Terms & conditions
Terms & Conditions
1.1. This website and its contents ("website") are owned and operated by Moorilla Estate Pty Ltd, trading as MONA, of 655 Main Road Berriedale, Tasmania, Australia ("we", "us" or "MONA").
1.2. The use of this website is governed by the following terms and conditions, as amended from time to time (the "Terms and Conditions").
1.3. Each time you use this website or buy an item from us and/or our business partners, you acknowledge to us that you have read and understood these Terms and Conditions and agree to be bound by them.
- Amendments to terms and conditions
2.1. MONA reserves the right to change these terms and conditions at any time without prior notification. Amendments will be effective immediately upon publication on this website, and any purchase made after such publication will be bound to the amendment.
3.1. When you buy an item made available for sale by MONA or one of its business partners, including but not limited to Navigators Pty Ltd, that transaction is subject to MONA's terms and conditions, as set out below.
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- Tickets and cancellations
4.1. All tickets (including lost, stolen, damaged or destroyed) are non-refundable and valid only for the cruise, event, tour or admission for which they have been issued (unless an exception applies under Australian Consumer Laws). This also applies to MONA tickets sold through Navigators Pty Ltd and other third-party businesses.
4.2. In extreme circumstances where a refund is offered, cancellation fees may apply for any tour, event or admission tickets cancelled within 48 hours of departure or event date or when no notice is given. All cancellation fees imposed on MONA by our suppliers will also be passed on.
4.3. All tickets are transferable and amendable up to 48 hours prior to cruise departure, tour or event commencement or admission.
4.4. You must be ready for boarding any transport at least 15 minutes prior to departure.
4.5. If you lose your ticket and someone else validates it, a second entry on that ticket will not be granted, and no remuneration will be offered.
4.6. Purposefully attempting to duplicate or re-use a ticket, or pass-out stamp or wristband for entry/re-entry to any ticketed tour or event, unless permitted by that ticket type, is illegal and severe penalties may apply, including prosecution.
4.7. If you have purchased a concession fare ID may be requested upon entry.
4.8. Without prior written consent of MONA or a seller, tickets may not be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions) by either the original purchaser or any subsequent bearer.
- MONA reserves the right to:
5.1. Refuse the boarding on any transport or the entry to any event or tour to any person.
5.2. Eject any person from any transport, event or tour.
5.3. Refuse the service of alcohol to any person.
5.4. Cancel a cruise, event, tour or admission at any time due to minimum passenger or venue numbers not being met, weather limitations, mechanical breakdown or any other reason.
5.5. Substitute a vessel or venue owing to reduced numbers, mechanical issues, tidal conditions or any other reason.
5.6. Refuse the entry, boarding or carriage of and/or to eject any patron/passenger if there is reason to believe it will affect the reputation, security, smooth running of its business, or in any way breach these Terms and Conditions.
5.7. Enforce safe and responsible behaviour at all times.
- Behaviour, safety and liability:
6.1. MONA, and its business partner Navigators Pty Ltd, has a zero tolerance policy on drugs on board any of its vessels, on its premises, or at any of its events.
6.2. BYO alcohol is strictly prohibited on our vessels, at our events, or at Moorilla Estate (otherwise known as MONA), unless explicitly stated in writing.
6.3. To ensure the comfort of our passengers, smoking is not permitted on our vessels during any of our regular scheduled cruises.
6.4. MONA, its employees and business partners are not liable for claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred as a result of or in any way connected with a cruise, disembarking or embarking any transport, vessel and/or attending any event, or tour unless caused by willful misconduct of MONA.
6.5. MONA and/or its business partners will not give refunds if a transport cruise is not completed, or if time is lost as a result of any breaches in the Terms and Conditions.
6.6. MONA and its business partners undertake to conduct affairs in a fair, safe, respectful, responsible and business-like manner at all times.
6.7. MONA and its business partners must adhere to all M.A.S.T. regulations for transport cruises and requires that all patrons/passengers adhere to the Master's/Captain's directions at all times.
6.8. The Master/Captain reserves the right to vary the route or destination for any transport in order to ensure the safety and welfare for the vessel, crew and passengers.
6.9. MONA and its business partners will not be liable for any loss or expenses incurred by passengers due to cancellation.
- Age requirements
7.1. To enter any competition conducted by MONA you must be 18 years or over, or the legal drinking age in your state.
7.2. To purchase alcohol on our website, at Moorilla Estate, on board our vessels or at any of our events you must be 18 years or over.
7.3. Certain events held by MONA are strictly 18 years or over. These events will be clearly communicated.
7.4. MONA may request ID to confirm proof of age at any time and refuse entry or service.
- Product returns
8.1. If you purchased a damaged item you may return it for a full refund or exchange. We do not refund for change of mind. Please refer to our Shipping and Returns policy for a full overview.
- Intellectual property and restrictions on use of content
9.1. The MONA website and affiliated websites, including but not limited to www.mofo.net.au, www.darkmofo.net.au, www.moorilla.com.au, www.moobrew.com.au, www.momahobart.net, www.monablog.net, are subject to Australian and international copyright laws. MONA and/or its related bodies corporate own the copyright in the material on the website, unless otherwise indicated. You cannot use the material on the website unless permitted by those laws.
9.2. The "MOORILLA" and "M" logos, the "REFINED WINE" branding, the "MOO BREW" logo, the "MONA" and "MUSEUM OF OLD AND NEW ART" logos are Trademarks of Moorilla Estate Pty Ltd. The distinctive Moo Brew black and gold colour scheme and bottle shape are also Trademarks of Moorilla Estate Pty Ltd.
9.3. You must not use the name, trademarks, copyrights or any other intellectual property which appears on the website.
- Links to third party sites and third party advertisements
10.1. There may be links to other websites or advertisements of goods and services available from other parties on our website. We are not responsible for those websites, their content or the goods and services available on them.
- Competitions and promotions
11.1. This website may contain competitions or promotions. The terms and conditions for those competitions and promotions will be specified - by entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions.
- Personal information
- Disclaimer and limitation of liability
13.1. We will take all reasonable steps to ensure that this website is accurate. However, we do not warrant the completeness, accuracy or reliability of the website. We will not accept any liability for any errors in, or omissions from, the contents of this website.
13.2. We and/or our related bodies corporate and their directors, officers, employees, agents and contractors are not liable to you for any loss (whether direct or indirect and howsoever caused) that you may suffer arising out of the use of this website or any product or service supplied by us to you, unless such loss is directly caused by our negligence.
14.1. To the fullest extent permitted by the law, you agree to release us from any actions, claims, suits or demands for any costs, losses (including consequential losses) or damages suffered by you and howsoever arising from your purchase of any item, transport on any vehicle or vessel or your attendance at any tour or event caused other than by MONA's default or negligence and then only on a proportional basis.
15.1. To the fullest extent permitted by the law you indemnify (and will keep indemnified) us against any costs, losses (including consequential losses), damages and/or other demands raised or claimed by any other person or party suffered by us arising out of you utilising any vehicle or vessel or attending any tour or event other than through MONA's default or negligence and then only on a proportional basis.
16.1. We reserve the right to change this website and its content in any way without notice to you. Your ability to access and use the website may be terminated at any time without notice.
17.1. The laws of Tasmania, Australia, govern these Terms and Conditions.