BOOKING TERMS & CONDITIONS
These terms and conditions govern the use and purchase of our products and services offered by us (and any of our brands), where they apply to all bookings for services, and form a binding contractual agreement between you and us (“Agreement”).
References to “us”, “we”, “our”, “our brands” may include but is not limited to “Team Days”, “House of Hens”, “The Bucks Co Australia” or “The Bucks Co”, and shall mean Buttoned Up Events Pty Ltd (ACN 609 106 701) as the trustee for The Buttoned Up Events Unit Trust (ABN 85 378 266 065) (collectively “Buttoned Up Events”), whose registered office is at 105 Victoria St, Fitzroy, Victoria, Australia, 3065. This Agreement is between Buttoned Up Events and you for your booking, associated function and event management products and services (including any of our website services and facility to enter into transactions with third parties) (“Services”).
Buttoned Up Events have appointed various Activity Operators to supply products and/or services to you and may book all or part of your event or function through these Activity Operators. The legal relationship between Buttoned Up Events and the Activity Operators is that of facilitator/introducer and Buttoned Up Events is not liable for the acts and omissions of the Activity Operators. Buttoned Up Events may receive fees, commissions, gifts or financial incentives from third parties and Activity Operators. Activity Operators may have their own terms and conditions for their respective products and/or services, which you may be required to be bound by. This will represent a separate contract between you and the Activity Operator. To the extent that there are any inconsistencies between this Agreement and the Activity Operator’s terms and conditions, this Agreement shall prevail.
By using, engaging or making a booking for our Services, you confirm that you:
- are aged 18 years or older;
- have read, understood and agree to be bound by this Agreement;
- warrant that that you acknowledge and agree to be the Group Leader;
- warrant that where you are making a group booking on behalf of other individuals acknowledge that all members have been made aware of and agree to be bound by this Agreement, and that all all Group Members are aged 18 or over;
- warrant that when making a booking and elect to use Group Payments, all members have been made aware of and agree to be bound by this Agreement; and
- expressly acknowledge that as the Group Leader you are responsible for all payments for in a booking, unless all group members have made payment in full.
If you or disagree with or otherwise do not accept this Agreement including any of its terms and conditions, you must immediately cease using any of our Services where your only remedy is not to engage, use or make a booking with us.
All prices quoted are subject to availability and can be withdrawn or varied without notice. Prices are quoted in Australian dollars ($AUD) and are subject to change, which may occur by reason of matters outside our control which increase the cost of the relevant product or service by our Activity Operators or currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your consultant for up to date prices.
You should make appropriate enquiries with the Activity Operator regarding changes at the time of booking. Even where an Activity Operator permits a change, we are only able to process the change in accordance with this Change Policy.
We will try to help you make changes to your booking, although we cannot guarantee that we will always be able to do this as all changes are subject to availability, to the individual terms and conditions of the respective Activity Operators and to our Change Policy.
- If you want to change your booking in any way you must make a request to us in writing, as soon as possible (“Change Request”).
- If the Change Request can be accepted by us, we will take steps to make the change.
- If the Change Request is accepted by a respective Activity, it will be processed and applied to the entirety of the booking and to all members within the booking, upon receipt of the Change Payment.
- Where an activity is cancelled, we reserve our right not to accept it as a Change Request and to process the request in accordance with our Cancellation Policy.
- We will process your Change Request as soon as possible, and once accepted by the Activity Operator, you will be charged the applicable Administration Fee by us and the Change Fee incurred with the respective Activity Operator, which is payable immediately (“Change Payment”).
- The Change Fee is the fees and charges incurred with respective Activity Operators in accordance with the Change Request, that is determined by each respective Activity Operator according to their terms and conditions, and which may include but is not limited to: fees and extra charges that apply when tickets or documents are re-issued, administrative fees, penalties, change fees, cancellation fees, changes to the cost of the products or services including the difference between the price at the time of booking and at the time of change, the cost of any additional services in the booking, whether any discount or special offer you may have received at the time that your original booking was made has been altered, reduced or withdrawn, if such discount or special offer has since been altered, reduced or withdrawn and the applicable fee the difference or increase in price at the time of change; noting that you will only be charged the costs incurred on the day that the change is made with a respective Activity Operator (“Change Fee”).
- You agree to indemnify us for all Change Fees incurred with an Activity Operation arising from your Change Request.
- Change Payments not received by us may result in the change(s) not being applied.
ADDING A PERSON(S) TO THE BOOKING
In accordance with our Change Policy, we will accept Change Requests limited to adding a person(s) to the booking, at any time before the start of the event. The applicable Administration Fee is $15 per additional person, or name change.
OTHER CHANGES TO THE BOOKING
In accordance with our Change Policy, we will accept all other Change Requests if they are received by us before final payment has been made, and at least 30 days prior to the date of event in the booking. If your Change Request is received by us after final payment has been made, or with less than 30 days’ notice we reserve our right not to accept it as a Change Request and to process the request in accordance with our Cancellation Policy. We also reserve the right to process any Change Request for a date that is more than 3 months after the original date of the event, in accordance with our cancellation policy.
For changes to the date or location of the event in the booking subject to the above, the applicable Administration Fee is $79. For multiple changes to a booking, the applicable Administration Fee is $79 per change. For changes to a confirmed booking where final payment has been made, the applicable Administration Fee is $79 per change, plus 30% of the total value of the changed part of the original booking.
For more details on other fees and charges, please refer to our Refund & Cancellation Policy.
Refunds & Cancellation Policy
You should make appropriate enquiries with the Activity Operator regarding refunds and cancellation at the time of booking. Even where an Activity Operator permits a refund we are unable to issue any refund to you unless and until we receive the funds from the relevant Activity Operator.
No refunds are payable by Buttoned Up Events where you and/or your guests are refused entry or participation by an Activity Operator due to intoxication or use of illicit substances.
In the event where the Activity Operator permits a refund the following cancellation charges apply:
- Cancellation within 14 days from the start date of your event – 100% of deposits/monies paid will be forfeited.
- Cancellation within 21-15 days from start date of your event – All deposits paid will be forfeited plus 30% of the total booking cost
- Cancellation 21 days or more from the start date of your event – All deposits paid will be forfeited plus 20% of the total booking cost
- In any case cancelled bookings will forfeit all deposits and second payments paid to date at the time of the booking cancellation
- Cancelled bookings will incur a cancellation fee of up to 100% of the cost of the booking, regardless of whether your event or function has commenced.
- Final payment is due by no later than 30 days prior to the date of the booking event and we reserve the right to cancel any booking where payment has not been received in full by the due date, and in that event, any payments may be deemed as non-refundable.
After full payment has been made, if any individuals of your group change their mind, decide not to attend/are unable to attend all or part of the event, or are required to depart early from the event, no refund will be provided.
Fees and extra charges will apply where a booking is changed in accordance with our Change Policy.
Fees and extra charges will also apply when tickets or documents are re-issued. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.
Deposit and Final Payment
You will be required to pay a deposit when booking, such amount and timing to be advised by your consultant. All deposits are non-refundable. Final payment is required no later than 30 days prior to your event or function unless otherwise stated by us. Some services must be paid in full at the time of booking. All payments are to be made in Australian dollars.
Payments by Credit Card
Credit card surcharges will apply when paying by credit card. If for any reason any Activity Operator is unable to provide the services for which you have contracted, your remedy lies against that provider, and not against Buttoned Up Events and in the event that payment has been made to Buttoned Up Events by credit card, you agree that you will not seek to charge back your payment to Buttoned Up Events. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand. For any payment by credit card, tickets and other documentation will not be issued until authorisation has been obtained from the relevant card company. Any confirmed booking is subject to your credit card approval for the transaction. In an eventuality where your credit card is not approved we will attempt to contact you but hold no responsibility for any subsequent non provision of services in the event we are unable to establish contact with you.
Any credit card fee is charged by Buttoned Up Events as merchant and not as an agent for any other party.
Unless otherwise stated, all charges and other amounts payable are exclusive of GST. If GST becomes payable on any supply made or provided, on which GST is not payable at the date of this Agreement, you will pay us (or third party provider as the context permits) an additional amount equal to value of consideration for the supply multiplied by the prevailing GST rate.
You expressly warrant, acknowledge and agree that by making a booking, you are the Group Leader and that you are responsible for all payments arising in connection with the total booking cost. We reserve the right at our absolute discretion to decline or accept bookings made from outside Australia. Any automatic booking confirmations for such bookings are conditional, contingent on our view of any financial risks, potential ticket despatch delays, or applicable international regulations. Buttoned Up Events makes no representation that its price sales are identical to prices on individual supplier sites that may exist from time to time.
Group Payment Policy
If you elect to use the Group Payment platform (“Platform”), you acknowledge and agree to be bound by this Group Payment policy.
- By using the Platform you acknowledge and agree that you will be making a payment for the booking, and engaging our Services.
- All our bookings are for group events, and all Group Members acknowledge that by making any payment for the booking, they have expressly agreed that they must make payment of all amounts owing under the total booking cost as equally apportioned between all Group Members and the Group Leader. Neither the Group Leader or Group Members can vary, transfer, or obtain a refund for any portion of amounts paid under the booking.
- You expressly authorise the booking and you acknowledge and agree that upon payment of the deposit, you must make payment of your equal share for the total cost of the booking and that this payment cannot be varied, transferred or refunded in any way, even if you don’t participate in all items within the package on the day of the booking event.
- An additional service charge of 3.5% will be added to the total booking cost should the Group Leader elect to utilise the Platform, which applies to all Group Members and through your acceptance of these Group Payment Policy terms and conditions.
- All deposits paid are non-transferable and non-refundable.
- All payments must be processed by credit or debit card through the Platform, and in accordance with our Credit Card Payments terms.
- The Group Leader is responsible for adding all persons to the Platform at the time of booking (“Group Members”).
- The Group Leader is responsible for the booking and for ensuring that all payments in connection with the booking are collected and paid on time by the members of the group. In the event of default by any Group Member(s), the Group Leader assumes all responsibility for the total booking cost and indemnifies us against all payments due and payable to us for that booking, including to settle the balance of any invoice for the booking before the final balance due date, or issued after due to any Change Request, Cancellation or Refund in accordance with our policies. The Group Leader can also elect to pay for the whole group at any stage prior to the final payment date.
- An initial deposit of $99 is payable by the Group Leader at the time of the booking, unless otherwise agreed in writing by us.
- Once a booking is made, all Group Members must pay an initial deposit of equal value as the Group Leader within 10 days of the booking, unless otherwise agreed in writing by us.
- Following 10 days after the initial booking by the Group Leader, we will proceed to confirm the booking and details of all attendees, where the total booking cost may become varied including an increase or decrease to the group size, as it is dependent on final confirmed numbers of attendees.
- Once the booking is confirmed by us, access to the Platform will only be granted to those Group Members who have paid the deposit and been confirmed in the booking, and any other Group Members will be removed from the Platform.
- Group members understand that that the total booking cost and inclusions is subject to change even once a booking is confirmed, where the total booking cost may again increase or decrease based on the final group size and attendees and any Change Requests made after this time.
- After a booking is confirmed by us, the Group Leader and the Group Members must pay the balance owing on the total booking cost no later than 30 days prior to the booking event.
- Final payment is due by no later than 30 days prior to the date of the booking event and we reserve the right to cancel any booking where payment has not been received in full by the due date, and in that event, any payments may be deemed as non-refundable.
- A request to add additional Group Members after a booking is confirmed by us must be made by the Group Leader in writing, and the addition of additional Group Members is subject to availability in accordance with our Change Policy. Please be aware we will make every effort to accommodate your request.
- No documents or tickets relevant to the booking will be despatched until the total booking cost and all payments have been received in full.
Where your event or function incorporates overseas travel you should be aware that travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Although we are not the provider of the travel insurance, we strongly urge you to obtain travel insurance and if you decline travel insurance you may be required to sign a disclaimer. We do not provide insurance advice.
Buttoned Up Events acts as an agent only. We sell various event and function products and services on behalf of numerous transport, accommodation and other service providers, such as adventure, coach, hotel and activity operators (“Activity Operators”). Buttoned Up Events’s obligation is to make event and function bookings on your behalf and to arrange relevant contracts between you and Activity Operators. We are not the provider of such products or services (which do not form part of the Service) and our role in relation to your travel arrangements is limited to facilitating your booking and arranging event or function documentation, payments and refunds as applicable. Accordingly, we have no responsibility for these products and services nor do we make or give any warranty or representation regarding their standard, reliability, accuracy or suitability. All bookings are made on your behalf subject to the terms and conditions (including limitations of liability) imposed by these service providers and you should carefully read such terms and conditions before finalising your travel transaction as they will govern your purchase and booking. As your contract will be with the third party provider (and not Buttoned Up Events), any legal recourse or claim shall be made against the specific provider (and not Buttoned Up Events). If for any reason, any Activity Operator is unable to provide the products and services for which you have contracted your remedy lies against the provider and not with Buttoned Up Events.
You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Service. We do not endorse or recommend any particular Activity Operator and you should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Service.
To the fullest extent permitted by Australian law, we do not accept any liability of whatever nature, whether in contract, tort (including negligence) or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no control. Under circumstances where liability cannot be excluded, such liability is limited to the supply of the services again or the cost of the purchased Services paid by you. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of the Services, our site, or any other products or services accessed via our site. Buttoned Up Events shall only be liable to provide a refund to you to the extent that that it actually receives a refund from the relevant supplier or other third party.
You agree to observe and obey all rules and warnings provided, and further agree to follow any oral instructions or directions given by us our employees and/or agents. You acknowledge that there may be some inherent risk associated with the products and services you participate in as supplied by the Activity Operators. You assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the Services we provide.
You agree to pay for all damages caused to any Activity Operator facilities visited as part of the arrangements caused by your neglect, reckless or willful actions. You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the Activity Operators products and services, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following: a) the risk associated with travel to and from the venues and locations included in the Activity Operators products and services; b) intoxication and/or alcohol poisoning from the alcohol you consume; c) the possibility of bodily injury; and d) being in altercations with others (which is not condoned or tolerated by us). You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as result of your behavior and actions.
Services shall be provided without any guarantees, conditions or warranties as to their accuracy, completeness, reliability, suitability or currency and they are provided on an “as is where is” basis. Whilst Buttoned Up Events will make every effort to provide the Services to the best of its abilities in accordance with your vision for your event, Buttoned Up Events cannot and does not provide any guarantees in this regard.
To extent permitted by law, Buttoned Up Events, its directors and employees hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and (b) any liability for any direct, indirect, consequential loss or damage or lost profits incurred by you or any end user in connection with the Services, including, without limitation any liability for loss of income or revenue; loss or interruption of business; loss of profits; loss of anticipated savings; death or personal injury; loss of data; loss of goodwill; wasted management; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Event or Function Documents
Event or Function documents include (without limitation) hotel vouchers, activity vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a Activity Operator. Event or function documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Event or function documents cannot be transferred to another person to use. Any errors in names, dates and timings on your documentation will be your responsibility. It is your responsibility to collect all event or function documents from us prior to commencement of your event or function. As a general rule your event or function documents may be available for collection 2 weeks prior to the date of your event or function, however this will depend on your individual arrangements and requirements. Please contact your consultant to confirm when your event or function documents are ready for collection.
Monies Not Held On Trust
All monies paid by you to us will be the property of Buttoned Up Events and will be a debt due and payable to the Activity Operator once the corresponding services have been provided or the booking is made (whichever is earlier). You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
Intellectual Property, Software and Confidentiality
Buttoned Up Events retains copyright and all other intellectual property rights in: (a) all code, material, data, know-how and anything else generated, in course of providing (directly or indirectly) the products or services; and (b) all intellectual property rights (whether comprised within the Buttoned Up Events booking engine, portal, software, HTML code or otherwise) existing prior to the provision of the Services.
When you access any of the Buttoned Up Events website, you are using software which is owned by or licensed to Buttoned Up Events and Buttoned Up Events thereby grants you a personal non-exclusive license to use the software associated with any of our websites for the duration of your website visit and for the sole purpose of making activity, car hire or accommodation enquiries and bookings. This licence does not permit you to use our websites (or our website software) for the purpose of "carrying on a business as an event or function manager”. Any other use, commercial or otherwise, of the software or information on our websites without the express written permission of Buttoned Up Events is strictly prohibited, including any reproduction, data extraction processing or otherwise. You must not disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Service save as required by law, you shall not disclose any confidential information relating to Buttoned Up Events or its affiliates obtained during or arising out of this Agreement, to anyone (except your employees on an as need basis).
Events Beyond Our Control
We are not responsible or liable in contract, tort (including negligence) or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense, suspension, failure or inconvenience arising out of or caused directly or indirectly by any event or circumstance which is beyond our reasonable control, including but not limited to, acts of God, governmental actions, labour difficulty, war or national emergency, terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any materials, equipment, facilities or services, failure of performance provided by others, internet interruption or virus, breakdown software, hardware or communication network.
We may revise or change these terms and conditions at any time by amending this Agreement and our websites, and any amendment shall take effect from the time of posting and/or publication. You are expected to check this Agreement and our websites from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our websites. By continuing to use the Services, you agree to be bound by such revisions and changes.
This Agreement, our Services (and your booking) and any dispute or claim arising out of or in connection with the same shall be governed by and construed in accordance with the laws of Victoria, Australia and parties submit to the non-exclusive jurisdiction of that State.