TERMS AND CONDITIONS
TERMS AND CONDITIONS OF BOOKING AND TRAVEL
1. You agree that bookings are made pursuant to the terms and conditions mentioned in this document. Beyond the Vine Wine Tours reserve the right to treat bookings not paid in full by the due date as cancelled and subject to cancellation fees. All Day Tour payments will need to be paid in full at time of booking.
2. You acknowledge that:
a. You have been afforded an opportunity to read and consider these terms and conditions;
b. You understand these terms and conditions.
3. The payment of a deposit or the full or partial fare shall be deemed to be an acceptance of the terms and conditions by the person(s) named on the booking form. Furthermore the said person(s) undertake to convey and confirm these terms and conditions to all persons travelling under the ticket applied for on the booking form and Beyond the Vine Wine Tours expressly rely upon this undertaking.
TICKETING, DEPOSITS AND CANCELLATIONS
4. a) Payment for tours and transfers, corporate and group charter can be accepted via Credit Card, Cash, Cheque, and electronic funds transfer. Cheques must be received within 3 days of booking confirmation and require an 8 day clearance. For additional details for Electronic Funds Transfer please contact our sales centre. Payment plans for extended tours and group and corporate experiences and charters can be arranged.
b) All prices are quoted and to be paid in Australian Dollars (AUD) only.
5. Tour cost includes all vehicle (car/coach) travel, rail travel, entry fees to attractions, experiences and wine tastings as stated on the itinerary, accommodation on a twin share basis (minimum 3 .5 star) and meals as stated on the itinerary: B = Breakfast, MT = Morning Tea, L = Lunch, AT = Afternoon Tea, D = Dinner
6. Tour cost does not include items of a personal nature, souvenirs, drinks, spending money, telephone calls, gratuities, travel insurance, connecting transport to join or leave the tour, personal accident or medical expenses.
7. Except where expressly outlined in a Beyond the Vine Wine Tours brochure and website,
8. concession fares are as follows:
a) Child fares apply to children aged 3 - 14 years inclusive.
b) Adult fares apply to persons 15 years and over.
c) An infant 2 years and under travels free of charge, but are not allocated a seat or any inclusions of accommodation, meals or attractions. Please contact our sales office if you would like to bring an infant on an extended or day tour for further advice and information.
d) Seniors fares apply to certain tours as outlined in tour brochure. Senior fares apply to holders of valid Australian Seniors Cards.
9. A minimum security deposit of 25% of the ticket price per person is payable within 7 days of making a booking of any tour. Any security deposit paid will automatically be credited towards the tour price at the time of final payment, unless otherwise required. Deposits are not refundable or transferable except in accordance with these terms and conditions.
10. Group and Corporate Experiences and Charters are confirmed when the required non refundable deposit or full payment is received. All monies and funds need to be paid in full 14 days prior to the departure date of the experience or charter and final numbers will need to be advised.
11. Group and Corporate Experience and Charter tickets or travel vouchers will be emailed to you 7 days prior to the departure date of the tour. Tickets will not be issued unless full payment has been received by Beyond the Vine Wine Tours.
12. Cancellation Fees:
Day Tours, Private Tours and the South Coast Wine Train:
Between 24 hours to 7 days prior to departure......50% of full fare
Within 24 hours of departure....................................NO REFUND
Non attendance or non completion of tour..............NO REFUND
Group and Corporate Experiences and Charters:
More than 14 days prior to departure......................25% of the full fare (full deposit)
7 to 14 days prior to departure................................ 50% of the full fare
Under 7 days prior to departure ..............................NO REFUND
Non attendance or non completion of tour .............NO REFUND
13. Notification of cancellation for Group and Corporate Experiences and Charters must be in writing to Beyond the Vine Wine Tours. Any issued tickets and vouchers must be posted to our office. Cancellation fees are calculated on the day written notification is received.
14. Beyond the Vine Wine Tours reserve the right to pass on any cancellation fees imposed on Beyond the Vine Wine Tours by any carrier.
15. Due to the additional time required and communications costs of the booking process, a charge of $11 per person per amendment may apply to any modification made to the original booking, in addition to any fees and charges imposed by other carriers.
16. Beyond the Vine Wine Tours makes arrangements for its tours by using the services of other service providers of accommodation, rail, air and ground travel, meals, wineries, attractions (“carriers”). Carriers may be either individuals and/or companies. Where services are provided by a carrier or carriers, Beyond the Vine Wine Tours acts as agent for that carrier or those carriers.
LIMITATION OF LIABILITY
17. Beyond the Vine Wine Tours is not and cannot be responsible for any act or omission of a carrier or carriers (whether negligent or otherwise) and it is an express condition of your contract with Beyond the Vine Wine Tours will not be liable for injury, damage, or loss caused by an act or omission of a carrier or carriers.
18. Despite any other provisions in these terms and conditions, and to the extent permitted by law, Beyond the Vine Wine Tours total liability to you or any third party for any injury, damage or loss suffered by you in consequence of any act or omission (including acts or omissions of negligence) of Beyond the Vine Wine Tours or any subcontractor or agent of Beyond the Vine Wine Tours, will not exceed the supplying of the services again or the payment of the cost of having the services supplied again.
19. Beyond the Vine Wine Tours will not be liable for, and you discharge Beyond the Vine Wine Tours and its directors, officers, employees, agents or subcontractors absolutely (with any and all such losses borne by you) from any loss or additional expense suffered by you resulting from:
a. any tour failing to arrive or depart at the allocated times (including accommodation expenses and missed travel connection expenses);
b. any non-performance, change of itinerary or delays in departure or arrival time of any other carrier;
c. delays or changes in connection services, sickness, weather, strikes or other causes.
20. Participation in tours operated by Beyond the Vine Wine Tours and its carriers can involve certain risks and you acknowledge such risks. Beyond the Vine Wine Tours is not liable for, and you discharge and release Beyond the Vine Wine Tours from, all claims arising as a result, but not limited to, the following events: Force Majeure, hazards of traveling by boat, train, automobile, aircraft or other means of transportation, forces of nature, accidents, illness, epidemics and pandemics etc.
21. Beyond the Vine Wine Tours strongly recommends that a travel insurance policy be taken out before the tour which may cover you against unforeseen circumstances which may arise as a result of, but are not limited to, cancellation, loss of baggage, events of Force Majeure. It is your sole responsibility to obtain suitable insurance for the tour.
CHANGES TO SERVICES
22. Beyond the Vine Wine Tours and its carriers reserve the right to alter any published itinerary if Beyond the Vine Wine Tours or any carrier believes that such alteration is in the best interest of passenger safety, well-being or enjoyment.
23. Beyond the Vine Wine Tours and its carriers reserve the right to alter or change any vehicle, train, carriage, experience or accommodation at any time without notice as Beyond the Vine Wine Tours considers necessary for any reason whatsoever. Every endeavour will be made to provide the most suitable replacement vehicle, train, carriage, experience or accommodation in the circumstances however Beyond the Vine Wine Tours and its carriers reserve the right to substitute vehicles, train, carriage, experience or accommodation of a lesser standard should this be reasonably necessary.
24. Each booking is conditional on Beyond the Vine Wine Tours obtaining the minimum number of bookings required to operate that tour. In the event that sufficient numbers are not met, Beyond the Vine Wine Tours reserves the right to cancel or suspend a scheduled departure. Passengers may at their option receive a full refund or transfer to another tour.
25. Beyond the Vine Wine Tours reserves the right to alter or vary without notice to you the tour price advertised or printed to cover an increase in accommodation, fuel price, Government taxes and charges, or other tour related tariffs and costs.
26. You must be ready to join the tour at least 10 minutes before the indicated departure time for coach and rail tours (or at such other time as nominated in your pre-departure information). Once you have arrived at the departure point please check in with Beyond the Vine Wine Tours staff prior to joining the tour. In the event of failure to arrive and check-in as described in this section Beyond the Vine Wine Tours reserves the right to deem your ticket as cancelled due to non-attendance with no obligation to contact you or to seek your whereabouts.
27. Day Tours, Private Tours and South Coast Wine Train tour times in advertising material and brochures are indicative only. Final details, departure times and locations for all tours and group and corporate experiences and charters will be forwarded to you with your ticket and travel voucher.
28. Beyond the Vine Wine Tours will not allow you to commence or continue your tour if, in the opinion of any representative of Beyond the Vine Wine Tours or their carrier, your mental or physical condition is such as to render you incapable of caring for yourself, likely to become objectionable to other passengers or a hazard to yourself or other passengers. Beyond the Vine Wine Tours will not be held liable for any expenses as a result of a passenger being required to leave the tour.
29. The maximum weight per piece of luggage is 20 kg and the maximum size should not exceed 160 cm in volume. One case per person which is to be stored in the luggage compartment of the coach or train. For persons travelling together, two small cases are requested rather than one large case. All luggage must be lockable and clearly labeled inside and out with your name, full residential street address and home phone number. Due to space constraints, each passenger is permitted to bring onboard to the passenger compartment of the coach or train one small bag of 4 kg to be stored in the luggage racks. Luggage which exceeds these requirements may not be carried. Beyond the Vine Wine Tours reserves the right to refuse carriage to any passenger who does not observe these requirements and will not be held liable for any expenses as a result of a passenger being required to leave the tour.
30. Beyond the Vine Wine Tours reserve the right to remove any passenger from a tour who does not have in their possession an appropriate valid ticket or voucher and Beyond the Vine Wine Tours will not be liable for any consequential costs or claims.
31. Where a tour offers participation in rail photo stops or travel to, from or through a location where normal passenger train facilities are not provided, you acknowledge and understand that any passenger who so alights, detrains or entrains does so entirely at their own risk and must, in doing so, obey any lawful instruction provided by a Beyond the Vine Wine Tours representative or any other official.
32. Special dietary requirements are requested from accommodation and meal providers, but Beyond the Vine Wine Tours does not guarantee that requests will always be met.
33. Sole occupancy of rooms is available at an extra cost upon request, subject to availability at time of booking. Where a single passenger is willing to share accommodation with a fellow single passenger, Beyond the Vine Wine Tours will endeavour to find another of the same gender, similar age and with the similar interests. Accommodation is on a twin share basis and Beyond the Vine Wine Tours accepts no responsibility of the rooming partner, and if a passenger at any time during the tour considers the rooming partner unsuitable, then Beyond the Vine Wine Tours will, subject to availability, arrange for single accommodation.
34. Smoking is prohibited on all trains, coaches, road transport services and wineries.
35. It is a requirement of law that all passengers wear seat belts in all seat belt equipped vehicles.
36. Children under the age of 7 years must be correctly secured within vehicles, cars and coaches. Beyond the Vine Wine Tours and its carriers are not responsible for the provision, installation and securing of children and child booster seats, capsules and child restraints.
37. Only passengers over the age of 18 years are permitted to consume alcohol during the tour or experience.
38. Beyond the Vine Wine Tours accepts no responsibility for lost or stolen property or guarantees the security of any lost property. In the event of lost property requiring to be delivered after a tour or experience to a passenger’s accommodation, a delivery fee of $50 per hour may be charged.
39. Additional fees will be charge where passengers cause damage to a vehicle, train or venue due to actions such as vandalism, food or beverage spillage, illness, breakages or similar. Passengers will be required to pay all reasonable cleaning and sanitising costs incurred by the company and any costs incurred in the event of hiring of a replacement vehicle due to the company vehicle being out of service from cleaning caused from a passenger’s actions.
40. You may not bring court or arbitration proceedings regarding a dispute unless you follow this procedure (except where you seek interlocutory relief):
a) A party claiming that a dispute has arisen regarding these terms and conditions must give written notice within 30 days to the other party specifying the reason for the dispute;
b) Within 7 days of service of the notice the parties must, in good faith, endeavor to resolve the dispute expeditiously.
c) If the parties cannot resolve a dispute within a further 7 days the parties must refer the dispute to mediation and appoint by mutual agreement a mediator to facilitate the process;
d) If the parties cannot agree on a mediator within a further 7 days then either party may request the President of the Law Society of South Australia to appoint a mediator.
e) Mediation shall take place within 30 days or such other period fixed by the mediator and at a venue of his/her choosing.
f) The cost of mediation shall be worn by the parties equally.
41. The terms and conditions contained in this document prevail over any previous terms and conditions offered by Beyond the Vine Wine Tours and any representations made by Beyond the Vine Wine Tours through its website or brochures or otherwise.
42. Nothing in these terms and conditions will operate to exclude, restrict or modify any provisions in the Trade Practices Act 1974 or any equivalent Australian State or Territory legislation, the exercise of a right conferred by such a provision or any liability of Beyond the Vine Wine Tours for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.
43. Any covenant or agreement contained in the Contract or a whole clause or part of a clause which is invalid, unlawful, void or unenforceable shall be capable of severance without affecting any other covenant or agreement.
44. The Contract shall be governed by the laws of the State of South Australia whose Courts shall have jurisdiction over any dispute in relation to this Contract.
GIFT CARDS AND VOUCHERS
45. All gift cards and vouchers of a monetary value, i.e. - $150, $200, $250, $300, $350, $400 are valid for 3 years from date of purchase.
46. The gift cards and vouchers for the South Coast Wine Train tours only cover our standard South Coast Wine Train tours with the Tour codes WT411 and WT411MB and DO NOT include any of our premium or private South Coast Wine Train tours
47. All gift cards and vouchers for the South Coast Wine Train tours ( Tour codes WT411 and WT411MB) are valid for the season of tours from May to November as dated on the gift card or voucher.
48. Gift cards of a monetary value can be used to purchase any of our own tours including all of our South Coast Wine Train tours.
49. Gift cards, including remaining balances are not transferable or redeemable for cash.
50. Our normal terms and conditions apply to gift cards and vouchers including cancellation fees.