In these Terms and Conditions, unless the context otherwise requires:-
1.1 ‘The Company’ means DA & IS Blackman trading as: a) Adelaide’s Top Food & Wine Tours.
1.2 ‘Customer’ means the person or corporation named in the reservation to whom services will be provided.
1.3 ‘Reservation’ means the reservation issued by the Company for services to be rendered to the Customer.
The Terms and Conditions are or are deemed to be incorporated in such reservation.
1.4 ‘The Agent’ means the authorised person or corporation representing the Company to the Customer.
1.5 ‘Person’ shall include an individual, their heirs executors and assigns, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
2.1 Any special conditions specified on a Reservation shall be read and constructed so as to vary these printed Terms and Conditions, but, only to the extent of any inconsistency.
2.2 Where there is more than one Person named in the Reservation as the Customer then the obligations of the Customer pursuant to the Terms and Conditions shall be joint and several.
3.0 ENTIRE AGREEMENT
3.1 These Terms and Conditions constitute a complete and exclusive statement of the agreement and understanding between the Company and the Customer with respect to the subject matter hereof and supersedes all prior arrangements between the parties either written oral or established through a course of dealings.
3.2 These Terms and Conditions cannot be varied except in writing signed by a duly authorised officer of the Company.
4.0 ACCEPTANCE OF CONDITIONS
4.1 Receipt of a Reservation by or on behalf of the Customer constitutes the acceptance of these Terms and Conditions. The Company may change these Terms and Conditions at any time. The Customer will be bound by the amended Terms and Conditions for all future reservations following the notice of the changed Terms and Conditions.
4.2 All changes will be deemed to have been received within two (2) business days of posting, faxing or emailing to the Agent, Customer or their representative.
5.1 The contract and any other dealings with the Company shall be governed by and construed in accordance with the law in effect in South Australia and the parties hereto accept the jurisdiction of the Courts of South Australia in relation to any dispute between them.
6.1 The price of the services provided by the Company are as specified in the Reservation. However, such price is provided as a guide only and may vary due to changes in demand, surcharges, fees or taxes.
6.2 The price may change at any time up to thirty (30) days before the services are to be provided even if the quoted price has already been fully or partly paid.
6.3 The price will include all Government charges and fees of any kind, Goods and Services Tax (GST) will be included in the price.
6.4 All prices are quoted in Australian Dollars only. (AUD)
7.0 PAYMENT TERMS
7.1 For all approved Customers or Agents of the Company with an account, the price is to be paid by the last day of the calendar month following that in which the services were provided by the Company, or as stated in individual and specific Reservations.
7.2 For all other Customers or Agents, the price is to be paid in full on or before the date of provision of the services by the Company or as stated in individual and specific Reservations
7.3 Should the Agent or Customer delay or default in respect of any payment due to the Company, the Company shall have the right, in addition to all other rights and remedies the Company has:
7.3.1 to charge a late payment administration fee equal to AUD$30.00. Such payment will be charged to the Customer upon failing to make full payment by the due date.
7.3.2 to charge interest at a rate equivalent to three per centum (3%) in excess of such rate charged from time to time by the Company’s bank for overdrafts. Such interest shall be calculated from the date payment was due to the date of full payment by the Customer.
7.3.3 Any payment made by the Agent or Customer, after the due date, will first be credited against the late payment administration fee and interest accrued to the date of payment.
7.4 If the Agent or Customer defaults in payment the Agent or Customer agrees to pay all reasonable debt collection costs, including commissions and legal charges.
7.5 The Company may without notice at any time cancel all approved accounts for Agents or Customers whereupon all amounts outstanding by such Agents or Customers shall become due and payable immediately.
7.6 Notwithstanding clauses 7.1 and 7.2, all amounts owing by Customers or Agents shall be due and payable immediately in the event of the Customer or Agent committing an act of bankruptcy, a mortgagee taking possession of the Customer’s or Agent’s assets, a receiver of assets is appointed or a petition of bankruptcy or liquidation is appointed.
7.7 If an Agent or Customer wishes to pay by credit card, they must advise the Company of their intention at the time of making a Reservation and the Company reserves the right to charge a non-refundable credit card processing fee equal to three percent (3.00%) of the amount charged on the credit card.
7.8 Customers and Agents outside of Australian jurisdiction are to pay for services rendered by the Company in Australian Dollars.
7.9 Customers and Agents outside of Australian jurisdiction are liable for all fees and costs in converting foreign currency into Australian Dollars prior to payment of any invoice for services issued by the Company.
8.0 CANCELLATION OF RESERVATIONS
8.1 Unless otherwise stated to the contrary in individual and specific Reservations, the Customer can cancel any Reservation up to seven (7) days before the date the service is to be provided by the Company without incurring any additional charges. Any cancellations after such date will incur charges as set out in this clause.
8.2 If the Customer cancels a Reservation within seven (7) days prior to the date of the provision of the service by the Company, then the following is payable:
8.2.1 For cancellations less than seven (7) days prior to the date the services is to be provided, the Customer shall be liable to pay a fee equal to eighty per cent (80%) of the total Reservation value per person.
8.2.2 For cancellations less than twenty four (24) hours prior to departure of the tour or if the Customer fails to cancel a Reservation prior to the date the service is to be provided and / or fails to show on the due date at the pre-determined time and place as specified on the Reservation, the Customer shall be liable to pay a fee equal to one hundred per cent (100%) of the total Reservation value per person.
8.3 In the event that a deposit has been paid by the Customer, the Company is authorised to retain the deposit towards payments outstanding and payable to the Company pursuant to these Terms and Conditions.
9.0 AMENDMENTS TO RESERVATIONS
9.1 Unless otherwise stated to the contrary in individual and specific Reservations, the Customer can amend any Reservation up to thirty (7) days before the date the service is to be provided by the Company without incurring any additional charges. Any amendments after such date will incur charges as set out in this clause.
9.2 For amendments made less than seven (7) days prior to the date the service is to be provided, the Customer shall be liable to pay a fee of AUD$10.00 per person per amendment in addition to any fees and charges imposed by other product suppliers.
9.2.4 For amendments made less than twenty four (24) hours prior to the date the service is to be provided, the customer shall be liable to pay a fee equal to one hundred per cent (100%) of the total Reservation value per person.
9.3 In the event that a deposit has been paid by the Customer, the Company is authorised to retain the deposit towards payments outstanding and payable to the Company pursuant to these Terms and Conditions.
10.1 All Customers travel entirely at their own risk and acknowledge that travel plans can be disrupted at any time by unforseen and unexpected circumstances. The Customer acknowledges that the Company does not include any travel insurance in their prices. The Company recommend that all Customers take out appropriate travel insurance to cover the risks caused by factors outside of the direct control of the Company (including, but not limited to, communication delays, industrial disputes, fire or accident, natural catastrophe, acts of terrorism, war, personal accident or illness, loss or damage to luggage and personal property). The Company is not liable for any losses, injury or damage suffered by the Customer and no claims for compensation will be accepted.
11.0 OCCUPATIONAL HEALTH AND SAFETY
11.1 The Company reserves the right to refuse transportation or to provide services to any Person who, in the reasonable opinion of the Company, presents themselves in a dangerous or disorderly manner or apparently under the severe influence of alcohol or drugs.
11.2 The Company reserves the right to refuse to carry any item that, in the reasonable opinion of the Company is deemed to be dangerous or unsuitable for carriage in public service vehicles.
11.3 Excluding normal wear and tear, any Customer who becomes ill, or by some mishap fouls the inside of any vehicle, and that vehicle requires additional special treatment to clean and sanitise the vehicle, will be required to pay all reasonable cleaning and sanitising fees incurred by the Company. In the event that the Company is required to temporarily sublet a substitute vehicle to perform its normal business, whilst the original is being cleaned, the Customer shall be liable for a maximum of one (1) days sublet fees as nominated by the Company.
11.4 Customers are not permitted to consume or carry opened containers of any food or drink products, other than water in any vehicle owned or operated by The Company.
11.5 No person will be entitled to claim any refund or compensation as a result of the Company exercising their rights under this clause.
12.1 Children’s rates quoted by the Company only apply to children aged two to thirteen (2-13) years inclusive.
12.2 All children aged less than two (2) years travel free, as specified in clause 12.4. All children aged fourteen (14) years and over will be charged at adult rates.
12.3 All children must be accompanied and supervised by an adult at all times. All children are the responsibility of the supervising adult and the Company accept no responsibility or liability for anything concerning any child.
12.4 Supervising adults requesting that an approved child restraint or child seat be provided by the Company and in doing so the child takes up a seat, the charge will be the normal child fee for the provision of that service regardless of the age of the child if under 14.
12.5 All children under the age of 7 and older than 4 must be in a "riser" seat This is a requirement of law in South Australia.
A baby or young child cannot be placed on a parents or supervising adult’s lap while the vehicle remains stationary or moving.The parents or accompanying/supervising adult can supply this capsule/riser seat, or Adelaide’s top food and wine tours can provide a suitable seat – extra cost.
If the infant is under 4 years of age than the supervising adult or parent must provide a suitable baby seat/capsule
13.0 AUTHORISED AGENTS
13.1 The Company may appoint authorised agents to make Reservations on behalf of the Company. Any authorised Agent which receives payments by Customers who have made Reservations holds such funds in trust on behalf of the Company and must keep such funds separately and clearly identifiable as property of the Company.
13.2 In the event that funds are not paid for the services rendered to Customers by the Company, then the Agent shall be liable for all payments to the Company.
13.3 The Company may withdraw approval for any Agent at any time for breach of any clause, but under normal circumstances by providing thirty (30) days notice to the Agent.
13.4 Authorised Agents of the Company are not permitted to make representations or commitments to any Customer on behalf of the Company or to bind the Company in relation to any act matter or thing.
13.5 Authorised Agents of the Company may from time to time be in receipt of privileged and confidential material. Agents are not permitted to sell or distribute information regarding the Company or its Customers to any third party, without the written consent of the Company.
13.6 The Company will pay a commission to authorised Agents equal to that specified in Schedule 1, Section 4 of the Contract of Agreement, or will charge the net, non-commissionable rate specified on each Reservation.
13.7 Agents are to deposit all due payments by electronic transfer with a credit into the nominated bank account of the Company as listed in Schedule 1, Section 5.
14.1 All requests for Reservations by authorised Agents are to be made in writing by fax or email unless otherwise agreed upon by the Company
14.2 All Customers are able to make their booking in person, verbally by telephone or in writing by fax or email.
14.3 No Reservation will be agreed or binding until confirmed by the Company whereupon these Terms and Conditions will then apply.
14.4 If Reservations are made by a Customer on behalf of other Persons, then the Customer making the Reservation will be deemed to have accepted these Terms and Conditions on behalf of all Persons named in the Reservation.
14.5 Reservations are non-transferable from the Customer named in the Reservation.
15.0 OTHER CONDITIONS
15.1 All service details, costs availability and inclusions are correct at the time of publication. The Company may, however, amend or cancel services due to unforseen circumstances outside of their direct control.
15.2 In the event that part of a service becomes unavailable of materially different that that specified in the Reservation, the Company will endeavour to substitute another service of equal value or experience. If the Customer does not accept the substituted item then the Customer may cancel the Reservation and receive a full refund of any monies already paid, less any non refundable charges imposed by suppliers.
15.3 The Company may, from time to time, utilise the services of other providers to meet the fluctuations in demand. The Customer agrees to accept such provider’s Terms and Conditions.
15.4 The Company accepts no responsibility for any verbal, written or implied terms and conditions provided by any Agent or third party.
15.5 The Company will act as agent only for the services or goods supplied by other suppliers or providers. The Company does not warrant or guarantee any such products or services and will not accept any responsibility in relation to the same. The Customer must make their own inquiries of such suppliers before making any Reservation with the Company.
15.6 The Company is liable solely for the inclusions specified in each service. The Customer is liable for the additional costs or imposed fees as a result of requesting additional goods or services requested during the Company’s provision of the service. Payment for said additional goods and services is to be immediate upon demand.
15.7 During the summer months Adelaide and surrounding districts temperature can be extremely hot. In this case the driver/tour guide will, on these extreme days make an informed decision should the temperature rise above 38 degrees Celsius, whether the tour shall continue after lunch or be cancelled. This will be based on the health of the clients/guests and staff - As heat exhaustion can be fatal.
16.1 In accordance with any applicable cancellation or amendment clause, any refund provided by the Company will be limited to the amount already paid by the Customer to the Company for a specific Reservation, less any non-refundable fees an charges imposed by suppliers.
16.2 Credit Card processing fees are non-refundable.
16.3 The Company will not be liable to refund any monies for goods or services provided to the Customer in the provision of the service, where the Customer fails to utilise or take possession of the aforementioned goods and services.
17.0 GIFT VOUCHERS
17.1 Gift Vouchers are provided by the Company on request of the Customer for the provision of a specific service or monetary value at a future, undisclosed date and time, but in any event within six (6) months of the date of purchase.
17.2 Customers who purchase gift vouchers may transfer ownership of the gift voucher to another Person, whereby that Person becomes jointly bound by these Terms and Conditions.
17.3 The Customer is to pay in full, for any gift vouchers requested, prior to their dispatch by the Company.
17.4 Not withstanding Clause 17.5, Gift Vouchers are valid for six (6) months from the date of purchase and must be redeemed in that period.
17.5 In the event that the Gift Voucher has expired and is within thirty (30) days of the original expiry date, the Customer can pay, to The Company, a thirty dollar (AUD$30.00) administration fee and the Gift Voucher expiry date will be extended by a further 30 days, commencing from the original expiry date.. The Customer must redeem the Gift Voucher within that extension period and no further extensions will be provided.
17.6 Gift Vouchers are non refundable and / or convertible to cash.
17.7 Customers must surrender the Gift Voucher to the Company, prior to the commencement of the provision of service.
18.0 SPECIAL OR DISCOUNTED OFFERS
18.1 The Company may from time to time offer promotional offers, by way of providing Special or Discounted offers.
18.2 Such Special or Discounted Offers are only available to the retail Customer, who would otherwise be required to pay the full price and deal directly with the Company.
18.3 Special or Discounted Offers will be for a limited time as indicated at the publication of the Offer.
18.4 Special or Discounted Offers are not available to or through Agents and they do not affect any relationships or dealings between the Company and Agent.
19.0 RECORDS AND PRIVACY
19.1 Personal details supplied by the Customer or Agent to the Company shall not be supplied or distributed to any other third party, other than that required to facilitate the provision of the service to the Customer.
19.2 The Customer in making a Reservation with the Company permits the Company to store personal information in any format for the purpose intended, for future internal research analysis and product development.
19.3 The Customer in making a Reservation accepts that photographs or images in other formats may be obtained during the provision of the service by the Company. Unless notified to the contrary beforehand, the Customer gives their unconditional permission and free of charge either present or in the future, for the pictures to be used by the Company for future marketing and promotional activities authorised by the Company.
20.1 The Company maintains copyright to all materials, intellectual property, research data, photographs, itineraries, publications, website and other publications and the unauthorised reproduction of such material is strictly prohibited.
21.1 In the event that an Agent or Customer has a dispute with the Company, they must notify the Company in writing (and provide all documentation or information in support of their claim) as soon as is practicable and in any event no later than thirty (30) days following the matter in dispute arising.
21.2 The Agent or Customer accepts that any decision, process or finding by the Company is not to be construed by any Person to be an admission of guilt, or wrong doing on behalf of the Company.
21.3 In the event the dispute is not resolved by the Company to the Agent or Customer’s reasonable satisfaction, then the matter shall be referred to an independent international arbitration service in Australia, as listed in 21.5 of this clause:
21.4 In the event that the Company has a dispute with the Agent or Customer, which is not resolved to the Company’s reasonable satisfaction, then the matter shall be referred to an independent international arbitration service in Australia, as listed in 21.5 of this clause:
21.5 The independent international arbitration service for all disputes involving the Company will be the duly authorised and appointed Adelaide representative of:
Name: Chartered Institute of Arbitrators (Australia) Limited
Address: Level 6 / 50 Park Street Sydney 2000, Australia
Telephone: (02)9267 1513
Fax: (02)9267 3125
21.6 The party seeking further resolution to any dispute, shall be liable to pay all up front costs imposed by the international arbitration service in the performance of it duties.
21.7 In all cases the findings and recommendations of the independent international arbitration service will be final and binding on all parties in the matter.
This Delivery Details Policy governs the manner in which Adelaide Food and Wine Tours processes online orders for delivery.