- Acceptance
These Terms and Conditions (Terms) constitute the agreement between [Trend Wise Investment Group Pty Ltd trading as Luxe Wine Tours] (ABN 111 870 501), referred to as “we,” “us,” or “our,” and the party or entity purchasing our Services, referred to as “you” or “your.” These Terms are applicable to all transactions between us and you
You have expressed interest in specific services available on our website, luxewinetours.com.au (Site), referred to as “Services.” By one of the following methods, you acknowledge and accept these Terms:
Marking the online acceptance checkbox.
Confirming acceptance via email.
Instructing us to proceed with the Services.
Making the necessary Deposit or full payment as stated in our tax invoice (Invoice).
You recognize that these Terms form the foundation of our agreement for providing Services to you. It is essential to carefully read and understand these Terms. Should you have any questions, do not hesitate to contact us using the contact information at the end of these Terms. The utilization or purchase of our Services indicates that you’ve had the opportunity to review these Terms, contact us if necessary, have understood, accepted, and will adhere to these Terms. You also affirm that you are at least 18 years of age or have obtained consent from a legal guardian who is at least 18 years old. If you do not agree with these Terms, please refrain from using or purchasing our Services.
Services will not be initiated until the Deposit is paid for Custom Tours, Private Parties, Corporate Functions or the Fees for Day Tours.
- Services
We commit to providing Services with skill and diligence.
We retain the right to reject any requests that we deem inappropriate, unreasonable, or illegal.
Our Services may involve our employees, contractors, and third-party providers, all of which are subject to these Terms. While we will endeavour to meet requests for specific vehicles, the allocation of buses depends on operational requirements, and we cannot guarantee a particular vehicle for your group.
We may offer general information and recommendations, but these are our opinions only. Further information about our Services is available on our Site.
We are not responsible or liable for products or services provided by Third Parties, including but not limited to wines, meals, and vineyard activities.
If you request changes or additional services, we have the discretion to decide whether to accommodate these Variations and whether it may necessitate an adjustment to the Fee. If we cannot accommodate the Variation, we may request payment for Services rendered to date and terminate these Terms.
We will make efforts to conduct pickups and drop-offs as requested, but we reserve the right to change these locations if they are challenging or unsafe for a bus to access due to factors like terrain or recent weather events.
We will strive to accommodate requests for Variations to our Services and customize activities and Tours to match your preferences.
If we agree to perform a Variation, we will inform you of any additional cost (Variation Fee), which must be paid within 7 days of receiving the Invoice for the Variation.
- Guests Under 18 years of age
Guests under 18 years of age are only allowed on our tours with prior operator consent given at least 48 hours before the tour. In such cases, we will ensure the presence of child seats that comply with relevant laws, where applicable. If guests under 18 are not pre-informed and consented to, the operator reserves the right to refuse service. Guests agree to ensure that their child/children use provided child or booster seats as required by law. If assistance is needed with these seats, they will request help from one of our drivers. Guests also assume responsibility and liability for any damage to our vehicles caused by their children.
- Vehicle Breakdown
We will make every effort to adhere to pickup, drop-off, and venue schedules, but these times are approximate and subject to potential delays caused by factors beyond our control, such as traffic, vehicle breakdowns, and weather conditions.
In case of a Vehicle Breakdown, we will strive to make alternative transport arrangements to continue the Tour, which may include sending an alternative vehicle or mobile heavy vehicle mechanic service. If the Tour cannot continue, we will organize transportation for your group back to your pickup location.
- Transfer
If you are unable to attend your Tour due to circumstances beyond your control, you may transfer your booking to another person (Alternative).
To proceed with a transfer, you must provide us with written notice at least 7 days before the Tour Date. The Alternative must also accept these Terms.
Payment in accordance with these Terms is required from either you or the Alternative.
- Price, Invoicing, and Payment
You agree to pay the amounts displayed on our Site, including any required Deposit. All amounts are in Australian dollars and include applicable Australian GST. Payment can be made using various methods outlined on the Site.
We retain the right to change prices at any time, with the prices on the Site reflecting the current rates. If you contact us regarding a booking, we will confirm the current price.
Your booking becomes confirmed upon our issuance of an Invoice to the email address you provide during the booking process.
Any requested Variations must be made in writing, and changes to price and Services are subject to our discretion and written agreement between us.
Payment terms vary based on the type of tour, with Day Tours requiring full upfront payment, and Customer Tours, Private Parties and Corporate functions necessitating payment of our Invoices at least 28 days before the Tour Date. Deposits are required to secure bookings, and full payment is required for bookings made within 28 days of departure.
Our pricing structure, payment methods, and these Terms may be modified at our discretion. Any changes will apply to Services provided after the date of the change. We may also change, postpone, or cancel Tours in accordance with our operating requirements, with notice provided to affected customers.
- Cancellation
The cancellation policy varies based on the type of Tour and the number of participants.
For Wine Tours with less than 2 participants, we may need to cancel the Tour, and we will make efforts to provide a suitable alternative or a full refund.
For Wine Tours where you cancel the following refund policy applies:
We will give you a full refund if you cancel with more than 14 days’ notice
We will give you a 50% refund if you cancel with between 7 and 14 days’ notice
We will not give you a refund if you cancel with less than 7 days’ notice
Custom Tours, Private Parties and Corporate functions have their own cancellation policy, dependent on the notice period.
We will give you a full refund (excluding deposit) if you give us at least 28 days notice of cancellation
We will give you a 50% refund (excluding deposit) if you give us at 14-27 days notice of cancellation
We will not give you a refund if you give us less than 14 days notice
General Terms and Conditions:
- Applying to All Tours:
The Booking Fee of $25 (and, in the case of Private Wine Tours, the 20% deposit) will be deducted from any refund issued for cancellations.
Cancellations resulting from factors such as terrorist activities, disasters, government laws, or states of emergency beyond our control are non-refundable.
All cancellation requests must be made in writing, including via email.
If there’s a reduction in the number of passengers, cancellation fees may apply at our discretion, based on the reduced passenger count.
- Your Responsibilities and Assurances:
You guarantee that you won’t attempt to hire or solicit employees or contractors away from us.
You ensure there are no legal impediments to accepting these Terms.
You agree to cooperate with us and provide necessary information for Services.
All information you provide is accurate and complete.
You won’t infringe on third-party rights in your dealings with us.
You’ll notify us of any concerns regarding our Services, with the goal of resolving them amicably.
You’ll secure any required consents, licenses, and permissions for the Services, at your expense.
You consent to the use of your name and Intellectual Property related to the Services.
You agree to disclose your information to government or health authorities upon legal request.
If applicable, you have a valid ABN and are registered for GST.
- Medical Conditions During Tours:
You’ll inform us or our drivers of any relevant medical requirements that don’t require professional medical attention.
Our drivers aren’t medical professionals but will seek help if necessary. You’ll bear the costs of such assistance.
Notify us before boarding if you have infectious symptoms or diagnoses that may pose a risk. We reserve the right to deny your attendance according to our cancellation policies.
- Personal Belongings:
You’re responsible for your personal belongings and any purchases made during tours.
We are not liable for any personal belongings or purchases.
We’ll make an effort to return lost property upon request, with postage costs covered by you.
Purchases should be stored securely on the bus to accommodate potential bus movements.
- Conduct on a Tour:
We prioritize the enjoyment of all participants and won’t tolerate behaviour that disturbs others.
Any actions violating the law or posing a danger may result in your removal from the tour, with no refund.
Disconnecting cables or security cameras on our buses is not permitted.
In case of disorderly conduct or law violations, we won’t provide a refund and may request that you arrange your own transport.
- Our Intellectual Property:
Our materials and work contain protected material owned by us, and we retain all Intellectual Property rights.
You may not modify, create derivative works, or use our materials for commercial purposes without written permission.
- Your Intellectual Property and Moral Rights:
If you provide Intellectual Property to us, you warrant that you have the necessary rights and grant us a license to use it.
If you have Moral Rights in any Intellectual Property provided, you consent to its use without attribution.
- Release:
We may take photos or videos during the tour and use them for marketing. You can request non-use of your images or videos.
Withdrawal requests should be made in writing.
- Confidential Information:
Both parties agree to protect and not disclose each other’s confidential information except as necessary to provide or receive services.
- Use of Security Cameras:
Cameras on our buses record for safety and passenger behaviour.
You consent to being recorded and allow viewing by management and authorities for investigations.
Recorded material will be disposed of or retained in accordance with regulations.
- Feedback and Dispute Resolution:
We value your feedback and aim to resolve concerns promptly and effectively.
Disputes between parties should be resolved through a structured procedure, including mediation if necessary.
- Termination:
Termination of the agreement can occur through mutual consent, due to a material breach, or other valid reasons.
Deposits and fees paid are not refundable upon termination.
- Consumer Law, Limitation of Liability, and Disclaimers:
We abide by Australian Consumer Law.
Our liability is limited to refunding the amount you paid for the services or re-supplying the services.
We are not liable for delays, or any loss caused by factors beyond our control.
- Indemnity:
You indemnify us against claims, liabilities, and expenses resulting from inaccurate information, breach of terms, or misuse of services.
- General:
These terms are subject to the laws of New South Wales and Australia.
The terms represent the entire agreement and supersede any prior agreements.
Various definitions are provided for clarity, including terms related to fees, types of tours, and legal concepts.