AMBLER TOURING | TERMS AND CONDITIONS
In these Terms and Conditions, unless the context otherwise requires:-
‘The Company’ means The Trustee for Goodlife Endeavours Trust trading as:
- a) Ambler Touring Services
- b) Adelaide Hills Ambler Touring
‘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 authorised 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.
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.
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 authorised 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.
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.
The price of the services provided by the Company are as specified in the Reservation. However, such price is provided as a guide only and may vary due to changes in demand, surcharges, fees or taxes.
The price may change at any time up to thirty (30) days before the services are to be provided even if the quoted price has already been fully or partly paid.
Pricing shown is a guide only and is valid for travel commencing 1st January 2015 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 Ambler Touring for unforeseen omissions or misrepresentation by any third parties.
Our itineraries are formulated to suit the requirements of our travellers. 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 traveller 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.
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
Should the Agent or Customer delay or default in respect of any payment due to the Company, the Company shall have the right, in addition to all other rights and remedies the Company has:
to charge a late payment administration fee equal to AUD$30.00. Such payment will be charged to the Customer upon failing to make full payment by the due date.
to charge interest at a rate equivalent to three per centum (3%) in excess of such rate charged from time to time by the Company’s bank for overdrafts. Such interest shall be calculated from the date payment was due to the date of full payment by the Customer.
Any payment made by the Agent or Customer, after the due date, will first be credited against the late payment administration fee and interest accrued to the date of payment.
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.
If an Agent or Customer wishes to pay by credit card, they must advise the Company of their intention at the time of making a Reservation and the Company reserves the right to charge a non-refundable credit card processing fee equal to three percent (3.00%) of the amount charged on the credit card.
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.
A strict cancellation fee will be applicable to compensate for costs and losses due to the extensive organisation 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: Ambler Touring 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. Ambler Touring 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 authorised 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 thirty (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 authorised to retain the deposit towards payments outstanding and payable to the Company pursuant to these Terms and Conditions.
CONDITIONS OF TRAVEL
Ambler Touring reserves the right to alter the route or itinerary of any of its tours and arrange alternative carriers if necessary. Ambler Touring 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.
Whilst we make every effort to safeguard our passengers, Ambler Touring 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. Ambler Touring also assumes no responsibility for any negligence, act or omission whatsoever by any person.
MINIMUM PASSENGER NUMBERS
Tours require a minimum number of 2 passengers to operate. Minimum passenger numbers may differ dependent on vehicle size. Vehicle/s and operators and are subject to change at any time. In circumstances where minimum numbers are not reached an alternative may be offered or a smaller vehicle used.
CHILD POLICY/AGE RESTRICTIONS
Safety accredited seating such as booster seats/restraints for children are not provided, 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 Ambler Touring. All children must pay full adult fare. Children under 18 years of age are not permitted to travel unless accompanied by an adult. Ambler Touring reserves the right to not accept children on tours due to safety concerns.
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 recommend 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. Ambler Touring 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 sanitise the vehicle, will be required to pay all reasonable cleaning and sanitising 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.
Ambler Touring is not a common carrier and therefore can refuse to carry a person whose behaviour is detrimental to the enjoyment of the group. By travelling with Ambler Touring, 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 behaviour 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.
All requests for Reservations by authorised 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.
It is compulsory to reconfirm tours at least 24 hours in advance. Failure to do so may result in the booking being cancelled. Telephone within Australia: 0414 447 134
PO Box 1115
Mt Barker SA 5251
t: 0414 447 134
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 endeavour 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, utilise 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.
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 utilise or take possession of the aforementioned goods and services.
NOTE: We recommend that you take out travel insurance to provide protection against loss due to illness, injury, loss of luggage and cancellation of travel.
Gift Vouchers are provided by the Company on request of the Customer for the provision of a specific service or monetary value at a future, undisclosed date and time, but in any event within six (6) months of the date of purchase.
Customers who purchase gift vouchers may transfer ownership of the gift voucher to another Person, whereby that Person becomes jointly bound by these Terms and Conditions.
The Customer is to pay in full, for any gift vouchers requested, prior to their dispatch by the Company.
Gift Vouchers are non-refundable and / or convertible to cash.
Customers must surrender the Gift Voucher to the Company, prior to the commencement of the provision of service.
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 authorised by the Company.
The Company maintains copyright to all materials, intellectual property, research data, photographs, itineraries, publications, website and other publications and the unauthorised reproduction of such material is strictly prohibited.
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
In the event that the Company has a dispute with the Agent or Customer, which is not resolved to the Company’s reasonable satisfaction, then the matter shall be referred to an independent international arbitration service in Australia, as listed in 21.5 of this clause:
The independent international arbitration service for all disputes involving the Company will be the duly authorised and appointed Adelaide representative of:
Name: Chartered Institute of Arbitrators (Australia) Limited
Address: Level 6 / 50 Park Street Sydney 2000, Australia
Telephone: (02)9267 1513
Fax: (02)9267 3125
The party seeking further resolution to any dispute, shall be liable to pay all upfront costs imposed by the international arbitration service in the performance of its duties.
In all cases the findings and recommendations of the independent international arbitration service will be final and binding on all parties in the matter.
This Delivery Details Policy governs the manner in which Ambler Touring Services processes online orders for delivery.
SECURITY OF CREDIT CARD INFORMATION
We do not store any credit card numbers for any payment made through this web site. The real time eCommerce system allows us to accept a card number, process it, and record only the details of the transaction (success or failure, amount), never the card number. If you at any time believe that your credit card number or transaction has been compromised in any way, please notify us immediately.
Industry standard 128-bit SSL (secure sockets layer) is utilised for transaction submission to the gateway. From there the data is encrypted using 1024-bit RT4 for key exchange and 3DES (triple 56-bit keys) for transaction submission through to the australian banking network over SSL once again.
TYPE OF INFORMATION
Clients’ personal information is usually collected through information provided by you on your client cards and through promotions, competitions and consumer queries. The information may include:
* your name, postal address, contact number(s) and email address
* information about your preference for products or services we offer from time to time
* information on any health conditions you may have
* your credit card details
* information on the products and services we have provided to you
* details of any prizes you may have won
* a record of any queries you have made
Ambler Touring may use ‘cookies’ on our website. Cookies are an industry standard and most major websites use them. A cookie is a small text file that our website may place on your computer. Usually, cookies are used as a means for our website to remember your preferences. As such, cookies are designed to improve your experience of our website.
In some circumstances, cookies may collect and store personal information about you. Ambler Touring extends the same privacy protection to your personal information, whether gathered via cookies or from other sources. Most internet browsers are pre-set to accept cookies however you can adjust your Internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas of our website or take advantage of the improved website experience that cookies offer.
DISCLOSURE AND USE OF INFORMATION BY THIRD PARTIES
Except where you are otherwise notified, Amble at Hahndorf does not sell, rent or otherwise make available any personal information to third parties.
Ambler Touring takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to date. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you contact us and:
* let us know if there are any errors in your personal information; and
* keep us up to date with changes to personal information such as your name and address.
Ambler Touring Pty Ltd
Unit 1 / 1 Symonds Drive, Mt Barker South Australia 5251
Contact Roger on: 0414 447 134
“Local Touring with Personalised Itineraries”
Adelaide Hills Ambler is a Licenced Private Chauffeur providing exclusive experiences in touring around South Australia
ABN: 49 685 788 554
ACN: 133 213 564