Terms and Conditions

Terms and Conditions

Please note we may change these Terms and Conditions without notice by publishing changes to it on our website. The amended Terms and Conditions will be effective from the date they are posted on this website. Please check our website from time to time to ensure that you are aware of the current Terms and Conditions.

In these Terms and Conditions, ‘us’, ‘we’ and ‘our’ means Winery Day Tours Pty Ltd (ACN 671 396 240) and its directors.

Terms and Conditions for tour participants

These conditions apply to all tour participants. It is the responsibility of the event organiser who has made the booking with Winery Day Tours to share these Terms and Conditions with all tour participants and ensure all tour participants have read, understood and agree to comply with these Terms and Conditions.

During a tour, certain events may occur, including accident, illness, injury or forces of nature. To the extent permitted by applicable law, you agree to assume all risks associated with a tour. You are responsible for any expenses incurred due to injury, illness or otherwise, including any medical or evacuation expenses.

To the extent permitted by applicable law, we disclaim any liability resulting from services and products provided to you by us.

To the extent permitted by law, we disclaim any liability resulting from services and products provided by third parties, such as the transport provider, restaurant or wineries you visit on your tour. We accept no responsibility or liability for any injury, damage, loss, delay or irregularity that may occur due to the conduct of these third parties. Liability shall rest with the third party provider. That said, if you have an issue on the day we will try our best to resolve it.

Our tours require a degree of flexibility and we may amend your itinerary for any reason. If we amend an itinerary, we may charge you additional expenses if the reason is outside our control. We do not control which wines are offered for tastings on any particular day. Our tours may involve compromise to accommodate the diverse desires and physical abilities of tour participants.

To the extent permitted by applicable law, we disclaim any liability resulting from the actions of any tour participant.

If your tour has a tour host, you agree to accept the authority of the tour host at all times. Also, you agree to accept the authority of the driver at all times and comply with the driver’s instructions, requests and directions.

You agree to comply with the policies of third parties (such as transport providers, restaurants or wineries) that provide services and products on your tour, including regarding alcohol consumption. Under Victorian law, people are not permitted to drink alcohol on the vehicle unless they have selected a licensed party bus. If you have not upgraded your transport to a licensed party bus, you may not drink alcohol on the bus.

You agree to pay a returnable bond to cover issues such as cleaning fees, overtime charges, damage caused to the vehicle etc.

We do not tolerate intoxicated or disruptive behaviour on our tours.

We reserve the right to refuse a person entry onto a tour for any reason, at any time.

Cancellations

• You may cancel your tour at any time by writing to us
• If you cancel your tour more than 14 days prior to your tour, we will refund your deposit less any non-refundable fees we have paid to third party suppliers to secure your booking. Please note that to secure your booking we pay several non-refundable fees to third party suppliers.
• If you cancel your tour within 14 days of your tour, you are not entitled to a refund.
• If prior to your tour you change the number of tour participants, the cost of the tour will increase to cover the changed numbers.
• Any non-attendance on the day of your tour is non-refundable.
• No refunds will be made for any transport, meals, products or services not utilised.
• We reserve the right to cancel any tour at any time prior to departure. In such case, at our discretion we may postpone the tour, provide you with an alternative itinerary or refund the tour. We reserve the right to cancel a tour if too few people have booked for that departure.
• If you would like to change the date of your tour after paying your deposit, we charge a date change fee of $350.

Insurance

You are encouraged to have travel insurance for any tour taken with us. This is strongly encouraged for overseas tour participants who may not have access to the Australian health care system. The tour participant’s travel insurance should provide cover against personal accident, medical expenses, emergency repatriation and personal liability.

Age policy

Due to the nature of the tours, any participants under 18 years of age at the date of tour must be accompanied by a guardian or parent. It is illegal for participants under the age of 18 to consume alcohol on a tour.

Indemnity

You agree to indemnify us for any loss suffered, or any costs that may be incurred arising from your breach of these Terms and Conditions.

Jurisdiction and governing law

These Terms and Conditions are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Website Terms and Conditions

By accessing and/or using this website, you agree to these Terms and Conditions and our Privacy Policy. You should review our Terms and Conditions carefully and immediately cease using our website if you do not agree to them.

Accuracy of information and liability

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. Please write to us if you spot an error.

To the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Links to third party websites

Our website may contain links to websites operated by third parties. We are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in them.

Jurisdiction and governing law

Your use of the website is governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.