Terms and conditions

These are the terms and conditions issued by Birdies Mini Golf Pty Ltd (Birdies).

This Terms and Conditions document governs the use of Birdies’ website (the Service) including shopping and participation in promotions run by Birdies. You can access the Terms and Conditions at any time from the bottom of any page our website www.birdiesminigolf.com.au.

Please read our terms and conditions carefully as making a booking/purchasing a gift card or becoming a Birdies member means you accept these terms.

Processing of payments

The products on our website can be purchased using a secure online credit card transaction facility or alternatively via PayPal. You can be confident that all of your details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfillment.

For your own security and peace of mind we cannot take orders via phone but we can help you on the phone if you have any questions for us.

Security

If you click on links and banners on www.birdiesminigolf.com.au that take you to third-party websites you will be subject to their privacy policies. Birdies cannot be held responsible for the actions of any third-party websites so please be careful when clicking on links to external websites.

Birdies does not hold onto cardholder information. For full information on our privacy and security measures please visit our Privacy Policy.

In order to complete a booking/purchase a gift card you will be asked to register as a Birdies member or checkout as a guest. By registering as a Birdies member you will be able to make a booking for Birdies Mini Golf and/or purchase a gift card without re-entering your personal details. By submitting an order you agree to be bound by these terms and conditions.

We reserve the right to cancel orders at any time.

All promotions, sales and codes will finish on the specified date according to AEST.

Bookings

Booking times are provided as a guide only. We take no responsibility for any failure to deliver your booking at the expected time. However we will do our best to ensure that we can honour your booking time. Amendments to bookings can be made by contacting us via email. We can change booking times for the entire booking with 24 hours notice, however cannot make changes within 24 hours of your booking. We do not offer refunds. No refunds will be given for a change of mind. This includes partial or full refunds.

You should arrive at least 10 minutes prior to your booking time to check in at reception and receive your putter, ball and scorecard. Your booking confirmation will state the play period allocated for your booking. If you or any guest in your group is late, your play period may be reduced and you may not have enough time to complete the activity purchased under your booking.

All bookings require a drivers licence to be left at reception before your session starts. Upon return of Birdies’ property in its original condition, the drivers licence will be released. Should you not wish to provide a licence, then a cash deposit of $50 per putter can be provided. As above, upon return of Birdies’ property in its original condition, the $50 per putter will be returned. Any damage to Birdies’ property will result in you paying the repair and/or replacement fee.

The standard event packages for adults include finger food which is chef’s selection. It is the customer’s responsibility to advise of any dietary requirements. Event bookings (include mini golf, beverages and catering) are not eligible for refunds. The date can be changed once, with one week’s notice.

Bookings and gift card purchases placed with www.birdiesminigolf.com.au can only be made by persons with capacity to contract who are over the age of 18.

PRE-AUTHORISATION FOR TABLE BOOKINGS
We require a credit card guarantee to confirm a table reservation, and we will charge a $20 per person no show fee for cancellations made within 24 hours of your booking time. This includes amendments to the number of guests attending. Minimum notice of 24 hours needs to be given to avoid any charges. Note that attending the venue for mini golf but not honouring your table reservation constitutes a no show and therefore the no show fee will be charged. Note that attending your table reservation but not meeting the minimum spend, if you have a group of 8 or more people, will result in the difference of the min spend and actual spend being deducted from the pre-authorisation. Table bookings with no credit card guarantees are subject to cancellation by the discretion of the venue managers.

GROUP BOOKINGS
For exclusive event bookings, a 25% deposit is required at the time of booking to secure the date. Deposits are not refundable. Booking agreements are only provided when the total amount of the event is in excess of $20,000. When the event total is under $20,000, the itemised invoice replaces the booking agreement.

Groups of 10 guests or more can choose from our packages that include mini golf, beverage/s and finger food. If you do not choose a package, for groups of 8 or more people (children included) we have a minimum spend of $50 per person for all guests dining in. The minimum spend amount applies to all people on the table. All food and drinks ordered on the day or night will contribute to the minimum spend.

House Rules

• Only one player on each hole at a time.
• A maximum of 4 players can play one hole. Larger groups must split into separate teams.
• The courses must be played in sequential order. That means starting at hole 1, then playing hole 2, hole 3 etc.
• Only Birdies equipment including putters and balls can be used on our course.
• You must immediately report any faults that you encounter to reception or if reception is unattended, to any other member of our staff. Do not try to repair any faults yourself.
• If we are attending to a fault at a particular part of the golf course, you cannot play at that part of the golf course.
• We reserve the right to refuse you entry and/or discontinue play if you exhibit careless or reckless conduct.
• We do not accept any responsibility for any personal property that is brought to a Birdies venue.

Cakes and Decorations

You may only bring a cake and/or decorations if you have booked an event package.  Unfortunately, we do not permit BYO cakes for regular bookings.

Damage, Breakages or Not Returning Putters

If, whilst at the venue, you break something as a result of being careless, reckless or not taking reasonable care, then we reserve the right to recover the wholesale value of the broken/damaged item. This also applies if you were not supervising your children and they broke something in the venue.

It is the responsibility of the customer to return the putters to the front desk and have these checked off by a team member. If putters are not returned or if they are damaged, then a fee of $300 per putter as a replacement fee will be charged.

Liquor Licence

VCGLR Licence Number 32365545.

Risk Warning and Acknowledgement

A Birdies recreational activity means any sporting or leisure activity of any kind (whether related to golf or otherwise) that is conducted at our premises which you participate in, including passive participation for example by observing the recreational activity.

Before you participate in a Birdies recreational activity, make sure that you know and understand the risks involved.

Participation in a Birdies recreational activity can be inherently dangerous and may result in serious personal injury and death. Particular risks include twists, sprains, broken bones, spinal injury, paralysis, physical injury and/or death. If you suffer from a health condition, please consult your medical professional before participating in a Birdies recreational activity to determine whether you face additional risks associated with your health condition; and whether our recreational activities are suitable for you.

THE BELOW LIMITS YOUR LEGAL RIGHTS AND REMEDIES

WE ARE THE SUPPLIER OF RECREATIONAL SERVICES AS DEFINED IN SECTION 22 OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012.

WARNING: IF YOU PARTICIPATE IN THESE ACTIVITIES YOUR RIGHTS TO SUE THE SUPPLIER UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 IF YOU ARE KILLED OR INJURED BECAUSE THE ACTIVITIES WERE NOT SUPPLIED WITH DUE CARE AND SKILL OR WERE NOT REASONABLY FIT FOR THEIR PURPOSE, ARE EXCLUDED, RESTRICTED OR MODIFIED IN THE WAY SET OUT IN OR ON THIS NOTICE.

NOTE: THE CHANGE TO YOUR RIGHTS, AS SET OUT IN OR ON THIS NOTICE, DOES NOT APPLY IF YOUR DEATH OR INJURY IS DUE TO GROSS NEGLIGENCE ON THE SUPPLIER’S PART. “GROSS NEGLIGENCE”, IN RELATION TO AN ACT OR OMISSION, MEANS DOING THE ACT OR OMITTING TO DO AN ACT WITH RECKLESS DISREGARD, WITH OR WITHOUT CONSCIOUSNESS, FOR THE CONSEQUENCES OF THE ACT OR OMISSION. SEE REGULATION 5 OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING REGULATIONS 2012 AND SECTION 22(3)(B) OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012.

Force Majeure

In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

If and when the period of such incapacity exceeds six months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.