Terms and Conditions
GENERAL CONDITIONS
All persons entering Otway Fly Treetop Adventures are admitted subject to the following Attraction Regulations. Any person who does not comply with these Regulations may be removed from the Attraction by either Otway Fly Treetop Adventures Personnel/Staff or Police Officers.
Otway Fly Treetop Adventures reserves the right, in its absolute discretion, to refuse admission to the Attraction, ban from entry to the Attraction or remove from the Attraction any person who:
2.1 Has been convicted of a criminal offence, which, in the opinion of Otway Fly Treetop Adventures is likely to affect the enjoyment of other visitors.
2.2 Has behaved in the Attraction in a manner, which, in the opinion of Otway Fly Treetop Adventures, has, or is likely to affect the enjoyment of other visitors.
2.3 Uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner, which may provoke a breach of the peace.
2.4 Does not follow the written or verbal safety instructions or behaves in a manner which may endanger the safety of the individual or other visitors in the Attraction.
2.5 Is operating under the influence of alcohol or drugs.
2.6 There is to be no smoking on the premise at any time.
2.7 No dogs are allowed onsite at all times
By entering this property and participating in our activities (both Treetop Walk and Zipline), you acknowledge the associated risks involved. In the event you sustain a loss of property or personal injury or death, you hereby agree to absolve the company and all staff from any liability whatsoever and are unable to sue the provider for this loss relating to personal injury or death.
A waiver form must be signed prior to participating in the Zipline which also reinforces the above statement.
All bookings are non-refundable and non-transferable.
Foreign exchange fees may be applied to some transactions at the discretion of the guest's bank or card issuer. Domestic guests with queries regarding foreign exchange fees can contact the attraction using the contact details provided on the website.
Otway Fly Treetop Adventures accepts companion cards. Companion Cards are given to individuals with a permanent disability who always need a companion (carer).
5.1 Individuals with Companion Cards receive free admission for their carer’s.
6.Our liability to you
Claims Notification Enquiries
The UK Employers Liability Insurance Policy and the Global Public Liability Insurance Policy are both held with Chubb European Group Limited under Policy Number UKCANC33447.
Claims are administered by Sedgwick and should be submitted via the claims portal. The portal ID is D00029.
If you do not have access to the claims portal, claims should be submitted to Merlin@uk.sedgwick.com
7.COVID-19
7.1 Safety Measures: In response to the Covid-19 pandemic, we have introduced specific safety measures at each of our Attractions in an effort to safeguard the health, safety and wellbeing of persons visiting our Attractions.
7.2 Visitor Requirements: The safety measures put in place in response to the Covid-19 pandemic are there to safeguard the safety and wellbeing of all guests visiting our Attraction. It is in the interest of everyone at our Attraction to comply with the safety measures that have been put in place. Therefore, should an individual not comply with these safety measures, we reserve the right to require that individual to leave the Attraction in accordance with these terms and conditions.
7.3 Acceptance of risk: The safety measures that are being and have been introduced are intended to minimise the risk of contracting the Covid-19 virus but this risk cannot be completely eradicated. Therefore, anyone visiting our Attractions acknowledges that they do so at their own risk.
POLICIES FOR ALL “TOURS”
REFUNDS AND TRANSFERS
Your booking is non-refundable and non-transferable. Your purchase is for a specific time and date. If you are late for your scheduled tour, we cannot hold the tour for you.
There are no refunds for change of mind for inability to complete the Treetop Walk or any of our Tours.
CHECKING IN AND LATE ARRIVALS
You must arrive no later than 10 minutes prior to this scheduled start time to check in.
If you are late for your scheduled tour, we cannot hold the tour for you. Failure to arrive during this “check in” time will most likely result in missing your tour and result in forfeiting your booking and it cannot be refunded or transferred.
LOOSE ITEMS POLICY
The Visitor Centre has secure lockers for hire for anything you wish to leave on the ground. Anything that you wear (jewellery, watches, glasses, sunglasses) or decide to bring (mobile phones, wallets, keys, cameras, GoPros, asthma inhalers or other medical requirements) on tour are completely at your own risk. If anything falls out of your pocket or you drop anything whilst using it, unfortunately it cannot be recovered from the forest floor.
Please Note: Camera, Gopros are NOT permitted on the zipline tour.
GENERAL TICKET & BOOKING INFORMATION
One Ticket purchased entitles one person entry to the Attraction on a single occasion
Tickets can be purchased on our website, from 3rd party resellers and walk up.
WEATHER
Tours will continue to operate in all weather conditions. Yes, we will go out in the rain and hail. Tour operations will only be cancelled in extreme weather conditions such as lightning storms, extremely high winds and government declared catastrophic bushfire weather warning days. Tours will be postponed or cancelled at our discretion only.
We will offer an alternative departure date/time in consultation with you if the scheduled tour has been affected by these circumstances.
ZIPLINE TOUR
Is This Tour For You?
The Tour has been designed for persons of good health, that are comfortable of the thought of being at heights, have a reasonable degree of physical ability and a capacity to understand and adhere to basic safety instructions (including understanding English or have a translator on the tour with them).
The Tour has not been designed for persons;
Who are beyond the first trimester of pregnancy (risk of abdominal trauma).
Who suffer from vertigo or extreme fears of heights.
Who have heart conditions.
Who are legally blind, missing limbs or have other limiting disabilities.
Who have ankle, knee, hip injuries that can be exacerbated by performing the landings we require of them (reclined seated position to full weight standing, similar to arriving to the top of a chairlift when snow skiing).
Who have spinal (including neck) or any other physical conditions that can be exacerbated by harness pressure, twisting or bending, strong/awkward landings An individual should seek medical advice from their doctor should there be any doubt as to their ability to safely accommodate any stressors associated with the Zipline Tour.
You will be required to sign a declaration and waiver and you will need to satisfy our terms of trade.
Prior to your booking, it is important for you to consider any health or medical matters that may impact your ability to complete our Zipline Tours.
Otway Fly reserves the right to decline your participation in the tour, if we believe you could put yourself or others into a compromised position as a result of any illnesses or ailments.
Zipline Tour participants agree to comply with all requirements of safety, signage and anything other directions as designated by the supplier. Any non-compliance of such safety, signage and directions, including reckless or careless conduct by Zipline Tour participants, may lead to cancellation of participants inclusion in the Zipline activity.
If you are at all unsure about your ability or have restricted mobility, medical conditions or any disabilities which you are concerned about to successfully complete a Zipline Tour, please contact us to discuss your requirements prior to your booking & we’d be happy to help.
CAMERAS AND OTHER ITEMS
The Visitor Centre has secure lockers for hire for all of your loose items as they are not permitted on the Zipline Tour. This includes mobile phones, wallets, keys and sunglasses. Anything that you wear (jewellery, watches, glasses) on tour are completely at your own risk. If anything was to fall or come off your body e.g earrings, unfortunately it cannot be recovered from the forest floor. If you have medical needs that require you to bring something (e.g asthma inhalers, EpiPens or other medical requirements), please let us know.
Cameras are NOT permitted on the zipline. Video capture and Photos will be used on tour by The Otway Fly and will be available for purchase on completion of your tour at the visitor centre.
SOCIAL MEDIA RIGHTS
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY. BY HASH TAGGING [#OTWAYFLY, #YESOTWAYFLY, OR TAGGING [@OTWAYFLYTREETOPADVENTURES] YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS IN RELATION TO OUR USE OF YOUR CONTENT.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT RESPOND TO OUR REQUEST TO USE YOUR CONTENT.
Who we are and how to contact us
The Otway Fly Pty. Ltd. (a Merlin Entertainments Group Company) operating under the name Otway Fly (Victoria) is registered in Australia under the company number 122 863 361.
What these terms cover
These are the terms and conditions on which you licence to The Otway Fly Pty. Ltd., its subsidiaries, affiliates, licensees, its subcontractors, consultants and agents including without limitation Merlin Entertainments Limited (company number 08700412) (referred to as " Otway Fly" "we" or "us") the use of all images and materials (including photographs, audio and video material) (Content), which is owned or licensed by you in whatever medium or form.
Term of this licence
This licence shall commence on the date that you indicate your acceptance of these Terms by placing a hash tag on the relevant social media platforms and/or emailing across content to the Otway Fly, Otway Fly’s use of the Content.
Grant of licence
In consideration of Otway Fly displaying your Content on a website connected with Otway Fly or a website promoting ‘Otway Fly, you hereby unconditionally and irrevocably grant Otway Fly, a perpetual, non-exclusive, fully-transferable, royalty-free, worldwide, sub-licensable licence to use, copy, reproduce, modify, transmit, publish, edit, display and make derivative works of the Content on any media now known, or hereafter developed, in formats and contexts for any purpose including but not limited to the promotion of the service or related business activities and the right to make commercial use of the Content and excerpts of the Content in advertisements for, and in marketing and promotional materials related to, Otway Fly (the "Licensed Rights").
You hereby waive any and all moral rights or similar rights that you may have in the Content and understand Otway Fly shall be under no obligation to credit you or publicly acknowledge your rights in the Content.
Your rights in the Content
You retain all rights in the Content and nothing in these Terms shall be taken to grant any rights to Otway Fly in relation to ownership of the Content.
You understand that in providing us with the Licensed Rights, Otway Fly shall have absolute discretion in whether it uses the Content and shall not be obliged to use, distribute, display or make derivative works of the Content.
Warranties
Each party warrants to the other that it has full power and authority to enter into these Terms.
You warrant to Otway Fly that you:
- Own or control all the rights necessary to grant Otway Fly the Licensed Rights referred to above;
- the Content does not infringe the rights of any third party (including without limitation copyright, moral rights, privacy rights and publicity rights);
- and you have obtained all relevant consents, releases and waivers to permit the public distribution of the Content;
- the Content does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy;
- the Content does not contain any viruses, Trojan horses, worms, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
Limitation of remedies and liability
Nothing in these Terms shall operate to exclude or limit either party's liability for:
- death or personal injury caused by its negligence; or
- any other liability which cannot be excluded or limited under applicable law.
Transfer of rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, we may transfer our rights and obligations under these Terms to another organisation.
Notices
Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be by pre-paid first-class post or other next working day delivery service at its registered office (if a company); or sent by email to the address specified in above (in relation to us) or the email address used on the social media website for which we obtained your Content.
Entire agreement
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, licences, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Nobody else has any rights under this contract
No one other than the parties, their successors and permitted assignees, shall have any right to enforce any of its terms.
Variation to these Terms
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Which country's laws apply to any disputes?
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation are governed by and construed in accordance with the law of Australia. The parties irrevocably agree that the courts of Australia have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection with these Terms or its subject matter or .
Consent
Subject to the below, you have the right to revoke your consent to the use of your Content. If you wish to revoke consent, please contact the email address in the Contact and Complaints clause below.
You acknowledge that whilst you can revoke your consent and prevent the use of your Content in future projects, it may not be possible for your Content to be completely removed from some materials, including but not limited to, physical marketing materials already in circulation.
Contact and Complaints
The primary point of contact for all issues arising from this Policy, including requests to exercise data subject rights, is Merlin’s Data Protection Officer. The Data Protection Officer can be contacted in the following way:
Data.Protection@merlinentertainments.biz
To exercise your data subject rights, please complete the request form available here.
For additional information, please see our Privacy Policy here.
