Hunter Private Tours
Terms & Conditions
These Terms and Conditions are between Hunter Private Tours Pty Ltd (ABN 92605302627), (herinafter referred to as “HPT” or “we”) and you, the person, organisation or entity that purchase a tour from us (herinafter referred to as “The Purchaser” or “you”), and all parties travelling on the tour.
Purchase of our tour service binds all parties to the following Terms and Conditions.
Hunter Private Tours agrees to perform the tour with due care and skill.
We will prepare a tour itinerary based on information or requests provided by you. Where the itinerary requires bookings to made and finalised online, you will be notified. It is your responsibility to complete the online booking and advise us of the confirmation. 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.
We reserve the right to refuse any request that we deem inappropriate, unreasonable, or illegal.
Your final itinerary will be forwarded to you prior to the tour date. We are not responsible for any changes made after this final itinerary has been sent to you.
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.
We reserve the right to change prices at any time. The prices set out on the web site will be the price payable.
All tours are prepaid.
Payments by credit card are processed online via NAB Transact and are deemed to be finalised when confirmed by NAB to you by email.
All cancellations must be advised by you in writing using email.
We will acknowledge the email without delay.
Cancellations received more than one calendar month before your tour date will be refunded less a $100 admin & processing fee.
Cancellations received within one calendar month will be will incur a 100% cancellation charge unless the booking is replaced with a new booking under these Terms & Conditions.
If the booking is replaced, the original booking will be refunded less $100 admin & processing fee.
If we unable or prevented to operate the tour (Force Majeure) a full refund will be offered.
It is your responsibility to take care of your personal belongings at all times.
We are not responsible or liable for any personal belongings left unattended.
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.
This clause will survive termination of these Terms.
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: 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.
This clause will survive termination of these Terms.
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.
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.
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.
Hunter Private Tours Pty Ltd
15 Thompsons Road, Pokolbin 2320