Please read these Terms and Conditions carefully. You must not make a Booking unless you are 18 years of age or older and understand and agree with the following Terms and Conditions. These Terms and Conditions apply to all Bookings made through Mad Monday Pty Ltd ACN 637 743 527 (Mad Monday). By using our services you acknowledge that you have read and understood, and agree to be bound by these Terms and Conditions.
Capitalised terms are defined at the end of these Terms and Conditions.
1. BOOKINGS AND EVENTS
(a) Mad Monday provides a service that enables You to organise, book or buy tickets to an Event. All products (other than Mad Monday merchandise) and services associated with an Event (including promotional models, meals, beverages, venues, flights and accommodation) are provided by Third Party Suppliers. Mad Monday is an independent contractor and acts purely as a facilitator and event planner. Mad Monday is not responsible for the provision (or quality) of the Third Party Supplier products and services associated with your Booking or Event.
(b) You are solely responsible for assessing the suitability of an Event and all components of the Booking for your needs.
(c) When you make a Booking the terms and conditions of the Third Party Supplier apply (including cancellation policies, conditions of carriage, conditions of entry and limitations of liability) in addition to these Terms and Conditions. You agree to these Third Party Supplier terms and conditions by completing your Booking or attending an Event.
(d) To make a Booking may will be required to provide:
- personal information for all persons in your group (see Group Bookings below);
- billing and credit card information; and
- any other information reasonably required by Mad Monday for the purposes of your Booking.
This information may be provided to Third Party Suppliers to complete, confirm or secure a Booking (or component of a Booking such as flights or accommodation).
(e) Mad Monday does not provide or advise on insurance. Mad Monday recommends you and all group members consider taking insurance against e.g. accidents, illness, cancellations but this is entirely your responsibility and at your discretion and cost.
2. GROUP BOOKINGS – ORGANISER
(a) If you are the Organiser, you must have the authority of all members of your group to make the Booking, to provide their personal information and to bind them to these Terms and Conditions and all relevant terms and conditions of a Third Party Supplier. You represent that you have this authority and Mad Monday will rely on your authority to do this.
(b) As the Organiser, you are responsible for ensuring that everyone in the group is aware of and is provided with a copy of (and agrees to) the Terms and Conditions.
(c) As the Organiser you are responsible for the actions and behaviour of everyone in the Booking group.
(d) You agree that as the Organiser you are our sole point of contact for your Booking. If there is to be a change to the Organiser, you must notify us immediately in writing by email and provide all required details.
(e) To contact Mad Monday about your Booking or Event email Mad Monday at email@madmonday365.com.au
3. PRICE AND PAYMENTS
(a) Unless a ticket to an EVENT is a fixed price, you will be advised of the cost of your Booking by Mad Monday.
(b) All prices are in Australian dollars and GST exclusive unless otherwise indicated.
(c) Unless otherwise indicated, payment for fixed price tickets is required in full at the time of purchase. Otherwise, to secure your Booking a non-refundable deposit is required to be paid immediately. The deposit will be $60 per person unless otherwise advised. No Booking will be made and the cost of the Booking is subject to change until the deposit has been paid and funds cleared.
(d) Unless otherwise agreed, the balance of the Booking fee is payable no later than eight (8) weeks before the commencement of your Booking package.
(e) If the balance of the Booking fee is not paid when due, Mad Monday may without notice to you, cancel your Booking and any amounts paid are forfeited.
(f) Unless otherwise agreed, payments are to be made by direct deposit to Mad Monday’s account as detailed on your invoice.
(g) Your Booking is not confirmed until full payment is received by Mad Monday and confirmation is provided to you by Mad Monday.
(h) Mad Monday will remit amounts due to Third Party Suppliers.
(i) You are responsible for all additional charges relating to your Booking (for example, consumables, additional bedding, resort fees, minibar charges, transfer costs, tips, alcohol and meals not expressly included in the price of the Booking) and these are to be paid by you directly to the applicable Third Party Supplier.
4. BEHAVIOUR
(a) You must adhere to all applicable laws. You must also comply with any policies, rules, regulations, directions and terms and conditions of a Third Party Supplier.
(b) Mad Monday supports the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons.
(c) Third Party Suppliers may refuse service to you or any member of your group or exclude you from any Event, venue or accommodation at their discretion including if you are displaying disorderly, aggressive, abusive, anti-social, offensive or intoxicated behaviour or are under the influence of illicit substances. Refusal is at the sole discretion of the Third Party Suppliers. No refunds will be given if you are asked or forced to leave or you decide not to attend any part of an Event.
(d) You agree that your participation in an Event or Booking is at your sole risk in all things.
5. BOOKING DETAILS, TRAVEL AND ACCOMMODATION
(a) You are responsible:
- to provide all required documentation as requested including by a Third Party Supplier which may include proof of vaccinations, passports, other identification documentation;
- for ensuring all names, dates and times for your Booking are correct;
- for checking all Booking details are correct and as required (including accommodation and any bedding configurations). Any changes or additional facilities or beds may incur additional charges;
- for paying any bond or security deposit required by a Third Party Supplier; and
- for advising a Third Party Supplier of any delays or other circumstances that may affect your Booking or cause any component (such as flights or accommodation) to be cancelled.
(b) Mad Monday is not responsible for:
- the quality of venues or accommodation. Any recommendations by Mad Monday are made in good faith and you must make your own enquiries and do your own due diligence before Booking. Mad Monday does not give any warranty or representation as to the quality or suitability of products or services supplied by Third Party Suppliers;
- cancellations or changes made by Third Party Suppliers or for any increase in or additional costs associated with any such changes including changes to airline scheduled departure times, departure dates or flight cancellations, accommodation cancellations, reschedules, abandonment or price increases.
6. CANCELLATIONS AND CHANGES TO BOOKINGS
(a) Once a Booking is confirmed, Mad Monday does not accept any cancellations or changes to the Booking or Event (or any component) for any reason including a reduction in the number of nights or persons in the Booking or in any way connected with COVID-19 (or any mutation or variation thereof or any related strain) or other health concerns. No refunds will be given including for any unused component of a Booking. If any changes to the number of nights or persons travelling is permitted by a Third Party Supplier you acknowledge that the Third Party Supplier may make changes to the cost of your Booking.
(b) Incorrect purchases are not eligible for a refund.
(c) Bookings or Events may be cancelled or rescheduled by Mad Monday or a Third Party Supplier (without liability) due to a Force Majeure Event.
7. IMAGES AND MEDIA
You and each member of your Booking irrevocably agrees that Mad Monday and its Third Party Suppliers may use, reproduce or display names, photographs, live feed, recorded sound or video, images or any other material related to your Booking or Event including on Mad Monday’s website or in any form of media whatsoever for the purposes of marketing, advertising, promotion or any other form of publicity without notice, payment or compensation to you or anyone in your Booking. Any images or videos you or any one in your Booking takes or records during the Booking or Event must only be used for private and domestic purposes, and you and each member of your Booking agrees not to sell, license, broadcast, publish or otherwise commercially exploit any images or recordings.
8. DISCLAIMERS AND LIABILITY
To the extent permitted by law:
(a) all terms, conditions and warranties implied by law, statute, custom or otherwise are excluded;
(b) Mad Monday will not be responsible for or liable to you or any member of your group whether in contract, tort (including negligence) or otherwise for any of the following:
- any injury, illness or death;
- any loss or damage to property;
- any cancellation or change to your Booking or an Event made by a Third Party Supplier;
- your displeasure with any aspect of your Booking or an Event;
- the omission of or change to any aspect of your Booking or an Event by a Third Party Supplier;
- any component of the Event;
- your failure to comply with a Third Party Supplier’s terms and conditions, requirements or instructions;
- any loss or damage you or a member of your group suffers as a result of or in connection with the Booking or Event; or
- any loss or damage arising due to a Force Majeure Event.
This clause is subject to your rights under the Australian Consumer Law for breach of a non-excludable statutory guarantee and nothing in these Terms and Conditions is intended to limit, exclude or modify those rights. You agree that your rights under the Australian Consumer Law for breach of a statutory guarantee are your sole and exclusive rights against Mad Monday.
9. INDEMNITY
You agree to fully indemnify and hold Mad Monday harmless against any claims, expenses, costs, loss (including consequential loss) or damage that Mad Monday may suffer or incur as a result of or in connection with your use of our services, a Booking or Event, including any breach by you of these Terms and Conditions or the terms and conditions of a Third Party Supplier.
10. GENERAL
(a) These Terms and Conditions are governed by the laws of New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms and Conditions, a Booking or an Event.
(b) If anything in these Terms and Conditions is unenforceable, illegal or void it is severed and the rest of the Terms and Conditions remain in force.
(c) Obligations under the Terms and Conditions affecting more than one party bind them jointly and each one of them severally.
(d) These Terms and Conditions constitute the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms and Conditions and supersede any prior understanding, arrangement, representation or agreements between the parties with respect to that subject matter.
11. CUSTOM MERCHANDISE
(a) Mad Monday advises against using offensive, profanity terms, and phone numbers, Mad Monday reserves the right to refuse service, change or cancel orders in its discretion.
(b) No refunds will be offered if you change your mind
Claims of shortages, damages or defect items must be made within 24 hours of receipt. We reserve the right to replace or repair at our discretion.
(c) Mad Monday will reject any messages that include profanities.
12. DEFINITIONS
In these Terms and Conditions:
Booking means arranging, or purchasing a ticket to, an Event.
Event means by way of example only, a hen’s party, buck’s night, sporting event, punters/club event, birthday party and/or any other function or outing Mad Monday offers or agrees to arrange which may include flights, accommodation, venue or party bus hire, meals, beverage packages and/or other components.
Force Majeure Event means an event affecting Mad Monday or a Third Party Supplier which may include an act of God, peril of the sea, accident of navigation, war, sabotage, terrorist activity, riot, insurrection, civil commotion, emergency, martial law, fire, explosion, lightning, flood, tsunami, cyclone or other adverse weather event, earthquake, landslide, volcanic eruption or other natural catastrophe, nuclear disaster, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, radiation or radioactive contamination, strike, industrial dispute or other lack of availability of labour, raw materials or energy or Government interference or regulation.
Organiser means you or any other person organising an Event or making a Booking on behalf of a group of individuals.
Terms and Conditions means these terms and conditions as amended and varied from time to time.
Third Party Supplier means a third party that provides a product or service (such as a venue, flight or accommodation) to complete your Booking.
You or you includes the Organiser and all individuals included in a Booking and/or attending an Event.