TERMS AND CONDITIONS – HOPS AND BARRELS
1. This agreement (‘Agreement’) outlines the terms and between the Customer (‘You’) and Hops and Barrels [Tour Operator) (‘Hops and Barrels’)(‘Us’) (‘We’), for: The provision of the Services to You; and The use of the Website [www.hopsandbarrels.com.au] (‘the Site’) by You.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms will either be listed in this Agreement or will be presented to You for acceptance when You sign up to use such Services or when You arrive at the designated location to receive the Services.
In consideration for providing You with a license to use the Site, You agree only to use the Site in accordance with these terms.
SERVICES BY HOPS AND BARRELS
Our site may offer the following Services:
- [Provide Tour Services in Victoria ]
1. We may offer additional services or revise any of the Services or Products, at our discretion, and with or without notice. This Agreement will apply to all additional services or revised Services. We also reserve the right to cease offering any of the Services, or change the prices of such Products and Services, at any time without prior notice.
- We will endeavour to provide You the best Services available to You. Please note, however, that the graphical representation of the Services in form of images and photography on the Site may vary with regards to the colour, and design.
- Should You wish to alter the booking of the Services, please contact Us immediately. Your alteration request will be assessed by Us and You will be informed whether we are able to alter Your booking to Your satisfaction. At the time of request for alteration, we will advise You of any changes in price. Acceptance of requests to alter order will be provided by Us at our sole discretion.
1. When We organise transport to and from pickup locations and venues (‘the Services’), we will do our best to pick you up on time and to schedule.
2. If a vehicle breaks down, we will do our best to organise alternative transport arrangements so that we can continue to provide the Services. Alternative transport arrangements may include:
2.1 arranging an alternative vehicle to be sent to the location of where the vehicle has broken down; or
2.2 repairing the vehicle (if possible) at the site of the vehicle breakdown using NRMA’s Light Commercial Vehicles Absolute Roadside Assistance scheme.
3. 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 a new Tour which suits your preferences and availabilities. If a new tour cannot be arranged to suit your preferences and availabilities, we will arrange for a full refund
PAYMENT OF SERVICES
1. The prices of the Services will be listed on the Site, inclusive of GST. Prices will vary from Services to Services, and are subject to change at any time. However, changes in prices will not affect the prices of Services that belong to a booking already placed. In case there is an obvious mistake in pricing, we will notify You as soon as we can and will amend the mistake.
2. Payments to Us may be processed by a Third Party Payment Provider (‘the TPPP”) if agreed between the parties. To assist in the processing of the payment, You may required to fill out the relevant forms provided by Us or by the TPPP.
3. When accepting the terms of this Agreement, You acknowledge that You have received a copy of the TPPP’s Customer Terms and Conditions. You acknowledge that You have read over those terms and conditions thoroughly, and have informed the TPPP that You agree to be bound by any terms and conditions of the TPPP in addition to this Agreement.
4. The Third Party Payment Service or Your bank or other financial institution may require You to pay processing fees or other fees and charges. Any such fees and charges are Your sole responsibility and are not included in the Booking Fee, or other paid services unless otherwise specified. We accept no responsibility for Your use of any Third Party Payment Service.
5. You agree to keep Your information including your email address and payment details up to date so that the Third Party Payment Service, and Hops and Barrels, can process payment and contact You as needed in connection with the provision of the Services.
1. In the event that You wish to cancel Your booking and obtain a full refund, we require cancellation to be paid at least four (14) days prior to the scheduled booking date.
2. Where the request has not been received with the required fourteen (14) days notice, the booking is unable to be fully refunded.
3. In the event that You wish to cancel Your booking with between five (5) and fourteen (14) days notice, we may credit to Your account, or transfer your booking to another date available;
4. Where the request has not been received with the required five (5) days notice, the booking is unable to be credited, transferred or refunded. In the event that a decision to credit, transfer or refund in accordance with this sub-clause, it is done so at the sole discretion of Us.
5. Cancellations must be requested by contacting our customer service representative at [firstname.lastname@example.org].
PERSONAL SAFETY AND CONDUCT
1. The enjoyment of participants is of the utmost importance to Us. We strive to provide Tours which are enjoyable to all parties involved.
2. Notwithstanding this, We do not tolerate behaviour on a tour, or whilst providing the Services, which disturbs or affects the enjoyment of other tour participants. If You act in a manner which is against the law, 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.
3. If we ask you to leave the tour or terminated the provision of Services to You, because You have behaved in a disorderly, obnoxious, distressing or rude manner, We will not provide You with a refund.
4. If we ask You to leave the tour, You are responsible (and must pay) for transport to Your home or another location.
1. It is Your responsibility to take care of Your personal belongings at all times including any wine or goods purchased whilst on tours.
2. We are not responsible or liable for any personal belongings including any purchases made during tours.
3. Where possible We will endeavour to return any lost property upon request – You agree to cover the cost of postage/freight in advance
4. 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.
1. 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 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.
2. 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.
3. 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.
4. 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.
VARIATION OF AGREEMENT
1. This agreement is subject to change by Us in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of changes to this Agreement constitutes Your acceptance of such changes. Please consult the end of this Agreement to determine when the Agreement was last revised.
LIMITED LICENSE TO USE SITE
1. The Content contained on the Site (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Site is our exclusive property, protected by Australian and international copyright laws, treaties and conventions. All software used on the Site is our property or the property of our software suppliers and protected by Australian and international copyright laws, treaties and conventions.
2. We grant You a limited license to access and make personal use of the Site. No Content of the Site or any other Internet site owned, operated, licensed, or controlled by Usmay be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose. Your use of Content on any other website or computer environment is strictly prohibited.
3. This License granted to You does not include, and specifically excludes, any rights to: resell or make any commercial use of the Site or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Site or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to You hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray Us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
1. Ownership of Content. You acknowledge and agree that we own and retain all intellectual and other proprietary rights in the Site, the Services and any Products sold directly on this Website (unless expressly stated otherwise).
2. No Use of Content. You must not post, copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) the Content or (ii) other copyrighted material, trade-marks and other proprietary content accessible via the Site and the Services, without first obtaining the prior written consent of the owner of the proprietary rights.
3.Photography 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.
RELEASE, LIMITATION OF LIABILITY AND INDEMNITY
1. Release: To the fullest extent permitted by law, You release and forever waive any and all claims You may have against us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers for any loss, damage, expense or injury (including any Claim) You sustain arising out of or in connection with Your access to (or inability to access) or use of the Services, or any External and Third Party Links and Sites or any Third Party Content.
2. Limitation and Liquidated Damages. To the extent permitted by law, in no event shall we be liable for any direct, incidental, special, consequential or indirect damages arising out of or relating to the provision of the Products, Services or use of the Site. Under no circumstances will our aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the Products and Services or the Site, exceed the total amount paid by You for Your order.
3. Where the liability of any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, is not otherwise excluded, or is unable to be excluded, that liability, howsoever arising and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be limited to direct damages up to the amount (if any) You have paid Us for the use of the Products and Services in the immediately preceding six (6) months.
1. No warranties. This section will apply to the maximum extent permitted by applicable law. We provide the Site, Services and Products on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership. To the extent we are not permitted to exclude any implied warranties, our liability is limited (at our option) to (a) where the breach relates to goods, the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; or (b) where the breach relates to the supply of a service, resupplying the service or payment of the cost of having the service resupplied. To the extent permitted by law, we do not warrant that Your use of the site or services will be secure, uninterrupted, always available, error-free or will meet Your requirements, or that any defects in the site or services will be corrected. We disclaim liability for, and no representation or warranty is made with respect to the connectivity and availability of the services. The provisions of the United Nations Convention on Contracts for the International Sale of Goods is hereby disclaimed.
FEEDBACK AND DISPUTE RESOLUTION
1. 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.
2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
2.1. 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).
2.2 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.
2.3 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.
1. Either party may give notice by email through the Contact Us page on our site.
1. Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognise a partnership, joint venture, or formal business entity of any kind, and the rights and obligations of the parties shall be limited to those expressly set forth herein.
1. If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.
1. The agreement and any contract arising under it is governed exclusively by the laws of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria. Where the law gives You a right to bring a proceeding in any other state of Australia, then this does not in any way limit that right.
1. No right under these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
These terms were last revised on [Tuesday 3rd December 2019].