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Terms and conditions

Tastes Of The Hunter Wine Tours – Booking Terms and Conditions

ONLINE TERMS AND CONDITIONS

  1. ACCEPTANCE
    • These Terms and Conditions (Terms) are between [Tastes of the Hunter Wine Tours] (ABN 78 670 763 843), 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 tastesofthehunterwinetours.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.
  2. 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. While we attempt to accommodate requests for particular vehicles wherever possible, our buses are allocated based on operational need and we cannot guarantee that a particular vehicle will be used for your group.
    • 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), changing the pickup/drop-off location, etc. 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 perform the pickup/drop off at the location requested however we reserve the right to change the pickup/drop-off location to an alternative location (as close to the originally requested location as possible) if the location is difficult or dangerous for a bus to access (due to the terrain, recent weather events etc.).
    • 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.
  3. Guests Under 18 years of age:
    • Guests under 18 years of age are only permitted on our private tours and with the prior consent of the operator before the tour date. You must inform us prior to the tour (at least 48 hours notice) if you have guests under 18 years of age so we can ensure that child seats that comply with the law (where applicable) are aboard the bus for your tour.  The operator reserves the right to refuse service to passengers under 18 years of age where the operator has not been informed that they will be aboard prior to the tour date so we can ensure we transport passengers under 18 safely and within the law.
    • By booking your tour with us you agree that your child/children will use the child seat or booster seat provided at all times as required by the law. If you are not sure how to use the child seat/booster seat or it requires adjusting, you agree that you will request help from one of our drivers.
    • By booking your tour with us you agree that you will be responsible for your child’s behaviour at all times and assume liability (including any costs) associated with any damage to our vehicles caused by your children.
  4. VEHICLE BREAKDOWN
    • When we organise transport to and from pickup locations and venues (Pickup Services), we will do our best to pick you up on time and to schedule.
    • All pickup, drop-off and venue times given in itineraries are approximate times and whilst we do our best to adhere to times given in itineraries, these times are only a guide and any tour can run late or any pickup can be delayed by unforeseen circumstances beyond our control such as traffic, vehicle breakdowns, road and weather conditions.
    • If a vehicle breaks down (Vehicle Breakdown), we will do our best to organise alternative transport arrangements so that the Tour can continue.
    • This may include:
      • arranging an alternative vehicle to be sent to the location of the Vehicle Breakdown; or
      • repairing the vehicle (if possible) at the site of the Vehicle Breakdown using a mobile heavy vehicle mechanic service
    • If it is not possible to arrange an alternative vehicle or to repair the vehicle and the Tour cannot continue, we will do our best to organise transportation for your group back to your accommodation/pickup location
  5. TRANSFER
    • If you cannot attend your Tour for a reason beyond your control, you may transfer your booking to another person (Alternative).
    • You must give us at least 7 days’ notice in writing, prior to the Tour Date, if you wish to transfer the Tour to an Alternative.
    • The Alternative must accept these terms in accordance with clause 1.2.
    • You or the Alternative must make payment in accordance with these Terms.
  6. 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 in writing. The price and Services may only be varied at our discretion and by written agreement between us.
    • Day Tours: For Day Tours, we require payment of our Fees up front and in full for Day Tours.
    • Hunter Valley Wine and Beer Adventure Tours: Wine tasting (cellar door) and spirits tasting (distillery) fees are included in this tour for all bookings from 25th December, 2021 onwards (the date you booked with us, not the date of your tour). If you booked with us prior to 25th Dec, 2021 then wine and spirits tasting fees are NOT included and your driver will collect the tasting fees ($15pp) from your group on the day or you can choose to bank transfer them to us prior to the day.
    • Private Tours: For Private Tours, you agree to pay our Invoices at least 30 days prior to the Tour Date.
    • Bookings must be secured with a deposit of 20% paid at the time of booking. Full payment is required for bookings made within 30 days of departure. Balance of all payments is required at least 30 days prior to your tour departure date. If you do not pay within this period Tastes Of The Hunter Wine Tours, may deem your booking cancelled and your deposit forfeited (The Deposit is non-refundable unless Tastes Of The Hunter Wine Tours cancels your tour).
    • We reserve the right to report bad debts to independent credit data agencies.
    • 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.

7. CANCELLATION

Wine Tours: 

  • If less than 10 people are booked on a Tour, we may need to cancel your Tour. We will use all reasonable endeavours to organise an alternative Tour suitable to you. If we cannot organise an alternative Tour, we will provide you with a full refund.
  • For Wine Tours where four or less people are participating and you cancel;
    • we will give you a full refund if you give us at least 7 days’ notice prior to the Tour Date;
    • we will not give you a refund if you give us less than 7 days’ notice prior to the Tour Date.
  • For Wine Tours where five or more people are participating and you cancel:
    • we will give you a full refund if you give us at least 30 days’ prior to the Tour Date;
    • we will give you a 50% refund if you give us between 14 and 30 days’ notice prior to the Tour Date; and
    • we will not give you a refund if you give us less than 14 days’ notice prior to the Tour Date.
  • For Private Wine Tours, if you cancel:
    • we will give you a refund of funds paid in excess of the deposit if you give us at least 30 days’ notice prior to the Tour Date;
    • we will give you a 50% refund of funds paid in excess of the deposit if you cancel between 14 and 30 days prior to the Tour Date; and
    • we will not give you a refund if you give us less than 14 days’ notice prior to the Tour Date.
  • The Booking Fee ($25) (and in the case of Private Wine Tours the 20% deposit) will be deducted from any refund we provide for cancellation.

Clarification for Covid Specific Cancellations:

At Tastes of the Hunter Wine Tours our service is 2 fold. We both provide a tour organisation service, making all the arrangements to enable tours to go ahead and a tour conduction service (ie. we conduct tours on the day of the tour).

There are inevitably components of our service in relation to the tour organisation side that are delivered long before the actual date of any tour whether a tour proceeds or not regardless of the reason that it may not proceed (eg. booking/cancelling/adjusting numbers at venues, organising/making offers of work to drivers according to the Public Passenger Vehicle Transportation award, hiring buses from our partners according to their terms and conditions etc.)

In order to ensure that it is possible to organise tours and obtain the venues, drivers and buses we need to deliver the service (which can’t be done at the last moment) we need to make advance commitments to both people and other third parties.

By booking with us you give us permission to make these commitments and understand the time frames below which outline when funds can be returned in the lifecycle of the tour booking process.

We advise guests to look into obtaining travel/event insurance to mitigate any losses due to unexpected events including covid related events.

Hunter Valley Wine and Beer Adventure Tours/Set Itinerary Shared Bus Day Tours (covid specific cancellations):

If Tastes of the Hunter Wine Tours is unable to trade due to government restrictions on the business side or a business side lockdown or you or the majority of your group are locked down or unable to attend your tour due to covid restrictions/self-isolation orders, interstate travel restrictions due to covid etc. (customer side cancellation) then:

Where four or less people are participating and your tour needs to be cancelled;

  • we will give you a full refund if there are at least 7 days’ prior to the Tour Date at the time you make the cancellation request or if Tastes of the Hunter is locked down we may opt to reschedule your tour (with 6 months expiry from the original tour date);
  • we will not give you a refund if there are less than 7 days’ prior to the Tour Date at the time you make the cancellation request. If Tastes of the Hunter is locked down we will reschedule your tour (with 6 months expiry from the original tour date)

This reflects the fact that at this time in the tour organisation process, all the venues have been organised (with obligations to update them in regards to numbers/cancellations whether the tour proceeds or not), a driver has been engaged for work (with obligations under the Public Passenger Vehicle Transportation award) and a bus has been hired for the tour (under third party terms and conditions).

Where five or more people are participating and your tour needs to be cancelled:

  • we will give you a full refund if there are at least 30 days’ prior to the Tour Date at the time you make the cancellation request or if Tastes of the Hunter is locked down we may opt to reschedule your tour (with 6 months expiry from the original tour date);
  • we will give you a 50% refund if there are between 7 and 30 days’ before the Tour Date at the time you make the cancellation request or if Tastes of the Hunter is locked down we may opt to reschedule your tour (with 6 months expiry from the original tour date); and
  • we will not give you a refund if there is less than 7 days’ prior to the Tour Date at the time you make the cancellation request. If Tastes of the Hunter is locked down we will reschedule your tour (with 6 months expiry from the original tour date)

This reflects the fact that at this time in the tour organisation process (less than 7 days to go), all the venues have been organised (with obligations to update them in regards to numbers/cancellations whether the tour proceeds or not), a driver has been engaged for work (with obligations under the Public Passenger Vehicle Transportation award) and a bus has been hired for the tour (under third party terms and conditions).

Private Tours (covid specific cancellations):

Private tours involve the booking of an entire bus exclusively for the one group and the organisation of a custom itinerary (after consulting with your group as to the options/venues available etc.). They involve much more time than a standard day tour (alot of consulting prior to the tour) and involve us making commitments to other parties (venues, drivers, bus hire companies) further in advance than Hunter Valley Wine and Beer Adventure Tours or standard itinerary day tours. The Hunter region is an extremely busy area and venues, drivers and buses are in high demand so it is necessary to be able to deliver your tour for us to have to make these committments 3-4 weeks in advance (ie. after the remaining balance is paid) for it to be possible for your tour to occur.

By booking a private tour with us you acknowledge the following points in the timeline of organising private tours and understand that the majority of the work involved in a private tour is organisational work that occurs long before the actual date of the tour. The majority of our service in relation to the administration work/committments to third parties is already delivered prior to the tour date along the following timelines and when funds can be returned in the private tour lifecycle as below is based on this (ie. many elements of the service are already delivered prior to the tour date whether the tour proceeds or not regardless of the reason for a future cancellation).

By booking with us you acknowledge this and agree to be bound by the following terms/timeframes.

As above we recommend guests look into the possibility of obtaining travel/event insurance in order to mitigate losses due to unexpected events/government laws that may be beyond their control, that may impact their ability to attend a pre-organised tour.

Deposit – when a deposit is placed for a private tour we will then reserve a bus for your group and turn away other groups (who may be from other non-covid affected regions and able to take their tour). As the deposit is essentially a reservation service, deposits are non-refundable in the event of a covid related cancellation (customer side where you are locked down or unable to attend your tour due to covid restrictions/self-isolation orders, interstate travel restrictions due to covid etc.) as we will have of course turned away other groups in order to reserve our services for your group prior to your change in circumstances. If the deposit is in reference to a tour that is more than 30 days away from the date of the cancellation request (covid related cancellations only), we can move your deposit to a future tour date (within 6 months of the original tour date).

Tour organisation fee – once there are less than 30 days until the tour date (and the remaining balance of your tour has been paid) we then begin the process of booking/updating your venues (who require us to constantly update them with your exact guest numbers which requires multiple calls/emails to every venue in your itinerary on an ongoing basis), engaging a driver for work (with legal requirements of us in accordance with the Public Passenger Vehicle Transportation award) and hiring buses (again according to the terms and conditions of the various different bus suppliers we work with).

The tour organisation fee ($200 which is included in the amount paid for the private bus charter) is non-refundable for cancellation requests received less than 30 days prior to the tour date (covid cancellation due to your group being locked down or unable to attend your tour due to covid restrictions/self-isolation orders, interstate travel restrictions due to covid etc.). This reflects the fact that this organisation work (or further organisational work will be needed to update all parties in regards to the cancellation) will be needed regardless of the reason for the cancellation. It is a part of our service that is already delivered at this point or that we are obliged to deliver in relation to the cancellation whether the tour proceeds or not.

If Tastes of the Hunter Wine Tours is locked down and there are more than 14 days until the tour date, we will reschedule your tour (with 6 months expiry from the original tour date) without re-billing the tour organisation fee.

Less than 30 days until the tour date but more than 14 days until the tour date:

  • For any covid related customer-side situations (eg. covid cancellation due to your group being locked down or unable to attend your tour due to covid restrictions/self-isolation orders, interstate travel restrictions due to covid etc.) with less than 30 days until the tour date but more than 14 days until the tour date, we can give you a refund of the remainder of the bus charter after the deposit and the tour organisation fee above has been deducted.

Or we can reschedule your tour to a future tour date (with 6 months expiry from the original tour date).

  • If Tastes of the Hunter is locked down and there are more than 14 days until the tour date, we will reschedule your tour (with 6 months expiry from the original tour date) without re-charging the tour organisation fee.

Less than 14 days until the tour date but more than 7 days until the tour date:

  • For any covid related customer-side situations (eg. covid cancellation due to your group being locked down or unable to attend your tour due to covid restrictions/self-isolation orders, interstate travel restrictions due to covid etc.) with less than 14 days until the tour date but more than 7 days until the tour date, we can give you a 50% refund of the remainder of the bus charter after the deposit and the tour organisation fee above has been deducted.

This reflects the fact that at this time in the private tour process, all the venues have been organised (with obligations to update them in regards to numbers/cancellations whether the tour proceeds or not), consulting has been provided in relation to venue options/changes requested, a driver has been engaged for work and a bus has been hired for the tour (under third party terms and conditions).

  • If Tastes of the Hunter is locked down and there are more than 7 days until the tour date, we will reschedule your tour (with 6 months expiry from the original tour date) without re-charging the tour organisation fee.

Less than 7 days until the tour date:

  • For any covid related customer-side situations (eg. covid cancellation due to your group being locked down or unable to attend your tour due to covid restrictions/self-isolation orders, interstate travel restrictions due to covid etc.) with less than 7 days until the tour date then unfortunately we cannot offer a refund/reschedule at that late stage.

This reflects the fact that at this time in the private tour process, all the venues have been organised (with obligations to update them in regards to numbers/cancellations whether the tour proceeds or not), consulting has been provided in relation to venue options/changes requested, a driver has been engaged for work and a bus has been hired for the tour (under third party terms and conditions).

  • If Tastes of the Hunter is locked down (business side lockdown) and there are less than 7 days until the tour date, we will reschedule your tour (with 6 months expiry from the tour date) without re-charging the tour organisation fee.

Both guests and the venues/partners we work with agree that we provide an excellent tour organisation and tour conduction service and the above terms enable us to be able to continue to offer this in a viable way moving forward into the future. ie. the above terms enable us to cover the costs of the aspects of our service that are organised for guests in advance and our people appreciate you valuing the time and skills they bring to the table to provide this service long before our buses depart on the day of your tour.

Private Lovedale Long Lunch Transfers and Concert Transfers (purchased from June 2020 onwards):

As transfers/tours for such events are in high demand and require buses to be reserved for groups and arrangements to be made well in advance in order to cater for this, the following special conditions apply:

  • For Private Lovedale Long Lunch Tours or Concert Transfers, if you cancel:
    • we will give you a refund if you give us at least 30 days’ notice prior to the Tour Date;
    • we will not give you a refund if you give us less than 30 days’ notice prior to the Tour Date.
  • In order to mitigate the risks of an event or concert being cancelled, Tastes of the Hunter Wine Tours recommends guests seek travel/event insurance to cover themselves against loss due to the above terms and conditions. In the case of the Lovedale Long Lunch, we reserve the right to run a wine tour for your group in place of a festival tour in the event of the festival being cancelled or restrictions preventing the event proceeding.

Terms Applying to all tours as above:

  • The Booking Fee ($25) (and in the case of Private Wine Tours the 20% deposit) will be deducted from any refund we provide for cancellation.
  • Cancellations as a result of terrorist activities, disasters, government laws or states of emergency beyond the reasonable control of the business are non-refundable
  • All requests to cancel must be made in writing to us, including via email.
  • A decrease in the number of passengers may result in the cancellation fees above being applied only to the reduced number of passengers, in our discretion.
  1. YOUR OBLIGATIONS AND WARRANTIES
    • You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior 12 month period.
    • You warrant that throughout the term of these Terms that:
      • there are no legal restrictions preventing you from agreeing to these Terms;
      • you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
      • the information you provide to us is true, correct and complete;
      • you will not infringe any third party rights in working with us and receiving the Services;
      • you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
      • you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
      • you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
      • you consent to us providing your name and contact details to any government or health authorities upon request if Tastes of the Hunter Wine Tours is legally required to provide this information (eg. for the purposes of contact tracing)
      • if applicable, you hold a valid ABN which has been advised to us; and
      • if applicable, you are registered for GST purposes.

Medical Conditions on Tours:

  • You agree that you will inform us or our drivers of any reasonable medical requirements that can be met/administered by someone without medical training that you may have whilst on tour (eg. use of an EpiPen for allergies or an asthma puffer) and inform us of where these items will be located and how to use them if needed (eg. in your bag). However bear in mind that our drivers/guides are not medical professionals and may not be with the group at all times. They will seek professional medical assistance (eg. Ambulance, Paramedics, Doctors etc.) if they reasonably believe that you may require such assistance. By booking with us you agree to assume the costs associated with any such medical assistance called for on your behalf by our drivers/guides or another passenger or by staff at an event/venue. We recommend you obtain travel insurance to offer financial assistance for such events.
  • You agree to inform us or our drivers prior to boarding the tour if you have any infectious symptoms or diagnoses (eg. coronavirus) that may place either ourselves, our employees, our partner venues (eg. cellar doors, restaurants, tour venues) or other passengers at risk. If you have such symptoms or diagnoses we reserve the right to refuse your attendance on tour (at your own expense according to our cancellation policies). Tastes of the Hunter Wine Tours recommends guests acquire travel insurance to compensate them for any losses that may be incurred due to last minute non-attendance due to medical conditions/symptoms.
  • An important notice regarding vaccination for tours in October and November 2021: As per the announcements made by the NSW Premier on Mon 27th Sept, 2021 any visitors to hospitality venues in October 2021, November 2021 and up until 15th December 2021 (eg. cellar doors, pubs, restaurants and brewhouses etc.) will need to have received 2 doses of a Service NSW approved Covid19 vaccination (or be able to produce a vaccination exemption certificate from a doctor appropriately qualified to issue this) and be able to show this via the Service NSW app or use the Medicare app, Apple/Android vaccination passport or via a paper vaccination certificate or immunisation certificate on the tour day. This is a government requirement that is out of our control and by booking with us on any type of tour or transport service being delivered between those dates, you acknowledge this requirement and agree to comply.
  • After 15th December, 2021 admission to hospitality venues (eg. cellar doors, pubs, restaurants and brewhouses etc.) for patrons who are unable to show that they have received 2 doses of a NSW Government approved Covid19 vaccination by an approved method of proof (as above), will be at the discretion of the venue. Tastes of the Hunter Wine Tours is unable to control the decisions made by venues in regards to admission and is unable to provide refunds for either the tour or any pre-paid tasting fees, activities, meals etc. if admission is denied by the venue due to vaccination status.
  • If you wish us to check with venues whether they will accept unvaccinated guests, we can do so upon request however your group will need to inform us that unvaccinated guests will be amongst your party in order for us to do so. As with all communications with venues, we offer this service as a courtesy but we cannot guarantee that staff at venues will inform us correctly or that any policy changes at venues will be accurately communicated to us (Hunter venues can change their policies frequently and do not always pass this information on to local tour companies).

  • You also acknowledge that our drivers/guides are not medical professionals and agree to release any liability associated with offering reasonable emergency assistance prior to medical professionals arriving.
  • Our policy is to seek professional medical assistance if there are any doubts about your medical safety or fitness to continue on the tour. You agree for us to do so whether you verbally give permission for us to seek medical assistance on your behalf or not. A driver/guide may feel that this is necessary for you based on the situation.
  1. PERSONAL BELONGINGS
    • It is your responsibility to take care of your personal belongings at all times including any wine or goods purchased whilst on tours.
    • We are not responsible or liable for any personal belongings including any purchases made during tours.
    • Where possible we will endeavour to return any lost property upon request – you agree to cover the cost of postage/freight in advance
    •  We recommend that all purchases be placed under the seats or in a secure location at the front of the bus (please ask our drivers for assistance if needed) as our buses may need to be moved without passengers onboard due to parking requirements or operational need.
  2. 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 against the law or we have reason to believe so, interferes with the driver’s ability to  drive safely and within the law, is dangerous, disorderly, obscene, obnoxious, distressing, rude or which otherwise disturbs other Tour participants, we may ask you to leave the Tour.
    • Tour participants are not to disconnect any cables or security cameras located with our buses. Doing so is a violation of our terms and conditions and you may be asked to leave the tour as a result.
    • If we ask you to leave the Tour because you have behaved in a disorderly, obnoxious, distressing or rude manner or manner that breaks the law, 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.
  3. OUR INTELLECTUAL PROPERTY
    • The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
    • You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
    • Your use of our Materials does not grant you a licence, or act as a right to use, any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
    • You must not breach our Intellectual Property rights by, including but not limited to:
      • altering or modifying any of the Materials;
      • creating derivative works from the Materials; or
      • using our Materials for commercial purposes such as onsale to third parties.
  4. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS
    • If you provide information including any Intellectual Property to us, then you:
      • warrant that you have all necessary rights to provide the Intellectual Property to us;
      • grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and
      • consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
    • If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
      • irrevocably consent to any amendment of the Intellectual Property in any manner by us;
      • irrevocably consent to us using or applying the Intellectual Property without any attribution of authorship;
      • agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
      • agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
  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 breach 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.
  3. USE OF SECURITY CAMERAS 
  • In the interests of passenger safety, lawful driver conduct and improved passenger behaviour, some of our buses use dashcams that record images forward of the front windscreen and within the inside of the bus. They also record audio.
  • The video/audio footage is recorded onto a 128GB memory card contained within the camera device that is recorded over once the memory card is full (within 30 days). Some camera devices also store the video/audio via secure cloud storage that is password protected.
  • Any camera footage that has not been overwritten within 30 days will be disposed of within 30 days of its recording as per Schedule 1 of the Passenger Transport (General) Regulation 2017. Camera footage will be retained for a minimum of 7 days. This will enable Police, RMS, OTSI or other regulators to access the footage if a criminal or other complaint is subsequently made.
  • Any recorded material obtained from the cameras can only be used for an “Authorised Purpose”. This means any purpose in connection with: (a) The prosecution or the issue of a penalty notice in respect of an offence committed in or about a bus; (b) the investigation of a reportable incident; (c) the investigation of a complaint against the bus driver or a passenger. Drivers may also be invited to view the footage by senior management.
  • Access to recorded material shall be restricted to Senior Management and those other staff members authorised by Senior Management.
  • Any information recorded on day-to-day activities in the bus will be treated appropriately by Tastes Of The Hunter Wine Tours and will only be monitored where necessary in relation to one of the purposes listed above.
  • By booking with us you acknowledge that you may appear on these cameras whilst travelling and moving within the bus or moving outside of the bus and you give permission for your image/video/audio to be used for the above purposes and to be viewed by Tastes Of The Hunter Wine Tours senior management, employees (where relevant) and any relevant law enforcement authorities (such as the Police) in the event of an investigation.
  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.
  2. TERMINATION
    • The Parties may terminate these Terms by mutual agreement, upon 10 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 are not refundable to you, and you are to pay all Invoices for Services rendered to you.
    • If you terminate these Terms early, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.
    • 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.
  3. 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.
  4. 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 to cover the costs of any medical treatment by medical professionals (eg. Ambulance, Paramedics, Doctors) that we may call on your behalf in an emergency.
    • This clause will survive termination of these Terms.
    • Medical Conditions: While every attempt is made to ensure the highest standards of cleanliness aboard our buses (eg. mopping floors with disinfectant and ensuring handrails are wiped with disinfectant after each tour) you agree to travel and participate on our tours at your own risk and agree that you are liable and agree to indemnify Tastes of the Hunter Wine Tours for any medical conditions contracted or exposed to whilst on tour. Some of our tours are conducted with passengers from other groups that you may not know (eg. our Hunter Valley Wine and Beer Adventure Tour) and by booking and participating in the tour you acknowledge the aforementioned. We recommend the use of the Covid Safe app during our tours to enable efficient contact tracing of guests.
  5. 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.
  6. 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”.
    • Day Tour means a tour with a set itinerary.
    • Deposit means the deposit required for Private Tours, as set out on our Site or otherwise communicated to you.
    • Event Tour means tours organised to and for concerts, festivals and other events located in the Hunter Valley, New South Wales.
    • 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:

Suzanne Sheldon trading as Tastes of the Hunter Wine Tours ABN 78 670 763 843

Level 8 / 99 Elizabeth St, Sydney NSW 2000

41 Naranghi Circuit, Maryland NSW 2287

Phone: +61403 001154

Mobile: 0403 001154

Email: tastesofthehunterwinetours@gmail.com

Web: www.tastesofthehunterwinetours.com.au

Last update: 23rd December, 2022

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Tastes Of The Hunter Wine Tours | Level 8 / 99 Elizabeth St, Sydney, NSW 2000 | Newcastle: 41 Naranghi Circuit, Maryland, NSW 2287 | Phone: 0403 001154