Terms & Conditions

Terms and Conditions

DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:-

‘The Company’ means The Trustee for Greenbanks Farms Trust trading as:

Greenbanks Tours

 ‘Customer’ means the person or corporation named in the reservation to whom services will be provided.

‘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.

‘The Agent’ means the authorized person or corporation representing the Company to the Customer.

‘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.

INTERPRETATION

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.

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.

ENTIRE AGREEMENT

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.

These Terms and Conditions cannot be varied except in writing signed by a duly authorized officer of the Company.

ACCEPTANCE OF CONDITIONS

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.

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.

JURISDICTION

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.

PRICE

The price of the services provided by the Company is as specified in the Reservation.

Pricing shown is a guide only and is valid for travel commencing 1st March 2016 until 31st December 2016.

The price will include all Government charges and fees of any kind, Goods and Services Tax (GST) will be included in the price.

All prices are quoted in Australian Dollars only. (AUD)

No responsibility is accepted by Greenbanks Tours for unforeseen omissions or misrepresentation by any third parties.

ITINERARIES

Our itineraries are formulated to suit the requirements of our travelers. Where a service or activity cannot be met, a suitable alternative will be suggested and offered wherever possible. Itineraries may vary and/or attractions be substituted due to seasonal conditions, weather extremes or changes in availability.  Additional activities, meals, refreshments and entry fees, not included in the itinerary are at the expense of each traveler unless otherwise stated. Itinerary examples are correct at the time of publishing and may differ slightly to those featured on our web page or in our brochure.

PAYMENT POLICY

Full payment is required at the time of booking; failure to adhere to the payment policy may result in the cancellation of your booking.

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.

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.

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.

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.

Customers and Agents outside of Australian jurisdiction are to pay for services rendered by the Company in Australian Dollars.

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.

CANCELLATION POLICY

A strict cancellation fee will be applicable to compensate for costs and losses due to the extensive organization involved with touring. Once a booking is made the following cancellation fees will apply:

8 – 30 Days 25% of Fare
3 – 7 Days 50% of Fare
Within 2 days (48Hours) – 100% of Fare

In addition, no refund will be made if you fail to join a tour, join it after departure, or leave it prior to its completion. Please Note:  Greenbanks Tours reserve the right to charge a fee where applicable in the event of a booking alteration or there is disruption or inconvenience caused to other tour participants. Greenbanks Tours is not liable for passenger failure to connect with other services or any associated costs resulting from such delays.

In the event that a deposit has been paid by the Customer, the Company is authorized to retain the deposit towards payments outstanding and payable to the Company pursuant to these Terms and Conditions.

AMENDMENTS TO RESERVATIONS

Unless otherwise stated to the contrary in individual and specific Reservations, the Customer can amend 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 amendments after such date will incur charges as set out in this clause.

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.

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.

In the event that a deposit has been paid by the Customer, the Company is authorized to retain the deposit towards payments outstanding and payable to the Company pursuant to these Terms and Conditions.

CONDITIONS OF TRAVEL

Greenbanks Tours reserves the right to alter the route or itinerary of any of its tours and arrange alternative carriers if necessary. Greenbanks Tours will make every attempt to comply with agreed pick up or drop off times. Additional pick up and drop off arrangements, beyond the scope of the tour, will incur supplementary charges. We accept no responsibility for loss or damage to personal belongings or baggage. No refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure.

LIABILITY

Whilst we make every effort to safeguard our passengers, Greenbanks Tours will not be liable for any damage, injury, or loss of any kind caused by or resulting from any act or omission by its employees, agents or contractors. Greenbanks Tours also assumes no responsibility for any negligence, act or omission whatsoever by any person.

CHILD POLICY/AGE RESTRICTIONS

Safety accredited seating such as booster seats/restraints for children are provided at an additional fee of $20/child; therefore children aged 7 years and under are not recommended to travel on any tour. Individual requests may be considered on a case by case basis by Greenbanks Tours. The Company reserves the right to not accept children on tours should safety concerns arise.

TRAVEL INSURANCE

Travel insurance in NOT included in the tour price and all Customers travel entirely at their own risk and acknowledge that travel plans can be disrupted at any time by unforeseen and unexpected circumstances. The Customer acknowledges that the Company does not include any travel insurance in their prices. The Company recommends 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. Australian nationals travelling in Australia are exempt from this policy although we do still highly recommend Travel Insurance. Greenbanks Tours requires all passengers to hold travel insurance. Your Insurance protection must include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance.

OCCUPATIONAL HEALTH AND SAFETY

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. 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.

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 sanitize the vehicle, will be required to pay all reasonable cleaning and sanitizing 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.

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. No person will be entitled to claim any refund or compensation as a result of the Company exercising their rights under this clause.

SMOKING AND DRINKING

Australian Government regulations prohibit smoking and the drinking of alcohol INSIDE all tourist vehicles in Australia (smoking and drinking should be limited to designated stops where legally permitted.)

BEHAVIOUR

Greenbanks Tours is not a common carrier and therefore can refuse to carry a person whose behavior is detrimental to the enjoyment of the group. By travelling with Greenbanks Tours, you agree to accept the authority of the operator and accept their decisions. A safe working environment is of the utmost importance to our business and staff. Passengers must meet the terms of these conditions. Any threats to safety, being physical or verbal, or inappropriate behavior will not be tolerated and may result in removal from the trip. Any passenger required to leave the trip will not be refunded. That passenger will be responsible for their own travel costs and arrangements from that point.

RESERVATIONS

All requests for Reservations by authorized Agents are to be made in writing by fax or email unless otherwise agreed upon by the Company. All Customers are able to make their booking in person, verbally by telephone or in writing by fax or email. No Reservation will be agreed or binding until confirmed by the Company whereupon these Terms and Conditions will then apply. 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. Reservations are non-transferable from the Customer named in the Reservation.

RECONFIRMING TOURS

It is advisable to reconfirm tours at least 24 hours in advance. Failure to do so may result in the booking being cancelled. Telephone within Australia: 0429 673 070

CONTACT INFORMATION

Greenbanks Tours
PO Box 633
Hahndorf SA 5245

Tel – 0429 673 070
Email – nic@greenbankstours.com.au

OTHER CONDITIONS

All service details, costs availability and inclusions are correct at the time of publication. The Company may, however, amend or cancel services due to unforeseen circumstances outside of their direct control.

In the event that part of a service becomes unavailable of materially different that that specified in the Reservation, the Company will endeavor 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.

The Company may, from time to time, utilize the services of other providers to meet the fluctuations in demand. The Customer agrees to accept such provider’s Terms and Conditions.

The Company accepts no responsibility for any verbal, written or implied terms and conditions provided by any Agent or third party.

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.

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.

REFUNDS

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 and charges imposed by suppliers.

Credit Card processing fees are non-refundable.

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 utilize or take possession of the aforementioned

RECORDS AND PRIVACY

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.

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.

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 authorized by the Company.

COPYRIGHT

The Company maintains copyright to all materials, intellectual property, research data, photographs, itineraries, publications, website and other publications and the unauthorized reproduction of such material is strictly prohibited.

DISPUTES

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.

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.

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.