Terms and Conditions

Swan Valley Tours Terms & Conditions

By booking a tour or otherwise engaging with Swan Valley Tours, you are agreeing to the following terms and conditions with Vyscot Pty. Limited ABN 25 009 241 972 trading as Swan Valley Tours (Swan Valley, we, our and us).

1. Full Payment is required to confirm your booking. (Invoice agents exempt). You can reschedule any coach tour up to 24 hours prior to the tour without incurring additional fees.

2. A 1.25% surcharge will apply to payments by MasterCard, Visa, American Express, and PayPal. We accept online bank transfers for payments of AUD$250.00 and above. Please quote your booking number as your payment reference. Allow a minimum of four business days for your payment to be received and processed.

Account Name: Vyscot Pty Ltd
BSB 085-005
ACC 87-417-7501
Bank NAB

3. Note that refunds to an international bank account will incur an AUD$20.00 charge.

4. Subject to any entitlement you may have to any full or partial refund paid in accordance with Australian Consumer Law, cancellations within 24 hours for coach only tours and within 72 hours for cruise tours are subject to a cancellation fee equal to 100% of the booking fee. A cancellation fee equal to 100% of the booking fee also applies to No Shows on the departure day. Please check your booking details carefully.

5. Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation, and the likelihood that we will be able to re-book the cancelled booking.

6. Swan Valley reserves the right to cancel daily tours due to insufficient bookings being received. Where we do so, you may be entitled to a full or partial refund of any amount paid in accordance with Australian Consumer Law. In all other circumstances, any refund is at our discretion.

7. Every effort is made by Swan Valley to provide the best touring experience, but we do not accept any liability for any illness, injury, delay, inconvenience, loss or damage whilst on tour where it is not caused or contributed to by the acts or omissions of Kelsian Group Limited or any of its related entities, or is otherwise outside the control of Kelsian Group Limited or any of its related entities.

8. Swan Valley is proudly 100% NON-SMOKING and NON-VAPING on all tours.

9. Please note that in accordance with the Liquor Control Act 1988 (WA), no alcohol is permitted to be consumed on the vehicle. Wine brought during the tour will be kept in a safe place by Swan Valley and handed back when you disembark at the end of the tour.

10. Swan Valley is a responsible host. Please be aware that the venues also have a duty of care to all guests and will not accept anti-social behaviour. They have the right to exercise their discretion not to allow entry and/or not to serve individuals or groups alcohol and/or ask them to leave the premises.

11. This also applies to the cruise component of any tour; in compliance with the Liquor Control Act 1988 (WA), Swan Valley will refuse the boarding of intoxicated passengers (determined at Swan Valley’s sole discretion). Should any passenger be refused boarding onto the boat, that passenger will be responsible for their own transport home. Lost property will be dealt with in accordance with the Disposal of Uncollected Goods Act 1970 (WA).

12. Should you have any questions please don't hesitate to call us on (+61) 08 9325 3341 or email [email protected].

    13. A $200 non-refundable deposit is required to confirm your booking. Final payment and numbers are due 2 weeks prior to the departure date for the charter. Cancellations within 24 hours for coach only tours and within 72 hours for cruise tours are subject to a cancellation fee equal to 100% of the booking fee. A cancellation fee equal to 100% of the booking fee also applies to No Shows on the departure day.

    14. Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation, and the likelihood that we will be able to re-book the cancelled booking.

    15. Every effort is made by Swan Valley to provide the best touring experience, but we do not accept any liability for any illness, injury, delay, inconvenience, loss or damage whilst on tour where it is not caused or contributed to by the acts or omissions of Kelsian Group Limited or any of its related entities, or where it is otherwise outside the control of Kelsian Group Limited or any of its related entities.

    16. Please note that in accordance with the Liquor Control Act 1988 (WA), no alcohol is permitted to be consumed on the vehicle. Wine brought during the tour will be kept in a safe place by Swan Valley and handed back when you disembark at the end of the tour.

    17. Swan Valley is a responsible host. Please be aware that the venues also have a duty of care to all guests and will not accept antisocial behaviour. They have the right to exercise their discretion not to allow entry and/or not to serve individuals or groups alcohol and/or ask them to leave the premises.

    18. This also applies to the cruise component of any tour; in compliance with the Liquor Control Act 1988 (WA), Swan Valley will refuse the boarding of intoxicated passengers (determined at Swan Valley’s sole discretion). Should any passenger be refused boarding onto the boat, that passenger will be responsible for their own transport home. Lost property will be dealt with in accordance with the Disposal of Uncollected Goods Act 1970 (WA).

    19. Should you have any questions please don't hesitate to call us on (+61) 08 9325 3341 or email [email protected].

    20. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:

    a. to cancel your service contract with us; and

    b. a refund for the unused portion, or to compensation for its reduced value; and

    c. to be compensated for any other reasonably foreseeable loss or damage.

    21. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

    In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent possible, any liability of Kelsian Group Limited or its related entities for any loss or damage however caused (including by our negligence) which is suffered, or incurred by you:
    a. in connection with the services are limited to, at our election:
    i. the fare paid by you for those services; or
    ii. resupply of those services; and
    b. in connection with loss or damage to your luggage or belongings taken aboard the services is limited to $100.

    23. The limitation set out in clause 22 is an aggregate limit for all claims, whenever made.

    24. In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any consequential loss however caused (including by negligence) which is suffered, or incurred by you in connection with the services.

    25. To the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any loss or damage, however caused (including by negligence) which is suffered, or incurred by you in connection with:
    a. your failure to comply with these terms and conditions;
    b. events that are outside of the reasonable control of Kelsian Group Limited or any of its related entities, including where such events lead to cancellation of services or deviations or delays in the services; or
    c. the acts or omissions of any third party or independent contractor.

    26. Nothing in these terms and conditions excludes or limits Swan Valley’s liability in respect of:
    a. death or personal injury caused by Swan Valley’s negligence or wrongful act; and
    b. fraud or fraudulent misrepresentation,
    except to the extent such liability is caused or contributed to by you.

    27. You indemnify Kelsian Group Limited and its related entities against all penalties, fines, charges, losses, and expenses imposed upon or incurred by Kelsian Group Limited or any of its related entities or personnel because of your acts or omissions or the acts or omissions of a minor or any other person in your care or control.

    28. We value your privacy and our Privacy Policy forms part of these terms and conditions. Our Privacy Policy can be viewed here: Privacy Policy. Your personal information will be managed in accordance with our Privacy Policy.

    29. These Terms & Conditions are governed by the laws of Western Australia, and where applicable, the Commonwealth of Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and courts competent to hear appeals from those courts.

    30. If any provision of these Terms & Conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these Terms & Conditions in the relevant jurisdiction, but the rest of these Terms & Conditions will not be affected.

    31. Specifying anything in these Terms & Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.

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