- General Terms and Conditions
- Gift Cards
- Voucher Terms & Conditions
- Shop Returns and Exchange Policy
PHILLIP ISLAND NATURE PARKS TERMS AND CONDITIONS
By clicking the accept button on our website, submitting an Order to purchase a Ticket or otherwise entering a Nature Parks Site, you agree that you have read, understood and will be bound by these Terms.
If you purchase or otherwise provide a Ticket for any person under the age of 18 years of age (or any person otherwise incapable of agreeing to these Terms) or such a person otherwise accompanies you at a Nature Parks Site, then you will ensure that person will also comply with these Terms.
In these Terms, the words below have the following meanings:
(a) the Nature Parks attractions located at Philip Island and which include the Penguin Parade, the Koala Conservation Reserve, Churchill Island Heritage Farm and Nobbies Centre Antarctic Journey; and
(b) any other attraction operated by Nature Parks which Nature Parks determines is an Attraction for the purposes of these Terms.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Consequential Loss means:
(a) any form of indirect, special or consequential loss, including loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
(b) any loss beyond the normal measure of damages.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
COVID means the pandemic and / or public health emergency arising from the virus and respiratory illness known as COVID-19 and any associated strain, variety or mutation of that virus or illness, including all associated states of emergency, public health directives and other related government directions or laws.
Force Majeure Event means any event arising from, or attributable to, acts, events, omissions or accidents which are beyond our reasonable control including but not limited to outbreaks of infectious disease, pandemics (including COVID), epidemics, laws and government orders or directions relating to quarantine, restrictions on business operations and / or the movement of people, fire, flood or adverse weather conditions such as extreme hot weather, high wind or heavy rainfall.
Gift Card means a gift card, gift voucher or gift certificate which the holder of the card can use to redeem for goods and / or services as set out in the card, voucher or certificate.
Nature Parks, we, us or our means Phillip Island Nature Park Board of Management Inc. ABN 88 940 950 118.
Nature Parks Personnel means all Nature Parks employees, directors, officers, agents and authorised contractors.
Nature Parks Site means a site, location or premises where an Attraction is located or otherwise held.
Order means any order or other request by you to Nature Parks to supply to you any Tickets, whether the order or request is written, verbal, submitted online or implied in the circumstances.
Terms means these terms and conditions.
Ticket means a ticket issued by us which permits the holder of the ticket to enter and access the relevant Attraction subject to these Terms.
Ticket Price means the price charged by us to purchase a Ticket and access the relevant Attraction.
You or your means each person who purchases a Ticket or uses the Ticket to access a Nature Parks Site and, where the context required, includes each Visitor.
Visitor means each member of the Visitor Group.
Visitor Group means you and each person on whose behalf you purchased a Ticket.
2 Condition of entry
It is a condition of acceptance of any Order by us and of entry to any Nature Parks Site that you, and each Visitor:
(a) complies in full with these Terms and we reserve the right to refuse entry to any person or to remove a person from a Nature Parks Site if they fail to comply with these Terms (including clauses 8 and 22); and
(b) has a valid Ticket or permission from Nature Parks to enter the Nature Parks Site.
3 Orders and ticketing
3.1 We are not bound to accept any Order and may decide not to accept any Order for any reason in our sole discretion.
3.2 You will pay the Ticket Price for the Tickets at the time when you place your Order for the Tickets.
3.3 You agree that, subject to any rights which you may have under the Australian Consumer Law, Tickets are non-refundable, non-changeable, non-transferable and are not able to be rescheduled (including if the Ticket is lost, altered, damaged or destroyed, in the event of adverse weather conditions or low animal numbers at the Attraction) other than in accordance with clause 3.6 or with the written consent of Nature Parks.
3.4 To be permitted entry to the Attraction which is the subject of the Ticket, you and Visitor must present your Ticket (either in physical or electronic form) to Nature Parks Personnel at the Attraction.
3.5 Unless specified otherwise on the Ticket or notified to you in writing by Nature Parks, Tickets for the Penguin Parade Attraction are valid only for the date and time printed on the Ticket. For all other Attractions (such as the Koala Conservation Reserve, Churchill Island and Antarctic Journey), Tickets are valid for one entry within six months from the date the Ticket is acquired from us.
3.6 If you wish to upgrade your Ticket for an Attraction, the Ticket Price may be used as credit towards the payment of a new Ticket at the Attraction of equal or higher value provided there is availability on the requested date.
3.7 To be eligible for a children’s Ticket, the child must be between 4 to 15 years of age (inclusive). Children under the age of 4 years are required to have a Ticket to enter the relevant Nature Parks Site but no fee is payable for any such Ticket.
3.8 A family Ticket includes 2 adults and 2 children (aged 4 to 15 years of age (inclusive)).
3.9 To be eligible for any concession Ticket or carer Ticket offered by us, you or the relevant Visitor must be able to provide suitable and relevant identification (such as Australian Pensioner’s Cards or Australian Senior’s Cards) which must be provided when purchasing the Ticket.
3.10 If requested by Nature Parks Personnel, you and any Visitor must present the Order confirmation number, any credit card used to purchase the Ticket, photo identification and valid proof of any concession entitlement on entry into the Nature Parks Site.
3.11 Tickets may not be resold without our prior written consent. If we reasonably believe that a Ticket has been resold without our prior written consent, the holder of the Ticket may be refused entry to the Nature Parks Site and will not be entitled to any refund or other compensation.
3.12 We may refuse to honour or redeem any Ticket if we reasonably suspect that the Ticket has been altered, defaced or is being used in a fraudulent or illegal manner.
4 Operating times
4.1 The operating hours for the Attractions may vary at different times during the year. Please refer to our website for up to date operating hours.
4.2 We reserve the right to change the days and times of operation of the Attractions.
5.1 Where reasonably necessary for operational, safety or security reasons, we reserve the right to cancel or suspend access to any or all Attractions including without limitation as a result of a Force Majeure Event.
5.2 We will endeavour to provide you with prior notice by email or text message of any cancellation or suspension of access to an Attraction but at times it may not be possible to provide such notice.
5.3 If we decide to cancel or suspend access to any or all Attractions, you acknowledge that, subject to any rights you may have under the Australian Consumer Law, you will not be entitled to a refund of the Ticket Price or exchange, transfer or return of the Ticket.
6 Late arrivals - Penguin Parade
6.1 We encourage you and all Visitors to arrive at a reasonable time before the scheduled start time of the Penguin Parade Attraction.
6.2 Ticket holders for an Attraction will be admitted up the last advertised entry time for the Attraction, after which time admissions may be refused without refund. The full entry fee will apply for those without pre-purchased tickets. Late arrival to an Attraction may result in the Ticket being forfeited
7 Price and payment
7.1 Subject to clause 7.2, unless we agree otherwise, the price for entry and access to the relevant Attractions is the relevant Ticket Price.
7.2 All Ticket Prices are in Australian Dollars and include GST.
8 Your acknowledgments
8.1 You acknowledge and agree that:
(a) we reserve the right to refuse entry to any Nature Parks Site to any person;
(b) we are unable to guarantee what animals may be present at an Attraction or the number of animals that may be present at an Attraction;
(c) we may request any person to leave any Nature Parks Site and, upon such request, that person must immediately leave the Nature Parks Site;
(d) Nature Parks Personnel are entitled to take appropriate action to enforce these Terms and any other Nature Parks policies, instructions, directions and warnings; and
(e) if we consider that you or any Visitor is under the influence of alcohol or drugs then we may decline to allow you or the Visitor, as applicable, access to any Attraction and / or require you or the Visitor to immediately leave the relevant Nature Parks Site.
8.2 You must not and must ensure that no Visitor brings any alcohol or drugs (other than prescription medication required for a medical condition), or any weapons, firearms, fireworks or other items which may reasonably be considered to be dangerous onto any Nature Parks Site.
8.3 You acknowledge and agree that Nature Parks Personnel may inspect, search or scan your and any Visitor’s belongings and person (including your bag) upon entry to a Nature Parks Site and you agree to accommodate any reasonable requests in respect of such inspection, search or scan. If you fail to submit to any inspection, search or scan, we may cancel your Ticket and refuse your entry to the Nature Parks Site without providing a refund or any other compensation.
8.4 If we reasonably consider that you, or any Visitor, has:
(a) engaged in any conduct, which threatens, offends, insults, humiliates, intimidates, disparages or vilifies other persons on any basis including, but not limited to, that other person’s race, religion, colour, descent or national or ethnic origin, special ability/disability or sexual orientation, preference or identity while on a Nature Parks Site;
(b) used indecent or obscene language or threatening or insulting words, or otherwise behaved in a threatening, abusive, riotous, indecent or insulting manner; or
(c) interfered with, obstructed or hindered the holding of any Attraction,
we may require you or the Visitor to leave the Nature Parks Site and you or the Visitor must immediately leave the Nature Parks Site.
8.5 Smoking, vaping and the use of e-cigarettes is strictly prohibited on all Nature Parks Sites (other than in designated smoking areas nominated by us).
8.6 You and any Visitor are not permitted to bring animals onto any Nature Parks Site at any time (other than a guide, hearing and registered assistance dogs or a companion animal required for medical reasons as documented in a medical certificate).
8.7 You agree to comply, and to ensure that each Visitor complies, with all signs and notices located throughout the Nature Parks Sites.
8.8 Subject to clauses 8.9 and 8.12(j), photographs, videos and sound recordings may be taken or recorded only for private non-commercial purposes and may not be commercially exploited.
8.9 Photographs or videos (with or without flash) are strictly prohibited at night during the Penguin Parade Attraction.
8.10 If you or a Visitor upload, publish or disseminate any user generated content taken or made at a Nature Parks Site (including, without limitation, photographs, video recordings or sound recordings) to a social media or any digital media platform (Visitor Generated Content), you and the Visitor consent to the commercial exploitation, throughout the world, of that Visitor Generated Content by any means (including, without limitation, by re-sharing or re-posting such content) by Nature Parks without compensation on a perpetual, irrevocable and worldwide basis.
8.11 While on a Nature Parks Site you must, and must ensure that each Visitor does:
(a) remain behind all fences and natural barriers;
(b) behave appropriately;
(c) abide by all reasonable written and verbal policies, instructions, directions and warnings given by Nature Parks Personnel;
(d) have a valid Ticket;
(e) retain your Ticket and show your Ticket to Nature Parks Personnel upon request;
(f) be responsible for your own personal property; and
(g) take appropriate care of your safety including sun protection and hydration.
8.12 You must not, and must ensure that each Visitor does not, while on a Nature Parks Site:
(a) touch, pat or otherwise interfere with any animals, including by offering food or drink to any animals;
(b) create or cause nuisance on the Nature Parks Site including by throwing items at, or otherwise disturbing or intimidating any animals;
(c) touch, take any cutting or otherwise interfere with any plant, nest or habitat;
(d) wade, swim or bathe in any lake, pond, stream or dams;
(e) dress or behave in a way that may adversely affect other people's enjoyment;
(f) act unsafely towards yourself or others;
(g) leave any litter or rubbish (other than in designated rubbish bins);
(h) light any fire;
(i) use or operate any drone or similar aircraft; or
(j) use any large or professional video or photography equipment (including tripods or freestanding lighting equipment) without our prior written approval.
9 Age restrictions and supervision of children
9.1 Children under 16 years of age must at all times be accompanied by a guardian when on a Nature Parks Site.
9.2 All guardians are responsible for the children in their care at all times when the children are on a Nature Parks Site.
10 Lost, stolen or damaged property and vehicles
10.1 The following provisions are subject to any obligations which we may have under the Australian Consumer Law and Fair Trading Act 2012 (Vic).
10.2 We do not take any responsibility for any personal items or property that are lost, damaged or stolen on a Nature Parks Site. We recommend that any valuable items and property are left in a secure place and not brought onto any Nature Parks Site.
10.3 We do not guarantee that it will be possible to identify or contact the owner of all lost property that we find. You acknowledge and agree that we may sell or donate any lost property to a charity nominated by us if that property has not been claimed by the owner within three months after such property are first identified to us.
10.4 Parking at the Attractions may be made available for visitors free of charge. We accept no responsibility for loss or damage to any vehicle and you acknowledge that you, and each member of your Visitor Group, uses our car park at your or their own risk.
11 Limitation of liability
11.1 You and the Visitors may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of those rights.
11.2 If you or a Visitor make a claim against us which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee, and to the extent permitted by law:
(a) subject to clause 11.2(b), our aggregate liability to you and the Visitor in respect of any such claims will be limited to no more than the Ticket Price paid by you for the Ticket; and.
(b) we will not be liable to you or any Visitor for any Consequential Loss incurred by you or the Visitor in respect of such claims.
12 Risk acknowledgment, release and indemnity
12.1 You yourself and on behalf of each Visitor acknowledge that the Attractions and the Nature Parks Sites are part of the natural environment which has risks not normally encountered in an urban environment. Those risks include without limitation:
(a) slips and falls;
(c) snake and insect bites;
(d) animal scratches and/or bites; and
(e) falling tree limbs or other debris.
12.2 You yourself and on behalf of each Visitor voluntarily accept and assume these risks and all other risks of accessing any Attraction and attending the Nature Parks Sites (including inherent and obvious risks) and agree to take all reasonable steps to avoid injury while on the Nature Parks Sites, both to yourself, any Visitors and Nature Parks Personnel.
12.3 Subject to clauses 11.1 and 11.2, to the maximum extent permitted by law, you and each Visitor enters each Nature Parks Site at their own risk and you yourself and on behalf of each Visitor indemnifies and releases and holds Nature Parks harmless from and against all claims, damages, liabilities and loss incurred or suffered by Nature Parks arising from any damage, loss, theft, death or injury occurring in or at the Nature Parks Sites by or to you or any Visitor.
12.4 Subject to clauses 11.1 and 11.2, to the maximum extent permitted by law, you yourself and on behalf of each Visitor indemnify and hold Nature Parks harmless from and against all claims, damages, liabilities and loss which Nature Parks suffers or incurs arising out of:
(a) your or any Visitor’s act or omission (including, without limit, any breach by these Terms);
(b) loss of, or damage to, any real or personal property owned, leased, licensed or controlled by Nature Parks, or any real or personal property of any third party, caused by you or any Visitor or arising out of or in connection with any activity for which you or any Visitor is directly or indirectly responsible; and
(c) personal injury (which includes illness) or death of any person caused by you or any Visitor or, arising out of, or in connection with any activity for which you or any member of your Visitor Group is directly or indirectly responsible,
12.5 You acknowledge and agree that we hold the benefit of the releases and indemnities set out above in our own right and on behalf of the Nature Parks Personnel.
13 Gift Cards
Any bookings for access to an Attraction by redeeming a Gift Card are subject to availability. More information about using Gift Cards, including the terms and conditions which apply to the purchase and use of Gift Cards, can be found at the following website: penguins.org.au.
14 No representations
You acknowledge and agree that you have not relied on any representations, inducements or statements made to by us or on our behalf in acquiring your Ticket/s.
You acknowledge that by purchasing a Ticket, you agree to receive marketing communications and updates from us. You may choose to opt out at any time by notification to us.
17 Use of image
You agree, consent to and authorise us to film, record and/or photograph you and any Visitor’s image, likeness and voice (Image), and to the use and commercial exploitation of the Image (including reproduction of the Image in any audio, video, or photographic display or other transmissions, exhibition, publication or reproduction in any print or online medium) by or affiliated with Nature Parks for all purposes including, but not limited to, marketing and promotional activities, security, or any activity related to Nature Parks’ business without further authorisation by, or compensation or attribution to you or any Visitor on a perpetual, irrevocable and worldwide basis. All recordings of any Image are our sole property, and you yourself and on behalf of each Visitor release us from liability arising on account of such usage.
18 Management of Nature Parks Sites
18.1 Nature Parks is responsible for the management of the Nature Parks Sites and over 1800 hectares of land on Phillip Island. Other attractions that may appear on your Ticket from time to time are managed by other organisations and not Nature Parks. Nature Parks makes no guarantee of, or representation in respect of, any other attraction (that is not an Attraction or Nature Parks Site) appearing on your Ticket.
19 Events outside our control
19.1 We will not be liable for any failure to perform or delay in performing any of our obligations under these Terms if that failure or delay is due to a Force Majeure Event.
19.2 If a Force Majeure Event occurs, we may immediately close an Attraction and terminate the agreement between us and you by notice to you without any liability to you.
20 No waiver
No failure to exercise or delay in exercising any right given by or under these Terms to us constitutes a waiver and we may still exercise that right in the future.
While at a Nature Parks Site, you acknowledge and agree that you and each Visitor must comply with any COVID safety protocols or requirements notified to you or the Visitor by Nature Parks and any Nature Parks Personnel (including by way of signage at the Nature Parks Site and around the Attractions or by way of line markings on the ground).
22 Governing law
These Terms are governed by the laws in force in Victoria and you submit to the non-exclusive jurisdiction of the courts of Victoria.
Voucher Terms & Conditions
Phillip Island Nature Parks Committee of Management Inc. (“Nature Parks”)
ABN 88 940 950 118
154-156 Thompson Avenue,
Cowes, Victoria 3922
1 Terms and Conditions
1.1 You agree to these Terms and Conditions when you purchase, activate, redeem, enquire, or attempt to use a Voucher
1.2 The Issuer may amend these Terms and Conditions at any time without notice.
1.3 Terms and conditions of this offer are as written and cannot be changed by any representation of any unauthorized person, including employees of the Nature Parks.
1.4 These Terms and Conditions are governed by and construed in accordance with the laws and courts of Victoria.
1.5 Where you purchase or receive these Vouchers as a personal, promotional, or business gift, or for other business uses approved by the Issuer, you must ensure that the end Voucher holder is made aware of these Terms and Conditions, including the expiry date.
2 Redemption of Voucher
2.1 The Voucher is available for use only by Australian residents over the age of 18, otherwise written consent from a parent or guardian must be obtained if under the age of 18.
2.2 A Voucher may only be redeemed for the goods and or services listed on the voucher.
2.3 A Voucher can not be exchanged for other goods or service not listed on the voucher, except in the instance of an attraction upgrade.
2.4 Upgrade of attraction can be redeemed subject to availability. If the purchase price exceeds the value of the Voucher, the voucher holder must pay the difference using another payment method.
2.5 The Voucher is not exchangeable for cash or other forms of credit and no refunds will be issued for the value of the voucher if travel plans are cancelled or altered. All costs above the value of the voucher including any change or cancellation fees are the responsibility of the customer.
2.6 This Voucher will be deemed fully used once a qualifying booking has been made and confirmed to be available. The Voucher will not be reinstated, refunded, or replaced, even in the event that the reservation is cancelled or changed.
2.7 All bookings are subject to availability at the time of booking and at the Nature Parks discretion depending on level of capacity. All applicable booking terms and conditions apply of the Nature Parks.
2.8 Vouchers must be redeemed via https://pinpa.bookingboss.com/voucherredeem.cfm or by contacting the admissions team 03 5951 2830. Vouchers cannot be redeemed via email.
3 Expiry Date
3.1 A Voucher is valid for 36 months from the date of issue unless provided as a marketing or promotional voucher. Where the Voucher relates to a marketing or promotional Voucher, the expiry date will be listed on the Voucher. The Voucher must be redeemed by the Expiry Date.
3.2 Any balance or unredeemed goods or service on a Voucher after the expiry date will not be able to be redeemed by the voucher holder.
3.3 A Voucher cannot be re-activated at any time
4.1 A Voucher presented in the altered, fraudulent or defaced form will not be able to be redeemed by the voucher holder.
4.2 A Voucher cannot be reloaded, used for cash advances, or redeemed for cash or credit, and can only be used as specified.
4.3 A Voucher cannot exchanged for a different attraction or service type.
4.4 A Voucher at all times, remains the property of the Issuer, and must not be resold or re-valued by a person, without the express written consent of the Issuer.
5 Lost and Stolen Promotional Ticket Vouchers
5.1 A Voucher must be treated as cash as it will not be reissued, refunded, or honoured if lost or stolen.
5.2 A Voucher will only be reissued, refunded, or honoured where the voucher is shown to be faulty or damaged due to the fault of the Issuer, or where there has been a breach of any condition or warranty implied under the Australian Consumer Law.
6.1 Voucher holders are responsible for the use and safety of their voucher at all times.
6.2 To the extent permitted by law, the Issuer and their related entities are not liable to any person for any loss or damage (including direct or consequential loss), nor will they be in default of these Terms for failure to observe or perform any of their obligations under these Terms, for any reason or cause, which could not, with reasonable diligence, be controlled or prevented.
6.3 Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Nature Parks (including its respective officers, employees, and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
6.4 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Nature Parks (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Nature Parks control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Nature Parks) due to any reason beyond the reasonable control of the Nature Parks; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
Voucher is void where prohibited or restricted by law.
7 Promotion Activities
7.1 The Issuer does not permit the use of Vouchers in connection with any marketing, promotion, or advertising activities without the prior written consent of the Issuer.
7.2 Vouchers may not be used in a manner that implies that a person, business, product, or service is endorsed or sponsored by or affiliated with Issuer, or any of their related entities.
9 Enquiries and Complaints
9.1 Where a person has a complaint or enquiry about Vouchers, they should contact the Issuer at (03) 5951 2830 or firstname.lastname@example.org
Shop Returns and Exchange Policy
1.1 This returns and exchange policy applies only to items purchased online.
1.2 Our policy limits do not exclude or replace your rights under Consumer Guarantees of the Australian Consumer Law, regulations or otherwise as required by law.
1.3 For in-store purchases please refer to the in-store return and exchange conditions.
2 Faulty, damaged or incorrectly described items
2.1 Where you believe an item is faulty or defective you can submit a claim within 30 Days from the date of delivery. A valid proof of purchase is required.
2.2 Where you believe an item is faulty or defective, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If the goods or service has a major failure, you may reject the goods or service and seek a refund, exchange or repair or you may keep the item and seek compensation for any drop in value. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item or refund you) within a reasonable time.
2.3 Our team members in store will access your item/items (in-store and online purchases) to determine if a refund will be offered in accordance with our returns policy.
2.4 Where an item is damaged through misuse, neglect or abnormal use, Phillip Island Nature Parks will not provide a refund, exchange, or repair.
2.5 In the event we have made a mistake, or the product is faulty, we will refund reasonable return freight costs.
2.6 If the item delivered is not as described it must be returned in saleable condition, that is unworn or used with all its original packaging intact or with tags attached.
3 Proof of purchase
3.1 Original register receipt tax invoice
3.2 Packaging slip or online order conformation for online purchases
4 Return tender
4.1 All refunds will be given using the original payment method (online purchases will be automatically refunded to the account used to pay).
5 Gift or bonus with purchase
5.1 Where merchandise is purchased with a gift or bonus offer, the gift or bonus must also be returned for merchandise to be eligible for a return.
Updated February 2023