TICKETING TERMS AND CONDITIONS

The Garden of Unearthly Delights – ABN 30 644 141 444

Before proceeding with your booking please read these terms and conditions carefully. These terms and conditions incorporate the basis upon which bookings are accepted by The Garden.

 

1. Definitions

The following terms will have the following meaning in these Terms and Conditions

1.1.     “The Garden”, “us”, “we”, “our” - means The Garden of Unearthly Delights of PO Box 2197 St Kilda West VIC 3182. ABN 30 644 141 444

1.2.      “you”, “your” - means the Customer

 

2. Terms and Conditions

The following terms and conditions apply to:

2.1.     the purchase of tickets for performances and events at The Garden’s venues on behalf of the organisations or artists responsible for providing the event;

2.2.     the purchase of tickets for performances or events at any other venue which The Garden of Unearthly Delights makes available for purchase; and

The inclusion of 2.2 is in addition and does not abrogate your responsibility to comply with the terms and conditions of the other venue.

 

3. Amendments to Terms and Conditions

3.1.     The Garden may vary these Terms and Conditions at any time. The Garden will post the varied Terms and Conditions on its website.

3.2.     By making a purchase from The Garden, you agree to be bound by the Terms and Conditions as they stand at the time of your purchase.

 

4. Conditions of Purchase

4.1.     All ticket prices for performances or events that occur or are provided in Australia are stated in Australian Dollars, and include GST where applicable.

4.2.     All ticket prices include a 5% Artist Inside Charge (inclusive of GST). This fee is non-refundable

4.3.     All transactions made incur a $4.80 Transaction Fee. This fee will be added to the gross ticket price and is non-refundable.

4.4.     Prices are subject to change without notice.

4.5.     Ticket sales for particular performances or events may be subject to limits on the number of tickets a particular person may purchase.  The Garden may cancel or refuse to accept orders which it believes are placed in excess of any such limits. This includes orders associated with the same name, email address, billing address, credit card number.

4.6.     If the amount you pay for a ticket is incorrect, The Garden may cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the error arose due to:

4.6.1.    an error in a price posted on this web site or otherwise communicated to you, or if you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale; or

4.6.2.    human error or a transactional malfunction of a Garden of Unearthly Delights-operated system.

4.7.     Tickets for performances and events at the venues are valid only when purchased from The Garden, or from a person authorised by The Garden to sell or distribute tickets. Beware of forged or fraudulently acquired Garden tickets. Buy Garden tickets only at a Garden outlet or online at gardenofunearthlydelights.com.au. If you buy counterfeit or forged tickets, you may be liable for prosecution.

4.8.     Tickets may not, without The Garden’s prior written consent, be on-sold at a premium, offered as a prize or inducement, packaged or otherwise used for advertising, promotional or other commercial purposes.  The Garden reserves the right to refuse admission to the bearer of any ticket sold or otherwise provided or distributed in breach of this condition. Use of tickets in a manner which breaches any of these terms and conditions may attract criminal penalties.

4.9.     The Garden will hold ticket proceeds in a separate account. If applicable, Consumers will be entitled to a refund from that account.

 

5. Conditions of Attendance

5.1.     The Garden and the venue’s management reserve the right to refuse admission.

5.2.     The Garden and the relevant event venue may impose additional specific conditions in relation to entry or attendance to a particular event.

5.3.     The Garden is a venue licensed for the service of alcohol. In the interest of all people attending, The Garden promotes responsible service and consumption of alcohol at all times. All patrons must adhere to The Garden's policies and abide by the relevant liquor licensing regulations. They must respect The Garden bar and security staff in their duty to uphold The Garden’s service and safety policies. Patrons are reminded that it is an offence to supply alcohol to a minor, bring alcohol into or from a licensed premises, consume alcohol if intoxicated and to remain on licensed premises if intoxicated.

5.4.     The Garden has some restrictions on smoking. Smoking may only take place in designated ‘Smoking Areas’ which are signed appropriately. The Garden requests that anyone that should choose to smoke in an allowed area, be at all times considerate of other patrons of The Garden, especially children.

5.5.     Mobile phones and other electronic devices must be switched off during all performances.

5.6.     No drugs, weapons, glass containers, alcohol or lasers may be taken into The Garden

5.7.     No audio or video recorders or cameras may be taken into the venue or used without permission of the event organiser and venue management by prior arrangement. A breach of this condition may lead to the confiscation of all equipment and removal of the patron from the venue.

5.8.     The Garden reserves the right to exclude latecomers at certain events or to admit only at a suitable point in the performance.

5.9.     You must not engage in offensive or inappropriate behaviour at an event, including but not limited to by wearing or otherwise displaying any commercial, political, religious or offensive signage or logos.

5.10.   The Garden and/or the event organiser reserves the right to film, video, record, photograph, broadcast or telecast the event.  You agree that you may be filmed, taped, interview, photographed or recorded while attending an event and you consent to The Garden or third parties engaged by The Garden filming, taping, interviewing, photographing or recording you.  You further agree that The Garden may use, publish, edit, incorporate or otherwise exploit (and authorise others to do the same) any materials produced for any purpose without further reference to you.

5.12.   Without prejudice to any other rights which The Garden may have, if you contravene any of these Terms or Conditions, you may:

• be refused entry to, or remove from, the venue;
• have your ticket confiscated and/or cancelled without refund or recompense; and
• be disqualified from purchasing tickets for or entering into other events

In the event that you are refused entry to an event for any reason, then, in accordance with these Terms and Conditions, no refund will be paid.

 

6. Tickets purchased through The Garden’s Website 

6.1.     You agree that your use of The Garden’s website to purchase tickets is at your own risk. To the extent permitted by law, The Garden excludes all liability for any direct, indirect, incidental, special or consequential loss arising out of or in connection with your use of any Garden website, and makes no representations or warranties as to the operation or functionality or any other aspects of the payment process

6.2.     You must maintain the confidentially of your account details for any Garden website and take all reasonable steps to prevent unauthorised access.

6.3.     You warrant that any purchase made using your account for The Garden’s website is made in your own right or with full authority. You agree to indemnify The Garden and its officers, directors, employees, consultants, licensors, suppliers, and agents from all or any claims made by any persons claiming such transactions to be unauthorised

6.4.     You will be asked to provide The Garden with your current address and other contact information when you purchase tickets from The Garden, or open an account with The Garden, via The Garden’s website. When you do so, you must ensure that you provide The Garden with your current, complete, and accurate information.

 

7. Confirmation and delivery

7.1.     If you do not receive an order confirmation number (in the form of a confirmation page or email) after submitting payment information, it is your responsibility to confirm with The Garden that your order has been successfully placed. The Garden will not be responsible for any losses you incur if you assume that an order was successfully placed having not received a confirmation number.

7.2.     During The Garden’s Box Office operational hours, if you select ‘Collect at Box Office’, event tickets will be available from 10 minutes after you complete your purchase and receive a confirmation email. You will need to present your confirmation number, the credit card used to purchase tickets, photo identification and valid concession cards.

 

8. ETickets

You will be sent an eTicket as your order confirmation email. You will need to display the QR code on your mobile phone or device to gain access to the event. Please make sure you have turned up the brightness on your phone display. Alternatively, you can print your eTicket/s and present them for scanning to gain access to the event. Please read all information on your order confirmation carefully. Tickets should be treated like cash, with barcodes should be kept securely. Only tickets bought through Adelaide Fringe of the Garden of Unearthly Delights will be accepted and any on-sold ticket is at the risk of the purchaser.

 

9. Companion Card Scheme

Companion cards are honoured. A valid Companion Card or valid Companion Card Number must be produced at the time of the booking to gain access to the Companion Card Scheme offer. Details of use are contained on the Companion Card website www.companioncard.org.au.

 

10. Changes to performance and events

The right is reserved by the event organiser to add, withdraw, or substitute artists or vary advertised events, ticket prices, audience capacity or seating arrangements and make other variations as necessary.

 

11.  Refunds and Replacements

11.1.   There is no right of refund or exchange on tickets.

11.2.   If an event is cancelled no obligation is assumed by The Garden for arranging a substitute event. If the event organiser permits refunds, the customer booking fee included in the advertised ticket price is non-refundable. Refunds for tickets purchased by credit card will be refunded to that credit card. Tickets purchased by cash, cheque or EFTPOS will be refunded by cheque. Any tickets purchased through FringeTIX must be directed to Adelaide Fringe for refund (if refund permitted by Adelaide Fringe).

11.3.   If a performance is cancelled due to an act of God, natural disaster, adverse weather or for any other cause reasonably beyond The Garden’s control, there is no right of refund or exchange, and no obligation is assured for the arranging of a substitute service, event or performance.

11.4.   Replacement of lost or stolen tickets is subject to approval from the event organiser. The Garden reserves the right to not replace general admission tickets. Proof of original purchase must be presented for replacement of tickets to reserved seating events. The Garden reserves the right to charge a fee for any re-issued tickets.

11.5.   The Garden collects your personal information in case of an event cancellation or change. If you fail to supply sufficient and appropriate contact information The Garden is not responsible for failure to contact you.

 

12. Exchanges

The Garden offers exchanges on tickets if all of the following conditions are met:

12.1.   The request for an exchange is submitted to The Garden in writing by emailing [email protected]

12.2.   The request for an exchange is made at a minimum of 48 hours prior to the original performance start time

12.3.   The original performance is not sold out

12.4.   The request for exchange is for the same event

12.5.   The customer has provided proof of the destruction of the original tickets, should hardcopy tickets have been issued

12.6.   The request is approved by the artist or presenter, after being submitted in writing by The Garden

A $10.00 exchange fee is payable by the customer at the time of exchange, if the exchange is approved.      

If exchanging into a cheaper performance, customers will not be reimbursed the difference in ticket price.

 

13. Price Categories and concessions

13.1.   If concessions are applicable valid identification will be required upon collection of tickets and/or at the venue. The venue has the right to deny entry to a ticket holder if they cannot provide proof of concession or membership entitlement.

13.2.   Where advertised concession price applies to customers holding valid identification as pensioner, senior, student or unemployed.

13.3.   Where advised, Family tickets may be purchased that allows either 2 adults and 2 children or 1 adult and 3 children to attend a performance

13.4.   Where advertised, a discount for groups booking more than six tickets will apply. Group tickets must be purchased in one transaction for discount to apply.

13.5.   Where advertised, Child ticket price applies to children aged under 12.

13.6.   Where advertised, Preview ticket prices apply to performances prior to the official opening of an event.

 

14.  Under Age Policy

Unless a specific event is listed as 18+, all venues and events are all ages. However minors are only allowed to enter The Garden until midnight and permitted to remain in The Garden after midnight if they are seeing a ticketed show that starts prior to midnight and finishes by 1.00am.  All minors, accompanied or otherwise, cannot enter The Garden after midnight. All minors must be off site, regardless of show tickets or timing, strictly by 1:00am.

 

15. Babes in Arms

For most Adelaide Fringe shows, children aged 24 months and younger can attend Fringe events without a ticket, provided they do not take up a seat of their own. 

Some children's events may require an infant (aged 24 months or younger) to have a ticket. This information will be provided on their event listing.

 

16. Program Guide Details

Program guide details are correct in all Garden publications at the time of printing but are subject to change where necessary and without notice.

 

17. Liability

17.1.   The Garden takes no responsibility for loss or damage to personal property.

17.2.   You are responsible for your own safety and property while attending an event, and to the extent permitted by law you release The Garden and its officers, directors, employees, consultants, licensors, suppliers and agents from any liability for any claims, damage or loss you may suffer in relation to your attendance at an event, howsoever caused, including due to any negligence or other act or omission of The Garden

17.3.   You agree to indemnify The Garden and its officers, directors, employees, consultants, licensors, suppliers and agents against any claims, loss or damage suffered as a result of your wilful reckless or negligent acts or omissions at an event

17.4.   The Garden is not liable for any claims, damages, compensation, losses or expenses that may be suffered or incurred as a result of an event being cancelled, postponed or changed.

 

18. Privacy

The Garden is committed to protecting an individual’s right to privacy and to fully complying with its obligations under the Privacy Act. The Garden’s full Privacy Policy is available here. 

 

19. LPA Code of Practice

The Garden complies with the Live Performance Australia (LPA) Ticketing Code of Practice, which governs the purchase and use of tickets to Live Performance events and related matters. Consumer and Industry codes are accessible to the general public at www.liveperformance.com.au.

 

20. Coronavirus (COVID-19) Terms and Conditions

 

In the case of any Government enforced restrictions, The Garden will be guided by the State Government of South Australia, SA Health, and LPA.

 

If you are feeling unwell with Coronavirus (COVID-19) symptoms and hold tickets to an upcoming performance contact The Garden on 08 7200 3867 immediately to discuss your options. The Garden strongly discourages patrons to attend Events when they are exhibiting COVID-19 symptoms. We will work with the ticket holder to find a remedy in the best interests of both the ticket holder and the artist.

 

Changes to Events

The Garden and the Event organisers reserve the right to alter prices, audience capacity or seating arrangements on the advice of Government and State organisations in response to Coronavirus (COVID-19).

 

In the event of a Coronavirus (COVID-19) related government closure, ticket holders will be contacted via email and presented with options to remedy the cancellation. Ticket holders will have four weeks (28 days) days to respond to us, indicating which option they select. Failure to notify us of your selection within 28 days of the email being sent will infer that you select to donate the full ticket amount to the artist and/or venue at our election (refer to option 2 below).

 

1. Donate Your Ticket/s: Ticket holders can choose to donate their ticket/s to the artists and Venues of the Event (less any Transaction Fees or Inside Charges which will be retained by Adelaide Fringe and The Garden).

 

2. Refund: Ticket holders may request a full refund (less any Transaction Fees or Inside Charges which will be retained by Adelaide Fringe and The Garden). Artists and venues will not receive any payment in this instance.

 

Under the LPA, The Garden is not required to provide a remedy if:

- A ticket holder is well and does not wish to attend an Event due to fears of exposure to Coronavirus (COVID-19), including being exposed to unvaccinated persons; or

 

- A ticket holder is unwell and does not attend an Event (other than due to Coronavirus (COVID-19) illness or symptoms); or

 

- A ticket holder is from a group at a higher risk of Coronavirus (COVID-19); or

 

- A ticket holder is denied entry into the Event for reasons which were disclosed to the ticket holder in the ticket terms and conditions at the time of sale. For example, these reasons may include (but not be limited to) non-compliance with mandatory mask wearing, vaccination (unless legally exempt), or QR check-in requirements (or unwillingness to provide personal contact information when requested); or 

 

- The ticket holder attends the performance and subsequently leaves part way through due to feeling unwell.

 

In the event of a mandated requirement to self-isolate, ticket holders may be entitled to a remedy if:

 

• Ticket holders have contacted The Garden no later than 6 hours prior to the Event start time and a discussion has occurred in regards to ticketing options.
• Upon request, Ticket holders provide proof of mandatory isolation no later than 6 hours prior to the performance start time

 

In the event of Government border restrictions that prevent you from attending the Event, ticket holders may be entitled to a remedy if:

• Ticket holders have contacted The Garden no later than 6 hours prior to the Event start time and a discussion has occurred in regards to ticketing options.
• Upon request, Ticket holders provide proof of border restrictions occurring after the date of ticket purchase to The Garden no later than 6 hours prior the performance start time.

 

21. Coronavirus (COVID-19) Conditions of Entry:

When purchasing Tickets, you agree that you will abide by any government, venue or Event requirements in effect at the time of the Event, including (but not limited to) vaccination, mask wearing and using COVID Safe Check-In. If you do not comply with these government, venue or Event requirements, you will be refused entry into the Event and will not receive a refund (unless required by law).

By entering The Garden you and the members of your group confirm that you are fit and healthy and have not experienced cold or flu like symptoms within the last 14 days, nor have you or your or any members of your group been in contact with someone with Coronavirus (COVID-19) and/or have returned from interstate or overseas and have been advised to isolate. Whilst attending The Garden you and the members of your group agree that the safety of all patrons is of paramount concern, to follow COVID safe practises as defined SA Health and clearly signed within The Garden (including but not limited scanning QR Codes for contact tracing, the use of hand sanitiser, maintaining 1.5m social distance), and to follow the directions of The Garden personnel. Your failure to follow directions of The Garden personnel may result in eviction (standard Garden evictions terms and conditions will apply).

If you are attending an Event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purpose of contact tracing, you must: a) make the contact details of you and your group available and b) contact each member of your group, and request that they provide their contact details directly to the relevant health authorities.

The Garden has the right to evict patrons who are displaying Coronavirus (COVID-19) symptoms. If an eviction from an Event occurs, the ticket holder and/or accompanying group will not be entitled to a refund or exchange.

The Garden may require patrons to wear a mask in accordance with current government mandates. It is the patron’s responsibility to provide their own mask. Admittance may be denied if a patron fails to produce and/or wear a mask. See SA Health for more information on mask requirements, exemptions and how to wear a mask.

22. Complaints or Questions

If you have a complaint or question regarding The Garden’s Terms and Conditions of sale, please contact The Garden in the first instance:

Email: [email protected]

Phone: 08 8121 5122