Terms of Trade
|Introduction:||The following are the Terms of Trade for Tobruk Sheep Station and Tobruk Sydney .|
|Inclusions:||Please see our Experiences for further details.|
|Pax Numbers:||Flexibility exists to cater to individual client needs and group numbers as required. For exclusive group bookings a minimum dollar sum is required and please refer to our rates sheets for details.|
|Operating Hours:||Open every day (except Public Holidays and Exclusive Events) 8.30am – 10.30pm by appointment subject to availability. Note Earlier starts or later finishes can be negotiated by prior arrangement to fit with specific group requirements.All guests are required to arrive at least 10 mins prior to the scheduled start time.|
|FOC Policy:||The Tobruk FOC policy is 1:20 for both day and evening programs. Kindly note, FOC is applicable only where a genuine guide or escort is accompanying the group and may include teachers, accompanying carers or hosts, tour operator staff or VIP’s.For groups of less than 20 pax, Tobruk may grant FOC status to an accompanying guide or escort depending on special circumstances.|
|Guides:||All non-English speaking groups will require guides capable of translating throughout the program. Tobruk has guests from all over the world and does not have the capacity to have multi-linguists on staff for translation purposes. Tobruk can provide a written script as needed. A translator can be booked upon request.|
|Age Limits:||Tobruk is appropriate for all ages. In terms of show prices, the following age limits apply:|
|Groups:||Groups can book Tobruk programs as a standard Day or Evening Program or on an Exclusive Use basis. Guests need to be aware that if Exclusive Use is not chosen, Tobruk reserves the right to accept other bookings on the same day.|
|Payment Terms:||Payment terms are as follows:|
Exclusive Use Program:
|Cancellation Policy:||Exclusive Use Program|
Note : 20% Deposits will be required for advance bookings where Tobruk is asked to hold specific dates for clients 3 – 24 months ahead of the planned program.
Force majeure cancellations will not incur cancellation fees.
|Time on Site:|
|Food and Beverage:|
|Bar Facility||Tobruk operates a licensed bar during all programs and practices and takes seriously the Responsible Service of Alcohol. Beverage packages are purchased on the basis that the bar operates only during and for the duration of the meal service, which is typically one hour. Extended bar service can be provided by prior arrangement for an additional charge provided guests are dining at the venue. For each additional hour of service over and above the selected package, an additional charge of approximately $15 per person will apply depending on the beverage package selected.|
|Activities:||Tobruk aims to provide a safe and secure environment for all guests and insists on adhering to safe working practices in everything that it does. The following safety procedures are in place:|
Rice and Confetti must not be thrown at weddings as it can be dangerous if consumed by farm animals. Cleaning charges apply if condition breached.
Noisy cans and bottles must not be tied to bridal cars
Wedding decoration and set up must be coordinated around existing programs. Out of hours set up may be arranged with security levies at $200 / hr applied
Damage to property will be charged if necessary
|Refusals:||Tobruk reserves the right to refuse any person, for whatever reason, participation in a program, at Tobruk’s absolute discretion, whether or not that person has already purchased a show or program ticket.|
|Entertainment and Optional Packages:||All entertainment and optional packages are booked by Tobruk from its list of approved and accredited suppliers. This includes musicians, entertainers, theming, catering, additional equipment and facilities. In the event that an ITO requests to book any of these options directly, and not through TOBRUK, a base levy dependant on requirements will be charged to cover liaison, management, set up / pack down and provisioning for external suppliers. Additionally:|
Noise restrictions are in place for the property and must be strictly adhered to at all times.
|Weather:||Wet Weather : The Tobruk program can be run in wet weather. All activities, displays and demonstrations can be observed from under cover areas. While the whip cracking and boomerang throwing displays can be viewed from under cover, it is up to guests whether they choose to engage in the whip cracking and boomerang throwing activity in the rain.Wind : In times of strong or extreme wind conditions, Tobruk reserves the right to cancel the boomerang throwing activity to ensure the safety of staff, guests and livestock.Hot Weather: In times of extreme heat conditions, Tobruk reserves the right to amend any program element considered necessary.|
|Fire Restrictions:||In extreme circumstances, Tobruk may have to conform to local fire restrictions and therefore may not be able to offer a camp fire during the billy tea and damper program. Advance notice may be provided to clients and alternate arrangements made, wherever possible.|
|Forced Closure:||In the event of bushfire’s, storms or other extreme circumstances (including changes to Council Consent Conditions) Tobruk reserves the right to close the property to ensure the safety of all guests, staff and livestock and to ensure compliance with authority requirement.|
Tobruk also reserves the right to cancel events if the property changes legal ownership or is subject to foreclosure requirements.
Forced cancellations will not incur cancellation fees.
|Capacities||Drovers Camp: (Semi Covered)|
|Photography:||Tobruk has the authority to use and reproduce any photograph or video taken of guest at Tobruk for any purpose, without prior notice or payment of compensation to that guest.|
|Company Details:||Tobruk Sydney is the Trading Name of Tobruk Pastoral Company ABN39 585 853 906|
|Insurance:||TOBRUK currently holds public liability insurance for $10,000,000. Important Notice: All visitors to the property hereby indemnify Tobruk Pastoral Company T/A Tobruk Sydney, in respect of any claim or compensation sought by the visitor while on the premises.|
Visitation Risk Warning, Waiver and Indemnity:
|Standard itineraries for the Day or Evening Show are noted on our Experience pages. Please note that flexibility exists to start earlier, finish later or amend the times or order in which activities are conducted to meet with specific client requirements subject to availability and by prior arrangement. Once itineraries are confirmed, Tobruk will not entertain changes requested by guides on the day of the show.|
Please ensure that all guests keep noise to a minimum outside normal show periods. The Visitor accepts that excessive noise could result in removal from the property.
The Visitor commits to reimburse the Provider for any damage to the property caused by the Visitor
VISITATION RISK WARNING, WAIVER AND INDEMNITY
As part of your agreement with the Provider and in consideration for your visit to Tobruk Sheep Station and Pittwater Sailing Cruise (if applicable), you (including your friends, associates and family accompanying you) agree to the following terms and conditions.
The Provider (including its employees, contractors and agents) warns the Visitor (Visitor includes friends, associates and family accompanying the Visitor) whose signature appears below, and the Visitor acknowledges that:
The Recreational Activities are recreational services for the purposes of section 139A of Competition and Consumer Act (2010). You acknowledge and agree that in relation to the supply of the Recreational Activities to you, you waive your right to make any Claim in relation to, and the Provider excludes and will not be held liable for, your: (a) death, or (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), or (c) contraction, aggravation or acceleration of a disease, or (d) the coming into existence or the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that (i) is or may be harmful or disadvantageous to you or to the community or (ii) that may result in harm or disadvantage to you or the community.
To the fullest extent permitted by the laws of Australia, the Provider’s liability arising under or in connection with this agreement is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you and the liability of each party to the other in contract, tort (including negligence, breach of statutory duty or misrepresentation) or for any other common law or statutory cause of action or otherwise arising by reason of or in connection with the visit to the Property shall be limited to one hundred percent (100%) of the monies paid or payable by you pursuant to these terms and conditions and no liability in tort, contract or otherwise will be actionable after twelve (12) months from the date of your visit to the Property.
Other than as allowed by the Competition and Consumer Act (2010) set out above, you are entitled to certain statutory warranties and protections pursuant to the Competition and Consumer Act (2010) and the Australian Consumer Law. Nothing in this waiver operates to exclude, restrict or modify any provision of the Competition and Consumer Act (2010), the Australian Consumer Law or any equivalent State or Territory legislation.
THE VISITOR (Visitor includes friends, associates and family accompanying the Visitor) UNDERSTANDS THAT THEY UNDERTAKE THE RECREATIONAL ACTIVITY AT THEIR OWN RISK AND THAT, BY PROCEEDING WITH THE BOOKING, ACKNOWLEDGES THEY HAVE READ AND ACCEPTED THIS RISK WARNING, WAIVER AND INDEMNITY, AND THAT IMPORTANT LEGAL RIGHTS ARE GIVEN UP.