TERMS AND CONDITIONS

DEFINITIONS

Guest here-on-in refers to a person who holds a reservation, paid or complimentary, for participation in the Vertigo experience.

SAFETY RESTRICTIONS

Due to the nature of this attraction, it is not suitable for guests with any of the following medical conditions to participate:

  • Neck, back, heart disorders
  • High/low blood pressure
  • Recent surgery/illness/injury
  • Other adverse medical conditions
  • You should be aware that by participating in the Vertigo experience you will be required to climb approximately 100 stairs and a 3m ladder to access the activity. If you are not capable of doing so, please advise our team upon booking and we can discuss with you alternate methods available. You should only book and participate in the Vertigo experience if you are confident that you are in good physical and mental condition.
  • You should refrain from participating in the Vertigo experience if you have a history of:
    • Seizures
    • Dizziness
    • Fainting
    • a heart condition
    • respiratory problems
    • or if you are taking a medication that carries a warning about possible impairment of physical or mental abilities.

It is your responsibility to ensure that you are fit and well enough to participate in the Vertigo experience you have booked.

Safety restrictions prohibit guests under 10 years of age from participating in this experience.

1. Vertigo’s Operating Policy (Vertigo Brisbane)

1.1. Vertigo Brisbane have the right to, at any time:

  • 1.1.1. increase, decrease, change or cancel any advertised sessions or times;
  • 1.1.2. change any advertised prices for tickets or vouchers;
  • 1.1.3. deny any person participation in Vertigo for any reason regardless of whether the person has previously purchased a ticket; or holds a voucher; and
  • 1.1.4. add to the list of non-operative days.

1.2. Vertigo Brisbane expect to operate Vertigo in all weather conditions except:

  • 1.2.1. heavy rain;
  • 1.2.2. electrical storms;
  • 1.2.3. hail storms; and
  • 1.2.4. high winds.

1.3. If Vertigo does not proceed with the scheduled seating, guests may:

  • 1.3.1. Request that they be re-booked for another session in which case they will be re-booked in order to meet the guests preference subject to availability in the desired rescheduled session, or
  • 1.3.2. Request a refund. Such a request will be entirely at the discretion of Vertigo Brisbane management. In most circumstances the guest will be offered an alternative date or credit to be used at some future time (within six months).
  • 1.3.3. No partial or full refunds will be issued unless the climb/activity is cancelled by a member of Vertigo Brisbane staff due to safety concerns. This means if a guest chooses not to complete Vertigo and removes themselves from Vertigo for any reason they will not be entitled to a refund or credit.

2. Check-in Policy

2.1. Vertigo diners must:

  • 2.1.1. check-in for Vertigo at the Check-in Premises at their defined session time, listed in their reservation;
  • 2.1.2. present proof of identification at check-in.

2.2. If a guest does not check-in in accordance with clause 2.1 of these Standard Terms and Conditions, Vertigo Brisbane may deny the person participation in Vertigo without granting a refund to the person.

3. Participation Policy

3.1. Vertigo Brisbane may deny entry to a person if their reservation was not purchased from either Brisbane Powerhouse, Experiences Brisbane or a Booking Agent.

3.2. Vertigo Brisbane have the right to refuse participation in Vertigo if a person presents a ticket or voucher which, in Brisbane Powerhouse’s or Experiences Brisbane’s opinion, is not valid.

3.3. In order to participate in Vertigo guests must:

  • 3.3.1. be a minimum 10 years of age; over 110cm height; over 25kg and under 120kg weight due to safety equipment used;
  • 3.3.2. not be pregnant
  • 3.3.3. be in the opinion of Vertigo Brisbane staff mentally competent,
  • 3.3.4. be in the opinion of Vertigo Brisbane staff physically competent; and
  • 3.3.5. sign the Vertigo Indemnity Form.

3.4. Vertigo Brisbane may require that any guest complete a test to assess their capability for participating as part of Vertigo.

3.5. All children 10-18 years of age must be always accompanied by a parent or guardian during the session.

3.6. No person will be permitted to participate in Vertigo if:

  • 3.6.1. the concentration of alcohol in their blood is higher 0.00%;
  • 3.6.2. they are in the opinion of Vertigo Brisbane staff affected by drugs whether prescribed or not.

3.7. Vertigo Brisbane have the right to breathalyse all Vertigo guests. If a guest refuses to be breathalysed, Vertigo Brisbane may deny the person participation in Vertigo and will not issue a refund.

3.8 Smoking is not permitted:

  • 3.8.1. during your Vertigo experience; nor
  • 3.8.2. on the Brisbane Powerhouse Premises except in the designated smoking area/s.

3.9. Personal items and devices including pagers and mobile phones will be stored in the Check-In facilitfor the duration of the diner’s Vertigo experience.

3.10. Vertigo Brisbane reserve the right to require any person entering its premises to submit bags, backpacks and other containers for inspection by Vertigo Brisbane staff.

4. Safety Policy

4.1. All guests must:

  • 4.1.1. wear the safety harness and any equipment provided for use during Vertigo;
  • 4.1.2. return the safety clothing and any equipment to Vertigo Brisbane immediately after their session;
  • 4.1.3. obey all directions and instructions of Vertigo Brisbane representatives and staff during their session;
  • 4.1.4. Guests must not:
    • a. carry any personal items during Vertigo including, but not limited to, camera, pagers, mobile phones and handbags,
    • b. conduct themselves in a manner which adversely affects the enjoyment or safety of other persons participating in Vertigo, and
    • c. remove or interfere in any way with any part of Vertigo or the Brisbane Powerhouse building and infrastructure.

4.2. Vertigo Brisbane will provide guests with secure storage to store backpacks, bags and other personal belongings.

4.3. Vertigo Brisbane have the right to remove any guest from Vertigo if the guest does not comply with these Standard Terms and Conditions. A refund will not be granted if a Guest is removed from Vertigo pursuant to this clause.

5. Vertigo Booking Policy

5.1. Reservations are non-refundable, non-transferable and are only valid for the booked session.

5.2. Vouchers are non-refundable.

5.3. Requests to cancel or change a booking (subject to Vertigo Brisbane management approval) incurs the following restrictions and costs:

  • 5.3.1. Requests to cancel a booking in advance of 14 days before the reservation date will incur a cancellation fee of 5%. This cancellation can be made online via links the reservation emails.
  • 5.3.2. Requests to cancel a booking within 14 days of the reservation date will incur a 100% forfeit of the reservation payment.
  • 5.3.3. Requests to change a booking within 13 days to 72 hours will incur a 5% rescheduling fee;
  • 5.3.4. Requests to change a booking within 72hrs cannot be accommodated.

5.4. Reservations must be paid for at the time of booking unless otherwise agreed by Vertigo Brisbane.

5.5. Vertigo may charge a booking fee or credit card transaction fee on the purchase of tickets.

6. Guests’ Release

6.1. Each guest releases Vertigo Brisbane, their employees and agents from liability or loss or injury to the guest from any cause, and whether due to the negligence of Vertigo Brisbane or any other person.

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

7. Vertigo Brisbane liability

7.1. Each guest indemnifies Vertigo Brisbane against:

  • 7.1.1. all losses incurred by Vertigo Brisbane;
  • 7.1.2. all liabilities incurred by Vertigo Brisbane; and
  • 7.1.3. all costs actually payable by Vertigo Brisbane to their own legal representatives (whether or not under a costs agreement) and other expenses incurred by Vertigo Brisbane 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 guest.

8. Booking Agents’ Liability

8.1. If a Booking Agent sells any Tickets or Vouchers on behalf of Vertigo Brisbane, the Booking agent indemnifies Vertigo Brisbane against:

  • 8.1.1. all losses incurred by Vertigo Brisbane;
  • 8.1.2. all liabilities incurred by Vertigo Brisbane;
  • 8.1.3. all costs actually payable by Vertigo Brisbane to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by Vertigo Brisbane 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.

9. Vouchers Policy

9.1. Vouchers will be sold for the RRP value of the Vertigo experience.

9.2. Vouchers may be used for any Vertigo standard session, subject to availability, not including sessions deemed as special events.

9.3. A Vertigo session, granted by issue of a voucher, must be booked within 36 months of the date of issue of the Voucher. Vouchers are non-refundable. (NB Vertigo to be booked within 36 months, but the session can be scheduled for any future date subject to the voucher type and availability).

10. Vertigo Brisbane’s Merchandise Policy

10.1. Vertigo Brisbane merchandise purchased from, or supplied by, Vertigo Brisbane may only be used for private or domestic purposes.

11. Resale of Tickets and Scalping Policy

11.1. Reservations may not, without the prior written consent of Vertigo Brisbane be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. Vertigo Brisbane will use reasonable efforts to notify you of such action.

12. COVID-19 Specific Conditions of Entry

12.1. You acknowledge that sessions of Vertigo may be scheduled to be held, or will be held, during a time at which one or more Government directions or regulations may be in force regarding the number of persons attending an event (or the holding of the event itself). If that is the case, then the number of persons permitted to be in or around the venue may be affected, resulting in Vertigo Brisbane being required to or deciding to:

  • 12.1.1. cancel or postpone a session;
  • 12.1.2. reduce the number of persons who may attend the session; and/or
  • 12.1.3. change your seating allocation;

12.2. Refunds and Exchanges Terms and Conditions:

  • a. Vertigo Brisbane will only offer a refund or exchange of a ticket if a session is cancelled, rescheduled or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law).
  • b. If a session is cancelled, rescheduled or significantly relocated, all liability is limited to the amount for which the reservation was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses;
  • c. Vertigo Brisbane does not offer refunds or exchanges as a result of a change in your personal circumstances, change of mind or if you are required to self-isolate or quarantine (and the event falls within the isolation/quarantine period) due to:
    • 1. being a confirmed case of COVID-19; or
    • 2. having close contact with a confirmed case of COVID-19; or
    • 3. living in or having been in a high-risk area within Australia; or
    • 4. having returned from overseas;
  • d. In addition to this, Vertigo Brisbane does not offer refunds of exchanges if you:
    • 1. are unable to travel to attend the event due to border closures or local Government area lockdowns that were not publicly known prior to the time of sale;
    • 2. have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results); or .
    • 3. are currently feeling unwell with COVID-19 symptoms;

12.3. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at a session. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.

12.4. In most cases, refunds will be automatically processed to the credit card originally used for purchase.

13. Variation to Terms and Conditions

13.1. Vertigo Brisbane may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.

14. Brisbane Powerhouse’s and Experiences Brisbane’s discretion

14.1. Vertigo Brisbane may use their absolute discretion in exercising any of the rights granted to it pursuant to these Standard Terms and Conditions.

15. Governing law and jurisdiction

15.1. The law of Queensland governs these Standard Terms and Conditions.

15.2. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.