Terms & Conditions
1. Definitions and Interpretation
a) In these Terms and Conditions:
“Bespoke Wine Tours” means Bespoke Wine Tours (ABN: 13948166109).
“Customer” is the purchaser of the Services from Bespoke Wine Tours and
“Services” means the wine tour or tours and related services supplied by Bespoke Wine Tours to the Customer.
b) Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying (i) any condition, warranty, guarantee, right or remedy implied or provided by law (including the consumer guarantees contained in the Australian Consumer Law) and which by law cannot be excluded, restricted or modified or (ii) the liability of Bespoke Wine Tours for any breach of any such condition, warranty or guarantee.
These Terms and Conditions shall apply to the exclusion of all others. No Services will be supplied by Bespoke Wine Tours on any terms or conditions other than these Terms and Conditions and the Customer shall be deemed to agree to these Terms and Conditions upon booking the Services.
a) Prices DO NOT include GST.
b) All prices are set at the time of booking and may not be varied.
c) Prices stated on the website or in any advertisement are those as at the date of the advertisement and are subject to alteration without notice.
4. Customer’s Property
Any property of the Customer brought on a tour is completely at the Customer’s risk as regards to loss or damage caused to the property or by it.
5. Consumption of Alcohol
a) Bespoke Wine Tours supports responsible consumption of alcohol and does not condone excessive or binge drinking.
b) All alcohol consumption is at the risk of the Customer, and it is the responsibility of the Customer to adhere to the responsible service of alcohol obligations of each winery on the tour made known to the Customer by the winery or the representative of Bespoke Wine Tours.
c) Alcohol shall not be consumed on any tour vehicle and, except for alcohol purchased at any visited winery; no alcohol may be brought onto any tour vehicle. No alcohol may be brought onto the premises of any winery.
d) In the event that a Customer is, in the opinion of the representative of Bespoke Wine Tours, excessively inebriated or disruptive to the tour group or other visitors at a winery, Bespoke Wine Tours may terminate the tour and return to the destination point. Whether the tour is terminated or not, the Customer will be responsible for and will indemnify Bespoke Wine Tours against any loss damage or expense suffered or liability incurred as a result of his or her inebriation or behaviour including without limitation any additional cleaning costs.
Bespoke Wine Tours requires no less than seven (7) business days’ notice of any cancellation. In the event that shorter notice is provided, Bespoke Wine Tours shall retain the deposit made on the booking.
In the event of a natural disaster where lives and property are at risk or an unforeseen event (vehicle accident), all tours will be cancelled by us with as much notice as possible and a full refund provided.
Bespoke Wine Tours is in no way affiliated with any of the wineries visited on a tour and subject to clause 1(b) of these Terms and Conditions makes no representation as to the products or services offered by the wineries visited.
a) The Customer is responsible for notifying Bespoke Wine Tours of any food allergies or special dietary requirements at the time of booking. Bespoke Wine Tours will take all reasonable steps to ensure that food served is in line with that requested, however, disclaims to the maximum extent permitted by law all liability for or in relation to any illness caused by the food served at any winery.
b) The Customer must adhere to each winery’s food licensing conditions made known to the Customer by the winery or the representative of Bespoke Wine Tours including the prohibition on bringing food onto the premises of a winery that has a cafe/restaurant.
Bespoke Wine Tours in the course of its business may collect personal information from the Customer for the purpose of providing the Services. Bespoke Wine Tours will take all reasonable steps to secure the privacy of your information and will not release any personal information to any third party without your authority or unless otherwise permitted by any relevant law.
The proper law of the contract between Bespoke Wine Tours and the Customer is the law of the State of Victoria and Bespoke Wine Tours and the Customer agree that all claims and disputes relating to the Services supplied shall be determined in a Court of competent jurisdiction in the State of Victoria.
11. Limitation of Liability
Subject always to clause 1(b) of these Terms and Conditions, Bespoke Wine Tours shall not be responsible for and disclaims to the maximum extent permitted by law any and all liability to the Customer for or in relation to any breach by Bespoke Wine Tours of this contract for the provision of the Services including without limitation any liability for negligence or for consequential loss or associated loss or damage which is not reasonably foreseeable.