CONDITIONS OF TRAVEL
Travel is valid only for the passenger named, number of persons noted and for the date and the scheduled times specified. Travel is non transferable and non refundable.
Passengers must be at the stated place of departure not later than 15 minutes prior to the stated departure time. Should a passenger fail to meet this requirement and as a consequence miss the departure, they will forfeit the full cost of their ticket.
The Company may elect to change the route and the time and place of departure and arrival. The Company will make all reasonable efforts to notify passengers of any changes. In the event of a cancellation, the Company will attempt to notify the passenger and offer an alternate date of travel or offer a refund; however the Company will not be liable for any loss or expense incurred by the passenger caused by such disruption or cancellation.
If the service is interrupted and unable to be continued, then the Company reserves the right to offer an alternative meal at a restaurant of its choice of an equivalent standard, or offer a substitute reservation at another time.
The passenger acknowledges that the Company has the sole and absolute discretion to vary the scheduled route for any reason the company considers it necessary for the safety and welfare of the tram, its passengers or its servants.
The Company reserves the right in its absolute discretion to:
i. refuse entry or eject any passenger who the Company reasonably deems their behaviour to be unacceptable;
ii. refuse to serve alcohol to any passenger in accordance with the responsible service of alcohol laws.
Changes to bookings may only be made as follows:
(a) If the notice is in excess of 7 days then changes will be at the Company’s discretion;
(b) No changes will be accepted by the Company with less than 7 days notice;
The Company is not and will not be liable for any injury or death arising from participation. If you participate in this activity, your rights to sue the Company under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonable fit for their purpose are excluded, restricted or modified. The change of your rights does not apply if your death or injury is due to gross negligence on the part of the Company. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
The passenger acknowledges that during the period of carriage, the tramcar is operated under the jurisdiction Yarra Trams or its appointed representatives and that the then current conditions of carriage issued by the said Corporation or its representatives, except insofar as they are in conflict with the conditions contained herein, shall govern the rights and duties of the passenger.
Reservation conditions shall be governed by and constructed in accordance with the laws of the State of Victoria and the passenger hereby agrees to submit to the jurisdiction of the Courts of the said State.
In these conditions the expression “Company” shall mean The Colonial Tramcar Restaurant Company Pty Ltd and its servants, agents and employees and any person or corporation which has jurisdiction over the operation of the tramcar and his or its servants or agents or employees and the word “passenger” shall mean the passengers travelling aboard or intending to travel aboard the Colonial Tramcar Restaurant. Words importing the singular or plural or masculine or feminine gender, shall where the context permits, include the plural or singular number or the feminine or masculine gender as the case may be.