Hunter Valley Private Tours Booking Terms and Conditions

ACCEPTANCE

    • These Terms and Conditions (Terms) are between Hunter Valley Private Tours (ABN 43618227615), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases Services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you.
    • You have requested specific services, described on and able to be ordered via our website huntervalleyprivatetours.com.au (Site) (Services). You accept these Terms by:
      • ticking the online acceptance box;
      • confirming by email that you accept the Terms;
      • instructing us to proceed with the Services; or
      • paying any Deposit required, or making part or full payment for the Services, set out in our tax invoice to you (Invoice).
    • You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using or purchasing our Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted, and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.  You must not order or use the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not use or purchase our Services from us.
    • We will not commence performing the Services until you have paid the Deposit if you have booked a Private Tour, or our Fees if you have booked a Day Tour.
    • The fees (Fees) for our Services are set out on our Site.

COVID-19 – Changes –

In the event of a lockdown due to COVID-19, booked tours will be postponed to a later agreed date once services re-open.

SERVICES

    • We agree to perform the Services with due care and skill.
    • We reserve the right to refuse any request that we deem inappropriate, unreasonable, or illegal.
    • We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
    • We may provide you with general information and recommendations. Any recommendations we provide to you are our opinion only. You may find more information about our Services on our Site.
    • We are not responsible for or liable for the products or services provided by third parties who are not our employees or our direct contractors (Third Parties), including but not limited to wines, meals, and vineyard activities.
    • If you request amended or additional services, including but not limited to changing the date of a Tour (Variation), we have discretion as to whether we perform this Variation for you and whether an adjustment to the Fee may be required in respect of the same. If we are unable to accommodate the Variation, we may request that we be paid for Services performed to date and terminate these Terms.
    • We will do our best to accommodate any requests for Variations to our Services and to organise activities and Tours which suit your tastes and requirements.
    • If we agree to perform a Variation, then we will inform you of any additional cost (Variation Fee). You must pay the Variation Fee within 7 days of us issuing the Invoice for the Variation.
    • When we organise Third Parties to provide meals for you, we cannot guarantee your special dietary requirements will be met. On request, we can check with the Third Party provider whether your dietary requirements can be accommodated.

PRICE, INVOICING, AND PAYMENT

    • You agree to pay us the amounts set out on our Site, including any Deposit required. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable). You will be required to make payment by way of credit card, bank deposit, PayPal, TripAdvisor, Rezdy.com or other payment methods as set out on the Site when making a purchase for the Services.
    • We reserve the right to change prices at any time. The prices set out on the Site will be the current price. The prices set out in our brochures may be out of date, we will confirm the current price when you contact us.
    • Your booking is confirmed once we send you an Invoice to the email address you nominate when you book with us.
    • If you require any Variation to your order, you must make a request to us. The price and Services may only be varied at our discretion. Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier.
    • We may change, postpone, or cancel any Tour in accordance with our operating requirements. If we change, postpone or cancel your Tour, we will give you notice if this affects you as soon as practicably possible.
    • If we need to change or postpone a Tour and the Tour is no longer suitable for you, we will make every effort to offer you a suitable alternative. If the alternative Tour is not suitable, we will provide you with a full refund

CANCELLATION/POSTPONEMENT

  • In the event of a lockdown due to COVID-19, booked tours will be postponed to a later agreed date once services re-open.
  • In the event you  cancel, we will give you a full refund if you give us at least 14 days’ notice prior to the Tour Date;
  • In the event you cancel, we will not give you a refund if you give us less than 14 days’ notice prior to the Tour Date.

PERSONAL BELONGINGS

  • It is your responsibility to take care of your personal belongings at all times.
  • We are not responsible or liable for any personal belongings left unattended.

 

 

CONDUCT ON A TOUR

  • The enjoyment of participants is of the utmost importance to us. We strive to provide Tours which are enjoyable to all parties involved.
  • We do not tolerate behaviour on a Tour which disturbs or affects the enjoyment of other Tour participants.
  • If you act in a manner which is disorderly, obscene, obnoxious, distressing, rude or which otherwise disturbs other Tour participants, we may ask you to leave the Tour.
  • If we ask you to leave the Tour because you have behaved in a disorderly, obnoxious, distressing or rude manner, we will not provide you with a refund.
  • If we ask you to leave the Tour you are responsible (and must pay) for transport to your home or another location.

    1. RELEASE

    • We may take photos or videos of you in the course of our Tour. We may also record your written feedback about our Tours.
    • You grant us permission to photograph and video you and for us to use the resulting photographs and videos for marketing purposes. You also grant us permission to use your written feedback for marketing purposes, such as in testimonials displayed on our Site.
    • If you wish to withdraw your permission for us using your images or videos of you in our marketing material, please contact us in writing and request that we do not use your image or video recordings of you. If you make a request to us in writing, we will not use your image or video in any marketing material.

      2. CONFIDENTIAL INFORMATION

      • We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers) other than as set out in our Privacy Policy, which is available on the Site; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
      • You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
      • These obligations do not apply to Confidential Information that:
        • is authorised to be disclosed;
        • is in the public domain and/or is no longer confidential, except as a result of b a each of these Terms;
        • is received from a third party, except where there has been a breach of confidence; or
        • must be disclosed by law or by a regulatory authority including under subpoena.
      • This clause will survive termination of these Terms.

        1. FEEDBACK AND DISPUTE RESOLUTION

        • Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
        • If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
          • The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
          • If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
        • Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

          1. TERMINATION

          • The Parties may terminate these Terms by mutual agreement, upon 14 days’ notice per the Notice Period in writing including by email.
          • Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
          • We may terminate these Terms immediately, at our sole discretion, if:
            • we consider that a request for the Service is inappropriate, improper or unlawful;
            • you fail to provide us with clear or timely instructions to enable us to provide the Services;
            • we consider that our working relationship has broken down including a loss of confidence and trust;
            • you act in a way which we reasonably believe will bring us or our Site into disrepute;
            • you provide us with incorrect payment details or any other incorrect information; or
            • for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
          • On termination of these Terms you agree that any Deposit or payments made will be refunded or retained as per the following:
            • In the event of a lockdown due to COVID-19, booked tours will be postponed to a later agreed date once services re-open.
            • In the event you  cancel, we will give you a full refund if you give us at least 14 days’ notice prior to the Tour Date;
            • In the event you cancel, we will not give you a refund if you give us less than 14 days’ notice prior to the Tour Date.
          • On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
          • On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
          • On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
          • The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

            1. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

            • Australian Consumer Law (ACL): We guarantee that the Services we supply to you are rendered with due care and skill, fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or as a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from the Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
            • Services: If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
            • Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.
            • Risk: Some activities included on a Tour may require a reasonable level of fitness and physical stability. Please ensure that you are able to participate, including please consult your doctor in advance if required.
            • Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
            • Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
              • implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
              • the Services being unavailable; and
              • any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you (Loss), arising out of or in connection with your inability to access or use the Services, the use of our Services and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
            • Limitation: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
            • This clause will survive termination of these Terms.

              1. INDEMNITY

              • You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
                • any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
                • any breach of these Terms; and
                • any misuse of the Services, the Site or the Materials from or by you, your employees, contractors or agents.
              • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
              • Third Parties: We may provide you with contact details of Third Parties. Tours and components of Tours are conducted by Third Parties. While we use all reasonable endeavours to choose reputable Third Parties, we make no representation or warranty about the Third Party information, products or services. We are not liable for, and we disclaim all responsibility and liability for, Third Party information, products or service, punctuality, care of people and personal belongings, failure to provide information, products or services, or Loss caused or contributed to by a Third Party.
              • Insurance: We recommend that you seek information about and obtain appropriate travel insurance before a Tour.
              • This clause will survive termination of these Terms.

                1. GENERAL

                • Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
                • Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
                • Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
                • GST: If and when applicable, GST payable on the Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
                • Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
                • Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
                • Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
                • Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
                • Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address provided at the time you order our Services. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
                • Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
                • Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

                  1. DEFINITIONS

                  • Booking Fee means the fee for booking our Services or Tours, as set out on our Site.
                  • Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
                  • Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
                  • GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
                  • Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.
                  • Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
                  • Private Tour means a bespoke tour organised to meet specific needs or wishes.
                  • Tour means any organised tour or trip we organise for you, including without limitation a Day Tour, Event Tour or a Private Tour.
                  • Tour Date means the date a tour commences.

Contact details:

RMJ & Sons Pty Ltd trading as Hunter Valley Private Tours ABN 43618227615

50 O’Shea Cct Cessnock 2325

Mobile: 0434842034

Email: info@huntervalleyprivatetours.com

Web: www.hutervalleyprivatetours.com.au 

Last update: 11th September 2021