TERMS & CONDITIONS
Terms & Conditions
Hands Up Entertainment Pty Ltd terms and conditions:
These conditions govern the supply of all tickets (including complimentary tickets) to any Events by Hands Up Entertainment Pty Lid that are issued by the Promoter, or the Promoter’s authorised ticket sellers and allow access to the venue where the Event is held (including all areas under the control of the Venue owner or hirer, the “Venue”) (“Conditions”). As the individual purchasing or holding the ticket to the Event (“you”, “your”) agree to the following Conditions. These conditions work in conjunction with the Promoter’s authorised ticket seller’s terms and conditions (“Ticket Terms”).
Throughout these Terms, the terms “Hands Up Ent., “we”, “us” and “our” refer to Hands Up Entertainment Pty Ltd and its associated entities, and “you” refers to the individual or business purchasing tickets or attending the events.
Event Booking Terms and Ticket Purchase
1.1. A list of upcoming events, and ticket prices are available on our website.
1.2. In addition to the ticket price, you must pay any booking, handling, credit card surcharge or postage fees specified on our website. GST is included in ticket price
1.3. Ticket prices are subject to change, any changes to pricing will reflect on our website.
1.4. Tickets are available to be purchased through our website or facebook event booking ticket link (directing you to the authorised ticket seller link). The only Authorised Ticket Seller platforms are Ticket Tailor and Eventbrite.
1.5. Your booking is confirmed when you receive an email notification and receipt with your electronic ticket from the authorised ticket sellers. Hands Up Entertainment Pty Ltd accepts no liability if you choose to purchase tickets from a non authorised ticket seller.
1.6 Admission to the event will be granted upon presentation of a valid admission ticket from an authorised ticket seller.
1.7 It is a condition of sale that tickets may not be offered for unauthorised re-sale, on 3rd party websites such as Faceebok, Ebay or Gumtree. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the bearer of the ticket may be refused admission.
1.8 Booking terms apply to all ticket purchases;
1.8.1 We ask guests to check weather conditions during the cruise and dress appropriately.
1.8.2 Please consider appropriate footwear for the cruise. This is not a sit down cruise, there will be some seating inside on various lounges on each level and seating on chairs around the outside of the boat.
1.8.3 No admission to Vessel after departure from wharf.
1.8.4 Times and Wharf subject to change.
1.8.5 Line up & entertainment acts subject to change.
1.8.6 Hands Up Ent. & Constellation maintains a ZERO TOLERANCE drug policy.
1.8.7 The event will continue in the case of Rain, Hail or Shine (unless deemed unsafe by management)
2. Refunds, Credits and Transfers
2.1. All ticket sales are final. For Fore Majeure Clause & Cancelled or Postponed events see clause 3 below.
For clarification, you are not entitled to a refund (this includes no transfers to another date) if:
2.1.1. you are no longer able to attend the event
2.1.2. no longer wish to attend - "change of mind"
2.1.2. you arrive late or are refused entry for any reason;
2.1.3. you did not enjoy the event.
2.2 The ability to re-issue (change the name on your ticket) may be available for a nominated fee per ticket but must follow the below procedure;
2.2.1. a request is submitted in writing to email@example.com containing your current ticket order number and requesting a name change to your ticket. You will be required to pay the $10 admin fee to complete the name change.
2.2.2. the request is submitted at least 48 hours prior to the event.
Hands Up Entertainment Pty Ltd reserves the right to refuse entry if a replacement guest arrives at the event without the ticket being transferred via this procedure.
2.3 I acknowledge that I am not (and no other person is) entitled to a refund or credit of any nature in relation to the ticket and/or ancillary items I have paid (for myself or another person), for any reason whatsoever, or in any circumstances, unless and to the extent that the Event Organiser is required to provide a refund or payment at law.
3. Event Cancellation or Postponement
3.1. Sometimes events are rescheduled or postponed due to Force Majeure Events (this includes the ongoing impacts of COVID-19).
3.2 If an Event is postponed due to a Force Majeure Event by us (this includes ongoing impacts of COVID-19), your ticket will be honoured and automatically transferred to the new date for the postponed event, if the new postponed date does not suit you can contact us within 7 days of noticed of postponement to request a refund to credit valid for 12 months from issue date.
3.3 In circumstances where the Event is cancelled with no postponement date due to a Force Majeure Event (this includes the ongoing impacts of COVID-19), your ticket will automatically be refunded to credit valid for 12months from issue date.
3.4 We will use reasonable endeavours to notify ticket holders of a cancellation, variation, rescheduling or postponement of an event by sending an email to the address provided to us by the ticket holder; however the responsibility to ascertain whether an event has been cancelled, varied, rescheduled or postponed is yours. We do not guarantee that ticket holders will be informed of a cancellation, variation, rescheduled or postponement before the date of the Event.
3.5 Should the date that the refund to credit is redeemed for be postoned due to a Force Majeure Event (including ongoing impacts of COVID-19) your ticket will be refunded to credit valid for 12months from issue date.
3.6 If you request to cancel the booking for Force Majeure reasons (this includes any reasons relating to COVID-19) your ticket is not eligible for refund, transfer to another date or credit, you can transfer the ticket to another name by contacting us at firstname.lastname@example.org.
3.6.1 Except as expressly provided in this clause 3, in no circumstances will tickets (or any part thereof) be refunded, transferred to another date or credited. A refund to credit will be your sole remedy for a postponement or cancellation of an event due to a Force Majeure Event, and we will have no further liability to you in respect of any cancellation, variation, rescheduling or postponement of an Event for any reason. Any credits issued for postponed or cancelled events that are not used within 12 months of the originally scheduled date of the postponed/cancelled Event will be forfeited.
4. Event Conduct
4.1. You are expected to behave in an appropriate manner at all Events. We reserve the right to refuse entry or require you to leave if your behaviour is deemed unacceptable.
4.2 Hands Up Entertainment Pty Ltd has a commitment to RSA and reserves the right to refuse patrons who are intoxicated or under the influence of substances. Tickets are non-refundable if refused entry.
4.3 As the Constellation is a licensed venue, entry will be refused to patrons who are intoxicated and / or disorderly.
4.4 Great Gatsby Boat Party, Constellation Cruises & Victoria Star is committed to the health and safety of all staff and guests and comply with all covid government health restrictions & mandates. This includes; requirement to check in using Service NSW/VIC app before boarding and vaccination of staff and patrons as required to be able to operate.
4.5 Hands Up Entertainment Pty Ltd. withdraws all responsibility for admittance in to venues. This is soley the responsibility of the venue and Hands Up Entertainment Pty Ltd will not be held responsible should a patron be turned away from a venue. Management Reserves all rights. As noted in clause 2.1.2 Tickets are non-refundable if refused entry to any venue.
4.6. Hands Up Entertainment pty ltd photographs and films every event. You consent to being filmed or photographed by Hands Up Entertainment Pty Ltd (or its representatives) and to Hands Up Entertainment Pty Ltd using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our events, services and products. No remuneration is payable for such use.
5. Limitation of Liability
5.1. To the extent permitted by law, we exclude all conditions and warranties relating to your purchase of tickets for and attendance at Events.
5.2. Where our liability cannot be excluded, such as in relation to Consumer Guarantees under the Australian Consumer Law or other prescribed terms under legislation, our liability for breach is limited to the face value of the ticket purchased by you, plus any relevant booking and delivery fees.
5.3 We will be excused from performance under these Terms and in relation to events to the extent such performance is affected by a Force Majeure Event.
5.4 By purchasing a ticket from Hands Up Entertainment Pty Ltd I acknowledge that I have read this waiver. I acknowledge that Hands Up Entertainment Pty Ltd is not responsible for my acts and I recognise that consumption of alcohol during the event is my own responsibility and therefore I drink at my own risk and will not seek to penalise, prosecute or claim compensation from the organisers, sponsors, guides or participants of the event for any injury, loss or damages. I acknowledge and agree that I participate AT MY OWN RISK. I understand and agree that this agreement, including the waiver of liability, is ongoing and will apply to all future occasions I participate in any events from Hands Up Entertainment pty ltd.
6.1. These Terms shall in respects be governed by the laws of New South Wales & Victoria, Australia relevant to the location of the event. You submit to the exclusive jurisdiction of the courts in New South Wales/Victoria Australia to determine any matter or dispute which arises under these Terms.
6.2. If any provision of these Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
6.3. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
6.4 In these Terms, a “Force Majeure Event” means any of the following (whether or not foreseeable or anticipated): acts of God, terrorism, war, civil unrest, strike or labour dispute, lack of transportation, breakdown, labour or material shortage, blockade or embargo, supplier failure, epidemic or pandemic, government restriction or recommendation, legal requirement, extreme weather, earthquake, drought, fire, flood, explosion, natural disaster, and/or any other event, cause or circumstance that is beyond our reasonable control.
6.5. These Terms constitute the entire agreement between Hands Up Entertainment Pty Ltd and you in relation to the Events.