PUFFING BILLY RUNNING FESTIVAL - TERMS AND CONDITIONS

This document forms the Acknowledgement of risk, Indemnity Release and Terms and conditions for the ‘Puffing Billy Running Festival’ (Event) hosted by Puffing Billy Railway Board and trading as Puffing Billy Railway.

 

The Event will include races of 1km, 5km, 13.5km and 21.1km distances.

  1. DEFINITIONS

The following definitions will apply throughout this Terms and Conditions document:

  1. “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
  2. “Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Terms and Conditions.
  3. “Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in Section 1 of the Terms and Conditions.
  4. “Event” means the the Event detailed in Section 1 of these terms and conditions
  5. “Event Day” means the day or days that the Event competition is held on.
  6. Puffing Billy Railway Board.on behalf of the Event, our subsidiaries and authorised representatives. All references to “We”, “Us” or “Our” are references to Puffing Billy Railway Board on behalf of the Event.
  7. “Terms and Conditions” means these Terms and Conditions (including the Warning and Note) and where the context allows, any policies and rules applicable to the Event.
  8. “You” means the person named on the Event application being the applicant and where accepted by Puffing Billy Railway Board becoming a competitor in the Event. Where You are under 16 years of age, where relevant, You also refers to the consenting parent or guardian.
  9. “Warning and Note” means the warning and note provided in accordance with the Australian Consumer Law allowing recreational service providers to limit their liability to You.

 

  1. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (ACL)

Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Puffing Billy Railway Board on behalf of the Event is required to ensure that the recreational services it supplies to You:-

  1. are rendered with due care and skill; and
  2. are reasonably fit for any purpose which You, either expressly or by implication, make known to Puffing Billy Railway Board; and
  3. might reasonably be expected to achieve any result You have made known to Puffing Billy Railway Board.
  4. Under the ACL, Puffing Billy Railway Board is entitled to ask You to agree that these statutory guarantees do not apply to You. By entering or participating in the Event, You agree that Your rights to sue Puffing Billy Railway Board (under the ACL) if You are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in the Terms and Conditions. NOTE: The change to Your rights, as set out in the Terms and Conditions, does not apply if Your death or injury is due to gross negligence on Puffing Billy Railway Board ’s part. Gross negligence is defined in the Australian Consumer Law and Fair Trading Regulations 2012.

 

  1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
    1. You hereby Acknowledge that participating in this Event is inherently dangerous and You may be exposed to risks as a participant in this event. These include, but are not limited to exposure, extreme weather, over exertion, dehydration and/or injury due to the nature of terrain. These are inherent risks, and may eventuate at any time, and may result in damage to property, injury or death. By entering this event you acknowledge and agree that: -
    2. You have read all details of the Terms and Conditions, understand the risks associated with the Event and accept and assume the inherit risks in participating in this Event.
    3. You are solely responsible for your personal possessions at all times during the Event including but not limited to mandatory gear, drop bags and personal possessions. You agree that Puffing Billy Railway Board is not responsible or liable for repair or replacement of any damaged property.
    4. You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of Puffing Billy Railway Board flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of Puffing Billy Railway Board will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee in part or full relating to the Event.

 

  1. EVENT PARTICIPATION ELIGIBILITY
    1. To be eligible to participate in the Event You must comply with the event age requirements on the date of the event as laid out on the event website for the race distance You wish to participate in.
    2. If You are under 16 years of age on the date of the Event, a parent or guardian must accept these terms and conditions and acknowledge the Warning and Note required by the Australian Consumer Law. Where no consent is provided, You warrant that You are 16 years of age or older on the date of the Event.
    3. You must be medically and physically fit and able to participate in the Event.
    4. You must not be a danger to Yourself or to the health and safety of others.

 

  1. REFUSAL OF APPLICATIONS
    1. Puffing Billy Railway Board reserves the right to refuse any application for entry into the Event for any reason, including where:
    2. An applicant does not meet the Eligibility Requirements;
    3. An application, including a team application, is not completed by the nominated completion date;
    4. the field cap has been reached, regardless of the circumstances; or
    5. An application is made on the Event Day unless Puffing Billy Railway Board makes a specific exception allowing the application.

 

  1. PARTICIPANT OBLIGATIONS
    1. If Your application to participate in the Event is accepted You will be permitted to participate in the Event on the condition that You comply with the Terms and Conditions and any reasonable direction issued by the Event organisers or their representatives.
    2. You must immediately notify Puffing Billy Railway Board in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to Puffing Billy Railway Board , Puffing Billy Railway Board  will rely upon this as evidence of Your fitness and ability to participate.
    3. It is Your obligation to follow and complete the course as marked by Event organiser in full, and not cut or shortcut any component of the course. The Event organisers may request data files from You to validate and finishing time and position, failure to do so may result in disqualification without refund at the Event organisers discretion.
    4. It is Your obligation to understand and acknowledge cut-off times in relation to Your event as listed on the event website. The Event organisers hold the right to remove you from the course if you have not met, or display Your inability to meet the strict cut-off times. No refund will be issued upon failure to meet cut-off times.
    5. To be eligible for on course refreshments or medical support, You must have your official event Bib.
    6. In applying to participate in this Event You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event. You must reimburse the Event organiser and Puffing Billy Railway Board for any costs or expenses incurred in providing You with medical treatment.
    7. You must pay the fees due at the time of submitting Your application. No applications will be accepted or considered unless and until all fees have been received by Puffing Billy Railway Board .
    8. You must carry the mandatory gear specific to your entered event. If You do not do so Puffing Billy Railway Board may exclude You from participating in the Event without refund.
    9. You are responsible for the actions and behaviour of any of Your support crew for the entirety of the Event. Failure of Your support crew to comply with directions may result in disqualification from the Event without refund.

 

  1. EVENT INSURANCE
    1. You acknowledge that Puffing Billy Railway Board holds Public Liability Insurance for the Event. This Insurance does not cover personal injury insurance for You, the participant. Puffing Billy Railway Board  strongly recommends You hold your own personal insurance and ambulance cover.
    2. You understand that Puffing Billy Railway Board insurance may not cover you for all injury, loss or damage sustained by You in participating in the Event and you acknowledge that Puffing Billy Railway Board  does not make any representation about the suitability of the insurance.

 

  1. FEES
    1. You must pay all the fees due, including any amounts payable for additional services such as additional merchandise, and other options You nominated at the time of entry into the Event.
    2. You must pay any surcharges that may exist from time-to-time relating to credit cards other than Visa and/or MasterCard.

 

  1. REFUNDS OF RACE REGISTRATIONS
    1. Participants will receive a full refund (minus a 25% admin fee of their registration total) for all requests prior to 30th July, 2024.
    2. All refund requests must be made in writing by email to race@pbr.org.au. Withdrawal notifications received via any other means will not be processed.
    3. There are strictly no refunds after the 30th July 2024.
    4. If competitors are unable to compete in the Event for any reason (except disqualification) after the 30th July 2024, You are entitled to keep any event garment, show bag or gift bag as relevant if already received from Puffing Billy Railway Board , but there will be no refunds for Your entry fees or train tickets
    5. You accept that in such circumstances Puffing Billy Railway Board has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety. Puffing Billy Railway Board will use all reasonable efforts to conduct the Event in the planned format if safe to do so.
    6. Please note, the race will NOT be cancelled due to inclement weather
    7. In the event of a force majeure, meaning any event or cause which is outside the control of Puffing Billy Railway Board, including without limitation extreme weather or other dangerous conditions, war, strike or any other act of God force any change, You accept that Puffing Billy Railway Board provides no guarantee in full or in part to refund, credit or exchange any fees that you have paid.
    8. Nothing in this clause is intended to exclude, modify or limit the operation of the Australian Consumer Law.

 

  1. RACE TRANSFERS AND RESALE
    1. Train tickets are non-transferable to other events (see section 11).
    2. Race entries are non-transferable to other Puffing Billy Railway events.
    3. If you wish to transfer into a shorter distance race for the Event, you may downgrade anytime up to the Wednesday prior to the event and a $20.00 transfer fee will apply. No refunds will be offered for a downgrade.
    4. If you wish to transfer into a longer distance race for the Event, you may upgrade at anytime up to the Wednesday prior to the day of the event. You will need to pay the difference in fees at the time of the transfer and a $20.00 transfer fee will apply.
    5. Any attempt to transfer Your registration to another person without the knowledge of Puffing Billy Railway Board may result in the cancellation of Your entry without refund and You may be prohibited from participating in other Puffing Billy Railway Board
    6. You must not offer Your (or any other persons) Entry for sale through any medium, including auctions (on eBay or any other auctioning or similar means). All individuals involved in such conduct will be disqualified from the Event.

 

  1. PUFFING BILLY RAILWAY TRAIN TICKETS ARE SOLD BASED ON THE FOLLOWING TERMS & CONDITIONS
  • Trains will NOT be cancelled due to inclement weather.
  • Tickets are non-refundable nor transferable.
  • Gift Vouchers are non-redeemable for the Puffing Billy Running Festival Trains.
  • Passengers are required to retain their booking confirmation and/or tickets, as they may be asked to present them at any time during their travel.
  • Whilst every attempt is made to honour all bookings, Puffing Billy Railway reserves the right to alter events, timetables, or locomotives without prior notice.
  • Puffing Billy Railway reserves the right to request proof of age. Children 15 years and under must be supervised by an accompanying adult. An adult is deemed to be any person aged 16 years or older.
  • Children under the age of 4 years old travel free when not occupying a seat on excursion trains.
  • On declared Fire Danger rating days of Extreme or Catastrophic in the Central Zone or the whole state of Victoria, no trains will operate, and no Puffing Billy Railway staff or volunteers will be on the premises.
  • On declared days of TOTAL FIRE BAN or other extreme weather events in the Central Zone or the whole state of Victoria, steam locomotives will not run. Instead, the train will be operated with a diesel locomotive.
  • If you are travelling in a wheelchair, there are limited wheelchair spaces available on board our heritage carriages. Please call our Customer Service Centre on (03) 9757 0700 prior to travelling, so that we can assist you in accommodating your needs.
  • Puffing Billy Railway reserves the right, in its absolute discretion, to refuse admission to its premises and ban from entry to the railway, or remove from the railway, any person who:
    1. Has been convicted of a criminal offence, which, in the opinion of Puffing Billy Railway is likely to affect the enjoyment of other visitors.
    2. Has behaved on railway premises in a manner, which, in the opinion of Puffing Billy Railway has or is likely to affect the enjoyment of other visitors.
    3. Uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner, which may provoke a breach of the peace.
    4. Is believed to be under the influence of alcohol or drugs.
    5. Does not follow the written or verbal safety instructions or behaves in a manner which may endanger the safety of the individual or other visitors on railway premises.
  • Puffing Billy Railway is a non-BYO venue.
  • Assistance dogs are the only dogs permitted on the train, except during the Puffing Billy Dog Express service.
  • All passengers are responsible for their own personal property as Puffing Billy Railway will not be responsible for any loss or damage.

SAFETY NOTICE - WHEN VISITING PUFFING BILLY RAILWAY:

  • For the safe operations of sitting on the sills experience, all passengers will be asked to verify the age of each travelling child, both when booking tickets online and on the day of travel when checking in at the Station Ticket Window.
  • All passengers must follow all directions from staff and volunteers to ensure the safety of everyone. This includes:
  • Children under 4 years of age are not permitted to sit on the carriage sills and will be given a red wristband to indicate ride restriction.
  • Adult supervision is required for children 4-13 years of age when sitting on the carriage sill – this means a maximum of 2 supervised children per adult within arm’s reach.
  • Supervised children between 4-13 years of age will be given a green wristband to wear. This indicates the child’s age and helps our friendly conductors know that all children are being correctly supervised.
  • All adults travelling with children must maintain the physical ability to monitor and provide supervision at all times.
  • Some of the other requirements to ensure your experience is safe, include:
  • Remain on the station platform behind the yellow line at all times.
  • Do not touch or climb onto the locomotive.
  • Do not open any carriage doors. Please allow the train conductors to open and close your carriage door.
  • Smoking is not permitted on the train, platforms or under roofed areas.
  • Alcohol is not permitted on the train, except as provided in our dining cars.

 

  1. PRIVACY
    1. Puffing Billy Railway Board has a privacy policy and the information that You provide with this application is necessary for the conduct of the Event. You acknowledge and agree that the information provided will be used by Puffing Billy Railway Board  to facilitate the conduct of the Event. The Privacy Policy can be viewed online. (hyperlink text https://puffingbilly.com.au/privacy/)
    2. You understand that You will be able to access Your information through Puffing Billy Railway Board .
    3. If the information is not provided Your application may be rejected.
    4. You warrant that the information You provide in Your application is correct. If You provide incorrect information, Puffing Billy Railway Board may disqualify You from the Event and You may be ineligible to participate in future Puffing Billy Railway Board  conducted events.
    5. You consent to the Event organisers, direct sponsorship partners or associates using Your name, image, likeness and also Your performance in the Event, at any time, to promote the Event or any future similar events by any form of media.
    6. You consent to receiving electronic newsletter and SMS material from the Event organisers or their authorised representatives prior to and after the Event. Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by a third party or an Event sponsor.
    7. Under no circumstances will your data be shared with any other party for marketing, promotion and/or communication purposes. The only instances whereby your data will be shared with a third party is where supply of data is strictly required to be provided to a supplier of Puffing Billy Railway Board as part of its event delivery and event services to You, in which case a strict data management procedure will be observed.

 

  1. SEVERANCE
    1. If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from these Terms and Conditions to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid and continues to operate to its full force and effect.

 

  1. RELEASE AND INDEMNITY
    1. In consideration of Puffing Billy Railway Board accepting Your application for entry to the Event, You to the extent permitted by law:
      1. Release Puffing Billy Railway Board from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and
      2. Indemnify Puffing Billy Railway Board and will keep Puffing Billy Railway Board indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with Your participation in the Event.

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