Terms & Conditions

The following terms and conditions (Terms) apply to all persons who purchase any ticket for an event from The Gardens Outdoor Cinema and Beer Garden Pty Ltd (ACN 668 401 438) trading as ‘The Gardens Outdoor Cinema’ of PO Box 1080, Mountain Gate Vic 3156 (“The Gardens”, “we”, “us” or “our”). As these Terms are an important legal document, we recommend that you read these Terms carefully before purchasing a ticket or taking any further steps on our website.

1.0 Sale of Tickets

1.1 Tickets can only be purchased from this website by credit card or debit card.

1.2 An email confirmation of your ticket(s) that you have purchased will be sent to the email address provided at the time of ticket purchase. You should ensure you enter your email address correctly so your ticket(s) are sent to the correct email address.

1.3 Your booking confirmation and/or PDF ticket must be presented to The Gardens staff on entry to the venue, either via your mobile device (preferred) or in print version. The Gardens staff will not handle the tickets or your mobile device – the barcode on the ticket will be scanned by them contactlessly.

1.4 Tickets for an event or designated screening of a movie are only valid for the time(s) and date shown on the ticket.

1.5 You agree that The Gardens may at its discretion, refuse to sell tickets to you or withdraw any tickets from sale via this website.

1.6 Tickets purchased via this website will either be digitally sent to you instantly or be available for collection at the relevant cinema from the ticket box office.

1.7 Where concession tickets are purchased for the event, suitable identification must be presented upon collection of the tickets.

1.8 All ticket sales are final, non-transferable and not available for exchange unless required by law.

1.9 The Gardens reserves the right to charge patrons for the booking price of a replacement of lost or damaged ticket for an event or designated screening of a movie.

1.10 All transactions are in AUD – Australian dollars and a booking fee may be payable on all tickets.

1.11 GST will apply to all goods and services supplied through this site.

1.12 Guests must comply with any State-mandated Public Health order/s relating to the venue, including mask wearing and vaccination directives, where required.

1.13 If seat allocation is applicable for an event or designated screening of a movie, such a purchase is on a “best available” basis and is carried out by a prescribed computer program. By purchasing tickets via this website you agree that:

  • (a) you will accept the seat allocated by The Gardens to each ticket purchased; and
  • (b) The Gardens has made no warranties or representations to you that you will be seated in a particular seat, row or section for an event or designated screening of a movie.


1.14 If seat allocation is not applicable for a screening: 

  • (a) seating is not allocated or reserved in advance and is given on a first-come, first-served basis per ticket for an event or the screening of a movie session. Our onsite staff will be available to assist you in finding a suitable seating area for you, and your group; and
  • (b) you are permitted to bring along picnic blankets or chairs to the event in all locations. If you wish to bring a high camping chair, our onsite staff will be available to assist you in finding a suitable seating area out of obstruction of the screen.

2.0 Event Cancellation and Refunds

2.1 The Gardens reserves the right to cancel, delay or suspend an event or designated screening of a movie at its discretion due to any circumstances including without limitation, adverse weather, unavailability of the venue, government restrictions, COVID-19, danger, statutory requirements or any other cause. 


2.2 You expressly agree that refunds and exchanges will not be made available to patrons for errors made in booking sessions, the inability of a person to attend or if a person chooses to leave the venue prior to the end of the relevant screening.


2.3 You expressly acknowledge that The Gardens is an outdoor event and is occasionally subject to adverse weather conditions. We try to go ahead with screenings wherever safely possible. We strongly recommend patrons bring wet weather gear to screenings in case of rain (note the use of umbrellas during screenings is not permitted as it obstructs the view of other audience members). Screenings times and sessions may be cancelled if the weather poses a safety threat to patrons and staff. 


2.4 The decision to cancel a screening shall be made at the sole discretion of The Gardens, and can be made at any time up to or during an event or designated screening of a movie. 


2.5 Patrons expressly agree and accept that prior to purchasing a ticket for an event or designated screening session that there is a risk that adverse weather conditions may occur at an event or screening and acknowledge that tickets will not be reallocated unless an event or screening is cancelled by The Gardens before the screening of an event or designated screening session.


2.6 In the event of a cancellation of an event or designated screening session, tickets may be converted to a redeemable voucher equivalent to the value of each ticket purchased for a future event or screening session during that season. You must retain your original tickets (and redeemable voucher) in order to re-use them at a future event or screening.


2.7 Refunds will only be granted if:

  • (a) there is no availability for remaining events or screenings during that season; and 
  • (b) if requested by you within 7 days after a cancelled event or screening. 


The Gardens are not able to process refunds on site and The Gardens must be contacted via email or over the phone to process any such refunds.

2.8 Any cancellation, delay or suspension of a screening will not entitle the ticketholder to make any claim against The Gardens whatsoever including without limitation in respect of any prepaid travel and accommodation expenses.

2.9 Except as specifically provided in these Terms, The Gardens will not offer refunds or exchanges as a result of any change in your personal circumstances which might restrict your attendance at the event or designated screening session or time, and is not liable for any other losses incurred by you as a result of any cancellation, rescheduling and/or relocation of an event or screening (eg travel and accommodation expenses).

2.10 When an event or screening session is cancelled, patrons may receive a notification to the mobile number or email address that they entered when purchasing tickets online. The email will contain instructions on how to rebook for another session. Instructions on how to re-book a an event or screening session are also available on the FAQ under the heading "My session was cancelled due to Adverse Weather. How do I Re-Book".

2.11 The sale of tickets for an event or designated screening session on any given date and time are subject to the capacity of the premises where the session is being screened and entry is not guaranteed.

3.0 Conditions of Entry

3.1 The Australian Classification Board makes classification decisions about films under the Classification (Publications, Films and Computer Games) Act 1995. The Gardens may require proof of age identification in order to permit a person entry to a particular screening at the event.

 

3.2 Children under the age of 15 must be accompanied or be supervised by a parent/guardian throughout the event or designated screening session. 

 

3.3 Entry will not be permitted without a valid ticket for the event or screening session on a designated date. Please keep your ticket secure and do not share it with other persons. Your entry may be refused if a ticket purchased for an event or designated screening session screening is damaged or defaced in any way or is not purchased from an authorised point of sale.

 

3.4 Entry will not be permitted to patrons who arrive more than 15 minutes after the main film has commenced. This is necessary for safety and traffic management issues and to ensure no disturbance is made to other patrons. No refunds or compensation will be payable by The Gardens in such circumstances.

 

3.5 The use of phones, cameras, recording devices, umbrellas or other similar devices must not be used during the screening of the event or designated screening session. 

 

3.6 Gates will open approximately 2 hours before the pre-film content commences. No entry will be permitted before this time. Patrons should check their confirmation email to ensure they arrive at the venue at the permitted entry time.

 

3.7 There is a strict speed limit of 5km p/h within the venue. We ask that you please drive responsibly, adhere to the designated speed limit and follow all instructions of traffic management staff.

 

3.8 Alcohol, drugs and illegal and dangerous substances are strictly prohibited to be brought onto the site by a patron to an event or a designated screening session. Alcohol may however be purchased by a patron entitled to attend an event or a designated screening session from The Gardens in an allocated area, which shall be supplied by The Gardens in accordance with their responsible service of alcohol guidelines.

 

3.9 The Gardens is a smoke-free, vape-free and dog-free venue. The Gardens kindly asks that all patrons please leave the venue if they wish to smoke or vape. 

 

3.10 Persons attending The Gardens event or venue must at all times:  

  • (a) be of neat and inoffensive appearance; 
  • (b) behave properly and responsibly; 
  • (c) not engage in any behaviour that is likely to cause damage, injury, nuisance or annoyance
  • (d) comply with all directions of The Gardens staff.


Intoxication, aggressive or anti-social behaviour is unacceptable.

3.11 The Gardens reserves the right to: 

  • (a) refuse entry to any person;
  • (b) demand that any person leave the event or venue, or forcibly remove a person from the event or venue if these Terms are not adhered to; and
  • (c) search all vehicles, persons and their possessions.

 

3.12 Bag checks may be conducted and patrons refused entry based on any items deemed dangerous to the welfare of staff, patrons or others.

 

3.13 First-aid staff may be available at the event or venue. Please contact a member of staff if you require any assistance at any stage.

 

3.14 You must leave The Gardens promptly at or before the scheduled closing time.

4.0 Privacy and access

4.1 Any personal information that The Gardens collects from your use of this web site will be handled, stored and used in accordance with the privacy policy on this website.

4.2 The Gardens may refuse access to this website at any time in its sole discretion.

4.3 You may be asked to provide personal information to The Gardens before purchasing any tickets from this website, before entering any competition on the website or before registering as a member of this website. If you do not provide that personal information to The Gardens, The Gardens may not be able to sell you tickets, enter you into that competition or register you as a member.

4.4 The Gardens will use its reasonable endeavours to maintain the security of any personal information that you provide. This website has security measures in place to protect the loss, misuse and alteration of the information under The Garden’s control. However, no data transmission over the internet can be completely secure, and The Gardens cannot give an absolute assurance that the information you provide to us will be secure at all times.

4.5 You are aware that The Gardens attracts considerable media interest. By purchasing your ticket and/or attending the event you are agreeing for your name, photograph and/or footage of you to be used by The Gardens (and its related bodies corporate) for promotional, marketing or advertising purposes without restriction.

5.0 Variation

5.1 The Gardens reserves the right to:

  • (a) vary these Terms;
  • (b) withdraw, reschedule or substitute films and/or vary advertised prices, event times and inclusions without notice and at any time.


5.2 If there are any variations to these Terms, they shall become effective upon The Gardens posting the variation on this website.

5.3 By making a purchase through this website after these Terms have been varied, you agree to be bound by the variation upon the change being posted on this website.

6.0 Representations and Warranties

6.1 You acknowledge and agree that:

  • (a) apart from where required by law, the sale of tickets for an event or screening session is provided “as is” without warranties of any kind, express or implied; and
  • (b) apart from where stated to the contrary on this website, The Gardens has not made any representations or given any warranties that tickets to any particular event, movie or session will be available for sale to you.

 

7.0 Disclaimer

7.1 Except as provided by law, neither The Gardens nor any of its affiliates, employees, officers and agents of The Gardens will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:

  • (a) your use of this website;
  • (b) any tickets or other goods or services supplied pursuant to these Terms; or
  • (c) in respect of the failure of The Gardens to comply with its obligations under these Terms.


7.2 Parking facilities are available on site for patrons, and vehicles are left at the owner’s risk.

7.3 You are responsible for all property that you bring to the event and The Gardens and its related bodies corporate do not accept any responsibility for loss or damage to any of this property.

8.0 Indemnity and Release

8.1 If The Gardens suffers or incurs any loss or damage in connection with any breach of these Terms, you agree to indemnify The Gardens for those losses and damages.

8.2 You agree to not cause any loss or damage to any property while at the event or venue. You will indemnify and keep The Gardens and its related bodies corporate indemnified from all actions, claims, demands, costs, damages or proceedings whatsoever arising from your acts or omissions and/or the acts and omissions of your minor children at The Gardens.

8.3 You acknowledge that you enter The Gardens and the venue and participate in the event strictly at your own risk. You understand that there are inherent and other risks associated with attending an outdoor, drive-in, all weather event. To the extent permitted by law, you release The Gardens and its related bodies corporate (including their directors, officers, employees, volunteers, contractors, sponsors and agents) from all and any claims and liability incurred by you in connection with any loss, injury or damage you may suffer by attending the event and the venue, however caused.

9.0 Implied Terms

9.1 Where legislation implies in these Terms any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms.

9.2 However, the liability of The Gardens for any breach of such condition or warranty or any other breach of these Terms will be limited, at the option of The Gardens, to one or more of the following:

(a) If the breach relates to goods:

  • (i) the replacement of the goods or the supply of equivalent goods;
  • (ii) the repair of such goods;
  • (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • (iv) the payment of the cost of having the goods repaired; and

 

(b) If the breach relates to services:

  • (i) the supplying of the services again; or
  • (ii) the payment of the cost of having the services supplied again.

 

10.0 Governing Law

10.1 These Terms shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.

10.2 You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.