TERMS AND CONDITIONS
The Blues Train Pty Ltd | ABN 58 111 744 300.
By accessing or using any part of this site, purchasing a ticket online for the Blues Train event through The Blues Train, Rezdy, or any authorized agent, you agree to be bound by these Terms and Conditions.
Bookings and Standard Refund Policy
- Patrons acknowledge that they are travelling on board a moving train (the “Train”) and will have the opportunity to move about and dance during The Blues Train event (“the Event”). Please note there is no reserved seating on board the Train (the “Train”).
- Patrons also acknowledge that there are no toilets on board the train (the “Train”), however, there are toilet facilities at each stop, made every half hour throughout The Blues Train event (“the Event”).
- All bookings for The Blues Train Pty Ltd (“The Blues Train”) must be paid in full in advance to confirm the booking.
- Tickets will be delivered to you by email following completion of the booking process. Lost tickets can be re-issued only to the same email address under which they were purchased, by calling the Blues Train office.
- Online ticket sales will cease when the allocation of tickets is exhausted, or at a time otherwise specified.
- Tickets cannot be refunded, exchanged or transferred after purchase except as required by law or as otherwise specified by The Blues Train. Ticket exchanges may be permitted under certain conditions, in which case fees may apply.
- Tickets may not, without the prior consent of Us, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder.
- We reserve the right not to sell tickets to any person, agent or company.
- We reserve the right to alter the date, the venue layout and the entertainment and activities as advertised, without prior notice to ticket holders. Any entitlement to refunds in such circumstances is at Promoter discretion.
- If the date, time or entertainment line up of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time or entertainment line up.
- Gift Cards and discounted/sale items are non-refundable unless a breach of a consumer guarantee under the Australian Competition and Consumer Law is established to the reasonable satisfaction of The Blues Train.
- If The Blues Train determines that the price of tickets set out on its website is in error, persons who have purchased tickets will be contacted. If the error has resulted in the purchaser being overcharged, the amount overcharged will be refunded. If the error has resulted in the purchaser being undercharged, The Blues Train reserves the right to charge the purchaser the balance of the correct ticket price. If ticket holders disagree, tickets can be cancelled and a full refund provided net of the non-refundable booking fee.
- Tickets may be purchased Australia wide and internationally, but ticket holders must be present at the venue on the date of the performance. No refunds will be given if the ticket holder cannot attend the Event for whatever reason.
- Tickets may only be purchased with a credit card issued in the purchaser’s name. Fees and surcharges include GST.
- Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction, or alternatively by direct debit to a nominated Australian banking account. If you purchased tickets using a ‘disposable’ or ‘temporary’ credit card (such as those purchased over the counter at a supermarket, or a gift card) we are unable to make any refund to you.
- The Blues Train reserves the right to charge a replacement fee for lost or damaged tickets.
- The Blues Train reserves the right to change without notice advertised programs, artists, performers and their respective content, menus, dates and times, prices, venues, seating arrangements, programmed times and audience capacities. No claim for compensation shall be made in the event that the program is varied due to the non-appearance of an advertised artist.
- Adequate time must be allowed for the collection of tickets on arrival at the Event. The Blues Train does not accept responsibility for any delays that may be encountered at the Box Office prior to the Event.
- Patrons may be required to produce their ticket(s) as proof of authorised entry at any time.
- Tickets are only valid if purchased through The Blues Train, or an authorised agent. Tickets may not, without the prior written consent of The Blues Train, be resold or offered for resale at a premium (including via on-line auction sites), nor may they be used for advertising, promotional, or other commercial purposes. Tickets sold or used in breach of this condition may be cancelled without a refund, with the bearer of the ticket being refused admission.
- The Train runs in all weather conditions, including total fire ban, where a diesel engine is used to replace the steam engine. A diesel engine may also be used when the steam train is undergoing repairs or maintenance. The Blues Train may cancel, interrupt or stop the Event due to dangerous situations, adverse weather, mechanical breakdown, or any other causes beyond our reasonable control. The Blues Train does not guarantee a train journey and reserves the right to change the course of the journey at its sole discretion. The Blues Train does guarantee the presentation of 4 musical acts, or as otherwise advertised, on board the Train. In some circumstances, where the musical acts are cancelled, the Blues Train may at its sole discretion, offer a free ticket for a replacement Event.
- If you have any concerns about your ability to ride the Blues Train through physical or other disabilities, please contact us prior to booking a ticket or the Event.
COVID-19 Refund Policy Variations
- In the event that a Blues Train event is not permitted to proceed due to COVID-19 restrictions, ticket holders will be issued a travel credit to be used at a later date when the event is rescheduled.
- Refunds will be guaranteed only if The Blues Train event is cancelled and not to be rescheduled, in accordance with consumer guarantees under the Australian Consumer Law (ACL), unless the event is cancelled because of circumstances beyond reasonable control (excluding COVID-19 reasons as set out within this section) such as extreme/adverse weather (including adverse air quality), natural disaster, war, sabotage, riot, acts of terrorism, national emergency, fire, explosion, power shortage, strike or other labour difficulty, epidemic and/or quarantine/lockdown (excluding where related to COVID-19), government intervention, or plant or equipment breakdown.
- Refund requests will be considered if – a) you are prevented from travelling to the venue due to State, Territory or Commonwealth government travel restrictions and you advise us that you’re unable to travel within 7 days of the event (allowing us enough time to refund you and re-sell the ticket to someone else). b) You, any member of your group, or any close contact of a member of your group have experienced COVID-19 symptoms and/or you are required to isolate. These requests must be accompanied by evidentiary support of the claim (ie. a medical certificate or pending test notification) and must be submitted at least 48 hours prior to your attendance at the event (or as soon as reasonably practicable, if you have valid reasons why 48 hours notice is not possible). c) In any other circumstances the Promoter deems appropriate.
- Refunds or credits will be refused in circumstances such as – a) the tickets are complimentary tickets. b) you decide not to attend the event because you have changed your mind or are unable to attend due to other personal reasons (excluding COVID-19 reasons set out above).
- We appreciate that some of our group bookings on The Blues Train are to celebrate a special ONE OFF occasion such as a milestone birthday or a work function. Should a show be postponed specifically due to COVID restrictions and your occasion will hence be celebrated elsewhere, you will initially be issued a travel credit, however group bookings of 20+ will be granted a full refund upon request.
- Any approved refund requests will attract a $50.00 (inc gst) administration and processing fee. This fee will be deducted from the refund amount prior to refund being processed. Refunds will only be made via direct debit bank transfer to the patrons nominated Australian bank account once confirmed in writing. All booking and credit/debit card surcharge fees remain non-refundable.
Purchasing and Payment
- Unless indicated as “NOT YET ON SALE”, “ALLOCATION EXHAUSTED” OR ‘SOLD OUT’, all tickets are available to purchase directly through our website. To make a purchase, select the date you wish to travel, select the number of tickets (and the starting carriage) and click “Book Now”. Enter a Gift Certificate, Gift Card or Promotional Code in the designated section and then enter your contact and payment details (credit card)
- All prices on our website are in Australian dollars (AUD) and are GST inclusive where applicable. Prices are subject to change without notice.
- We accept payment in Australian dollars through our checkout. We utilise Stripe as our payment gateway and can process Visa, Mastercard and American Express, cards. Please contact us directly if you would like to make payment via direct debit. Some international credit cards are accepted.
- A credit card surcharge is added to transactions. The amount charged is equivalent to that charged to us by the payment gateway. See https://stripe.com/au/pricing for current surcharge pricing.
- The right of admission to the Event is reserved by The Blues Train.
- The Blues Train does not accept hens or bucks nights and reserves the right to refuse entry for such events. As alcohol is available for purchase during the Event, minors (persons under 18) are not permitted to the Event and will be refused entry.
- The Blues Train does not accept children or “babe-in-arms” and reserves the right to refuse minors entry to the Event.
- Late comers will only be admitted to the Event at the discretion of The Blues Train and may be refused entry completely.
- Patrons who are, in the opinion of management, offensively attired or whose attire may cause a hazard or compromise safety, including inappropriate footwear such as thongs or flip flops, may also be refused entry to the Event.
- The Blues Train encourages the responsible service of alcohol. Alcoholic beverages must not be taken into or out of the Event. It is an offence for minors to purchase or consume alcohol or for persons to supply alcohol to minors.
- The Blues Train reserves the right to refuse entry to, or to remove from the Event any patrons who are intoxicated, drunk, disorderly, whose conduct is unlawful or offensive, or who are not entitled to attend the Event.
- Bags and other items may be subject to inspection and patrons may be searched. Patrons who refuse inspections or searches may be denied entry to the Event. Items which, in the opinion of The Blues Train, have the potential to cause injury or a nuisance or inconvenience to any other person will not be permitted into the Event. These include controlled, dangerous or illegal substances, alcohol and weapons of any description and any other items considered by management to have the potential to cause injury or a nuisance or inconvenience to any other person.
- Any patron who causes a disturbance or who refuses to comply with reasonable requests from management may be removed from the Event at the first available station and a taxi will be summoned on their behalf.
- Unauthorised persons are prohibited from entering the Event and any other area not accessible by the public
- Smoking is prohibited at all times on the Train but is allowed in designated smoking areas when the Train is stationed.
- A meal is included in the event ticket. As part of the event’s Responsible Service of Alcohol, a meal must be consumed unless by prior written arrangement with the promoter. Should consumption of a meal be refused, the promoter reserves the right to restrict or refuse consumption of alcohol.
- At the commencement of the Event a safety briefing is given to all patrons.
- There are one to six exit doors per carriage of the Train (each carriage carries 52 people). Should an evacuation be required, staff will open as many doors as the circumstances may safely permit and will assist in disembarkation. Any emergency evacuation will be carried out by The Blues Train security staff and Bellarine Railway guards.
- Security guards are present at all times during the Event in each carriage of the Train along with The Blues Train staff. Security guards are clearly identified by ID and fluorescent yellow vests, or as indicated during the Event. At all times they carry mobile phones, two-way radio equipment and a torch.
- The Blues Train provides safety ramps as a courtesy on each carriage (although this is not a prerequisite of railway operations). Patrons will need to mind the gap when embarking and disembarking. Patrons are asked to ask for assistance from our security personnel if required.
- There are fire extinguishers in every carriage of the Train.
- First aid facilities and equipment is available at all times.
- Should patrons have concerns for their safety or the safety of others during the Event, you should immediately contact security staff with concerns.
- If you have any food allergies, please contact the Blues Train caterers a minimum 7 days prior to the event.
- For the comfort and safety of all patrons, the following items are NOT permitted at the event – a) smoking outside the designated smoking areas. b) animals, other than animals recognised as assistance animals under the Disability Discrimination Act 1992 (Cth). Blues Train staff and/or Security, acting reasonably, may request evidence than at animal is an assistance animal and/or is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place. c) drones, flares, fireworks, firecrackers, smoke bombs and laser pointers. d) bbq’s or cooking equipment.
- Bellarine Railway is responsible for the safe running of all activities on the Train used by The Blues Train Pty Ltd. The Blues Train is responsible for all activities related to viewing of live music and consumption of alcohol.
- Bellarine Railway and The Blues Train are fully insured.
- Patrons enter the Event, including on board the train, at their own risk. The Blues Train will not be responsible for any loss, damage (including property damage, personal injury, economic and consequential loss) or injury however else it may arise, including but not limited to from a pre-existing medical condition, a breach of these conditions or as a result of the patrons behaviour.
- The Blues Train takes no responsibility for any hearing damage or loss, please use ear plugs if necessary.
- Patrons bring personal effects onto the premises at their own risk. The Blues Train will not be responsible for any damage to or loss or theft of a patron’s personal property. Any lost property will be handed to Bellarine Railway if not claimed after the show. Contact Bellarine Railway 03 5258 2069.
- All ticket holders consent to any official filming, photography and sound recording as members of the audience. These images and recordings may be published by The Blues Train publicly at its discretion.
- The possession or use of video cameras, professional photographic equipment (including SLR with interchangeable lens), other visual, sound recording or transmission equipment is absolutely prohibited. Any person, not endorsed for film and/or photography as appropriate, found using a video camera or any device to record performances will be expelled from the Event, will lose their Event ticket, and may render the offender liable for legal action.
- The Blues Train is a registered business, company name and registered trademark. Any use of the Blues Train name, its product or its logo must not be used unless authorised in writing by The Blues Train Pty Ltd.
- The train runs in all weather conditions, including total fire ban, where a diesel engine is used to replace the steam engine. A diesel engine may also be used when the steam train is undergoing repairs or maintenance.
- No promise is made by The Blues Train that this website is error free or that files downloaded from this site are free of viruses or contamination. As set out in the Competition and Consumer Act 2012 (Cth) or otherwise permitted by law, we will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the website and its content, whether based in contract, tort, negligence , statute or any other legal theory, and whether or not we know of the possibility of such damage.
- In accordance with the Privacy Act 1988 and the National Privacy Principles, we collect the personal information you provide so that we can communicate with you before the event and advise you of future events. Your consent to keep your details is implied unless you notify us that you do not consent to your information being so used, however, if you do not provide the information sought we will be unable to process your ticket order. Under no circumstances will information be sold or provided to any external agency for any purpose.
- Any ticket/s and/or show may be cancelled or rescheduled at Promoter discretion.
- Public Holiday Surcharge of 20% applies to Victorian Public Holidays.
- These Terms and Conditions and any separate agreements shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
- If we have accepted your order and, for any reason beyond our control, including events of fire, flood, storm or tempest, criminal act, riot, civil disturbance, strike action (whether lawful or unlawful), lock-out or acts of war, terrorism, or any other act beyond our control the Event is closed, a performance is cancelled or suspended, you may:
– nominate another date, subject to availability, at the then prevailing price and agree to pay the difference in price (if any); or
– be repaid any amount already paid;
But you agree that you will not seek or be eligible for any other compensation for loss of opportunity, loss of bargain or any economic or consequential loss of any kind.
These terms are in line with Live Performance Australia’s Ticketing Code Of Practice
The Blues Train Pty Ltd and Stripe Security Policy
The Blues Train Pty Ltd uses the Stripe Payment Gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Stripe gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by The Blues Train Pty Ltd or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within Stripe’s bank-grade data center, further protecting your credit card data.
For more information about Stripe and online credit card payments, please visit www.stripe.com/au
After ordering online, you will receive an email confirmation containing your order details. This will be followed by an email containing your tickets in PDF format.
If you wish to query an order please contact us at [email protected]
Your event ticket will list our terms and conditions, however these are updated from time to time. Therefore, the terms and conditions that apply to any particular event, purchase or transaction are those set out on our website. We recommend you periodically check our website to ensure you are aware of the latest terms and conditions applicable to The Blues Train event and ticketing processes.
Last Updated: 17th September 2021