These Marketplace Terms & Conditions apply to all experiences on our platform that are labeled “ExperienceNOW” or “Marketplace”. These are third-party offerings for which Thrill Experiences acts solely as the booking facilitator.

Words with Special Meaning

  • ExperienceNOW / Marketplace - Listings bearing these labels; both are third-party offerings.
  • Provider - The third-party who offers, contracts for, and fulfils the experience (or a disclosed aggregator acting for it).
  • Booking - Your reservation of a Marketplace Experience via our platform.
  • We/Us/Our - Thrill Experiences Pty Ltd, marketplace operator and booking facilitator.
  • You/Your - The customer making the Booking.
  • Booking Details - Information we collect to process/manage a Booking (contact details, preferences). Payment is handled by the Provider unless stated otherwise.

How to Identify Marketplace Experiences

Listings and checkout clearly display “ExperienceNOW” or “Marketplace”. If you see either label, these Terms apply to your Booking.

Our Role & Contracting Framework

We provide the platform and facilitate your Booking. Your contract is directly with the Provider (or disclosed aggregator). The Provider is responsible for supply, safety, availability, eligibility requirements, pricing, service quality and compliance with applicable consumer laws.

Payments, Prices & Taxes

  • Unless we say otherwise at checkout, payment is taken by the Provider as merchant of record, subject to their terms. In some cases a Thrill affiliate or payment sub-agent may securely process payment on the Provider's behalf; your payment obligations to the Provider are then discharged when payment succeeds.
  • Prices are shown in the currency stated at checkout and include mandatory taxes/fees we can calculate at the time. Your issuer may add FX/intl fees. Where the Provider is merchant of record, they issue the tax invoice/receipt.
  • Inclusions/exclusions, surcharges, and availability are set by the Provider and may change before confirmation.

Currency & Conversion

Currency shown before you pay: For Marketplace/ ExperienceNOW experiences, we display the payment currency clearly next to prices and at checkout (for example, A$, USD$). Prices for Marketplace/ExperienceNOW bookings are usually shown in the currency of the country where the experience takes place, but in some countries or for some Providers a different currency may be shown. In all cases, the currency to be charged is stated before you complete payment.

  • Who charges you: For Marketplace/ExperienceNOW, the Provider (or its payment processor) usually takes payment as merchant of record in the currency shown at checkout for that booking.
  • If your card is in a different currency: Your bank or card issuer may convert the amount and charge fees. Their exchange rate and fees are outside our control. We don't charge you a currency-conversion fee.
  • Estimated equivalents: Any other currency amounts we show (for example, “~A$123”) are estimates for comparison only. The amount charged will be in the currency stated as payable at checkout.
  • Total price: We and the Provider will show the total price you must pay, including any unavoidable fees/taxes, before you complete your booking. Optional extras you choose may cost more.

How We Make Money

For listings labelled “ExperienceNOW” or “Marketplace”, we may receive a commission from the Provider when you complete a booking. This commission is paid by the Provider and is not a fee charged to you. If any Thrill service or booking fee applies to you, we show it clearly and include it in the total price before you pay.

How Results Are Ordered

We order and filter results using factors like relevance to your search, location and availability, customer reviews and recency, Provider responsiveness and price. Remuneration may influence prominence only for clearly labelled sponsored placements. Learn more in “How We Order and Show Results”.

Thrill Instruments & Promotions

  • Thrill gift cards/credits and Thrill promotional codes are not redeemable for Marketplace Experiences (unless we expressly allow it on a listing).
  • Marketplace Experiences are not covered by any price-match policy we offer for Thrill-issued vouchers.

Cancellations, Changes & Refunds

  • All changes/cancellations/refunds are governed by the Provider's policy for that experience.
  • We may help you contact the Provider, but outcomes are at the Provider's discretion (subject to any non-excludable consumer rights).

Consumer Rights

Nothing in these Terms excludes or limits any non-excludable consumer rights that apply to you under local law. The Provider is responsible for honouring applicable consumer guarantees in the place of supply.

Liability Limits - Thrill as the Marketplace

We help you discover and book Marketplace/ExperienceNOW experiences. The experience itself is supplied by the Provider. Except where the law says otherwise, and except where caused by our own negligence, fraud or wilful misconduct:

  • we are not responsible for the performance of the experience, including safety, quality, availability, fitness for purpose, delays or cancellations - these are the Provider's responsibilities under their terms and under any applicable consumer law;
  • we are not liable for indirect or consequential loss (for example, loss of enjoyment, lost opportunity, or your travel/accommodation costs), to the extent the law allows;
  • where our liability cannot be excluded, it is (to the extent permitted by law) limited to the amounts you paid us for booking facilitation for the affected booking (if any) - this limit does not apply to liability we have for our own negligence, fraud or wilful misconduct.

Your non-excludable rights remain. Nothing in these Terms excludes or limits any consumer rights that the law says you have and that cannot be excluded (for example, consumer guarantees for services). The Provider is responsible for the remedies the law requires when they supply the experience.

Activity-Related Responsibilities & Liabilities

Some experiences involve inherent risks. Providers may postpone, modify or cancel for safety or operational reasons (see “Weather, Safety & Operational Disruptions”). To help keep you safe and avoid disappointment:

  • Eligibility & conduct: check the listing and your confirmation for age, health, weight, fitness, licence or ID requirements. Providers can refuse participation where requirements are not met, for intoxication, or for unsafe conduct.
  • Follow instructions: you must follow all reasonable safety instructions, use required equipment, and comply with site/venue rules and local laws.
  • Medical fitness: if you have a medical condition or are pregnant, confirm suitability with the Provider before booking or attending.
  • Property & insurance: bring only what's permitted; secure valuables. Providers generally carry their own insurance for their operations, but coverage varies. Consider arranging your own appropriate insurance.
  • Waivers: some Providers may ask you to sign a participant waiver as a condition of taking part (for example, for recreational or adventure activities). Read any waiver carefully and ask the Provider if you have questions.

Important: These points do not limit any non-excludable rights you have under the law (for example, where a service is not provided with due care and skill). Remedies can depend on the circumstances and the Provider's policy at the time of booking.

Listing Accuracy & AI-Enhanced Descriptions

Providers supply the core listing information (eligibility, risks, inclusions, pricing, availability, restrictions). We may use AI and editorial tools to improve grammar, clarity and style. We do not add new claims or materially change meaning. Providers remain responsible for accuracy and must notify us of changes.

We assess and, where appropriate, update Provider-supplied details as soon as practicable. Because Providers operate across different time zones and working hours, there may be short delays before updates appear on our site. For time-sensitive information, please check your booking confirmation or contact the Provider directly. This notice does not limit any non-excludable consumer rights.

Reviews & Ratings

You're responsible for the reviews, photos and other content you submit. Please post only your genuine experience and only content you have the right to share (including consent from any identifiable people in photos). Don't post misleading, promotional, paid-for, AI-generated or otherwise deceptive content, or anything unlawful or infringing.

You keep ownership of your content, but you grant Thrill a non-exclusive, worldwide, royalty-free licence (with the right to sublicense) to use, reproduce, adapt, translate, create derivative works from, publicly perform, display, transmit and distribute it on our platform, with our partners and in our online/offline marketing. We may moderate or remove content that appears fake, abusive, off-topic or unlawful.

Reviews may come from our site or trusted third-party sources. We disclose the main steps we take to promote authenticity (for example, signalling “verified” reviews, flagging suspicious activity, or moderating incentivised reviews). We remove content we reasonably suspect to be fake, unlawful or abusive, consistent with applicable law.

We rely on our customers to share truthful, representative reviews that reflect their own experience of the activity and the Provider. By submitting a review, you confirm it is your genuine opinion and based on your personal experience.

  • Be genuine: reviews must be independent and written by someone who actually took part in (or purchased) the experience.
  • No manipulation: do not post fake, paid-for, AI-generated or otherwise deceptive reviews; do not post reviews on behalf of others; and don't discourage honest negative feedback.
  • Incentives disclosed: if a review benefits from a reward or discount, this is clearly disclosed where allowed.
  • Keep it fair & safe: avoid personal information, hate speech, harassment or unrelated content.
  • Verification: we may use “Verified” labels and basic checks (e.g., match to a booking) before or after publication.
  • Moderation: we may edit for formatting/spam removal or decline/remove reviews that appear fake, misleading, abusive or off-topic. We don't buy or sell reviews and we don't suppress lawful negative reviews.
  • Report a concern: if you believe a review is fake or inaccurate, please report it via our Help page. We'll review and take appropriate action.

Note: Local consumer laws may require us to explain how we check review authenticity and to remove fake or concealed, incentivised reviews. We follow those rules in the regions where we operate.

How Results Are Ranked

We rank and recommend listings using factors like search/query relevance, location, availability, review quality and recency, Provider responsiveness, and price. Sponsored placements are labelled and may affect prominence. Providers must pass our trader identity checks before listing and may be suspended for non-compliance.

Risk & Insurance

Some experiences involve inherent risks. Providers usually carry their own insurance; coverage and exclusions vary. Consider your own insurance and review Provider requirements (age, health, weight, fitness, ID) before booking. Providers may refuse participation if eligibility/safety rules are not met.

Privacy & Data Handling

  • We collect your Booking Details and share them with the Provider to process and manage your Booking and support.
  • We act as a data controller for your account/booking data. The Provider is a separate controller for their copy of your details. Where we jointly determine purposes/means with a Provider, we will implement and make available an appropriate allocation of responsibilities.
  • See our Privacy Policy for details on how we comply with applicable privacy laws (for example, APPs/GDPR/UK GDPR).

About Providers on Our Marketplace

We check key business details of Providers before their listings go live and display the Provider's identity on the experience page. This helps you know who you'll be dealing with. These checks don't require anything from you and don't affect your booking rights.

Provider Terms & Policies

Before you complete a Marketplace or ExperienceNOW booking, we show you the Provider's terms and policies for that experience (for example, eligibility, safety rules, inclusions, cancellation/rescheduling, lateness and no-show conditions, fees and surcharges). Please read these Provider terms carefully before you finalise your booking.

  • The Provider's terms form part of your contract with the Provider for that experience.
  • If anything in the Provider's terms appears inconsistent with these Marketplace Terms, the Provider's specific booking policy for that experience will apply to those booking matters, except where non-excludable consumer laws require otherwise.
  • Nothing in this section limits your non-excludable consumer rights under local law.

How We Order and Show Results

When you search or browse, we order results using factors like relevance to your search, location and availability, review quality and recency, Provider responsiveness, historical reliability (for example, lower cancellation rates, strong performance over time), and price. Sponsored placements are clearly labelled and may affect prominence. Commercial relationships do not otherwise change the information we show about an experience.

Weather, Safety & Operational Disruptions

Some experiences depend on safe weather and operational conditions. A Provider may postpone, reschedule or cancel an experience if it's unsafe or not feasible to proceed. Examples include (without limitation):

  • severe or unsuitable weather or environmental conditions (e.g. storms, high winds, fire danger, floods, smoke, dangerous surf, poor visibility);
  • mechanical issues, equipment maintenance or technical faults;
  • safety alerts, emergency services directions or site/venue closures;
  • public health orders or other government restrictions;
  • transport disruptions (road closures, traffic incidents, strikes/industrial action, airspace or marine restrictions);
  • staff illness or injury affecting the Provider's ability to operate safely;
  • minimum participant numbers not being met (where stated on the listing or booking page);
  • other force majeure events beyond the Provider's reasonable control.

Before you set off, please check your booking confirmation and contact the Provider close to the scheduled time/day to confirm the experience is going ahead. Also monitor your email and SMS for any updates from the Provider.

Where a Provider postpones or cancels, the Provider's policy for that experience applies (for example, a reschedule or refund)-and nothing in these Terms limits any non-excludable consumer rights you may have under local law. Entitlements can depend on the reason for the change and the terms that applied at booking.

Costs of getting to the experience: Thrill Experiences isn't responsible for your travel, parking, accommodation or other incidental costs if an experience is delayed, rescheduled or cancelled, except where required by law.

Notices & Attendance

  • Please ensure your email and contact details are correct; booking information and confirmations are sent electronically.
  • Providers expect you to attend at the booked date/time. Non-attendance may result in forfeiture under the Provider's terms.

Fraud Prevention

We may restrict or cancel a booking, or limit account access, if we reasonably suspect fraud, unlawful activity or a breach of these terms or the Provider's booking conditions. This does not affect bookings already confirmed unless action is necessary for safety, legal or fraud-prevention reasons.

Personal Use Only

Marketplace and ExperienceNOW bookings are for your personal use (including your group). Resale or commercial use is not allowed unless the Provider consents in writing.

Access & Geo-blocking

We do not engage in unjustified geo-blocking where prohibited by law. Some experiences are inherently location-bound and require attendance at the specified place/date/time. Eligibility, legal restrictions, or local licensing may limit access in certain countries.

Account Conduct & Prohibited Uses

  • Keep your account details accurate and secure. You are responsible for activity under your account.
  • Do not misuse the platform (for example, scraping, spamming, infringement, unlawful or abusive content, fraud).
  • We may restrict, suspend, or terminate access and cancel unconfirmed Booking requests if we reasonably suspect breach, fraud or abuse.

Dispute Resolution - Let's try to sort things out first

Before starting a case in a court or tribunal (unless urgent injunctions are needed), please follow these short steps:

1) Give a Notice of Dispute

Email the Provider using the confirmation details and copy Thrill via our Help page. Include: who you are, booking reference, what happened, what you want, and key documents.

            Subject: Notice of Dispute – {{CustomerFullName}} – {{BookingReference}}

            Your details:
            • Name: {{CustomerFullName}}
            • Phone: {{CustomerPhone}}
            • Email: {{CustomerEmail}}

            Booking details:
            • Reference: {{BookingReference}}
            • Experience: {{ExperienceName}}
            • Date/Time: {{ExperienceDateTime}}

            What happened:
            {{ShortIssueSummary}}

            What I'm asking for:
            {{RequestedOutcome}}

            Key documents:
            • Attach confirmations / emails / photos as applicable
                    
2) Good-faith negotiation (within 14 days)

You and the Provider will genuinely try to resolve the matter within 14 days of receipt of the notice.

3) Mediation (if not resolved)

If still unresolved, either party may refer the dispute to mediation with an agreed mediator in the place of the experience (or another agreed venue). If you cannot agree on a mediator within 7 days, either party may request a nomination from a reputable appointing body for that country or, for Australia, the Resolution Institute. Costs are shared equally unless agreed otherwise.

4) After mediation

If not resolved within 30 days after a mediator is appointed (or another written period), either party may commence proceedings. This clause does not prevent you from using any court or tribunal with jurisdiction under applicable law.

Safety valves
  • Non-participation: If a party fails to acknowledge the notice within 7 days, refuses to negotiate in good faith, or fails to attend a properly-scheduled mediation, the other party may proceed. The complying party is treated as having satisfied these pre-conditions.
  • Urgent injunctions: Either party may seek urgent injunctive or similar relief at any time.

Removal & Service Changes

We may modify or suspend marketplace features or remove listings at any time (for example, for maintenance, safety or compliance).

Changes to these Terms; Severability

We may update these Terms from time to time. The version in force when you make your Booking applies to that Booking. If any provision is invalid or unenforceable, it will be severed and the rest will continue in force.

Governing Law & Jurisdiction

Except where mandatory consumer protections provide otherwise, these Terms and any non-contractual obligations arising out of or in connection with them are governed by the law of the place where the experience is performed or the Provider's home country (as stated on the listing). You will not be deprived of mandatory consumer protections that apply in your country of residence.

Contact Us

Thrill Experiences Pty Ltd
Visit the Thrill Experiences Help Page here.

Country-specific Annex

Annex - Australia

  • Australian Consumer Law (ACL): Your non-excludable guarantees for services (due care/skill, fit for purpose, within a reasonable time) apply to experiences supplied in Australia.
  • Unfair Contract Terms: Including, using or relying on unfair terms in standard form consumer/small-business contracts is illegal and may attract penalties (in force from 9 Nov 2023).
  • Reviews: We follow ACCC guidance on genuine reviews. Incentivised reviews must be disclosed and not biased.
  • VCAT: This process doesn't stop you applying to VCAT. If a case is filed early, the parties agree to ask VCAT to pause while we complete negotiation/mediation.
  • Tax Reporting: Platform operators may have reporting duties under the Sharing Economy Reporting Regime (SERR).

Annex - New Zealand

  • Consumer Guarantees Act (CGA): For experiences supplied in New Zealand, services must be provided with reasonable care and skill, be fit for purpose and completed within a reasonable time. Your non-excludable CGA rights apply to consumer bookings.
  • Fair Trading Act (FTA) & Unfair Contract Terms: We comply with FTA prohibitions on misleading or deceptive conduct. The FTA's Unfair Contract Terms regime applies to standard-form consumer contracts and, since 16 August 2022, to standard-form small trade contracts (business-to-business) under specified thresholds.
  • Prices, currency & taxes: Prices are shown in the currency stated at checkout. Where the Provider is the merchant of record for a NZ-supplied experience, they issue tax invoices/receipts and are responsible for any applicable NZ GST.
  • Privacy (Privacy Act 2020): We handle personal information in line with NZ's 13 privacy principles. Cross-border disclosures follow Principle 12 (or your consent). The Act can apply to overseas agencies carrying on business in NZ.
  • Dispute options: Our Dispute Resolution clause (notice → good-faith negotiation → mediation) applies. This does not prevent you applying to the Disputes Tribunal or any other tribunal/court with jurisdiction. If a case is filed before these steps finish, the parties agree to ask the tribunal to pause while we complete them.
  • Mediation appointing body: If you can't agree on a mediator within 7 days, either party may request a nomination from Resolution Institute (NZ) or AMINZ. Mediation will take place in New Zealand unless agreed otherwise; mediator fees are shared equally unless agreed otherwise.

Annex - European Union / EEA

  • Recommenders & ranking: We explain, in these Terms, the main parameters of our ranking and any user options.
  • Trader traceability (KYBC): We verify Providers before listing and display key Provider identity details on listing pages.
  • Reviews transparency: When we present reviews as consumer reviews, we disclose the checks we use to promote authenticity.
  • Price reductions: Where we announce a price reduction, we follow EU requirements on prior/lowest price displays where applicable.
  • Geo-blocking: We do not unjustifiably restrict access to our interface based on nationality/residence, subject to lawful, location-bound limits.
  • Cooling-off: For leisure services tied to a specific date/period, the statutory withdrawal right does not apply (CRD Art. 16(l)).
  • ODR platform: The EU ODR platform has been discontinued (no new complaints from 20 Mar 2025; closure by 20 Jul 2025).

Annex - United Kingdom

  • Cooling-off: The 14-day cancellation right generally does not apply to dated leisure services (CCR 2013 reg 28(1)(h)).
  • DMCC Act: Hidden mandatory fees (“drip pricing”) are banned and fake reviews are prohibited from 6 Apr 2025. Pricing must show unavoidable fees up-front; platforms must not facilitate fake reviews.
  • Ranking transparency: We set out the main parameters determining ranking of listings and the rationale (business-user transparency under P2B).
  • Platform reporting: We may have due-diligence and reporting duties regarding Providers under UK platform operator regulations.

Annex - United States

  • Reviews & endorsements: We comply with the FTC's Consumer Reviews & Testimonials Rule. We do not buy or sell reviews, post deceptive reviews, or suppress lawful negative reviews.
  • Jurisdiction: Any dispute may be brought in a court that has jurisdiction under applicable law; our dispute ladder is meant to reduce cost and time, not to limit rights.

Effective Date: 1 September 2025