Private Nights Terms and Conditions

Private Nights (ABN 17839513910) provides ticketing services, including the sale and distribution of tickets, as agent for the venue, promoter or person responsible for holding the relevant event (the “Seller”). In providing these services, Private Nights owns and operates privatenights.com.au (the “Site”).

Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from Private Nights, you agree to be bound by these Terms and Conditions.  These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”).

Variation to Terms and Conditions

Private Nights may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.

Additional Seller Terms and Conditions

Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (including their Conditions of Entry) (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the event information on Private Nights website at the time of purchase. 

General Terms and Conditions

Private Nights acts as agent for the Seller in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) Private Nights otherwise has no liability to you.

Refunds, exchanges and replacements

  1. Private Nights does not offer refunds as a result of a change in your personal circumstances or due to external factors such as, for example, adverse weather. Private Nights does offer exchanges as a result of a changes in your personal circumstances, so long as an exchange is requested twenty-four hours prior to an event. 
  2. Private Nights will only provide a refund on a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). If an event is cancelled, you must apply for a refund by the earlier of: (a) 4 weeks after notification of the reschedule or relocation; or (b) 72 hours prior to the event. If you do not request a refund by that date, you will have agreed to the reschedule or relocation and will not be entitled to claim a refund;
  3. If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges unless otherwise notified at time of purchase). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither Private Nights nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses;
  4. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation;

Conditions of entry

Admission to an event is subject to the Seller’s Terms.  In particular, the following form part of the Seller’s terms unless otherwise specified:

  1. You may be denied entry into, or removed from, an event where the Seller has reasonable grounds to do so, including if you breach these Terms and Conditions or the Seller’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others.
  2. If you arrive late, as per the Seller’s venue, you may not be admitted into the event.
  3. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
  4. You may be required to submit to a search of your person and/or possessions before entering the event.
  5. By attending the event, you and each attendee in your group acknowledge and agree that you each may be filmed and/or recorded and you each give permission to the Seller and Private Nights to use your image, likeness and voice obtained at the event in all media throughout the world for any purpose and without any compensation.
  6. You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event.
  7. You are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly.
  8. When attending the event, you and each attendee in your group agree to assume all risks associated with COVID-19 or other such communicable diseases.

Authenticity and validity of tickets

  1. Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from Private Nights.  

Resale of tickets & scalping

  1. Tickets may not, without the prior written consent of Private Nights and the Seller, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. Private Nights will use reasonable efforts to notify you of such action.

SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.

Collection and delivery of tickets

  1. Tickets will be delivered via email and you must therefore provide a valid, usable and accessible email address to allow this to occur.  Private Nights takes no responsibility customer error and is not liable for refunding if you have not provided the correct details.  

Limitations on number of tickets purchased

  1. When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by Private Nights at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for patrons, and as a measure to minimise ticket scalping.

System Errors

  1. While Private Nights takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Private Nights may cancel an order made as a result of any such error, although in the case of a pricing error Private Nights will endeavour to contact you to give you the option of purchasing the ticket at the correct price.

Customer Errors

  1. If an error on your behalf results in Private Nights reprocessing the ticket transaction at your request, Private Nights may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to Private Nights by a third party.

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