Terms & Conditions

Welcome to our website. By continuing to browse and use this website, you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern the relationship between www.affordablewinetours.com.au and you in relation to your use of this website.

General Terms & Conditions

In these Terms and Conditions (Terms):

We, Us, Our and The Service Provider mean Affordable Wine Tours ABN 76 670 898 094 and all associated companies, staff, and chauffeurs.

Client, Customer, You and Your mean the individual/s, company or other entity making a reservation, and/or any representative or guest thereof.

Precondition

  • 1 It is a condition of using Affordable Wine Tours ABN 76 670 898 094 (hereafter referred to as The Service Provider) for ground transport service (s) that you (Client) have reviewed and agree to these Terms and Conditions. These Terms and Conditions are posted on the The Service Provider’s website, www.affordablewinetours.com.au (Site) and are subject to change from time to time at The Service Provider’s discretion. It is the responsibility of clients and guest users of The Service Provider’s services to familiarise themselves with these Terms and Conditions prior to each booking as they constitute a binding agreement between the customer and The Service Provider in relation to the provision of all Services, and may change from time to time.

Registration

  • 2 In order to use our Services, you must first register as a Client either by phone or online. By registering, you confirm that you accept these Terms on your own behalf and on behalf of any other Passengers who use the Services with you. Upon registration, these Terms will become a binding legal agreement between you and the Service Provider.
  • 3 To complete the registration process, you will need to provide your contact information and other personal details that are necessary for the Service Provider to provide the Services to you effectively.
  • 4 To register for the Services, you will need to provide credit or debit card information, unless the Service Provider agrees to another eligible payment method. This payment information may also be required when paying a deposit or fee in accordance with clauses 8-9 of these Terms.
  • 5To register, you must meet the following eligibility criteria:
  • a. Be 18 years of age or older; or if under 16, be registered and accompanied by a responsible adult.
  • b. Have a valid payment method.
  • c. Agree to comply with these Terms and any requests from the Service Provider to provide accurate and valid information relevant to your use of the Services.

Quotation(s) & Invoice(s)

  • 6 The prices quoted are valid for up to one (1) month from the date of the quotation and are subject to vehicle availability. All prices quoted are in Australian dollars and are inclusive of 10% GST. As with any pricing, fees, or charges, it is the responsibility of the payer to request a quote before accepting it.
  • 7Upon your registration, the Service Provider will provide y o u with an invoice outlining the fees payable by you for the Services.

Deposit & Fees

  • 8In order to confirm the date on which you wish to receive the Services, it is necessary to make a deposit of $100 (or the amount specified at the time of booking or as indicated in the invoice) to the Service Provider. Please note that the payment of this deposit will only guarantee the provision of the Services on the agreed-upon date.
  • 9To finalize a booking for the Services, the full fee as indicated on the invoice provided by the Service Provider must be paid. The total fee may encompass additional charges such as airport car parking surcharges, booking fees, processing fees for split payments, any relevant Government point-to-point levy, or the costs of pre-purchased alcohol, tastings, and lunch. It should be noted that the Service Provider will only apply these fees if they are included on the invoice provided to the client upon completion of the booking.

Capacity

  • 10 The capacity of a booking may be limited depending on the number of other bookings scheduled for that specific time or day
  • 11 By booking, you guarantee that you acknowledge and will adhere to any relevant capacity restrictions on the particular date for which you are booking.

Pre-authorization

  • 12Where you provide the Service Provider with credit or debit card details upon your registration or payment of adeposit or fee, you expressly authorize the Service Provider to put a pre-authorization on your card in the amount specified on the invoice.
  • 13This preauthorization may last for up to 7 days and will allow the Service Provider to recover additional costs post-Service if such costs are incurred under clauses 15 – 20 of these Terms in particular.

Damage Fee

  • 14 The Service Provider reserves the right to charge a fee to recover costs for repair, replacement, cleaning, refurbishment, or other expenses incurred during your use of the Services that exceed normal wear and tear damages. This may include, but is not limited to, costs incurred due to spillage, including food or beverages provided by the Service Provider, or physical damage to the interior or exterior of the Vehicle
  • 15 The minimum cost of cleaning is $195, but this amount could increase depending on the extent of damage. The Client is responsible for reimbursing this cost. A 5% additional charge for credit card transactions and administration fees will be applied to all charges paid by credit card, cash, or bank transfer, where the Client does not hold an account with The Service Provider.
  • 16 To obtain any applicable Damage Fee, the Service Provider will accept additional payment from the pre-authorized amount. If any amount remains on hold after payment of the full Services Fee and Damage Fee, it will be returned to you. If the hold amount is insufficient to cover the Services Fee and Damage Fee, the Service Provider will issue another invoice to recover the balance. The Service Provider may take any necessary actions, in their sole discretion, if you fail to pay such an invoice, including, but not limited to, instituting debt recovery proceedings,

Waiting Fee

  • 17The Service Provider reserves the right to charge a waiting fee at their absolute discretion. Waiting charges will apply after the scheduled booking time, except for airport bookings (where an airport waiting fee will apply as outlined in clause 20). The Service Provider will offer a free waiting period of up to 15 minutes. For any waiting time exceeding 15 minutes, a charge of $1 per minute will be payable. The Service Provider may choose to waive this charge at their discretion. However, The Service Provider will not be responsible for delays or termination of the hire due unforeseen circumstances including without limitation such as illness, traffic, vehicle breakdown, weather conditions, the floods, fire, storms, or acts of God, or any human causes such as strike, lockout or other industrial action etc.
  • 18The Service Provider will collect the applicable Waiting Fee by authorizing an additional payment from the pre-authorized amount. If any funds remain on hold after payment of the full Services Fee and Waiting Fee, the excess funds will be returned to you. However, if the pre- authorized amount is not sufficient to cover the Services Fee and Waiting Fee, the Service Provider will issue a new invoice to you to recover the outstanding balance. If you fail to pay the invoice, the Service Provider reserves the right to take any necessary action at their discretion, including debt recovery proceedings.

Airport Arrivals

  • 19The Service Provider monitors all flight arrival times to ensure that your chauffeur is at the terminal when you arrive. Regardless of any delay in your flight, the normal waiting period will start from the actual flight arrival time, not the scheduled arrival time.
  • 20The Service Provider offers a complimentary waiting period of 30 minutes for domestic flights and 60 minutes for international flights after the plane's arrival time. After the free waiting period, a flat fee of $40 will be charged for each 60 minutes or fraction thereof.
  • 21Please note that once your international flight has landed, your driver will enter the airport half an hour (30 minutes) after the plane has landed for economy class passengers, and 15 (fifteen) minutes after the plane has landed for business class passengers. The driver will wait for you at the bottom of the escalators for economy class passengers and immediately outside of the international area for business class passengers. The driver will be waiting for you with a digital name sign. Please remain inside of the international area until your driver has been located. In the event that your plane is early, you will also need to remain in this area

Airport Meet & Greet

  • 22 The Meet and Greet Airport Service is available to clients upon request at no charge. However, any parking and waiting time charges incurred will be billed to the client's account or credit card. The driver will meet the passenger at the baggage claim area with a sign displaying the client's last name and assist them with their luggage to the designated car location. This package includes a complimentary 30 minutes for domestic flights and 60 minutes for international flights from the adjusted arrival time.

Cancellations & Refund

  • 23You may be charged a cancellation fee if any one of the following occurs:
  • If a booking is cancelled by the Customer with more than 24 hours from the start of the period of hire, there will be no cancellation charge.
  • If a booking is cancelled by the Customer with more than 12 hours but less than 24 hours from the start of the period of hire, 50% of the cost of the booking will be charged.
  • If a booking is cancelled by the Customer with more than 6 hours but less than 12 hours from the start of the period of hire, 75% of the cost of the booking will be charged.
  • If a booking is cancelled by the Customer with less than 6 hours from the start of the period of hire or if the driver is already en-route, 100% of the cost of the booking will be charged.
  • If the customer does not appear at the time and place designated as the pickup point, 100% of the cost of the booking will be charged.
  • If a wedding booking is cancelled within 1 month from the start of the period of hire, any deposit paid will be nonrefundable. Further charges are as per the above conditions
  • We request a non-refundable or transferable deposit as this secures the vehicle(s) for your chosen date and/or time. Due to this we are unable to take other bookings for that vehicle and as a result may have turned other work away.

Mini Bus & Coaches

  • 24You may be charged a cancellation fee if any one of the following occurs:
  • If a booking is cancelled by the Customer with more than 72 hours from the start of the period of hire, there will be no cancellation charge.
  • If a booking is cancelled by the Customer with more than 48 hours but less than 72 hours from the start of the period of hire, 25% of the cost of the booking will be charged.
  • If a booking is cancelled by the Customer with more than 36 hours but less than 48 hours from the start of the period of hire, 50% of the cost of the booking will be charged.
  • If a booking is cancelled by the Customer with more than 24 hours but less than 36 hours from the start of the period of hire, 75% of the cost of the booking will be charged.
  • If a booking is cancelled by the Customer with less than 24 hours from the start of the period of hire or if the driver is already en-route, 100% of the cost of the booking will be charged
  • If the customer does not appear at the time and place designated as the pickup point, 100% of the cost of the booking will be charged.
  • If a wedding booking is cancelled within 1 month from the start of the period of hire, any deposit paid will be nonrefundable. Further charges are as per the above conditions.
  • We request a non-refundable or transferable deposit as this secures the vehicle(s) for your chosen date and/or time. Due to this we are unable to take other bookings for that vehicle and as a result may have turned other work away.

No Shows

  • 25Our chauffeurs will contact you using the mobile number provided in your Booking/Travel details. They will notify you of their arrival either by call or SMS. The driver will wait for 15 minutes after the scheduled pick-up time. If the customer fails to arrive or make contact within that time, it will be considered a "No Show", and the driver will depart. The customer will be charged the full booking amount.
  • 26In an event the chauffeur is unable make contact with the customer on the number provided if full address has been provided as the pickup address in the booking (s), then the driver may attempt to make contact at the address. However, if the pickup address provided is a landmark address in that case the chauffeur will not be able to make contact at the address and hence will wait in the car and attempt contact only on the contact number provided in the order/booking. If the Client doesn’t show up for a Booking it is considered to be a ‘No Show’. All No Shows incur a 100% cancellation fee.

mmediate Booking Request

  • 27The availability of a vehicle for immediate booking cannot be guaranteed by the Service Provider. Therefore, the customer is required to provide all trip details, including the starting point, intermediate stops, final destination, passenger names and surnames, number of passengers, and luggage (if applicable) that will be transported. Upon receipt of the order, the company will search for available vehicles in the requested area. If a vehicle is available, the company will provide the customer with an estimated waiting time for the vehicle to arrive at the departure point, as well as the cost of the order.
  • If an immediate booking is confirmed and then cancelled, a cancellation fee of 100% of the total price will apply.

Resolving Your Refund Request

  • 28You can submit a request for a refund. If we determined that you are eligible for a refund, you can expect the refund to be processed and returned to your original payment method within 5-10 business days. The exact timeline for the refund to be reflected in your account may vary depending on the policies and procedures of your bank.

Amendments to Bookings

  • 29Once confirmed, your reservation price will not change unless you change the details of your booking or extend your time/s. Should you need to modify transport times, routes or dates, please advise us in writing. Every effort will be made to accommodate your request but we cannot guarantee to be able to do so.
  • You have the right to cancel your reservation subject to our cancellation policy
  • Chauffeurs DO NOT have the authority to alter the booked times, pick up or destination addresses or routes without the prior consent of our manager.

Allocation of Cars

  • 30We will do our best to allocate the vehicle type requested for the transfer. However, for any unpredictable reason, if the vehicle is unavailable for the requested time of pick up, we will provide a suitable vehicle to perform the transfer. The transfer cost will be amended accordingly but no higher than the quoted price.

Rates

  • 31Please get in touch with us to obtain our rates as they vary based on the type of vehicle and any additional hiring requirements. The rates provided include GST and exclude charges for tolls, parking, airport levies, and credit card fees. These extra fees will be charged directly to the credit card provided prior to the trip or for our account holders, processed in the current monthly invoice. All quotations remain valid for 30 days from the date they are issued and may change after the expiry of this period. We reserve the right to apply surcharge rates for Public Holidays, Special Events, and after-hours services (11.00 pm to 6.00 am) at our discretion.

Subcontractor(s)

  • 32During peak times or on other occasions, we may use the services of other limousine companies. Although other companies will remain under our supervision, they will be governed by their own operational guidelines and operate at all times under their own insurance policies.

Seating Capacity

  • 33 Vehicles must not be loaded beyond their seating capacity. Luggage, prams, and other accessories must only be placed in the boot of the vehicle. If any of these items do not fit in the boot of a sedan, they cannot be carried inside the vehicle at any time. In such a situation, it is the client's responsibility to make alternative arrangements for transporting their luggage.

Child Seat

  • 34If you are registering a child passenger who requires a child seat or registering on behalf of a passenger who will be accompanied by a child needing a child seat, then you must either:
  • a.You (or the Passenger you are registering for) are responsible for providing and securely fitting the required child seat into the Service Provider's vehicle. You must ensure that the child seat meets Australian Safety Standards, and you guarantee that it complies with these standards
  • b.If you need the Service Provider to provide a child seat, you must notify them at the time of booking under clause 2. The Service Provider will then arrange for a child seat to be hired and fitted in compliance with Australian Safety Standards, and an additional fee will be charged for this service.
  • 35If the Service Provider arrives to collect you and you have not informed them in advance as required by the preceding clause about the need for a child seat, then you accept that:
  • a.The child will not be allowed to travel with the Service Provider, and you will need to make other arrangements at your own expense. and
  • b.All applicable Service fees will be forfeited to the Service Provider.

Restraints

  • 36Seat belts are required by law to be worn by every passenger of any vehicle you and/or your group(s) are transported in. If we are pulled over for inspection during your tour, both the individuals and driver will be fined, and the total of these costs will be charged against your card. Should we be transporting service dogs or guide dogs they need to be seated in the front passenger front floor.

Refusal or Termination of Services

  • 37The Service Provider may refuse to accept a registrationfor Services, and may cancel any such registration, if service provider reasonably suspects that:
  • a.)you have, or are likely to, breach these Terms;
  • b.) you do not, or are not likely to, qualify under applicable law or these Terms to access or usethe Services.
  • 38The Service Provider may refuse or cancel a Client’s registration for Services on 30 days written notice to you where the Service Provider, acting reasonably, terminatesthese Terms for any legitimate business, legal or regulatory reason.
  • 39The Service Provider reserves the right to refuse any registration for the Services in its sole discretion.
  • 40If the Service Provider determines to refuse or cancel aregistration, you will be notified as soon as practicably possible after such refusal or cancellation occurs.
  • 41You may terminate these Terms and stop using theServices at any time and for any reason.

Lost property

  • 42The Service Provider are not responsible for any lost, missing, or damaged items etc. in the vehicle(s). The Service Provider will use reasonable endeavours to return lost property left in vehicles to customers. If the driver is requested to deliver an item found after a trip, The Service Provider will contact the customer to arrange delivery to an agreed location. Applicable trip charges will apply for all such deliveries. Alternatively, if we are unable to come to an agreed time and/or date, we will leave the items at the nearest police station for the party to collect.

Health and Safety

  • 43We require any party booking transport for themselves or any member of their party who might incur any health and safety issues make the company aware of the customer’s requirements in advance of booking. Should the company consider we are unable to meet normal H&S requirements for the customer and other passengers’ safety we will regretfully have to decline the booking.

Harassment

  • 44If any of our drivers, co-workers, contractors, clients, or any other persons working for or on behalf of The Service Provider feel threatened or harassed in any way, they will be advised to report the incident to the South Australian Police Department. The driver may use their discretion to ask the individual(s) to leave the vehicle at any time, and if necessary, may drive to a police station for their own safety.
  • Harassment is defined as any verbal or physical conduct intended to threaten, intimidate, or coerce an individual, including both sexual and verbal harassment. Sexual harassment involves unsolicited and unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Verbal harassment includes offensive or unwelcome remarks about a person's national origin, race, colour, religion, age, sex, sexual orientation, pregnancy, appearance, disability, gender identity or expression, marital status, or other protected status, including slurs and negative stereotypes.

Discrimination

  • 45We operate a strict policy of non-discrimination for race, religion, sexual orientations, health and disability and all other areas of discrimination.

The Responsibility of the Client

  • 46You agree that when you use the Services you will:
  • a.Not act in any way that is aggressive or unsafe;
  • b.Comply with all applicable laws, regulations and rules;
  • cComply with these Terms;
  • d.If you arrange a ride on behalf of someone else provide their name, location, phone number and any other information to identify that person and allow them to use the Services (and by providing this information, you warrant that you have obtained their consent to arrange such ride and share such information with us)
  • e.Unless otherwise agreed by the Service Provider, not arrange a ride on behalf of someone who is less than 16 years old unless they are accompanied by a responsible adult;
  • f.to comply with all applicable safety procedures required by law or recommended by governmental bodies in receiving the Service and
  • g.Not to use the Services for any illegal, fraudulent or harmful purpose
  • h.The consumption of food is not permitted in any of vehicles except by specific prior written agreement.
  • i.The customer shall be solely responsible for the behaviour of the customer and all other customers of the customer’s party, and shall be solely responsible for all damage caused to the vehicle.
  • j.The customer shall be solely responsible and liable for any damage caused both inside and outside the vehicle by the customer or a customer of the customer’s party. This includes behaviour resulting in damage to the vehicle or its contents by a third party. The customer expressly agrees to indemnify The Service Provider for the full retail cost of any repair as a consequence of any such damage caused. The customer further agrees that The Service Provider may at its sole discretion determine the repairer(s) of any such damage to the vehicle.
  • k.Any electronic entertainment devices provided in the vehicles are supplied for passengers’ entertainment. Any abuse or misuse of equipment (e.g., remote controls) will result in use of such items and service being terminated immediately. This includes improper or disruptive use of microphones, abusive or inappropriate language or other conduct which may be heard outside of the vehicle. This, and any other behaviour deemed to be inappropriate at the sole discretion of the driver, may result in termination of the Service immediately. Damaged and/or lost equipment (including microphones or remote controls) are the sole responsibility of the customer and will incur a charge equal to the greater of $195 and the retail cost of the relevant item.
  • l.Irresponsible behaviour that causes damage to the vehicle or endangers the safety of the driver or other passengers will not be condoned. This includes, but is not restricted to, sitting on the exterior of the vehicle, extending any part of the body out of vehicle windows, shouting, rudeness to or arguing with the driver, misuse of equipment, fixtures or consumables in the vehicle or willful damage to the vehicle
  • m.In the event that a vehicle is involved in an accident or experiences mechanical failure, or is otherwise no longer in a state to provide safe Service, then The Service Provider shall immediately use all reasonable endeavours to make alternative arrangements on the affected customer’s behalf. The Service Provider may at its sole discretion determine the method of onward travel. The hirer specifically accepts that the provision of Service to customer is in all circumstances provided on ‘a best endeavours’ basis, and The Service Provider will accordingly do anything in its power to assist as appropriate. However, customer acknowledges that there can be no specific guarantees in connection with the provision of Service (in terms of time, reliability of the vehicle provided or other events out of the reasonable control of the driver or The Service Provider).

Unforeseen Circumstances

  • 47We will make every effort to arrive at your collection and destination locations on time. However, occasionally allowances must be made for unforeseen circumstances including without limitation such as illness, traffic, vehicle breakdown, weather conditions, the floods, fire, storms, or acts of God, or any human causes such as strike, lockout or other industrial action etc.
  • We cannot assume responsibility for circumstances beyond our control. In the event of a vehicle breakdown or mishap that renders the reserved vehicle unavailable, we reserve the right to substitute one or more vehicles. We will make every effort to provide an alternate vehicle(s) and inform you before the scheduled pickup time.
  • Should we be unable to provide an alternate vehicle, a pro-rata refund may be paid. No guarantee can be made that we will supply an identical vehicle

Performance of Services

  • 48At Affordable Wine Tours, we strive to provide services of the highest standard. If you have any complaints or suggestions, please do not hesitate to contact us
  • Our chauffeurs will use their discretion to drive at reasonable speeds, taking into account the prevailing road type and conditions. Please do not ask them to exceed speed limits. Unless a specific route has been agreed upon, the chauffeur may use any route they deem to be the most convenient and practical, regardless of whether it is the shortest.
  • Only employees or representatives of Affordable Wine Tours may drive the vehicle. The chauffeur will do their best to follow the prearranged itinerary and adhere to pick-up and drop-off times, taking into consideration reasonable requests from passengers (which will be judged by the chauffeur as reasonable or not). However, we cannot be held responsible for delays or prolonged journey durations due to circumstances beyond our control, such as traffic or adverse weather conditions.
  • The agreed-upon hire price will be payable provided that services commence within one hour of the scheduled pick-up time. If we fail to start the services within one hour of the scheduled time, you have the right to terminate the agreement for that booking and receive a full refund of any deposit or advance payment made. Any cancellation after the commencement of services will be subject to the agreed-upon cancellation policy.

Additional Booking Terms & Conditions

  • 49Smoking Strictly not permitted in any of our vehicles. In the event the client or any member of the clients’ party causes damage to the vehicle, the client will be financially responsible to repair that damage. Consumption of water within all our vehicles is permitted but will not allow any other food or beverages to be consumed at any time.

Use of Information

  • 50You acknowledge that the Service Provider will collect, hold, use, and disclose any personal information you provide to them only to the extent necessary for the provision of the Services or other business or legal requirements.
  • You warrant that the information you provide to the Service Provider is true, accurate, and complete, and you acknowledge that the Service Provider reserves the right to verify your information.
  • The Service Provider may provide any necessary information, including contact information, to a claims processor or an insurer if there are complaint, dispute, accidents, or conflicts involving your use of the Services and such information or data is necessary to resolve the issue.
  • Unless otherwise agreed between the parties, the Service Provider retains the right to take photographs during the provision of the Services and use them for any reasonable purposes consistent with its business operations, such as, without limitation, marketing and advertisement of the business.

Confidential Information

  • 51Any Confidential Information shared by one party with the other party must be treated as confidential and kept private, except in the following circumstances:
  • a.The party who provided the information gives consent for its release;
  • b.The information is required to be used or disclosed in a reasonable manner for the purpose of rendering the Services; or
  • c.The information is authorized or required to be released by law

Warranties

  • 52The Service Provider warrants:
  • a.it holds all necessary licenses, registrations, and authorizations to provide the Services; and
  • b.Additionally, the Service Provider warrants that it has insurance coverage from a reputable insurer to cover the risks associated with providing the Services, which a prudent business owner in a similar position to the Service Provider would insure against.
  • 53If you arrange a ride on behalf of a Passenger, you warrant that they will comply with these Terms.
  • 54Except as otherwise stated herein, to the extent permitted or required by law, the Service Provider gives no warranties, representations, or guarantees regarding the Services.
  • 55The parties shall indemnify each other against any loss, expense, claim, damage, and liability incurred by the other party, whether directly or indirectly, in connection with a breach by the indemnifying party of any of the warranties contained in clauses 55 and 56 above.

Further Indemnity

  • 56The Client shall indemnify the Service Provider against any loss, expense, claim, damage, or liability incurred directly or indirectly by the Service Provider in connection with a breach of these Terms by the Client.
  • 57The parties indemnify each other from any loss, expense, claim, damage, or liability incurred by the other, except for the indemnifying party's own negligence, illegal action, or gross misconduct. This means that both parties agree to compensate each other for any loss or damages incurred, except when the loss or damages are due to their own negligence, illegal actions, or gross misconduct.

Competition and Consumer Act

  • 58Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law. Nothing in these Terms is intended to limit your rights as a consumer under the Australian Consumer Law.
  • 59For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Service Provider’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again
  • 60You must be over 18 years of age to use this website and to purchase any goods or services

Limited Liability

  • 61Notwithstanding anything else in this contract and to the maximum extent permitted by law:
  • a.It is an essential precondition to you using our website that you agree and accept that The Service Provider is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable
  • b.The Service Provider has no control over, and therefore disclaims any liability for, any fees that may be charged by your bank, credit card company, or other payment method in connection with the collection of Service Fees, Damage Fees, or Waiting Fees.
  • c.It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • d.The Service Provider shall not be held liable for any losses incurred by you as a result of a mechanical breakdown or similar event outside of the Service Provider's control, including, but not limited to, any incidental losses such as the cost of a missed flight.
  • e.To the fullest extent permitted by law, the Service Provider shall not be held liable for any loss, injury, or death that occurs to a passenger while using the Services.

Notices

  • 62Any communication or notice sent to or from a party regarding this Agreement:
  • a.must be in legible writing and in English;
  • b.If the sender is a company, the communication must be signed by an officer or under the common seal of the company;
  • c.The addressee is considered to have received the communication in the following ways:
  • i.if delivered in person, it is received upon delivery;
  • ii.if sent by post, it is received five (5-7) business days from and including the date of postage; or
  • iii.if sent by electronic or fax transmission, it is received when the sending machine confirms that the notice has been sent.

No waiver

  • 63If any party fails to enforce a right, power, or remedy provided by law or under this agreement, or partially enforces it, it does not mean that they have given up that right. Any waiver or agreement given by a party under this agreement will only be valid if it is confirmed in writing by that party.

The Contract

  • 64This contract contains all of the terms agreed upon between the parties regarding the Services. The only terms that will be considered part of this contract are those that are required by law.
  • 65This contract replaces and invalidates any previous agreements or obligations between the parties regarding the Services.

Your Privacy

  • 66We are committed to protecting your privacy and using the information we collect about you to provide you with the best possible service. We respect the privacy and confidentiality of the information you provide and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully
  • You can change your details at any time by notifying us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software at www.affordablewinetours.com.au encrypts all customer information before it is sent to us. Additionally, we secure all customer data collected against unauthorized access or use. Please note that we do not store credit card information on our servers.

Disclaimer

  • 67To the fullest extent permitted by law, the Service Provider disclaims all warranties, whether expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Service Provider provides no warranty that the documents, goods, or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or other harmful components.
  • While we always strive to provide accurate, reliable, and up-to-date information on our website, we do not warrant or make any representations regarding the use or results of the use of any document, product, service, link, or information on our website, or their correctness, suitability, accuracy, reliability, or otherwise.
  • You are solely responsible, not the Service Provider, for bearing any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but it is your responsibility to be aware of any risks associated with using this website or any products or services offered through it.

Governing Law

  • 68This agreement is governed by the laws of South Australia, and any disputes or legal matters related to this agreement must be brought before the courts of South Australia, which have exclusive jurisdiction over such matters. The parties involved agree to the jurisdiction of these courts and any courts that have the power to review their decisions

Collection Fees

  • 69You agree to pay all legal counselling fees, litigation fees, legal fees, costs, accounting fees, expenses and disbursements for all actions taken prior to, during and subsequent to the initiation of legal proceedings to collect payments due in case of non-payment

Policy Updates

  • 70This Policy may change from time to time and is available on our website.