

(7) Declaration Form means a form which includes, but is not limited to:

(a) statements that the Climber does not suffer from any medical condition which may prevent them undertaking the Climb such as a fear of heights, vertigo, dizziness, back or leg problems, a heart condition, epilepsy, uncontrolled asthma, vision impairment, depression, pregnancy or recent surgery; and

(b) acknowledgements that the Climber has entered SBAC’s premises at their own risk and will participate in the Climb at their own risk.

(8) Gift Certificate means a gift certificate for a Climb to be exchanged for a Ticket from SBAC;

(9) Membership Discount means a discount on the ticket price for Climbs granted to members of various clubs, associations or other entities as decided by SBAC in its absolute discretion from time to time;

(10) Non-Operative Days means:

(a) 25 December in every calendar year;

(b) the 3 days in September each calendar year allocated to the Riverfire Festival (which changes from calendar year to calendar year) and

(c) any other non-operative day determined by SBAC from time to time in accordance with clause 3.1(4).

(11) SBAC means Story Bridge Adventures Pty Ltd as trustee for the Story Bridge Adventures Unit Trust ABN 40 519 037 183 trading as Story Bridge Adventure Climb;

(12) SBAC Merchandise means any goods or services offered for sale by SBAC in relation to Climbs including, but not limited to Climbs and photographs and goods bearing an SBAC logo;

(13) SBAC Premises means any premises or land occupied or used by SBAC including the Check-in Premises;

(14) Ticket means:

(a) a ticket issued by SBAC entitling a person to participate in a Climb; and

(b) a print-out of a climb receipt emailed by, or on behalf of, SBAC to a person who has made a booking; and

(15) Voucher means a voucher for a Climb issued by a Booking Agent.

1.2 Interpretation

(1) Reference to:

(a) one gender includes the others;

(b) the singular includes the plural and the plural includes the singular;

(c) a person includes a body corporate;

(d) a party includes the party’s executors, administrators, successors and permitted assigns;

(e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

(i) that Statutory Provision as amended or re-enacted;

(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and

(iii) another regulation or other statutory instrument made or issued under that Statutory Provision; and

(f) money is to Australian dollars, unless otherwise stated.

(2) “Including” and similar expressions are not words of limitation.

(3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

(4) Headings and any table of contents or index are for convenience only and do not form part of Standard Terms and Conditions or affect its interpretation.

(5) A provision of these Standard Terms and Conditions must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Standard Terms and Conditions or the inclusion of the provision in the Standard Terms and Conditions.

(6) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.

1.3 Parties

(1) If a party consists of more than 1 person, these Standard Terms and Conditions binds each of them separately and any 2 or more of them jointly.
(2) An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
(3) A party which is a trustee is bound both personally and in its capacity as a trustee.

2. Introduction

2.1 SBAC sells Climbs, Gift Certificates and SBAC Merchandise in accordance with these Standard Terms and Conditions.

3. SBAC’s operating policy

3.1 SBAC has the right to, at any time:

(1) increase, decrease, change or cancel any advertised routes or departure times for Climbs;
(2) change any advertised prices for Tickets or Gift Certificates;
(3) deny any person participation in the Climb for any reason regardless of whether the person has

(a) previously purchased a Ticket; or
(b) holds a Voucher; and
(4) add to the list of Non-operative Days.

3.2 SBAC expects to operate Climbs in all weather conditions except:

(1) electrical storms;
(2) hail storms; and
(3) high winds.

3.3 If a Climb does not proceed, Climbers may:

(1) request that they be re-booked for another Climb in which case they will be rebooked in order to meet the Climbers preference subject of course to availability of places on the desired rescheduled Climb or
(2) request a refund.

3.4 If a Climber requests a refund pursuant to clause 3.3 of these Standard Terms and Conditions, then the refund will be granted in accordance with the procedure set out in clause 7.6.

4. Check-in policy

4.1 Climbers must:

(1) check-in for their Climb at the Check-in Premises 15 minutes before the departure time listed on the Climber’s Ticket or Voucher;
(2) present a valid Ticket or Voucher at check-in; and
(3) present proof of identification and proof of membership at check-in if the Climber claimed a Membership Discount.

4.2 If a Climber does not check-in in accordance with clause 4.1 of these Standard Terms and Conditions, SBAC may deny the person participation in the Climb without granting a refund to the person.

5. Participation policy

5.1 SBAC may deny entry to a person if their Ticket or Voucher is damaged, defaced or not purchased from either SBAC or a Booking Agent.

5.2 SBAC has the right to refuse participation in the Climb if a person presents a Ticket or Voucher which, in SBAC’s opinion, is not valid.

5.3 In order to undertake a Climb, Climbers must:

(1) be a minimum 10 years of age and over 130cm;
(2) be in the opinion of SBAC staff mentally competent;
(3) be in the opinion of SBAC staff physically competent; and
(4) sign a Declaration Form.

5.4 SBAC may require that any Climber complete a test to assess their capability for the Climb. 

5.5 One paying Adult Climber must accompany every 3 Child Climbers. 

5.6 No person will be permitted to commence a Climb if:

(1) the concentration of alcohol in their blood is equal to or greater than .05%; or
(2) they are in the opinion of SBAC staff affected by drugs whether prescribed or not.

5.7 SBAC has the right to breath test all Climbers.  If a Climber refuses to be breath tested, SBAC will deny the person participation in the Climb and will not issue a refund to the Climber.

5.8 Smoking is not permitted either:

(a) during the Climb; nor
(b) on SBAC Premises.

5.9 Personal communication devices including pagers and mobile phones are to be turned off and not made operational within SBAC’s check-in premises.

5.10 SBAC reserves the right to require any person entering it’s premises to submit bags, backpacks and other containers for inspection by SBAC staff.

6. Safety policy

6.1 All Climbers must:

(1) wear the safety clothing and equipment provided for use during the Climb;
(2) return the safety clothing and equipment to SBAC immediately after the Climb;
(3) pass through a metal detector or submit to any operating screening procedure to ensure unauthorised items are not carried onto the Story Bridge; and
(4) obey all directions and instructions of SBAC’s representatives during the Climb.

6.2 Climbers must not:

(1) carry any personal items during their Climb including, but not limited to, cameras, videos, pagers, mobile phones and handbags;
(2) conduct themselves in a manner which adversely affects the enjoyment or safety of other persons leading or undertaking the Climb;
(3) remove or interfere in any way with any part of the Story Bridge or any of the walkways used during the Climb. 

6.3 SBAC will provide Climbers with secure storage to store backpacks, bags and other personal belongings.

6.4 SBAC has the right to remove any Climber from a Climb if the Climber does not comply with these Standard Terms and Conditions.  A refund will not be granted if a Climber is removed from the Climb pursuant to this clause.

7. Booking policy

7.1 Tickets must be paid for at the time of booking unless otherwise agreed by SBAC.

7.2 SBAC may charge a booking fee or credit card transaction fee on the purchase of Tickets.

7.3 Tickets are non-refundable, non-transferable and are only valid for the booked climb .

7.4 Bookings may be changed up to 7 days prior to the date of the original booked climb.  Changes may only be made to the time or date of Climb but not to the number or identity of Climbers.  SBAC may charge an administration fee if Tickets are changed to another date or time.

7.5 Refunds will not be issued except in accordance with these Standard Terms and Conditions or as agreed in writing by SBAC.  If a refund is granted then:

(1) if the Ticket or Voucher was booked through a Booking Agent, the person who made the booking will be issued with a refund voucher for redemption with the Booking Agent;
(2) if the Ticket was brought directly from SBAC, SBAC will reimburse the person who made the booking for the cost of the Ticket.

8. Climbers’ release

8.1 Each Climber releases SBAC, its employees and agents from liability or loss or injury to the Climber from any cause, and whether due to the negligence of SBAC or any other person.

8.2 Each Climber releases SBAC from all sums of money, accounts, claims, actions, proceedings, demands and expenses which the Climber at any time may have against SBAC for or by reason or in respect of any act, cause, matter or thing.

9. SBAC’s liability

9.1 Each Climber indemnifies SBAC against:

(1) all losses incurred by SBAC;
(2) all liabilities incurred by SBAC; and
(3) all costs actually payable by SBAC to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by SBAC in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);
arising directly or indirectly as a result of or in connection with any act or omission of the Climber.

10. Booking Agents’ Liability

10.1 If a Booking Agent sells any Tickets or Vouchers on behalf of SBAC, the Booking agent indemnifies SBAC against:

(1) all losses incurred by SBAC;
(2) all liabilities incurred by SBAC;
(3) all costs actually payable by SBAC to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by SBAC in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);
arising directly or indirectly as a result of or in connection with any acts or omissions of the Booking Agent.

11. Gift Certificate Policy

11.1 Gift Certificates will be sold for either:

(1) $130.00 for an Adult Climb; or
(2) $110.50 for a Child / Concession Climb.

11.2 Gift Certificates may be used for any Climb, subject to availability and subject to clause 11.3, however if the advertised price of the Climb taken is less than the cost of the Gift Certificate the difference in price will not be refunded to any person.

11.3 A Climb, granted by issue of a gift Certificate, must be booked and taken within 6 months of the date of issue of the Gift Certificate. Gift Certificates / tickets are non-refundable.

12. SBAC Merchandise Policy

12.1 SBAC merchandise purchased from, or supplied by, SBAC may only be used for private or domestic purposes.

12.2 SBAC merchandise must not be used by any person for any commercial purpose without SBAC’s prior written approval.

13. SBAC’s discretion

13.1 SBAC may use its absolute discretion in exercising any of the rights granted to it pursuant to these Standard Terms and Conditions.

14. Governing law and jurisdiction

14.1 The law of Queensland governs these Standard Terms and Conditions.
14.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.

 15. Gift Certificate - Concession offer.  This offer is for customers who have purchased a gift certificate and received the concession offer flyer. Valid for climbs booked and taken before 28 February 2010. When making a booking with your Story Bridge Adventure Climb gift certificate, you may receive a 50% discount for any concession climbers being booked and paid for at the same time. A concession ticket is for people aged between 10 years and 16 years old, inclusive. In addition concession includes anyone over the age of 60 years old, and students with a valid student ID card. The 50% discount is off the full normal adult rate, and not a further discount off the already discounted concession tickets. IE for the $99 adult climb, the discount applies to the $99 = $49.50, and not off the regular concession rate of $84.15. This offer is subject to availability and may be withdrawn without notice.

16. CITY NEWS PROMOTION OFFER. The offer for 25% discount applies to full adult rate climbs and not concession rates. Concessions can purchase the adult rate less the 25% discount which works out lower than the normal concession discount of 15%. All climbs must be booked and climbed before the end of March 2010. City News must be mentioned at the time of making a booking. There is limited spaces on each climb at the discount rate and the offer is subject to availability. Most Saturday night Twilight Climbs are not valid with this offer, but please call to check availability.The offer may be withdrawn without notice.