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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).

BOOKINGS & 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.

CHILDREN

Lunch

Children are more than welcome to dine at Eureka 89 during our lunch services. We offer a children’s menu for children between the ages of 2 – 12 years old but please be aware that no reduction in menu size or price is available for any child over 12 years old. When making a Booking, your party size must include all children. If you do not include children in your party size we may not be able to accommodate them at your table. No refunds will be provided if any members of your party choose not to dine in these circumstances. Children under 2 years old do not need to purchase a menu or reserve a seat however due to space restrictions in the dining room please advise us if space for a pram or highchair is required.

Dinner

Unfortunately, we are unable to accommodate children and/or infants under 12 years old during our dinner services and they are not permitted in the venue. Children 12 years old and above are welcome to dine however please be aware that no reduction in menu size or price is available. When making a Booking, your party size must include all children. If you do not include children in your party size we may not be able to accommodate them at your table. No refunds will be provided if any members of your party choose not to dine in these circumstances.

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 

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. You will not be entitled to any refund.

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).