Terms & Conditions

These Conditions set out the terms on which we accept your booking to dine at Eureka 89 (Booking). By making a Booking, you acknowledge that you have read, understood and agree to be bound by these Conditions. We reserve the right to change these Conditions at any time prior to you making a Booking.

“You” and “your” means all persons party to a Booking. “We”, “us”, “our” and “Eureka 89” means Eureka 89 Pty Ltd (ACN 118 062 632).

Booking & cancellations

Bookings can be made online or by phone. Bookings require full prepayment of the food component at the time of Booking. We reserve the right to decline a Booking at our discretion. Prices are stated in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you making a Booking. Payment by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment. Bookings are non-refundable in the case of cancellation due to change of mind (including errors when making bookings online and changes in personal circumstances), reductions in the number of guests dining or in the event of a no-show.

You may reschedule your Booking (subject to availability) provided you contact us to reschedule at least 24 hours prior to your scheduled service.

If: (a) in our reasonable opinion we determine that your Booking cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice that you cannot reasonably make use of your Booking due to Government Restrictions (for example due to border closures), then we will permit you to reschedule your Booking. If you are not a resident of Victoria and rescheduling your Booking is not practical, then we will at your election provide you with a full refund.

Menu Availability

Chef’s Tasting Menu

Our Chef’s Tasting Menu is available 7 nights per week, and is the only dining menu available on Friday and Saturday nights.

Altitude Menu
Our Altitude Dinner Menu is available Sunday – Thursday and our Altitude Lunch Menu is available Saturday – Sunday

Dress code

Eureka 89 is a fine dining environment. You must dress in a minimum of smart to business attire. Without limitation, ripped jeans, thongs, tracksuits, sportswear or any clothing with offensive language on it will not be permitted. We reserve the right, acting reasonably, not to admit you to the venue if your dress does not materially comply with this dress code. No refunds will be provided in these circumstances.

Dietary requirements

You must advise us at the time of Booking if any person in your party has any special dietary requirements. For online bookings you may do this by adding notes or comments field during the booking process.

We cannot guarantee that dietary requirements can be catered for. If we cannot cater for particular dietary requirements we will notify you. If you advised us of the requirement at least 24 hours prior to your scheduled service, then you may cancel your Booking and receive a full refund. You will not be entitled to any refund if you notify us of the requirement less than 24 hours prior to your scheduled service.

Food allergies

It is your responsibility to check that meals and beverages do not contain any allergens. To the fullest extent permitted by law, we expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been grossly negligent.

Seating arrangements

We have a limited number of tables allocated against the floor to ceiling windows on Eureka 89. Special requests are noted and we do our best to meet all requests, however, no particular table or view can be guaranteed.

Entry & experience

Prohibited Items

You must not bring int the venue any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones; or (vi) animals (with the exception of guide dogs).

Searches

If we have reasonable cause to believe that you are carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect you and your baggage. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items carried by you which we, acting reasonably, consider dangerous or which pose a risk to the security of property or other persons.

Behaviour

Eureka 89 is a fine dining environment. If you act in a manner that threatens the safety of others (including our (or our suppliers’) personnel, other patrons or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require that you leave the venue. If our representatives require a child to leave in these circumstances, a parent or guardian of the child will be required to leave with them. You will not be entitled to any refund for any person required to leave the venue in these circumstances.

Medical Assistance

You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.

Closing Time

Eureka 89 closes at 11:00 pm with the last drinks served at 10:45 pm

Melbourne Skydeck entry

Your Booking includes complimentary access to visit Melbourne Skydeck on the day of your Booking. Access is available from 5:00pm for dinner services or directly after the Sunday lunch service.
Please note your access to Melbourne Skydeck is subject to the Melbourne Skydeck Ticket & Entry Conditions accessible here: https://www.melbourneskydeck.com.au/terms-and-conditions/

Responsibility

Services supplied by us

To the extent only that we are the principal supplier to you of Services which we directly control, operate or own then we will provide those Services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Services, or due to an event of Force Majeure.

Services supplied by Independent Suppliers

Where an Independent Supplier is the supplier of Services, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those Services to you.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.

General liability limitation

Australian Consumer Law and Australian Consumer Law (Vic) imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to the price you paid us for your Booking.

General

You represent and promise us that you are duly authorised to provide the agreement and consent of all parties to your Booking to be bound by these Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.

The contract between us and you is governed by the laws of the State of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.

If any provision of these Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://eureka89.com.au/privacy-policy/

Definitions 

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Australian Consumer Law (Vic) has the meaning given to that term in section 8 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.

Independent Suppliers means any suppliers of Services which we do not directly control, operate or own.

Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions. For the avoidance of doubt and without limitation, the development of a medical condition or the failure of commercial transportation is not considered a Force Majeure Event.

Services means food and beverage services (and services incidental to those services). 

EVENTS TERMS & CONDITIONS

Confirmation & Deposit

You may make a tentative booking if the request is made at least 30 days prior to the requested event date. Subject to availability, we will hold a tentative booking for a maximum of 7 days. If you do not pay the required deposit within that period, the tentative booking will lapse. A booking is confirmed (and a contract between us and you comes into effect) once you have completed and signed the electronic contract issued by us and you have paid the required deposit for the particular event.

Final Payment

Full payment must be made seven (7) days prior to the date of the event, either by electronic funds transfer or credit card. For international transactions, a surcharge of $15 will be charged per transaction. If the event is cancelled, the transaction fees are non-refundable.

Eureka 89 only accepts Visa, Mastercard and Amex, and a surcharge of up to 1.45% applies for credit card transactions. If payment is not made by the event date, or an arrangement for payment after the event is not agreed upon by us and the client, we reserve the right to cancel your event. In this circumstance, no refunds will be payable.

Cancellation by you

Except where you event date falls in the peak period (see below), cancellation of the event by you is subject to the following terms and associated cancellation fees:

• For 60 days’ or greater notice, the deposit will be refunded in full.
• Between 30-59 days’ notice, the deposit will be forfeited.
• Between 14 – 29 days’ notice, a cancellation fee equal to 50% of the total revenue for the event anticipated at the time of booking is payable. If payments received by us at the time of cancellation are not sufficient to satisfy this cancellation fee, then you need to pay us the difference.
• If less than 14 days’ notice of cancellation is given, a cancellation fee equal to 100% of the total revenue for the event anticipated at the time of booking is payable. If payments received by us at the time of cancellation are not sufficient to satisfy this cancellation fee, then you need to pay us the difference.

A change or postponement of an event within the timings above will be considered a cancellation and the above charges will apply.

Cancellation by you (Peak Period 21 Nov – 31 Dec)

If your event date falls within the peak period of 21 November to 31 December (inclusive), cancellation of the event by you is subject to the following terms and associated cancellation fees:

• For 90 days’ or greater notice, the deposit will be refunded in full.
• Between 60-89 days’ notice, the deposit will be forfeited.
• Between 30 – 59 days’ notice, a cancellation fee equal to 50% of the total revenue for the event anticipated at the time of booking is payable. If payments received by us at the time of cancellation are not sufficient to satisfy this cancellation fee, then you need to pay us the difference.
• If less than 29 days’ notice of cancellation is given, a cancellation fee equal to 100% of the total revenue for the event anticipated at the time of booking is payable. If payments received by us at the time of cancellation are not sufficient to satisfy this cancellation fee, then you need to pay us the difference.

A change or postponement of an event within the timings above will be considered a cancellation and the above charges will apply.

Cancellation by us

We may cancel your event by giving you notice in writing. If we cancel your event we will provide you with a full refund of all payments received by us. To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur if we cancel your event.

Final Attendance

You must confirm the final number of guests at least seven (7) days prior to the date of your event. If final numbers are not confirmed, an invoice will be issued for the estimated number of guests anticipated at the time of booking, whether or not full attendance is received.

It is your responsibility to provide us with the final numbers. We reserve the right not to admit or cater for persons above the number of guests confirmed and paid for.

Prices

All prices are current at the time of the quotation and are subject to revision prior to payment of the deposit. Prices are inclusive of GST. Although we will endeavour to serve your selected food and beverages, due to supplier stock availabilities we do not guarantee that your selection will be available. Comparable items will be offered in this instance.

Food Allergies

You must notify us of any guest dietary requirements at least fourteen (14) days prior to the date of your event. It is the responsibility of guests to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.

Designated Times and Durations

You agree to begin the event and vacate the designated function space at the contracted times. You are granted 2 hours access to the venue before the commencement of the event for set up purposes only. There may be a charge per hour for earlier access. Please ask the Event Co-coordinator for permission and quote on fees applicable. The event duration can only be extended by the client, or your nominated representatives, in consultation with the management subject to an agreement to incur an additional cost. Beverages and associated additional costs will be charged on a pro rata package increase, based on full guest numbers confirmed for the event, and will be payable on the completion of the event.

Displays & Signage

Unless approved by venue management prior to the event, no signs, displays, labels or decorations are to be nailed, screwed, taped, stapled or adhered to any surface or part of the venue.

Damage & Cleaning

You are responsible for any damage sustained to the venue and its contents during set up (pack in), throughout and after the event, caused by guests or external suppliers / contractors engaged by the client. If cleaning is required beyond the normal standard, this extra fee is your responsibility. Confetti, glitter, poppers, streamers or rice are not permitted and is your responsibility to ensure their guests are notified of this.

Responsibility for property

The venue management will take necessary care, but does not accept responsibility for the damage or loss of client, supplier or guest items left on the premises prior to, during, or after the event. The onus to arrange insurance is that of the client.

External Contractors

You must provide us with the details of any external contracts you engage to provide services in the venue for your event at least seven (7) days prior to the event.

We may refuse access to any external contractor if in our reasonable opinion they or their equipment is not reputable, may endanger the health or safety of others, or if their presence may adversely affect our reputation. You must procure that any external contractor performs and observes all lawful directions of our personnel. You indemnify us for any loss, damage or costs we incur resulting from the acts or omissions of any external contractor.

Entertainment

All entertainment is subject to venue management approval. Smoke machines, pyrotechnics, laser lighting and candles (due to sensitive smoke detectors) are not permitted. Should evacuation be necessary due to alarms being raised due to entertainer or client equipment, you will be responsible for the emergency services call out fee. All external contractors must contact the venue for a briefing prior to the event. The musicians’ award stipulates that members on call for four hours or more must be supplied with a meal and beverages. Entertainer meals can be provided by the venue at a cost to the client.

Prohibited Items & Behaviour

Prohibited Items
Guests must not bring into the venue any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones; or (vi) animals (with the exception of guide dogs).

Searches 
If we have reasonable cause to believe that a person in your party is carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect them. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items brought onto the premises which we, acting reasonably, consider dangerous or which pose a risk to the security of property or other persons.

Behaviour
All guests must comply with the reasonable directions of our representatives. If any guest fails to comply with such reasonable directions or acts in a manner that threatens the safety of others (including our (or our suppliers’) personnel, other patrons or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require them leave the venue. You will not be entitled to any refund.

Responsible Service of Alcohol

Our personnel adhere to strict State of Victoria Responsible Service of Alcohol regulations and you and all guests are required to adhere to these regulations. Venue management reserves the right to exclude or eject any objectionable persons from the premises. In addition, the management reserves the right to stop entertainment, gaming or other activity, which in their opinion is illegal, improper, indecent or unsafe and is a likely nuisance.

Security

Subject to the number of guests, the type of event, and the reserved space(s), it may be necessary as a condition of booking to engage security personnel (in quantities and from a supplier determined by us, acting reasonably), at your cost.

Exclusivity

If you have not hired the full venue on an exclusive basis, you acknowledge that other events may take place within the venue’s other event spaces during the time of your event. These other events may be hosted by companies you consider to be competitors. You may hire the entire venue on an exclusive basis if you wish to avoid this potential outcome.

Theming

You are able to provide theming for events as desired, based on discussions and pre-approval by venue management.

Force Majeure

If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your event cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your event that you cannot reasonably make use of it due to Government Restrictions (for example due to border closures), then we may:

• reschedule your event, but only if you are agreeable to the rescheduled arrangements; or
• cancel your event, in which case our contract with you will terminate.

If we cancel your event, neither of us will have any claim for damages against the other. However, we will issue you with a credit Note equal to payments received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of payments received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your event; (b) overhead charges incurred by us relative to the price for your event; and (c) fair compensation for work undertaken by us in relation to the event until the time of cancellation. For the purposes of this provision:

1. Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel restrictions) but excludes for the avoidance of doubt any personal illness or medical condition.
2. Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.
3. Credit Note means a credit note issued by us redeemable within 12 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.

Our limited responsibility

Services supplied by us
To the extent only that we are the principal supplier of services which we directly control, operate or own then we will provide them with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself or your guests, of any other third party not connected with the provision of the services, or due to events beyond our reasonable control.

Services supplied by third party suppliers
Where a third party is the supplier of services (which you have purchased through us) which we do not directly control, operate or own, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable supplier and arranging for them to provide those services for your benefit.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of a third-party supplier and not caused by our negligence.

General liability limitation
The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent legislation in Victoria imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These terms and conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these terms and conditions, in tort (including negligence) or at law in relation to the event is limited to the price you paid us for the event.

General

“You” “Your” and “client” means the legal entity specified in the “Event Details” section that confirms a booking for an event with us. “Us”, “Eureka 89” “our” and “we” means Eureka 89 Pty Ltd.

The contract between us and you is governed by the laws of the State of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.

If any provision of these terms and conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://eureka89.com.au/privacy-policy/