Metro Arts holds a number of public events, both paid and free. These events fall into two categories:
- Events managed, produced, promoted and presented as part of Metro Arts’ Artistic Program; and
- Events managed, produced, promoted and presented by an organisation/external party whereby Metro Arts’ Venue is hired.
Before proceeding with your purchase, please read these Terms and Conditions carefully. By proceeding with the purchase, you will have accepted the following conditions of sale. You must not purchase a ticket unless you agree with these Terms and Conditions.
References to “Metro Arts” in these Terms and Conditions is to the organisation Metro Arts Ltd ABN 29 010 100 482 of 111 Boundary Street, West End Qld 4101.
2. SCOPE AND RELATED DOCUMENTS
Metro Arts’ ticketing policies are governed by the Live Performance Australia Ticketing Code of Practice (‘LPA Code’) and the relevant Australian Consumer Law (‘ACL’). This Policy applies to all tickets purchased from Metro Arts through Trybooking.com for all events occurring within Metro Arts’ venues.
3. RELEVANT LEGISLATION
This Policy has been implemented with consideration to the following relevant legislation:
- Competition and Consumer Act 2021 (Cth); and
- Fair Trading Act 1989 (Qld).
Nothing in this Policy excludes or restricts any rights or remedies a Consumer may have under the Consumer Laws.
4. WHO THIS POLICY APPLIES TO
This Policy applies to all tickets purchased from Metro Arts through Trybooking.com for all events occurring within Metro Arts’ Venues, or events where ticketing is managed by Metro Arts.
5. APPLICATION OF TERMS AND CONDITIONS
- By purchasing a ticket, you acknowledge and agree to comply with these Terms and Conditions. By attending an event, you agree to Metro Arts’ Conditions of Entry. If purchasing on behalf of someone else you undertake the responsibility to inform them of these terms.
- Metro Arts is a member of Live Performance Australia (‘LPA’) and complies with the LPA Ticketing Code of Practice. These Terms and Conditions incorporate the LPA Code of Ticketing Practice – Consumer Code (‘LPA Code’), which sets out a code of conduct for the sale of tickets to live events including consumer rights. You can find the LPA Consumer Code of Practice here or you can ask Metro Arts for a copy.
- Metro Arts has no control over, or liability for, the performance of the event by the Presenter. All ticketing complaints and claims, and your legal rights, are as against the Presenter, not Metro Arts, except where Metro Arts is at fault or where you have a legal right against Metro Arts under the Australian Consumer Law.
- The procedure regarding Ticketing Complaints and Dispute Resolution is outlined in Annexure 1.
- The Venue’s Conditions of Entry are incorporated into these Terms and Conditions and apply to your ticket.
- Your ticket may be subject to additional booking terms, which will be notified to you prior to purchase. To the extent where there are inconsistencies between the additional booking terms and these Terms and Conditions, these Terms and Conditions will prevail.
- If any part of these Terms and Conditions is held to be invalid, illegal or unenforceable, it will be disregarded to the extent of its invalidity and the remainder of these Terms and Conditions will remain in full force and effect.
- These Terms and Conditions are governed by the laws in force in Queensland, Australia.
6. VARIATION TO TERM AND CONDITIONS
These Terms and Conditions may be updated at any time. Variations will come into effect immediately after their publication and apply to any purchases made after said publication date.
7. TICKET SALES
- Tickets are only valid if purchased through Metro Arts and its authorised agent (Ferve Ticketing). If a ticket is sold or used in contravention of this condition, the ticket may be seized or cancelled without refund or exchange and the bearer of the ticket may be denied admission.
- Once confirmed, your ticket and any transaction fees will not be refunded or exchanged, except as provided for in the LPA Code or a required by law (including the Australian Consumer Law).
- Bookings are subject to availability.
- School and other group tickets are subject to availability and additional conditions may apply.
- Metro Arts may impose a maximum ticket limit to all types of Event bookings. Metro Arts may refuse to accept orders or cancel without notice any orders which we believe are placed in excess of any such limits.
- Tickets must not be resold at a premium, packaged with other goods or services, offered as a prize or otherwise used for advertising, promotional or commercial purposes (including competitions) without prior written permission from Metro Arts. Tickets may be cancelled, or orders may be refused in situations which Metro Arts deems are in breach of this condition, and the bearer of the ticket may be refused admission to the ticketed event.
- Ticket proceeds are held in trust until the final settlement of event/season and will be refunded if the event/season does not proceed, if required by the LPA Code.
- Concession priced tickets are available at the discretion of Metro Arts and/or the Presenter, and proof of eligibility of concession must be presented to Metro Arts staff upon request. Unless otherwise stated eligible concessions include:
- A child aged 10 years and under;
- Seniors holding a valid government-issued Seniors Card;
- Pensioners holding a Centrelink Pension Card or Veterans Affairs Repatriation Health Care Card; and
- Full-time students with a valid student ID Card
- Select industry groups as determined by Metro Arts, including but not limited to Media, Entertainment and Arts Alliance (‘MEAA’) Members.
- Where concession tickets are purchased you must provide the applicable, suitable and valid documentation at the time of booking, if requested. Failure to provide valid documentation will result in an upgrade fee on that ticket. Full or partial refunds are not available if you become eligible for a concession after you have booked.
- Tickets for Customers with mobility difficulties and Companion Card holders are available for purchase by calling Metro Arts during office hours. Customers admitted via a Companion Card ticket must be able to be wholly responsible for the needs of the accompanying Customer.
8. PRICING AND PAYMENT
- All ticket prices are quoted in Australian dollars and do not attract GST unless stated otherwise.
- Dinner packages and merchandise are quoted in Australian dollars and include GST, unless stated otherwise.
- A transaction fee may apply to your ticket purchase. You will be notified of all applicable fees prior to purchase.
- Refunds or partial refunds will not be given as a result of a special offer or the non-use of applicable discounts prior to completing the ticket purchase. Discounts or promotions cannot be retroactively applied to completed purchases.
- Metro Arts has the right to vary ticket prices, venue, advertised programs or audience capacities without notice with reasonable cause.
- If the amount you pay for your ticket is incorrect (regardless of whether the error arose due to an advertising error online or otherwise communicated to you, human error or a technical malfunction), Metro Arts may cancel the ticket and refund to you the amount that you paid and may offer a replacement ticket to you at the correct price.
- You warrant that you have the authority to make payment for your ticket and that you own/hold or have express permission of the owner/holder of the credit card or other payment facility used to purchase the ticket.
9. DELIVERY OF TICKETS
- All Tickets are e-Tickets unless otherwise specified and will only be delivered to your nominated email address upon receipt of full payment.
- Customers that do not receive their e-Tickets or confirmation of booking via email are required to contact Metro Arts to confirm the booking was successful and to have the issue rectified. Metro Arts takes no responsibility for incomplete purchases that have not received a booking reference number, where the Customer has made no attempt to confirm the order.
- In the event that a duplicate copy of the Ticket appears, Metro Arts reserves the right to request proof of identity and proof of purchase. Unauthorised duplicate Ticket holders will be refused entry to the Venue.
10. CONDITIONS OF ENTRY
- Attendance at the event and the right of admission is reserved by Metro Arts.
- The use of photographic or recording devices of any kind (including mobile phones) is not permitted, unless otherwise expressly permitted. Metro Arts reserve the right to request the deletion of any unauthorised photos or videos. Bags and possessions may be inspected prior to admission, and/or may be refused entry into the Venue.
- You may be refused entry or required to leave the Venue if you do not comply with the Venue’s Conditions of Entry. Tickets will not be exchanged or refunded in these circumstances, unless required by law (including the Australian Consumer Law).
- Entry to the Venue cannot be guaranteed if you arrive later than the advertised performance start time, and re-admittance cannot be guaranteed if you leave mid-event. The Venue reserves the right to delay re-admittance to the event until a suitable time and in an appropriate manner to minimise disturbance caused. This may include sitting in designated seating closest to the entry and forfeiting pre-reserved seats.
- Metro Arts will endeavour to disclose content advisories regarding language, adult themes, special effects, strobe effects, and nudity to audience members prior to the production as provided by Presenters. Presenters remain liable for providing comprehensive and accurate information and any claim is made against the Presenter.
- Food may not be consumed in the Venue, unless supplied by Metro Arts or as part of an authorised catered event.
- All guests agree to abide by all social health protocols and directives as mandated at the time of the Event, including but not limited to mask wearing, contract tracing, social distancing and mandated vaccination. Anyone not abiding with these directives or instructions provided by Venue staff may be asked to leave the Venue immediately, without refund or further recourse.
11. REFUNDS, EXCHANGES, CANCELLATIONS AND CHANGES
- Once confirmed, your Ticket and any transaction fee will not be refunded, except as provided for in the LPA Code of Practice or as required by law (including the Australian Consumer Law).
- If an event is cancelled, rescheduled or significantly relocated, Metro Arts will attempt to notify ticket holders of such. While Metro Arts will take all reasonable endeavours to inform customers of changes, Metro Arts does not guarantee that the ticket holder will become informed prior to the event.
- Exchanges from one event to another event are at Metro Arts’ discretion, provided the original ticket value is equal to the exchanged ticket value.
- If the original ticket value is less than the value of the ticket the Patron wishes to exchange to, the difference must be paid by the Patron at the time of the exchange.
- In the event of a performance/event cancellation, a refund (less transaction fees) will be provided to the original Ticket purchaser. Customers may be at risk of no refund if the purchase was made from an unauthorised seller.
- Tickets sold on behalf of other Presenters are subject to the conditions applicable to that event. Exchanges or Refunds for these events will require authorisation from the Presenter which Metro Arts will seek on the customer’s behalf.
- Metro Arts, at its discretion, may offer partial refunds, full refunds and/or exchanges, even when not required under the LPA Code of Practice or under Consumer Guarantees under the ACL. Metro Arts may not be able to offer such discretionary offerings where the Ticket has been sold on behalf of a Presenter.
- To the extent permitted by Law (including the Australian Consumer Law), neither Metro Arts nor the Presenter are liable to refund to you any amount beyond the face value of the Ticket.
12. REFUND, CANCELLATIONS AND CHANGES (DUE TO INTERVENING CIRCUMSTANCES)
- In this instance, an ‘Intervening Circumstance’ is defined as:
- An act, default, omission of or a representation made by a person other than Metro Arts including an agent of Metro Arts; or
- A cause outside of human control which occurs after the time when a Ticket is sold. This may include an act of God, state of emergency (e.g. bushfires or floods), public health emergency (e.g. pandemics), travel warnings (e.g. travel restrictions or advice to not travel) and government directives (e.g. forced venue closures or mass gatherings restrictions).
- Where an event has been cancelled, reschedules or significantly relocated due to Intervening Circumstances, the Consumer Guarantee provisions of the Australian Consumer Law are impacted. In these circumstances, Metro Arts will be guided by the LPA Ticketing Code.
- In this instance, an ‘Intervening Circumstance’ is defined as:
Merchandise will not be refunded or exchanged, unless required by law (including Australian Consumer Law).
14. PROMOTIONS AND COMPETITIONS
- If you received your Ticket as a prize, gift, donation or otherwise for no cost, these Terms and Conditions, and the terms and conditions of the relevant promotion or competition (Competition Terms), apply to your use of the ticket.
- Tickets received as a prize, gift, donation or otherwise for no cost cannot be exchanged or transferred without Metro Arts’ written consent. Metro Arts reserves the right to refuse exchange or transfer of said tickets.
By purchasing a ticket through Metro Arts, you consent to the collection, use, disclosure and handling of your personal information as governed by the Information Privacy Act 2009 (Qld) and the Privacy Act 1988 (Cth), and the Information Privacy Principles established under these Acts. This may include the disclosure of your personal information by Metro Arts to the Presenter and/or the Venue where the Venue is not operated by Metro Arts.
By purchasing a ticket through Metro Arts, you consent to receive a survey about your experience at Metro Arts and of the event you attended. This does not automatically include you in any marketing and promotional database. Completion of the survey is optional and responses are anonymous.
16. VOLUNTARY ASSUMPTION OF RISK
- You enter the Venue at your own risk. You understand that attendance at any event and/or the Venue may carry with it certain dangers, including the risk of injury and damage to you or your property.
- By attending the event and/or the Venue, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Venue. This includes damage or loss caused by acts or omissions of other ticketholders, visitors, guests, and the employees and agents of Metro Arts, Venue and the Presenter.
17. LIMITATION OF LIABILITY
To the extent permitted by law (including the Australian Consumer Law), Metro Arts are not liable to you for any loss, damage, injury, delays, additional expenses or inconvenience arising as a result of your attendance or non-attendance at the Venue and/or the event. This includes any cloaking service provided by the venue. Where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law, the liability of Metro Arts is limited to the minimum permitted by law.
18. ADDITIONAL TERMS AND CONDITIONS DUE TO INTERVENING CIRCUMSTANCES (COVID-19)
- The following additional Terms and Conditions will apply to each person who holds a ticket for the event, including the person who has made the relevant booking, and each guest.
- By purchasing tickets to an Event, you agree to provide your contact details (full name, phone number and email or residential address) for the purpose of contact tracing. Contact tracing details, along with seating allocations, will be kept by Metro Arts for 56 days from the day of your Event. You acknowledge that we may be required by law to provide your contact tracing details to public health authorities on request. This information will only be shared with the relevant health authorities if required and will not be used for promotional purposes. If you do not provide valid details for contact tracing Metro Arts reserves the right to refuse admission.
- Upon arrival at the Venue all ticket holders, except minors, agree to abide by all social distancing, health protocols and instructions from Venue staff. Anyone not abiding with these directives may be asked to leave the Venue immediately, without refund or further recourse.
- The capacity of the Venue may require to be altered or nature of the event due to restrictions on mass gatherings or other directives. Metro Arts reserves the right to revoke tickets in order to meet such directives and requirements. If a ticket is revoked, the ticket holder will be eligible for a remedy as outlined below. Customers have no further claim against Metro Arts as a result of actions taken in accordance to directives provided by local authorities.
- Customers must not attend if they have COVID-19 related symptoms or are COVID-19 positive.
- Neither the Presenter nor Metro Arts will be responsible for any claim or liability if you acquire COVID-19 as a result of your attendance at the event.
- Metro Arts encourages ticket holders who are feeling unwell with COVID-19 symptoms to notify Metro Arts via phone or email as soon as possible prior to the Event.
- In these Additional Terms and Conditions Due to Public Health Directives, the term remedy refers to at least one of the following:
- Exchange: a ticket is exchanged for another Event on a different date, for the same value, where availability permits;
- Refund: the price paid for the ticket (less transaction fee) is returned to the ticket purchaser, via the original payment method); or
- Donate: the ticket purchaser donates the ticket cost back to Metro Arts as a tax-deductible gift.
- Metro Arts will provide a remedy if a ticket holder:
- Is required to self-isolate or quarantine (and the Event falls within the isolation / quarantine period) due to:
- Being a confirmed case of COVID-19;
- Having close contact with a confirmed case of COVID-19;
- Living in or having been in a hot-spot within Australia (as declared by local authorities); or
- Having returned from overseas;
- Has COVID-19 symptoms, has been tested for COVID-19 and is awaiting test results (and the Event falls within the period of awaiting test results);
- Is unable to attend due to border closures; or
- Is in a high-risk category or are caring for/living with a person who is in a high-risk category for COVID-19.
- Is required to self-isolate or quarantine (and the Event falls within the isolation / quarantine period) due to:
- How to request a remedy:
- Remedy requests relating to Additional Terms and Conditions Due to Public Health Directives must be received by Metro Arts no later than three (3) hours before the Event start time.
- To arrange requests relating to Additional Terms and Conditions Due to Public Health Directives you must either phone Metro Arts and speak to a team member or leave a voicemail/email including your name, contact number, Event date and remedy reasoning. You will not be eligible for a remedy if you contact us after the Event date and start time.
19. CHANGES TO THIS POLICY
Metro Arts maintains its right to amend this Policy at any time.
If further information or clarification is required regarding the content of this Policy, please contact the Metro Arts office via email@example.com or (07) 3002 7100.
20. REVIEW DETAILS
This Policy was adopted by Metro Arts Ltd on 23 November 2021.
This Policy was last updated on 2 June 2023.