1. ACCEPTANCE
1.1. These Terms and Conditions (Terms) constitute a contract between Laura Jallier trading as Van du Vin - ABN: 71886331995, its successors and assignees (referred to as “VDV”, “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.
1.2. A reference to “Services” means the requested wine region tour and related services as described on our website: www.vanduvin.com.au (Website) which we will provide to you pursuant to these Terms. A reference to “Tour” means the tour booked by you which forms part of the Services.
1.3. You are deemed to have agreed to these Terms by: a) making a booking with us; b) confirming by email that you accept the Terms; c) instructing us to proceed with provision of the Services; or d) paying any Deposit required, or making part or full payment for the Services, set out in our tax invoice to you (Invoice).
1.4. If we accept your booking, the parties will have created a binding contract and we will supply the Services to you, and the you will pay the Fee to us as specified in the Invoice we provide.
1.5. You agree that these Terms form the agreement pursuant to which we will supply the Services to you. We urge you to review these Terms carefully, make copies of these Terms available to all persons you book on our Tours (bringing to their attention terms relating to behaviour and conduct) and contact us on the details set out below if you have any questions.
2. SERVICES
2.1. We agree to perform the Services with due care and skill.
2.2. We reserve the right to refuse any request that we deem (in our absolute discretion) inappropriate, unreasonable or unlawful.
2.3. We may provide the Services to you using our own employees, personnel, contractors and/or third party providers, in our absolute discretion.
2.4. Products and/or services rendered by third parties who are not our employees or contractors (Third Parties), including but not limited to wines, meals, and vineyard activities do not form part of the Services rendered by us and as such we cannot offer any warrantee or accept any liability in respect of such products or services.
3. BOOKINGS
3.1. The fees and costs for our Services are set out on our website.
3.2. We will not commence performing the Services until the fees quoted to you for the Services (Fees) have been paid in full.
3.3. Unless otherwise agreed in writing with VDV, full payment (equating to 100%) of the total Fees are required to be paid to secure all bookings for the Services.
3.4. All Fees are quoted and invoiced in Australian dollars (AUD) and include Australian Goods and Services Tax (GST) and all booking fees.
4. CANCELLATIONS & VARIATIONS
4.1. All cancellations are required to be made by written notice to our nominated email address being: bonjour@vanduvin.com.au.
4.2. For cancellations:
a) advised more than 21 days prior to the Tour departure date, a full refund of the Fees will be available less a $25 admin fee.
b) advised less than 21 your deposit will be forfeited;
c) advised less than 14 days but more than 48 hours, 50% retention of your total tour.
d) advised less than 48 hours prior to the Tour departure date or where no cancellation is advised at all and you fail to present for the Tour (no show), 100% of the Fees are forfeited to us and no refund will be available.
4.3. Reduction or increase in numbers of attendees in group bookings must be advised in writing at least 7 days prior to the Tour departure date. Whilst every effort will be made to accommodate such requests, VDV cannot guarantee availability for numbers in excess of those in the original booking.
4.4. Fees will not be varied as a result of reduced numbers of Tour attendees and you hereby acknowledge that no refund will be due in respect of the same.
4.5. Tour variations and cancellations may occur for a variety of reasons beyond VDV’s control including illness of VDV personnel, vehicle breakdowns, inclement weather, impromptu changes by (and closures of) wineries and Tour destinations, road closures or traffic disruptions etcetera. If any of these circumstances should arise, VDV may be required to revise the Tour itinerary but in doing so will take all reasonable steps to minimise impact to you and your Tour attendees.
4.6. VDV reserves the right to: a) alter any part of the itinerary without notice; and b) use alternate vehicles and personnel where required, and in such circumstances a refund will not be available.
4.7. In circumstances where we are required to cancel your booking prior to commencement, we will refund 100% of the Fees.
5. TOUR PARTICIPANT BEHAVIOUR & CONDUCT
5.1. VDVV and its winery or venue partners maintain a zero tolerance policy for intoxication, anti-social and/or disorderly behaviour.
5.2. You and your attendees will be expected to comply and abide by relevant liquor licensing and consumption laws. You hereby acknowledge and agree that Tour attendees may be refused service in accordance with responsible service of alcohol laws and individual alcohol service policies enforced at venues. You should be aware that wineries and other Tour destinations have the right to refuse service of alcohol and refuse admission to their premises and VDV accepts no liability or responsibility for loss resulting from any such refusals.
5.3. Drinking of alcohol is not permitted on VDV vehicles. Doing so does not comply with local laws or conditions imposed by our insurers and is strictly prohibited.
5.4. If you or any of your guests disregard a reasonable request by us to cease consumption of alcohol during the Tour (whether whilst on board a VDV vehicle or otherwise) VDV reserves the right to terminate or suspend the Tour and will, if required, arrange for a taxi service to have the attendee/s transported back to their pick up location at the individual attendee’s cost.
5.5. No refunds will be given to those you in the event the Tour is terminated or suspended in circumstances where you or one of your attendees is in breach of this clause 5 and you hereby indemnify VDV in respect of all costs and liability it incurs if VDV is required to suspend or terminate a Tour as a result of irresponsible consumption of alcohol, intoxication of attendees, anti-social and/or disorderly behaviour.
5.6. Legislation requires that seat belts be worn at all times and you hereby agree that you will ensure that all attending passengers abide by any reasonable direction of VDV or its personnel in relation to the wearing of seat belts or passenger safety generally.
5.7. You and all of your attendees must carry suitable identification in order to establish proof of age in accordance with local liquor licensing laws. VDV accepts no responsibility for exclusion from venues for a failure to produce approved proof of age documentation.
5.8. Smoking inside VDV vehicles or third party venues is strictly prohibited and contrary to law.
5.9. You acknowledge that Tour destinations and wineries do not have liquor licenses permitting you to bring your own alcohol (BYO) and as such you are not permitted to bring external alcohol to wineries or other Tour destinations.
5.10. You are wholly responsible for and indemnify VDV in respect of any damage sustained to our vehicles as a result of actions or omissions by you or one of your attending passengers. Any damage sustained to a VDV vehicle by your attendees must be paid for in full by you.
5.11. VDV requests that all Tour attendees remain respectful and considerate of subsequent tour groups and maintain VDV vehicles in a clean and tidy state. VDV may impose a vehicle cleaning fee in circumstances where you or one of your attending passengers is responsible for incidents necessitating vehicle cleaning.
6. INSURANCE
6.1. VDV recommends that you and your Tour attendees procure adequate travel insurance that covers cancellation, illness, delays, loss and property damage.
7. MEDICAL CONDITIONS & PERSONAL BELONGINGS
7.1. You agree that you will inform VDV of any reasonable medical requirements that can be met by someone without medical training that you or Tour attendees may require whilst on the Tour (such as use of an EpiPen or an asthma inhaler) and inform us of where these items will be stored whilst on the Tour and how to use them if required.
7.2. Notwithstanding clause 8.1 above, you nonetheless acknowledge that VDV personnel are not medical professionals (or may not be with your group at all times) and agree to release and indemnify VDV from all liability associated with offering reasonable assistance.
7.3. Participant safety is of paramount concern to VDV and so we will seek professional medical assistance if there are any doubts about the medical safety or fitness of an attendee to continue on the Tour. You hereby agree for us to do so whether you or the individual concerned provides consent at the time or not.
7.4. Our personnel will seek professional medical assistance (for example: ambulance, paramedics or doctors) if they are requested to do so or they reasonably believe that you may require such assistance. By booking with VDV you agree to assume the costs associated with any such medical assistance requested and procured on your behalf by our drivers, personnel, other passengers or by staff at a winery or Tour destination.
7.5. It is your responsibility to take care of your personal belongings at all times whilst on a Tour. VDV cannot be held responsible or liable for any personal belongings left unattended on our vehicles or at wineries and/or Tour destinations. Where possible we will take reasonable steps to return any lost property which is recovered from our vehicles provided that you pay in advance the cost of any associated postage or freight.
8. LIABILITY & INDEMNITY
8.1. VDV will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any consequential loss or any other remote abnormal or unforeseeable loss whether or not in the reasonable contemplation of the parties, in relation to Tour and/or providing the Services. This includes, but is not limited to: a) any claims or liability which may arise as a result of property damage caused by you or a Tour attendee; b) any claims or liability which may arise as a result of a breach by you or a Tour attendee of clause 5 (tour conduct and behaviour); c) any claims or liability which may arise as a result of the you providing incorrect information or instructions; and d) any claims or liability for infringement of any third-party intellectual property rights.
8.2. You agree that, the maximum liability of VDV to you arising out of or in connection with the Services is, to the extent permitted by law, limited in the aggregate to the amount of the Fee payable for the Services. In the event of a breach by VDV causing loss, VDV’s liability to you for such breach shall be limited to the cost of VDV supplying the Services again.
8.3. You are liable for and agree to indemnify, defend and hold VDV harmless for and against any and all claims, liabilities, suits, actions, costs and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: a) any information you supply that is not accurate, up to date or complete or is misleading in any way; b) any breach by you of these Terms; c) any breach of these Terms by any attendees, passengers and/or guests booked by you; d) any unauthorised use of VDV branding or intellectual property; and e) any misuse of the Services, from or by you, your attendees, guests, employees, contractors or agents.
8.4. 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 conduct of an attendee on the Tour.
9. MISCELLANEOUS
9.1. VDV offers gift vouchers. Gift certificate are valid for 3 years from the date of issue and are not redeemable after the expiration date. Whilst VDV will make all reasonable endeavours to accommodate gift voucher bookings, gift voucher redemptions will at all times be subject to tour availability and will not take precedence over existing bookings. Gift voucher are non-refundable and cannot be exchanged for cash.
9.2. Winery and other Tour destinations may offer menu items tailored to the needs of allergy sufferers, vegetarians or those on restricted diets. We encourage you to advise of any dietary requirements of Tour attendees at the time of making your booking so that VDV can advise wineries and Tour destinations. Please note however that VDV cannot guarantee accommodation to individual dietary requirements and accepts no responsibility for a failure of a winery or Tour destination to suitably accommodate such requirements.
9.3. You acknowledge that our tours are specifically designed for persons over the age of 18 years and that VDV vehicles are not equipped with appropriate child seats, restraints or other safety features required for minors. Upon prior request (and subject to the discretion of VDV) minors may be allowed to join a tour at adult prices provided that: a) the minor is accompanied by a parent or legal guardian; b) that parent or legal guardian accepts full responsibility for the safety and behaviour of that minor; and c) that parent or legal guardian ensures that the minor does not at any time consume alcohol while on the VDV Tour.
If you have any questions or concerns about anything
contained in these Terms or your booking generally, please
contact us:
Van Du Vin
Email: bonjour@vanduvin.com.au