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Beyond Skyway Terms & Conditions

Beyond Skyway Terms & Conditions

1.   Business Information

1.1 Business Entity: Katoomba Scenic Railway Pty Ltd trading as Scenic World Blue Mountains and its related companies operating the attraction known as the Scenic Skyway (Scenic World)

1.2 ABN: 44 000 055 372

1.3 Contact Details

Anthea Hammon

T: +61 2 47800200

E: info@scenicworld.com.au

1.4 Business address: 1 Violet St, Katoomba, NSW, 2780

1.5 Postal Address: PO Box 1042, Katoomba, NSW, 2780

 

2.   Standard Conditions of Sale

2.1 The following Terms and Conditions apply to all people (you, your, Participants) participating in a Scenic World Beyond Skyway experience (Experience).

2.2 By purchasing a ticket (Ticket) to an, or participating in the, Experience, you agree (and if you are under 18 years of age, your parent/legal guardian agrees on your behalf) to comply with these Beyond Skyway Terms and Conditions and the directions of your Beyond Skyway Crew Member. The Crew Member may refuse your participation in and/or remove you from the Experience without refund or any other form of compensation if you fail to comply with these Beyond Skyway Terms and Conditions.

2.3 Access to and participating in the Experience will be provided by your presentation to Scenic World of a confirmation email or other such documentation acceptable to Scenic World confirming the purchase of a valid Ticket. Please keep this documentation safe as a duplicate will not be issued if the Ticket is lost, deleted, stolen, defaced or illegible.

3.   Operating Restrictions

3.1 Scenic World may in its absolute discretion cancel and / or reschedule the Experience in accordance with clause 6 at any time for any reason, including after your arrival at Scenic World or during the Experience.

Examples of conditions that would cancel an Experience are:

·      Excessive wind.

·      Moderate to heavy rainfall.

·      Lightning within 5kms of Scenic World.

·      Unscheduled maintenance / other operational impact.

·      Intoxication or suspected of being under the influence of drugs

·      Excessive heat.

·      Breaches of these Beyond Skyway Terms and Conditions by Participants.

4.   Customer Restrictions

4.1 Without limiting these Beyond Skyway Terms and Conditions, you acknowledge and agree that Scenic World may refuse your participation in and/or remove you from the Experience with or without refund, if in Scenic World’s absolute discretion, such refusal or removal is required for safety reasons.

4.2 Health & fitness: Participants in the Experience represent that they have a general acceptable level of fitness for and are physically and medically fit to take part in the Experience and they must not take part in the Experience if they do not.

4.3 Participants must attend and comply with the safety briefing  provided as part of the preparation of the Experience.

4.4 There are the following physical restrictions to participate in the Experience:

Adults: A maximum weight of 136kg

 A maximum height of 193cm

 Size Restriction: As parts of the Experience include ascending through a small hatch (65cm square with a ladder intruding into the space), you must be able to fit through the hatch.  

Child: Minimum weight: 40kg

            Minimum height: 147cm

            Minimum age: 10

4.2 Children must participate with their parent or guardian.

4.3 As everyone is different, Scenic World reserves the right to refuse a person from participating if, due to their size or any other reason, they cannot be safely secured into a harness.

 

4.5 Participants (including children by their parents or guardians) agree to submit to Scenic World performing a breath test on them and agree that Scenic World may observe Participants to ensure they are not under the influence of drugs (legal or illegal). Participants will be refused participation in the Experience, without refund, if their blood alcohol concentration is 0.05% or greater, if they refuse to be breath tested or if Scenic World considers that they are under the influence of alcohol or drugs (legal or illegal).

4.6 Pregnancy: Individuals can participate up until 24 weeks pregnant and must provide a medical certificate certifying their fitness to participate. Participants must still meet the adult weight and size restrictions in clause 4.4 to ensure the Experience can be undertaken at the Participant’s stage of pregnancy.

4.7 Medical conditions: Medical conditions are different for everyone, some medical conditions may exclude persons from participating, and for others consent from your General Practitioner (GP) will be required before you can participate in Beyond Skyway. The list of conditions is available on the Medical Form. If this is the case you and your GP must complete our Medical Form which contains details regarding the physical requirements of the Experience. If you are over 75 years of age or pregnant you must also submit the Medical Form signed by your GP. The medical form must be received no later than 3 days prior to your Experience and send it to concierge@beyondskyway.com.au. The Medical Form is available to download here (add link).

4.8 Disabilities: Scenic World endeavours to make the beyond Skyway Experience accessible to as many people as possible whilst keeping everyone safe. This means there are some minimum requirements that must be met in order to be able to participate in the Experience:

·      You must be able to be secured into the Beyond Skyway harness.

·      You must be able to wear the harness and tethers weighing not more than 7kg for the duration of the Experience (maximum one hour, although this may be longer in certain circumstances).

·      You must be able to ascend and descend a step ladder with (11) steps with minimal assistance. 

·      Participants must be able to support themselves in an upright position.

If you have a disability that may impact your ability to begin and complete the Experience, please call our Beyond Skyway Concierge Team on + 61 2 47800200 in advance of purchasing a Ticket, who can discuss your specific abilities with you so we can see if we can make it work for you.  

Scenic World reserves the right to refuse participation in the Experience.

4.9 Prosthetic limbs must be attached to participate in the Experience.

4.10 Persons with diagnosed fear of heights (acrophobia) or vertigo cannot participate.

4.11 Clothing restrictions/requirements: You must wear enclosed, flat shoes. We recommend rubber soled shoes such as sports shoes or comfortable shoes with grip. Wear comfortable clothes such as active wear or shorts/tracksuit pants and t-shirt/jumper/jacket depending on the weather, additional layers may be required in cold weather such as gloves, thermals, beanies (not bulky). No skirts or dresses are allowed as a harness must be worn. Please be aware that this activity operates in an outside environment and therefore is subject to the elements, please dress accordingly. You remain responsible for any clothing or personal items and property which are taken on the Experience of which are damaged or lost, and understand that these items are taken on the Experience at your own risk.

4.12 Ensure you bring your sunglasses and apply sunscreen.

4.13 Only phones and devices that fit our restrictions (insert metrics) can be taken on the Experience.

4.14 As a helmet must be worn, a cap or beanie can only be worn if it fits under the helmet, and glasses/sunglasses must be able to be tethered to be able to be taken onto the Experience. No further items will be accepted.

4.15 We may provide each Participant with small lockable storage. We are not able to securely store large bags. Scenic World is not responsible for anything in storage or left on Scenic World’s premises which is damaged or stolen.

4.16 It is in Scenic World’s absolute discretion to provide a refund or reallocation of the Ticket to another person, if you are unable to participate due to the reasons in this clause 4.

 

5.   During Beyond Skyway

5.1 Scenic World will supply Participants with equipment for use throughout the Experience. Use of this equipment is mandatory.

5.2 Participants may take their own standard glasses (sun or prescription), their own personal cap and their mobile phone or device at their own risk, provided these items are securely attached using Scenic World’s lanyards and comply with the requirements in clause 4. At Scenic World’s absolute discretion, potentially essential medication (e.g., asthma inhalers or other medication) may be taken on the Experience but must be held by the Beyond Skyway Crew Member. While this will be done in a secure manner by Beyond Skyway Crew Member, neither Scenic World nor any Beyond Skyway Crew Member shall be responsible or liable for the medication or the administering thereof. The Participant must not take part in the Experience if they have 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 Experience.

5.3 All Participants must obey the directions and instructions of the Beyond Skyway Crew Member and must not act disruptively or disturb other participants or interfere with a Beyond Skyway Crew Member’s ability to conduct any part of the Experience in a safe and secure manner (including abiding by any social distancing requirements imposed by Scenic World) and must not damage, deface or remove any part of the Scenic Skyway or any of the equipment supplied for use on an Experience. Disruptive behaviour includes making any jokes or flippant remarks about safety or security. Scenic World retains the right to remove from an Experience any Participant who does not comply with these Beyond Skyway Terms and Conditions, without refund.

5.4 By attending Scenic World and to the maximum extent permitted by law, each Participant, customer and guest assumes all health and other risks associated with exposure (or potential exposure) to COVID-19 and releases and indemnifies Scenic World in respect to any associated claim.

5.5 Each Participant must act in a safe manner at all times and acknowledges and agrees that the Participant is responsible for their own safety, and the safety of any children or dependants of whom are under their care.

5.6 To the maximum extent permitted by law, you will not be entitled to a refund if during the Experience at the time which you are to climb out of the cabin, you choose to not to leave the Skyway cabin.

6. Beyond Skyway Gift Passes

6.1 Skyway Beyond Gift Passes are available for the cost of a Beyond Skyway experience—adults and children.

6.2 Gift Passes are non-refundable but are transferable. Gift Passes 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 Scenic World's prior written permission.

6.3 Scenic World reserves the right to discontinue the sale of the Beyond Skyway Gift Pass, but agrees to replace that discontinued product with any other item to the same value.

6.4 A Gift Pass must be redeemed within 3 years from date of purchase

7.   Refund & Exchange

6.1 Subject to clause 4, if an Experience is cancelled by Scenic World for any reason other than a breach of these Beyond Skyway Terms and Conditions, your Experience will be rescheduled, and if that is not possible you will be refunded.

6.2 Scenic World will not be liable for any other loss or expense incurred by any Participant, customer or guest in respect of Scenic World cancelling or rescheduling an Experience.

6.3 Participants must arrive promptly at the starting time of the Experience. Arriving at least 10 minutes before is recommended. If Participants are late no reschedule or refund will be provided.

6.4 If a Participant is provided with a credit this credit will be valid for 12 months from the date of issue.

6.5 If the Experience is impacted mid Experience causing the Experience to end earlier than expected the Experience will be rescheduled or a 50% refund will be issued, at the election of Scenic World.

6.6 For Participants that have purchased a flexible Beyond Skyway Experience, tickets must be cancelled or changed within 72 hours to be eligible for refund or a credit to go at another time. This must be done by emailing concierge@beyondskyway.com.au and quoting your booking reference, the booking is not changed until or confirmed until a confirmation email is received. Re-bookings must be made within 12 months of the original booking, after this time if the Experience hasn’t been used it will expire and no refund will be provided.

6.7  Tickets for the Beyond Skyway Experience are non-transferrable, non-refundable and non-exchangeable (other than permitted in clause 6.6 and these Beyond Skyway Terms and Conditions), except at Scenic World’s absolute discretion, subject to any requirement at law to the contrary, including under Schedule 2 of the Competition and Consumer Act 2010 (Cth). If Scenic World exercises its discretion to allow:

6.7.1 a refund, it will be returned to the original payment method used for purchase, excluding any booking or transaction fees, and use the exchange equivalent at point of purchase for foreign currency transactions;

6.7.2 a transfer or exchange, a per person fee may be charged.

6.8 Concession prices are available only to:

6.8.1     (i) Australian and New Zealand Government Pension card holders;

6.8.2     (ii) Pension card holders from another country who can produce a valid pension card;

6.8.3     (iii) Australian and New Zealand Student card holders; and

6.8.4     (iv) International Student Card holders,

provided that Scenic World in its discretion is satisfied with the relevant valid card produced to it.

The original valid pension card must be presented at the time of purchase

6.9 All Ticket prices quoted are in Australian dollars and are inclusive of GST. Any purchase you make will be charged in Australian dollars. You are solely liable for any currency conversion fee, including any fee charged by your credit card provider or bank.

6.10 Scenic World may contact you (including via email), collect and use your personal data and information provided for its business purposes in compliance with the provisions of the Privacy Act 1988 (Cth).

6.11 All persons on the Scenic World site or who use any attraction operated by Scenic World consent to being filmed or sound recorded for television, video, DVD, webcast, photography, social media or other public broadcast. Scenic World may use these for commercial purposes without payment to you.

7.   Waivers

7.1 Prior to your Beyond Skyway Experience the  Waiver and Release must be completed. This will be emailed to you prior to your Experience at Scenic World, and provided to you on your attendance at Scenic World.

 

8.   Scenic World’s Liability

8.1 Nothing in these Terms and Conditions 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 any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:

8.1.1 Scenic World gives no warranties, and you have no other rights, apart from those, if any, expressly set out in these terms and conditions: and

8.1.2 all implied conditions, warranties and rights are excluded.

 

8.2 Subject to clause [8.4], where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies, and cannot be excluded, Scenic World limits its liability for breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee:

8.2.1 subject to the qualifications in section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other law, to any one or more of the following (as Scenic World may determine):

8.2.1.1 the replacement of the goods or the supply of equivalent goods:

8.2.1.2 the repair of the goods;

8.2.1.3 the payment of the costs of replacing the goods or of acquiring equivalent goods;

8.2.1.4 the payment of the costs of having the goods repaired;

8.2.1.5 the supplying of the services again; or

8.2.1.6 the payment of the cost of having the services supplied again; and

8.2.2 otherwise, to the extent permitted by law.

 

8.3 You acknowledge and agree that the Beyond Skyway Experience is a recreational activity that involves an element of risk, and Scenic World therefore cannot guarantee your health and safety, or of any children or dependents that accompany you. These risks include the risk of physical injury or death, disability, the inducement or exacerbation of medical conditions, mental harm or distress (Harm). You acknowledge that your health, ability and conduct will affect such risks.

8.4 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, Scenic World excludes all liability for death or personal injury in relation to supply of recreational services.

8.5 Subject to sections [8.1], [8.2] and [8.7]:

8.5.1 to the extent the Experience is a “recreational activity”, “recreational service” or the like under any applicable law, Scenic World (and their respective directors, employees, agents, sub-contractors, associates and assignees) (the “Relevant Persons”) exclude all:

8.5.1.1 liability under any applicable statutory guarantees (including but not limited to guarantees under the Australian Consumer Law);

8.5.1.2 express or implied warranties and conditions, including without limitation that the Experience will be provided with reasonable care and skill;

8.5.2 you, and (where you are under the age of 18 years and do not have the understanding necessary to sign any Waiver and Release) the legal parent or guardian signing the Waiver and Release on behalf of you, 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 Experience;

8.5.3 the Relevant Persons will not be liable for any costs, losses, damages and expenses that may be suffered or incurred in connection you’re your participation in the Experience or their presence at Scenic World’s premises; and

8.5.4 these Terms and Conditions may be pleaded by any of the Relevant Persons in bar to any actions, proceedings, claims, demands arising out of or in connection with your participation in the Experience or presence on at Scenic World’s Premises.

8.6 Subject to clause [8.2], and despite any implication arising from any other provisions of these terms and conditions, Scenic World is not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any:

8.6.1 indirect or consequential loss or damage; or

8.6.2 loss of profits, sales, turnover, reputation (or damage to it), production, anticipated savings, goodwill, business opportunities, customers, software or data, or loss of use of any software or data, or loss under, or in relation to, any other contract; in each case, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these terms and conditions.

8.7 Nothing in this section [8] 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.

 

9.   General

9.1 These terms and conditions are governed by the laws of New South Wales.

9.2 In these terms and conditions a reference to includes or including means including without limitation.