Ticketing Conditions

Definitions

Interpretation

1. In the Terms, unless the context dictates a contrary intention:
   1. a reference to a clause or paragraph is a reference to clause or paragraph of the Terms;
   2. the singular includes the plural and vice versa; and
   3. a reference to dollars or $ is to Australian currency.

Generally

1. The Terms govern the purchase of tickets for the park.
2. By purchasing one (1) or more tickets you are automatically and unconditionally agreeing to be bound to the Terms.
3. Ticket prices advertised include GST.
4. Any discount measurements for tickets of any type which are advertised or communicated either in percentage or dollar/currency terms are referenced against the Gate Ticket Price for the same ticket type or nearest equivalent at that point in time.
5. Perth’s Outback Splash requests that “pop-up blockers” and “cookies” are enabled on your device when purchasing tickets through the Website to ensure your transaction proceeds correctly.

Payment Process

1. Tickets may be purchased at the entrance to the Park using the payment options provided at that time.
2. The purchase of tickets through the Website uses the Roller Payments Gateway. Their Terms can be viewed at roller.software/master-terms.
3. Third-party payment options (such as After Pay) may be offered at certain times on the Website and in such cases, the purchaser of tickets is also bound by the terms and conditions detailed under the third party’s user agreement.

Order Confirmation via the Website

After making payment for a ticket using the Website, an email will be sent to the email address nominated by you when completing the transaction, including your receipt, your tickets and other important information

You agree and acknowledge that:

1. 1. a ticket confirmation email may not be immediate;
   2. if you do not receive a ticket confirmation email after some time or if you experience an error message or service interruption after submitting payment on the Website, it is your responsibility to confirm with Perth’s Outback Splash whether or not your Ticket has been purchased. Only you may be aware of any problems that may occur during the purchase process. Perth’s Outback Splash is not responsible for losses (monetary or otherwise) if you assume that a ticket was not purchased because you failed to receive a ticket confirmation email, and
   3. it is your sole responsibility to contact us before attempting to purchase an additional ticket in these circumstances.

Using Tickets purchased through the Website

1. Following the purchase of a ticket through the Website, to gain admission to the Park you can:
   1. print out the ticket and bring it with you when attending the Park on the date specified on the ticket, or
   2. open the ticket PDF on your smartphone for QR Code scanning at the park on the date specified on the ticket.
2. If printing out your ticket prior to attending the park, please ensure that your email account is free of any restrictions to ensure receipt of the ticket PDF document attachment which is sent with the ticket confirmation email. You may need to check your spam filters or Junk mail if not received into your email account inbox. Some email providers place emails into a promotional folder etc. Please check in this location also.
3. On arrival at the Park present a printed version of the ticket or a ticket QR Code on your smartphone at the admission gate to gain entry to the park for one (1) use only.

Using tickets purchased at the park entrance or through Authorised Third Parties

1. Following the purchase of a ticket at the entrance to the Park or through an authorised third party, the Ticket may be presented at the Park on the date specified on the Ticket to gain admission to the Park, or you might need to use a code or similar to book tickets direct with the park.
2. It is your responsibility to read the instructions on each ticket purchased through a Third Party and follow any ticketing requirements.

Operating Season

1. The period during which the Park will operate for the current season (Operating Season) is published on the Website.
2. During the Operating Season, the Park is open on select dates as determined by us at our sole discretion. These dates are subject to change.
3. Tickets are valid for use as specified on the ticket or at the time of purchase, which may be a specific date, date range or on any day the Park is open to the general public during the operating season. Tickets that are not used during the operating season do not remain valid for future operating seasons.
4. Clause 1.8(c)may not apply where tickets are offered and purchased under promotion conditions, including where tickets are:
   1. for use on a specific date;
   2. purchased at discounted pricing;
   3. part of a limited offer;
   4. for a limited entry access period;
   5. are subject to conditions as otherwise stipulated during the promotion of such tickets or as part of the purchase process. In these circumstances, specific conditions may apply as to when tickets may be used to access the Park at the sole discretion of Perth’s Outback Splash staff.

Single Use

1. Each ticket can only be used for a single, once-only entry into the park.
2. Barcodes on tickets are tracked to ensure tickets are valid only for entry into the park on one (1) occasion.
3. Clause 1.9(a) does not apply to a Season Pass ticket.

Concessions

Where concession pricing is available for ticket purchase based on age, disability or other factors, suitable and valid identification must be provided by you on request by Perth’s Outback Splash confirming eligibility to claim the concession pricing. In the event discount is provided due to disability or other factors, it is your responsibility to review the Levels of Access documentation and familiarise yourself with each attraction.

Refunds and Exchanges

1. Subject to clauses 1.12 and 1.13, all ticket and season pass purchases are strictly non-refundable, non-exchangeable, cannot be redeemed for cash, and cannot be resold. Perth’s Outback Splash does not refund tickets for incorrect purchases or inclement weather.
2. Perth’s Outback Splash requests that before purchasing a ticket or Pass as a gift, you carefully consider if a Gift Card is more suitable for your circumstances.
3. Nothing in this clause seeks to limit or avoid the statutory rights provided to consumers pursuant to the Australian Consumer Law.

Fees

1. The price of a ticket purchased via the Website includes GST but excludes a fee that is calculated on a per-transaction basis (per-transaction fee).
2. At present the per-transaction fee is not added to the final total of your order on the Website. This is subject to change.

RESCHEDULE AND REFUNDS TO GIFT CARDS

Perth’s Outback Splash offers Reschedule Advantage enabling Guests to change the date of their visit.

These terms and conditions apply to any purchase of Reschedule Advantage by the Purchaser and any subsequent Application by the Purchaser to evoke the benefit of the Reschedule Advantage.

Definitions and Interpretations

Definitions

Acceptable Circumstance means any circumstance defined as such in Terms and Conditions which Perth’s Outback Splash may consider at its discretion as a basis for an Application.

Application means an application to Perth’s Outback Splash made by a Purchaser for a refund to Gift Card or re-issuance of the Ticket made in accordance with these terms and conditions.

Attendee means a person who is either:

• The Purchaser;
• Named on a Ticket; or
• An intended member of a Group.

Booking Reference Number means the reference number which the Purchaser receives when Tickets or a Group Booking is purchased on the Website.

Communicable Disease means any disease capable of being transmitted from a person or other animal to another person, either directly or indirectly.

Date of Planned Attendance means the date which the Purchaser intended to use the Ticket or Group Booking during the Operating Season for which the Ticket or Group Booking was valid.

Date of Purchase means the date the Ticket was purchased or the Group Booking was made by the Purchaser, as identified on the receipt of purchase issued by Perth’s Outback Splash.

Doctor means a qualified medical practitioner who is registered and licensed with a recognised professional body and who is not the Purchaser or a member of the Purchaser’s Immediate Family.

Emergency Services means Police, Fire and Rescue Services, Ambulance Services and other State-funded Emergency Services.

Evidence means the documentation which must be submitted with an Application as reasonably required by Perth’s Outback Splash pursuant to these Terms or as otherwise notified from time to time.

E-Ticket means a ticket permitting entry to the Park, which is purchased online using the Website, at the entrance to the Park or via an authorised third party.

Group means a group of people for which a Group Booking was made by the Purchaser.

Group Booking means a booking of Tickets for a Group made under the ‘Group Booking’ option on the Website, which can also be referred to as a Ticket Bundle on the Website.

Immediate Family means the spouse (either by marriage or by way of de facto relationship), parent, child, sibling, grandparent, stepparent or stepsibling of an Attendee.

Operating Season means the period during which Perth’s Outback Splash will operate each year as published on the Website, and subject to change without notice at Perth’s Outback Splash’s discretion.

Park means the premises located at 1635 Neaves Road, Bullsbrook, WA.

Partiesmeans Perth’s Outback Splash and the Customer, and Party means either one of them.

Purchaser means the person, organisation or entity that accesses and/or uses the Park and has purchased Ticket Protection during the E-Ticket purchase process.

Ticket means any ticket permitting entry to the Park which is purchased online using the Website, at the entrance to the Park or via an authorised third party, including tickets purchased as part of a Group Booking, and excludes any additional purchases which may be made at the time of purchase, including bookings for catering services or shelters.

Reschedule Advantage means a form of ticket protection, which is a product offered to the Customer during the E-ticket purchase process.

Refund to Gift Card refers to a refund, or partial refund being issued in the form of a digital Gift Card that may be used on the Website or if presented the Park. Note, Gift Cards are valid for 36 months from the date of issue.

Website means the web page operated by Perth’s Outback Splash where the Purchaser can purchase Tickets and Group Bookings.

Interpretations

In these terms, unless the context otherwise requires:

• the singular includes the plural and vice versa;
• a reference to a clause is a reference to a clause of these terms;
• a reference to a party to these terms or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
• headings are for ease of reference only and do not affect the meaning or interpretation of these terms;
• any translation of these terms and conditions from English is for assistance and information only and do not affect the meaning or interpretation of these terms.

General

• Reschedule Advantage allows the Purchaser to reschedule their booking online or in acceptable circumstances, with the required evidence, make an application to Perth’s Outback Splash for a Refund to Gift Card to the value of the Ticket or Group Booking purchased.
• Reschedule Advantage is only valid for the Operating Season for which the Tickets or Group Booking were purchased. At the conclusion of the Operating Season, all products purchased for that Operating Season become invalid.

Acceptable Circumstances

• The Purchaser may only make an Application to Perth’s Outback Splash for a re-issuance of a Ticket or Group Booking if the Purchaser can provide sufficient evidence that an Acceptable Circumstance has occurred which has made it impossible or impractical for the Purchaser or an Attendee or Group to use the Ticket or Group Booking.
• The Acceptable Circumstances for a refund to Gift Card or re-issuance of a Ticket or Group Booking detailed in this clause are considered by Perth’s Outback Splash on an entirely discretionary basis and are not to be taken as a guarantee.
• Each Acceptable Circumstance carries with it a requirement to provide certain Evidence, as follows and as reasonably requested by Perth’s Outback Splash, to be determined by Perth’s Outback Splash on a case-by-case basis:
• Illness or Injury, meaning an illness or accidental injury to an Attendee, or an illness or accidental injury to an Immediate Relative of an Attendee.
  • Evidence required:
    • A note or medical certificate from a Doctor which confirms the details of the Illness or Injury, the date of the Illness or Injury, and a statement that the Illness or Injury prevents the Attendee from attending for the duration of the Operating Season for which the Ticket or Group Booking is valid; and
    • Proof of the relationship between the Attendee and the Immediate Relative (where applicable).
• Pregnancy Complication, meaning a medical complication associated with pregnancy that the pregnant person was unaware of at the Date of Purchase which has the effect of causing the pregnant person to be unable to use the Tickets for the duration of the Operating Season for which the Ticket or Group Booking is valid.
  • Evidence required:
    • A note or medical certificate from a Doctor which confirms the details of the Pregnancy Complication, the date of the Pregnancy Complication, and a statement that the Pregnancy Complication prevents the Attendee from using the Ticket for the duration of the season for which the Ticket or Group Booking is valid.
• Death, meaning the death of an Attendee any time prior to the end of the Operating Season for which the Ticket or Group Booking is valid.
  • Evidence required: A Death Certificate.
• Death of Immediate Family Member, meaning the death of an Immediate Family Member of an Attendee.
  • Evidence required:
    • A Death Certificate; and
    • Proof of the relationship between the Attendee and the Immediate Relative (where applicable).
• Public Transport Failure, meaning the unexpected disruption or failure of the public bus, train, tram or ferry network which is not foreseeable prior to the Date of Planned Attendance.
  • Evidence required:
    • Confirmation of failure or disruption of the public transport network; and
    • Proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Flight Disruption, meaning a cancellation or delay of more than five (5) hours of a flight which the Purchaser was unaware of at least 24 hours prior to the Date of Planned Attendance, which prevents an Attendee from attending on the Date of Planned Attendance.
  • Evidence required:
    • The relevant airline ticket;
    • a notice of cancellation or delay of the flight issued by the airline; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Mechanical Breakdown, meaning the mechanical breakdown, accident, fire or theft of a personal vehicle within the 24 hours prior to the Date of Planned Attendance.
  • Evidence required:
    • A copy of the call out note from a state or national breakdown recovery service; and/or
    • an incident number or report from the police or a relevant traffic authority; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Home Emergency, meaning a burglary, fire, malicious damage or flood at the main private residence of the Attendee within the 48 hours prior to the Date of Planned Attendance.
  • Evidence required in the case of burglary, flood or malicious damage:
    • a police incident number or evidence from the submission of a claim to the relevant insurance company; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
  • Evidence required in the case of a fire:
    • a report from the fire service and/or police; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Theft or Loss of Documents, meaning the theft or loss of a document necessary for the utilization of the Ticket or attendance on the Date of Planned Attendance, which cannot be replaced in time for the Date of Planned Attendance and an alternative date cannot be practically chosen nor attended.
  • Evidence required:
    • A police report or incident number to confirm the theft or loss dated within 24 hours of the theft or loss taking place; and
    • an email or similar written notice from the document provider, Booking agent or other similar entity confirming they are unable to replace or re-issue the documents, tickets or otherwise before the Date of Planned Attendance; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Relocation for Work, meaning a requirement to move addresses for a minimum period of 3 months which is imposed on Attendee by their current employer, which was not foreseeable prior to the Date of Planned Attendance, and which makes the travel requirement to attend the Park on the Date of Planned Attendance unreasonable or impractical.
  • Evidence required:
    • A letter from the Attendee’s current employer confirming the relocation details;
    • evidence of living at the new address such as rates, utilities or banking details; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Jury Service, meaning a summons for an Attendee to attend Jury Service over the Date of Planned Attendance or Booking date of which they were unaware as at the Date of Purchase.
  • Evidence required:
    • a copy of the letter from the Sheriff’s Office summoning you to Jury Service; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Court Summons, meaning a summons received by an Attendee which required them to appear as a witness in court proceedings on the Date of Planned Attendance, of which the Attendee was unaware of as at the Date of Purchase.
  • Evidence required:
    • a copy of the Summons; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Armed Forces and Emergency Services Recall, meaning where an Attendee is a member of the Armed Forces, Reserve Armed Forces or Emergency Services and is recalled to work on the date of planned attendance or Booking date or is posted overseas and cannot attend or make suitable arrangements for an alternative date within the Operating Season.
  • Evidence required:
    • A note from the relevant Commanding Officer or Line Manager to confirm that the Attendee was called into work or duty and that this was not their original schedule.
• Changes to Examination Dates, meaning a change to the date of an examination that an Attendee must attend, which was unforeseeable as at the Date of Booking.
  • Evidence required:
    • A copy of the notice from the examination body, school, college, university or similar confirming the change of examination date; and
    • proof that it would be impractical or impossible to use the Ticket for the remainder of the Operating Season for which the Ticket or Group Booking is valid.
• Other Emergency Circumstances, meaning any other unforeseen circumstance which is completely outside the control of the Purchaser and of no fault of the Purchaser and which completely prevents an Attendee from attending on the Date of Planned Attendance.
  • Evidence required:
    • any evidence reasonably requested by Jamberoo Action Park to verify the Other Emergency Circumstances.

Unacceptable Circumstances

Perth’s Outback Splash does not offer reschedule of Tickets or refund to Gift Card for circumstances including but not limited to:

• Any Communicable Disease pandemic or epidemic, including COVID-19, and any laws, public health policies or other restrictions resulting from a Communicable Disease pandemic or epidemic;
• Where the booking is cancelled or postponed by a third party organizer;
• Where the booking was made by mistake or where the Tickets are no longer wanted;
• Where insufficient Evidence is provided that the person affected was an intended Attendee;
• Where insufficient Evidence is provided as required by the Acceptable Circumstances or otherwise reasonably requested by Perth’s Outback Splash;
• Inclement or adverse weather;
• Natural disasters including but not limited to fires and floods;
• Heavy traffic or road closures; and
• Where illegal behaviour has caused the circumstances which have caused the Purchaser to make an Application.
• Perth’s Outback Splash will refuse to refund to Gift Card where it is evident that the reason for requesting the refund or re-issuance was foreseeable as at the Date of Purchase.
• Where the purchaser failed to read and/or understand the rules and requirements for each attraction, including height and weight requirements.

Applications

• A Purchaser may reschedule their tickets online provided it is before the cut off period.
• Group Bookings may make an application to Perth’s Outback Splash to request a reschedule of their Group Booking email to info@outbacksplash.com.au. Reschedule applications may be submitted for the booking as a whole, not available for individual tickets.
• A Purchaser may make an Application to Perth’s Outback Splash to request a refund to Gift Card of their Ticket or Group Booking via email to info@outbacksplash.com.au where an Attendee will not be able to use the Ticket or during the entirety of the Operating Season for which the Ticket was purchased as a result of an Acceptable Circumstance.
• In the event your Application is submitted via email, it must include:
  • The Date of Purchase;
  • The Booking Reference Number;
  • A description of the Circumstances which have resulted in the making of the Application;
  • An election to seek a refund or a re-issuance; and
  • Any Evidence required by the Acceptable Circumstances.
  • Perth’s Outback Splash will not assess any Application or process any refunds to Gift Cards or re-issuances of a Ticket or Group Booking after the conclusion of each Operating Season.
  • Perth’s Outback Splash may request any further Evidence as it deems necessary to assess an Application.

Refunds to Gift Cards

• Perth’s Outback Splash does not facilitate refunds, other than refunds to Gift Cards in line with the aforementioned conditions.
• Perth’s Outback Splash is under no obligation to issue a refunds or refunds to Gift Cards for any reason.
• Gift Cards are valid for 36 months from the date of issue.

Re-issuance of Tickets

• Tickets re-issuance is only available for dates within the current Operating Season and cannot be re-issued to a date in subsequent Operating Seasons.
• Perth’s Outback Splash is under no obligation to re-issue a Ticket or Group Booking for any reason.
• All changes to tickets online are subject to the set. Cut off dates and product availability.

Exclusions and Limitation of Liability

Under no circumstances is Perth’s Outback Splash liable or responsible in any way to the Purchaser or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any discrepancy in any Ticket or Reschedule Advantage or any determination of Perth’s Outback Splash under these Terms and Conditions. This includes the form, content and timeliness of any delivery or communication, error, omission or defect including, without limitation for and in relation to any of the following:

• Any Ticket supplied to the Purchaser;
• Any delay in providing a response to an Application;
• Any delay in processing a refund to Gift Card; or
• Any delay in re-issuing a Ticket.
• These Terms and Conditions do not alter the exclusions and limitations of liability as contained within Perth’s Outback Splash’s General Terms and Conditions.
• All Applications, including the provision of any Evidence required by these terms and conditions or otherwise requested by Perth’s Outback Splash, are made at the Purchaser’s expense. Perth’s Outback Splash will not reimburse the Purchaser for any expenses incurred in making an Application.
• The Australian Consumer Law may give to the Purchaser certain consumer guarantees which cannot be restricted, limited or varied.

Amendments

Perth’s Outback Splash is at liberty to amend these Terms and Conditions at any time without providing notice to the Purchaser.

Miscellaneous

• Reschedule Advantage is offered as a convenience only and Perth’s Outback Splash is under no obligation to re-issue a Ticket or Group Booking for any reason.
• If any provision of these terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect to the fullest extent possible.
• No failure or delay by Perth’s Outback Splash in exercising any right, power or privilege under these terms and conditions will impair the same or operate as a waiver of the same. No single or partial exercise of any right, power or privilege precludes any further exercise of the same or the exercise of any other right, power or privilege.

Limits on sale of Tickets

1. When purchasing a ticket you may be limited to a number of tickets in a single transaction and this will depend on the type of ticket purchased and may change over time.
2. We discourage unfair ticket buying practices and reserve the right to cancel any orders where we suspect such practices have occurred, including where we know, or reasonably suspect, automated means have been used to purchase tickets. Use of automated means to purchase tickets is strictly prohibited.

Resale of Tickets

1. Tickets should be purchased from the Website, at the entrance to the park, and from authorized third parties only.
2. Tickets may not be resold or offered for resale without the prior written consent of Perth’s Outback Splash.
3. If a ticket is sold or used in breach of this clause, the Ticket may be cancelled without a refund to Gift Card and the holder of the ticket may be refused admission to the Park.

For Season Passes

A Season Pass to Perth’s Outback Splash entitles the member to unlimited entry into the park during normal operating hours.

Outback Splash reserves the right to alter trading hours and should the park need to close on any individual days throughout the season, there will be no consideration made for Season Pass Members.

Under no circumstance are Season Passes are transferable, refundable, or redeemable for cash.

Priority Entry is valid for entry into Perth’s Outback Splash and not valid for rides or attractions. Priority Entry is open during peak times at the discretion of Perth’s Outback Splash.

A valid Season Pass must be presented upon entry into the park. Season Pass Members will not be allowed to enter without their Pass or digital membership. Replacement Season Pass cards may be issued at a cost of $5 should you wish.

Season Pass Members must supply a photo for identification purposes. Season Passes being purchased for children must be purchased by an adult. Season Passes cannot be purchased in conjunction with any other discount, voucher or special offer.

Season Pass Terms and Conditions may be subject to change, in this event members may be notified by email. No refunds or extensions to Season Passes will be issued as result of any forced closure from any Government restrictions.

Failure to adhere to any Terms and Conditions or directions of Perth’s Outback Splash Team Members may lead to suspension or cancellation of Season Passes. Perth’s Outback Splash reserves the right to cancel Season Passes at their sole discretion. Adherence to Perth’s Outback Splash standard Conditions of Entry.

Discount/Promotional Vouchers must be presented alongside your current Season Pass card, listed Season Pass holder must be present.

Discount/Promotions are strictly valid for the period stated on the voucher, unused vouchers cannot be exchanged, extended, or refunded. Lost or stolen vouchers cannot be replaced. Discounts are always applied to the full value of any item and are not valid in conjunction with any other discount or offer.

The Outback Splash Team reserves the right to exercise discretion over any special offer, coupon, discount voucher, ticket or the like where the application of that offer is not covered by this voucher and ticket policy.

Splash Cash refers to funds added to a Season Pass holder’s membership card and is valid for use exclusively on-site. Online usage or for reservations (tickets, huts, or cabanas) is not permissible.

To utilise the Splash Cash, the Season Pass holder must personally present the membership card bearing the funds during the time of transaction. Splash Cash is valid for purchases pertaining to food, beverages, and merchandise.

Any remaining Splash Cash balance is non-refundable. However, balances persisting at the Season Pass’s expiration can be carried over to subsequent seasons, provided the original membership card is presented. In the event of misplacement or theft of a Season Pass card, any preloaded Splash Cash is forfeited. Outback Splash Team holds the right to employ discretion regarding the utilisation of Splash Cash in instances not delineated by this policy.

For Group Bookings Made outside the website (non E-Ticket)

1. Group bookings require a minimum of 20 paying guests (Aged 4 years and over)
2. Your booking is tentative and will only be considered Confirmed upon receipt of a deposit payment as requested by the Outback Splash Team.
3. Deposit Payment to secure Booking – a deposit of 25% of the value of the booking plus and hut/cabana hire fee is required within 7 days of you having tentatively confirmed the booking. Payment of the deposit implies acceptance of these terms and conditions.
4. Final Confirmations – Final Guest numbers and catering details are required a minimum of 14 days prior to your booking and full payment for the remainder if the booking must be received no less than 10 days prior to the date of your booking. After the 14-day finalisation, a reasonable increase to tickets, catering or hired items may be made, subject to approval and availability. Payment for any additions is required a minimum of 2 days prior to the date of the booking.
5. All payments are non-refundable and non-transferrable.
6. Outback Splash does not offer refunds, other than to the extent required under Australian Consumer Law. In which case, Outback Splash’s liability will be limited to rebooking your event to an alternate date or providing a credit to the value of the amount paid.
7. Outback Splash accepts no responsibility for any claim, losses or damages in respect of bookings and booking deposits, including where: (1) you have changed your mind; or (2) you are unable to host your booking for any reason outside of the control of Outback Splash, including (but not limited to) as a result of Outback Splash being closed due to government restrictions, or a cause independent of human control (weather etc.)
8. Failure to meet any of the deadlines may result in the booking being cancelled and the forfeiting of any payments made.
9. Ticketing – Upon receipt of your final payment, tickets will be sent via email to your nominated email address for you to distribute to your Guests accordingly. Please ensure you allow plenty of time to distribute tickets and vouchers to your Guests. Group tickets are date specific, unredeemed tickets are non-transferable and non-refundable. Lost or stolen tickets cannot be replaced. Additional tickets cannot be purchased at the discounted group rates on the day of the event, standard admissions ticket pricing will apply.

Catered Functions, Food and Beverages

1. Minimum 25 persons required for Catered Functions. Bookings essential. Every endeavour is made to maintain prices as printed but may be subject to change without notice.
2. While Guests are permitted to bring small picnics and snacks into the venue, fast food (commercially prepared foods) and external catering is not permitted. Outback Splash is strictly a glass free venue.
3. Alcohol – Outback Splash is a fully licenced venue; BYO alcohol is not permitted. Perth’s Outback Splash offers pre-booked beverage packages and alcohol is available at the discretion of the park from certain outlets based on seasonality and according to the conditions of the Liquor Licence.

Birthday Parties

1. Birthday party bookings require a minimum of ten (10) full paying children aged between 4 and 13 years of age. Season Pass holders and children aged 3 years and under are not counted towards the minimum requirements.
2. Each birthday party booking includes two (2) complimentary Adult (14+ yrs.) tickets, all additional adults/parents attending are required to purchase and entry ticket, discounted rates apply.
3. Your booking is tentative and will only be considered Confirmed upon receipt of a deposit payment as requested by the Outback Splash Team.
4. Deposit Payment to secure Booking – a deposit of 50% of the value of the booking plus and hut/cabana hire fee is required at the time of booking. Payment of the deposit implies acceptance of these terms and conditions.
5. Final Confirmations – Final Guest numbers and catering details are required a minimum of 10 days prior to your booking and full payment for the remainder if the booking must be received no less than 7 days prior to the date of your booking. After the 10-day finalisation, a reasonable increase to tickets, catering or hired items may be made, subject to approval and availability. Payment for any additions is required a minimum of 2 days prior to the date of the booking.
6. All payments are non-refundable and non-transferrable.
7. Outback Splash does not offer refunds, other than to the extent required under Australian Consumer Law. In which case, Outback Splash’s liability will be limited to rebooking your event to an alternate date or providing a credit to the value of the amount paid.
8. Outback Splash accepts no responsibility for any claim, losses or damages in respect of bookings and booking deposits, including where: (1) you have changed your mind; or (2) you are unable to host your booking for any reason outside of the control of Outback Splash, including (but not limited to) as a result of Outback Splash being closed due to government restrictions, or a cause independent of human control (weather etc.)
9. Failure to meet any of the deadlines may result in the booking being cancelled and the forfeiting of any payments made.
10. Ticketing – Upon receipt of your final payment, tickets will be sent via email to your nominated email address for you to distribute to your Guests accordingly. Please ensure you allow plenty of time to distribute tickets and vouchers to your Guests. Birthday Party tickets are date specific, unredeemed tickets are non-transferable and non-refundable. Lost or stolen tickets cannot be replaced.

For School Bookings made Outside the website (non E-Ticket)

1. Packages and rates applicable to Government, Independent or Catholic Schools. Not available to School or Home School Groups outside of this.
2. Supervision ratios are as outlined in the relevant package brochure. Additional supervisors will be charged accordingly.
3. It is the responsibility of you, the School, to ensure adherence to The Excursion Management Plan, and to have a sound understanding of the School Risk Assessment.
4. School Excursion bookings are valid weekdays during the West Australian Government School Term only. Not valid on public holidays, school holidays or weekends.
5. School groups require a minimum of twenty (20) paying students. In the event that the group number falls below the minimum requirement, charges will apply up to the minimum number of 20 students.
6. School Group Special Payment Terms:
   1. A deposit may be required to be paid within 14 days of making your booking to secure your booking and/or your booking date.
   2. Final confirmation of numbers is required a minimum of 2 weeks prior to the date of the booking. Final confirmation of numbers is required a minimum of 3 weeks prior to the date of the booking for booking dates occurring within the last 4 weeks of Term 4. Minor adjustments can be made on arrival on the day.
   3. Payment of any outstanding balances is required either on arrival on the day via cash, eftpos or credit card. Invoices can be issued for payments via bank transfer, invoice terms strictly 2 days. All payments are non-refundable and non-transferrable.

For Vacation Care Bookings made Outside the website (non E-Ticket)

1. Vacation Care Packages and rates applicable to Vacation Care Groups registered with an ABN. Groups or Home School Groups outside of this do not qualify for the excursion packages.
2. Supervision ratios are as outlined in the relevant package brochure. Additional supervisors will be charged accordingly.
3. It is the responsibility of you, to ensure adherence to The Excursion Management Plan.
4. Vacation Care bookings are valid only for booking dates falling Monday to Friday during school holiday periods, excluding Public Holidays.
5. Vacation Care packages require a minimum of twenty (20) children age 4-13 years of age. In the event that the group number falls below the minimum requirement, charges will apply up to the minimum number of 20 students.
6. Vacation Care Group Special Payment Terms:
   1. Deposits are not required for Vacation Care Groups
   2. Final Numbers are required 3 weeks prior to the date of the booking.
   3. Payment for bookings is required in advance OR on arrival on the day:
      1. Advance Payments (payment via invoice) must be received a minimum of 1 week prior to the date of the booking. Invoicing is not available on arrival on the day. Refunds are not available for decreases in numbers for pre-paid bookings.
      2. Payment on arrival is available by cash or credit card only. If paying on arrival, minor adjustments to final numbers are permitted prior to making payment. All payments are non-refundable and non-transferrable.

VOUCHER & TICKET POLICY

Unless otherwise explicitly stated on the voucher or ticket, the following conditions apply to the use and redemption of special offers, coupons, discount vouchers, online tickets, and the like at Perth’s Outback Splash.

• Vouchers and tickets cannot be redeemed after the expiry date. Unused vouchers and tickets cannot be refunded.
• Vouchers and tickets cannot be exchanged for cash or any other goods or services other than what is specified on the voucher/ticket.
• Only one voucher or special offer may be claimed over a single transaction (please note that the Mini Group Pass is considered to be a discount offer; no further discount can be applied to this entry type).
• Discounts are always applied to the full value of any item.
• Where a ‘buy one, get one free’ voucher is concerned, the ‘free’ item cannot exceed the value of the ‘paid’ item.
• No discounts can be applied to online tickets other than those automatically applied during promotional periods.
• The Outback Splash Team reserves the right to exercise discretion over any special offer, coupon, discount voucher, ticket, or the like, where the application of that offer is not covered by this voucher and ticket policy.
• Gift Certificates purchased online or in person are non-refundable.

Variation to Rides / Activities at the Park

1. Occasionally, attractions or aquatic activities at the Park may be closed due to the need for sudden maintenance or repairs, emergency, or other unforeseen circumstances.
2. Perth’s Outback splash reserves the right to close or limit access to rides or activities at the Park where this is reasonably necessary at our sole discretion.
3. You agree and acknowledge that the closure of a certain ride or activity does not present grounds for discount, rescheduled tickets or a refund to Gift Card for tickets.

Errors

1. Perth’s Outback Splash takes care to ensure our tickets are correctly priced and the Website operates without error when you purchase a ticket. However, sometimes errors may occur when purchasing a ticket.
2. We may, at our sole discretion, cancel any ticket purchase affected by an error in the pricing of tickets or of the website.
3. In such circumstances, we will endeavour to contact you to give you the option of purchasing a Ticket once any error has been resolved.

Privacy

1. We collect personal information during the ticket purchase process. This information may be used to provide you with news or special offers from Perth’s Outback Splash and associated businesses.
2. Any information collected will be governed by Perth’s Outback Splash’s Privacy Policy.

Conditions of Entry

General Conditions

1. By purchasing one or more Tickets, and/or by entering the park, you are agreeing to be bound to the Terms. If you do not agree you should not purchase one or more Tickets and should not access and/or use the Park.
2. The price paid (inclusive of GST) when purchasing a ticket includes entry to the park and the use of all rides and attractions but strictly excludes food, drinks, merchandise, barbeque usage, and hut or shelter reservation.
3. Perth’s Outback Splash implements a strict no-refund policy and does not refund for incorrect purchases or for inclement weather under any circumstances. Please refer to Perth’s Outback Splash’s Reschedule Assurance information for ticket holders who purchased this on the Website.
4. Perth’s Outback Splash’s Reschedule Assurance is subject to the terms and conditions and refund to Gift Card application process contained under point 1.13 of this document.
5. Perth’s Outback Splash reserves the right to refuse entry to the park or remove you from the park for conduct including:
   1. any non-adherence to or breach of the Terms;
   2. failing to follow staff or signage instructions;
   3. anti-social behaviour (including unsocial language);
   4. violence;
   5. theft;
   6. vandalism;
   7. intoxication;
   8. use or influence of illicit substances;
   9. bringing alcohol or drugs of any type into the park or attempting to do so;
   10. bringing weapons, glassware, or sharp objects into the park;
   11. inappropriate use of any image or video recording device at the park;
   12. use of any image or video recording device in any change room or bathroom;
   13. inadequate supervision of persons under your care; and
   14. queue line jumping.
6. Smoking, vaping and the use of e-cigarettes is only permissible in the designated smoking area outside of the park.
7. Perth’s Outback Splash is a licenced venue; BYO alcohol is not permitted. As this is a family-orientated park, please be discreet with your use of alcohol and only drink within licensed areas.
8. No alcohol is permitted on the water attractions; please adhere to signage and instruction.
9. Perth’s Outback Splash conducts ‘Eski checks’ and reserves the right to inspect or search a person and/or their possessions for security purposes at the time of entry into the park and at any time they remain at the park.
10. No animals may be brought onto the park, with the exception of animals for disability assistance which may be permitted entry at the discretion of park management.
11. No sporting equipment, or other recreational devices may be used in the park where, Perth’s Outback Splash, in its sole discretion, believes it will interfere with the reasonable enjoyment of other patrons of the park, threaten the safety of other patrons or impede or distract staff
12. Use of inflatable pool toys at the discretion of the Lifeguard.

Appropriate Swimwear and Dress

1. Appropriate swimwear must be worn at all times when using aquatic activities in the park. Appropriate swimwear materials include nylon, tricot, spandex, lycra, and acetate. You cannot use water attractions in in loose or unsecured clothing, denim, underwear, brassieres, briefs, or bikini underwear such as g-strings.
2. Failure to wear appropriate swimwear when using aquatic activities at the park may result in your removal from the park.
3. You may not wear clothing or otherwise display by other means anything that may, in Perth’s Outback Splash’s sole discretion, contain obscene, foul, profane, offensive, illegal, or otherwise unacceptable language, statements, photographs, images, symbols, or other representations.

Photography and Videos

1. Photographs and videos taken by you when at the Park or of the Park may be used solely for personal uses or enjoyment.
2. You agree not to use, reuse, produce or distribute any photographs or videos taken at the Park or of the Park for any commercial purposes without the prior written authorisation or consent of Perth’s Outback Splash.
3. The use of drones and gopro’s is not permitted in the park.
4. By entering, you agree and acknowledge that Perth’s Outback Splash may photograph and/or record you at any reasonable time for:
   1. security purposes;
   2. for use in promotional activities;
   3. any other purpose reasonably necessary to the operation of the Park and the provision of services by Perth’s Outback Splash.
5. You agree and acknowledge that your image and likeness may be used for the abovementioned purposes and waive any right to compensation or payment for the use of your image or likeness in these circumstances. Such images and recordings are the sole property of Perth’s Outback Splash.

Health and Physical Requirements

1. To ensure the safety of you and Perth’s Outback Splash staff, some activities may, as determined by the manufacturer, enforce age, height, weight limits, and/or clothing requirements. Please refer to the requirements displayed on signage at the park or the website for specific details.
2. Perth’s Outback Splash strongly recommends that should you be pregnant or suffer from head, neck, back or bone injuries, heart or lung conditions or physical/intellectual limitations please seek advice from a medical practitioner as to the appropriateness of rides and activities at the park and reconsider the use of activities within the park as stipulated by staff and /or signage.
3. You acknowledge that you engage or take part in any activities or rides at the Park at your own risk and note our recommendations in the preceding clauses 2.4 (a)-(b).
4. Patrons should not to use any pool, ride, or attraction at the park if they have had diarrhea in the previous week and suggests that before entering any pool, ride or attraction at the park patrons use the toilet and shower facilities throughout the park.
5. All patrons must wear appropriate swimwear and toddlers/young children and nappy dependent persons must wear waterproof tight-fitting nappy/pants over their swimmers. Toddlers/young children and nappy dependent persons should be taken frequently to the toilet, by, but not limited to, parents/guardians or carers who should wash their hands with warm water and soap and dry their hands immediately after a nappy has been changed.
6. To keep Perth’s Outback Splash patrons and staff safe and reduce the risk of disease transmission such as Covid-19 transmission, you are not be permitted to enter the park if you have presented with flu-like symptoms (or a related illness) in the last 72 hours including but not limited to cough, fever, sore throat, fatigue, loss of sense of taste or smell, or shortness of breath.
7. All attractions operating policies are created in support of Australian Standard 3533.2. For this reason, loose items are strictly prohibited on many park attractions. Specifically, and in addition to other loose items and articles of clothing, no jewellery, watches, sunglasses, prescription glasses, belts, or denim can be worn on any water slide. Any items concealed by Guests in breach of the park’s operating policies are done so at the sole risk of the Guest and without any liability toward Outback Splash.
8. Prior to using an attraction, it is the responsibility of the Guest to ensure they are not in breach of operating policy. This can be done by reading signage located at each attraction, at outbacksplash.com.au or verbally inside Outback Splash with a member of the Team who is equipped to provide the correct information.

Supervision and Responsibilities

1. You acknowledge that the park is located on land in various stages of development and repair.
2. You must be 14 years and older to enter the park if unaccompanied by an Adult (16 years and older). Guests entering the park unsupervised will need to present Identification before entry.
3. You must obey all reasonable written and verbal instructions and warnings given by Perth’s Outback Splash and its staff without objection.
4. You agree and acknowledge that, if you are a guardian of a child/children, it is your responsibility to assess the swimming abilities and limitations of the child/children under your care.
5. The park has pools which range in depths up to 1.3 metres, and as the parent or guardian of a child/children or persons who may or may not swim satisfactorily, it is your responsibility to maintain constant supervision of them at all times.
6. Perth’s Outback Splash requests that carers actively supervise the child/children or persons who may or may not swim satisfactorily they are responsible for in compliance with the Royal Life Saving Australia Keep Watch guidelines. The relevant guidelines are publicly available at royallifesaving.com.au.
7. Perth’s Outback Splash provides a high standard of lifeguard supervision following all Australian standards and Royal Life Saving Australia recommendations in regards to Lifeguard to bather ratios, however, you agree and acknowledge that this is no substitution for direct supervision by parents or guardians.
8. You are responsible for your own property, responsibility will not be taken by Perth’s Outback Splash for damage or loss of personal property. You are encouraged to remove all high value items, such as jewellery, from your person and locate or retain them in a safe location and not on one’s person whilst using rides and attractions in the park.

Risk

1. Perth’s Outback Splash seeks to ensure your safety when using the rides in the Park or undertaking any other activities in the park. However, Perth’s Outback Splash is not responsible for your safety.
2. Accordingly, by entering the park, you agree and acknowledge that:
   1. the attractions in the park are of a sporting nature and carry inherent risks of injury;
   2. you have a duty to act with good judgement and consideration, both for yourself and others and to refrain from behaviour which could affect your safety, the safety of others or the ride itself;
   3. you have a duty to obey all written and particularly oral instructions and warnings given by the owners or operators of the rides or attractions without objection, and failure to do so may lead to legal action;
   4. you use the rides in the park entirely at your own risk;
   5. you will not use any attractions where you are not confident, or able, to do so safely. For example, if you are not able to hold yourself or position yourself correctly in an inflatable raft, do not use the attraction;
   6. you have a duty to assist in any investigation of any incident you may have witnessed or in which you had some involvement and to inform an investigation as to any contribution from your own actions; and
   7. in the event that you sustain a personal injury or loss or damage to property, you absolve Perth’s Outback Splash, its directors, and staff from any liability whatsoever for any injury or loss whilst at the park.
3. Perth’s Outback Splash, to the fullest extent permitted by the applicable law, grants no warranties of any kind, whether express, implied, statutory, or otherwise with respect to the park.

Intellectual Property

1. The park contains designs, systems, aquatic activities, rides, and attractions that are owned by or licensed to us.
2. You agree that, as between you and us, we own all intellectual property rights in the applicable designs, systems, aquatic activities, rides, and attractions at the Park and that nothing in the Terms constitutes a transfer of any intellectual property rights.
3. Your use of the park does not grant you a license to or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed, or present at the park without the express written permission of Perth’s Outback Splash or the relevant owner.
4. You must not breach or infringe any intellectual property rights connected with the Park.

Indemnity

1. You will at all times indemnify and keep indemnified us and our respective officers, employees, and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of the Terms by you.

Disclaimer of Liability

1. We have no liability to the extent that a failure of goods or services supplied by Perth’s Outback Splash is attributable to any act or omission on your part.
2. The liability of Perth’s Outback Splash for failure to comply with a consumer guarantee is limited to:
   1. in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
   2. in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
3. Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
4. In all other respects, our total liability for loss or damage of every kind, whether:
   1. arising pursuant to the Terms; or
   2. arising in any other way out of or in relation to the supply of goods or services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods or services.
5. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in the Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to the Terms.
6. Correspondence both verbal and written with Perth’s Outback Splash, owners, directors, and staff should at all times be considered Without Prejudice.

Force Majeure

We have no liability to the extent that our performance of our obligations to you are prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

Severability

If any part of the Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

Disputes

1. You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to the Terms, prior to resorting to an external dispute resolution process.
2. Please notify us in writing of any dispute you may have. Notifications of disputes may be emailed by you to: info@outbacksplash.com.au