Terms of Service – Australian Tours

Terms of Service – Australian Tours

PLEASE READ THESE TERMS AND CONDITIONS FOR OUR BUSINESS SERVICES CAREFULLY

Welcome to Silver Compass Tours. By engaging our Services, you are agreeing to comply with and be bound by the following terms and conditions of use (‘Terms’), which together with our privacy policy and website disclaimer, govern Silver Compass Tour’s relationship with you in relation to your use of our Services, website, online marketing pages and social media channels.

By engaging our Services or using our website and online marketing pages, you signify your acceptance to be bound by these Terms.

For the purposes of these Terms, ‘Us’, ‘Our’ and ‘We’ and ‘Silver Compass Tours’ refers to Silver Compass Communications Pty Ltd, t/a Silver Compass Tours, t/a Wild Heart of Italy, ABN 25 151 619 733 and www.silvercompasstours.com.au and www.wildheartofitaly.com. ‘You’, ‘Your’ and the ‘Client’ refers to you, the client, visitor, website user or person using our website or Services as relevant. If you do not agree to be bound by these Terms, we ask that you do not engage our Services or use our website.

“Hosted Travel Experience” means any event, tour, excursion, concert, or other such experience that may be offered from time to time by Silver Compass Tours.

You must be 18 years of age or older to use our Services.

AUSTRALIAN TOUR PACKAGE & LOCAL HOST

Silver Compass Tours (SCT) is the organiser of hosted tour packages within regional Australia. As part of the offer, SCT has engaged third party suppliers to fulfill certain aspects of its packages e.g. coach services, limousine and car hire operators and regional hotels for accommodation. In doing so SCT and therefore you, may be bound to their terms and conditions in part or in whole. SCT has made every reasonable attempt to ensure that these terms and conditions are outlined or referenced but makes no claim as to their entirety. SCT reserves the right to amend or cancel the package/s at any time for whatsoever reason.

BOOKINGS & PAYMENTS CONDITIONS

Payment for our Australian hosted tour packages may be made using the online booking process via the www.silvercompasstours.com.au website and www.rezdy.com websites. Packages are quoted in Australian Dollars inclusive of Commonwealth Government Goods and Services Tax (GST) and online booking fees. Packages and prices are subject to change without notice. The package price is an all-inclusive price.

CANCELLATIONS, FEES & REFUNDS – MADE BY TRAVELLER

If due to unforeseen circumstances you are unable to join us and need to cancel your booking, we require written notice of AT LEAST 30 DAYS prior to your tour package commencing to provide you with a full refund. Please note that ALL claims for refunds will be subject to a minimum processing fee of AUD$50 and you will be charged the online booking fee.

For cancellations received less than 30 days but more than 14 days prior to the tour commencement date, you will be charged a 50% administration fee on total cost of tour package as we are subject to third-party supplier arrangements. Alternatively, you can choose to receive a credit for the full amounts paid applicable to an alternative tour package, valid for two (2) years from the time of initial purchase.

Cancellations received within less 14 days notice of the tour commencement date are subject to 100% of cost being non-refundable, unless a replacement from our waiting list can be sourced. In the case of replacement, you will be subject to the 50% non-refundable administration fee. Alternatively, you can also choose to receive a credit as above.

PLEASE NOTE CAREFULLY: no refunds will be payable in connection with airline or train delays, unused services, or other acts beyond the control of Silver Compass Tours. All notifications of cancellation must be received in writing by email to kelly[at]silvercompasstours.com.au

CANCELLATIONS, FEES & REFUNDS – MADE BY SILVER COMPASS TOURS

If due to unforeseen circumstances Silver Compass Tours contacts you to cancel or reschedule a particular tour date, we will endeavour to provide you with at least 14 days prior notice in writing where possible.

We may cancel a trip at any time prior to departure if, due to global pandemics, terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can choose to transfer amounts paid to an alternative or rescheduled tour date or to request a full refund.

In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs which will be advised at the time of notice in writing. We are additionally not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

TRAVEL & MEDICAL INSURANCE

We strongly recommend you secure Travel Insurance and Medical Insurance (if required) at time of booking your Experience Package with us. Travel Insurance will cover you for unforeseen circumstances and we strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects, as well as provide cover against personal accident and medical expenses. It is recommended that you take out Travel Insurance to cover you even for travel within your own state and country. You will be requested to provide proof of travel insurance prior to tour commencement.

ITINERARY & BOOKING AMENDMENTS

It is important to note that there may be changes or alterations from time to time to tour itineraries or bookings that are out of our control due to third party supplier issues, or due to events beyond our control. However, we will at all times endeavour to inform you in advance as soon as we are made aware of any issues. If it is a material change, we will at all times try to ensure you have a suitable alternative available.

From time to time, itinerary activities or Hosted Travel Experiences may be altered or cancelled for reasons out of our control. We reserve the right to cancel, change or substitute any Hosted Travel Experience at any time due to external or third-party supplier issues that may arise. If you do not want to accept the alternative Hosted Travel Experience for any reason, we will offer you a refund in accordance with Australian Consumer Law requirements.

AVAILABILITY

We keep a waitlist for interested guests to join a tour that has been oversubscribed. In the event of any cancellations, guests on the waitlist (in order of the request being received) will be notified of the opportunity to join the tour.

MINIMUM NUMBERS

The Luxe Orange Experience tour package requires a minimum of twelve (12) Tour Participants per Tour to operate. Silver Compass Tours reserves the right to cancel any Hosted Travel Experience in the event of minimum numbers (12 Tour Participants) not being reached.

Silver Compass Tours additionally reserves the right to vary minimum numbers above or below the standard twelve (12) Tour Participants – these variations may be considered on a case by case basis and additional fees may apply.

ARRIVAL AND DEPARTURE TIMES

Please ensure you arrive in a timely manner for your advised Tour Package commencement time. If you miss events or tour experiences within the itinerary due to failing to arrive in time, SCT will not be liable for any reimbursement of funds in lieu of the missed experience or event.

SCT cannot guarantee the departure or arrival times of its third-party operator or any of its services. SCT is not liable for any delay, including without limitation, any failure to meet with connections or other services.

ACCOMMODATION

All rooms are subject to availability. Standard room options apply; king sized or queen sized bed or twin share. Alternative hotels of similar standard to those outlined in the package within the itineraries may be used without notice. The ‘star rating’ system for hotels is provided as an indication only and is subject to change without notice. Hotel room photographs may not be specific to the actual room occupied.

DIETARY REQUESTS

Vegetarians can easily be catered for as part of the set menus being offered at each of our venues as part of our travel package, however please note that for gluten-free, vegan or other dietary requirements asking for special meals there will be a 10% surcharge on basic package cost. Genuine allergies are happily catered for, please contact Kelly on mobile: 0437 091 503 if you have any questions regarding dietary requests or email kelly[at]silvercompasstours[com]com[dot]au

TOURING

SCT does not own, operate or control third party suppliers of services (e.g. airlines, hotels/accommodation, transportation companies, restaurants, hire car operators, etc.) To the extent permitted by the Commonwealth of Australia and its States laws, SCT is not responsible for any loss, accident, delay or irregularity whatsoever resulting from a third-party supplier’s acts or omissions. The travel services provided by these suppliers are subject to the conditions imposed by the suppliers and their liability may be limited by their tariffs, conditions of carriage, and agreements.

AUTHORITY ON TOUR

Our group trips are run by a local Host. The decision of the Host is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the tour. If you fail to comply with a decision made by your Host or interfere with the well-being or mobility of the group, the Host may direct you to leave the trip immediately, with no right of refund.

TRAVELLING TOGETHER WITH INTEGRITY

This is a group tour made up of wonderful individuals. You may be travelling on your own, with a friend, or with a small group within our tour group, and we would encourage you to say hello and get to know your fellow travellers to really get the most out of your experience of travelling together through the Orange wine region over the tour. You’ll leave with new friends, we’re sure of it!

FEEDBACK

At Silver Compass Tours, we really value your feedback. Following the completion of each of our Wild Heart of Italy Hosted Travel Experiences, we send out an email survey to gather our guests’ responses to help fine tune and tailor our future Hosted Travel Experiences. These surveys are anonymous and we appreciate the time you take in responding.

Feel free to drop us a line anytime to kelly[at]silvercompasstours[dot]com[dot]au if you have any additional feedback for us.

COMPLAINTS

We do our utmost to provide accurate information on our website, answer all your queries and ensure you enjoy our Hosted Travel Experiences. Sometimes though there may be instances where you feel your flights or accommodation, or another aspect of your Experience, did not match your initial expectations. Silver Compass Tours only facilitates the actual Hosted Travel Experience and related Services. If you are unhappy with your flight or flight seating, or there are issues with your accommodation such as level of cleanliness, food quality or room quality, it is best to take this up direct with the third-party service provider (the airline, hotel or restaurant) at the time of your complaint.

If you have a problem with a third-party supplier while on the Experience, we ask that you alert your Tour Host regarding the issue immediately, so they can assist you with your dealings with the third-party service provider if needed. Please note that it is your own responsibility to ensure that any products, Services or information available through our website or otherwise offered through Silver Compass Tours or the Wild Heart of Italy meet your specific, personal or commercial requirements. We do not warrant that any Hosted Travel Experience will be suitable or fit for your purpose or will correspond with the advertising by the venue. You agree to make your own enquiries directly with the venue if required.

If you feel you have a more substantial complaint or issue that needs to be dealt with, please refer to our Complaints Handling Policy on our website.

LIMITATION OF LIABILITY AND DISCLAIMERS

To enable us to offer you these Hosted Travel Experiences, we contract and work with and through a network of third party businesses and individuals to assist in the running of the Experiences. For this reason, we are not responsible for any of their acts or omissions.

It is an essential pre-condition to you engaging our Services that you agree and accept that Silver Compass Tours is not legally responsible for any loss, injury or damage you may suffer related to your use of our Services, any goods or services we may offer or from any other use of the website or Services. Your use of, or reliance on, any information or materials on this website and our Services is entirely at your own risk, for which we shall not be liable.

LIABILITY

To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:

(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;

(b) our Services being unavailable; and

(c) 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, arising out of or in connection with your use of the Services, the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

To the extent we are unable 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.

Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services that cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.

We cannot guarantee the availability of any Experience at any time. In the event of any changes to any times, dates or venues, we will use all reasonable endeavours to notify you and where applicable, work with you to arrange suitable alternative options.

YOUR PRIVACY

At Silver Compass Tours [silvercompasstours.com.au] and Wild Heart of Italy [wildheartofitaly.com], we are committed to protecting your privacy as a customer and an online visitor to our websites. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email.

THIRD PARTIES

We do not and will not sell or deal in Personal Data or any customer information. Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of silvercompasstours.com.au, wildheartofitaly.com, our customers or third parties. If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

WHOLE AGREEMENT

These Terms represent the whole agreement between you and Silver Compass Tours [www.silvercompasstours.com.au]and Wild Heart of Italy [www.wildheartofitaly.com] concerning your use and access to our websites, our Services and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our website and Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website and Services then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and Silver Compass Tour’s rights and obligations to each other.

JURISDICTION

Our agreement, these Terms and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Silver Compass Tours that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.

[Updated 26 April 2020]