Terms and Conditions

Terms and Conditions


Welcome to the Heavenly Tours (ABN 65 342 898 022) ACC:39900

Heavenly Tours is a fully Accredited Licensed and Insured Tour Operator Heavenly Tours operates under the Transport N.S.W, BOAS, Long Distance Tour and Coach operator Terms used: "us" or "we" "Heavenly Tours" "Terms and Conditions).

To you on the following terms and conditions (the "Terms"). It is important that you read and understand the following Terms. By placing a booking and/or continuing to use and access the Site, you are deemed to have accepted the Terms, as may be amended from time to time as there is usually updates to this site.

Heavenly Tours reserves the right to effect changes to these Terms by posting the amended Terms on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms, do not use or access the Site.

Certain legislation in Australia may provide consumer guarantees or impose obligations on Heavenly Tours Site which cannot be excluded, restricted or modified, or only to a limited extent. These Terms are subject to such legislation, including without limitation the Australian Consumer Law.

This Site is only directed at customers of legal age. By accepting these Terms you warrant that you are 18 years of age or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use or access this Site or place a booking through this Site.



Tours



Please Note:
1) There is strictly No open Alcohol, or Alcohol bought onto the Bus,or Drinking of alcohol on the Bus; this is illegal and fines do apply;
(Winery Purchases permitted but not opened)
2) No intoxication: cellar doors will not serve anyone intoxicated; un-ruly, Volga or agitated persons will be removed off the Bus, taken or sent home by taxi at their own expense, extra charges will apply:
3) If anyone is sick on the Bus, there is a cleaning fee of $750 chargeable on the day;
4) Any Damages occur in the Bus or to the Bus, must be paid for;
Charges apply

Booking Products via the Heavenly Tours Site.

The Site is a search engine for tours and events in the Hunter Valley and Port Stephens region.
Heavenly Tours is the Complete Owner of this site, Products and Services advertised on this site, for the Terms and Conditions you must agree to and understand those terms.
The display on the Site of any Tourism Products and Services or any Tourism Provider does not in any way imply, suggest, or constitute a recommendation, adoption or endorsement by Heavenly Tours of that Tourism Product and Service or that Tourism Provider.
Heavenly Tours content made available by or obtained from Tourism Providers. Heavenly Tours is in no way responsible for the accuracy, timeliness or completeness of such content.
Heavenly Tours is a fully Licensed and Insured transport and tour Operator. If you make a booking through the Site for Tourism Products and Services that are advertised on this site, that booking is made with the Tourism Provider named on the advertised page and the Site only acts as a user interface. Accordingly Heavenly Tours has no responsibility for the booking or the Product or Service as Heavenly Tours has no involvement in the description of the Product or Service, the price and any fees related to the Product or Service, or in providing the Products and Services that you book or purchase through their advertised site. If you have any issues or disputes around your booking and/or the Products and Services, you agree to address and resolve these with the Provider and not with Heavenly Tours.
By submitting or inquiring about a booking you warrant that:
a) You are over 18 years of age, capable of entering into a legally binding contract with Heavenly Tours for the Tour you are interested in.
b) You are authorized and able to make payment via the method you have chosen,
c) The information you have provided is correct, and
d) Your purchase is not made for the purpose of commercial resale.
e) Your purchase is not made in any fraudulent manner.
Confirmation of you booking will only be made and locked in once a verbal Confirmation is made and / or a non refundable deposit is made.



Payment



All prices are in Australian Dollars and are inclusive of GST, unless otherwise indicated.

Payment can be made with valid credit cards (Visa, Mastercard, Cash Transfer, or payment on pick up).

Payment in full can be made at the time of booking, a receipt will be email to you at the same time.



Amendment and Cancellation Policy



Where you have a Confirmed Booking for Tour:
a) If you cancel more than 14 days prior to your arrival date, you will be charged a cancellation fee of $50.00;
b) If you cancel within 7 to 14 days prior to your arrival date, you will be charged a cancellation fee of 50% of the total Tour booking; and
c) Except where required by legislation, Heavenly Tours does not refund for cancellations made within 7 days of your Tour date.



Intellectual Property



1. All photo's and other information available on the Site are owned by or licensed to Heavenly Tours and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the Site and in materials accessed through the Site. We grant you a non-exclusive, non-transferable license to access and use the Site for personal, educational and non-commercial use as permitted by these Terms.
You must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorized in writing by us and, where relevant, any third party owner or rights holder.
Unless we notify you otherwise in writing, you are not authorized to use any trademarks belonging to Heavenly Tours, or any third party, Advertized trademarks contained on the Site.
Before sharing any content or information on the Site, please ensure that you have the right to do so. You must not use or reproduce any material which is protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials
Any advertised Company's on this site are protected by their own terms and Conditions, you must please read and abide by their Terms and Conditions.



Right to Link this Site



You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Heavenly Tours so long as the link does not portray Heavenly Tours or our products or services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Heavenly Tours. You may not use any Heavenly Tours logo or other proprietary graphic or trademark as part of the link without express written permission.



Third Party Links and Content



The Site, or communications you receive from the Site, may link to third party Sites or provide third party content that Heavenly Tours dose not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.

Any advertised Company's on this site are protected by their own terms and Conditions, you must please read and abide by their Terms and Conditions.



Warranties and Liability



Except for those required or implied by legislation and which cannot be excluded, Heavenly Tours gives no express warranty in relation to your access and use of the Site, or any products or services purchased through this Site. Your access and use of the Site is at your own risk. All content and any products or services sold on the Site are provided “as is”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Heavenly Tours does not warrant or make any representations of any kind with respect to the content or any other feature or function of the Site, including without limitation:
a) that your access to the Site will be uninterrupted or error-free;
b) that any defects will be corrected; and/or
c) that the Site or the server which transmits content to you is free of any viruses or other harmful components.
While we have made every effort to ensure that information on the Site is free from error, Heavenly Tours does not warrant the accuracy, adequacy or completeness of any content on this web site. All information is subject to change without notice.
Except to the extent the law provides that liability is not able to be excluded, in no event will Heavenly Tours or advertising sites on this site and their respective employees, assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site, or from any product or service purchased through this Site
Heavenly Tours reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.
You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with:
a) any products and services purchased by you from this Site;
b) your actions in accessing or using the Site;



Disclaimers



Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

Use of the Site and the Tourism Products and Services is at your own risk. The Tourism Products and Services and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Heavenly Tours make any express or implied representation or warranty about the Tourism Products and Services referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

b) the accuracy, suitability or currency of any information on the Site or the Tourism Products and Services (including third party material and advertisements on the Site); and

c) costs incurred as a result of you using the Site, the Tourism Products and Services or any other services provided by Heavenly Tours.

The Site may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites. To the maximum extent permitted by applicable law, Heavenly Tours does not warrant or endorse and will not have any liability to you or any other person for any third party services, content or web sites which are provided solely as a convenience to you.

Because we do not control interactions among between you and Advertised Providers and because we cannot guarantee the background experience or qualifications of Advertised Providers, you agree that you bear all risk and you agree to release us (and our affiliates, directors, officers, employees, agents, contributors and licensors) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Tourism Products and Services.

Heavenly Tours has no control over the quality, safety or legality of the items or content posted on the Site by any advertised Providers. We cannot censure and do not guarantee that any advertised Providers will actually complete a transaction or act lawfully in providing the Advertised Products and Services. Heavenly Tours is not responsible for any inappropriate or unlawful actions that you may encounter in connection with your use of the Tourism Products and Services.

Heavenly Tours is not a referral service. Heavenly Tours does not select or endorse any individual any advertised Provider. While Heavenly Tours uses commercially reasonable efforts to verify that the any advertised Providers, it does not make any warranty, guarantee, or representation as to the ability, competence, quality or qualifications of any any advertised or Tourism Providers. Heavenly Tours encourages you to make all necessary inquiries and satisfy yourself as to whether the Tourism advertised providers meets your requirements and objectives. Under no circumstances shall Heavenly Tours be liable for any damages whatsoever as a result of losses caused to you by any person or entity that you engage as a consequence of using the Site.

Privacy



Your privacy is very important to us.
These Terms must be read in conjunction with our Privacy Policy. We undertake to comply with the terms of our Privacy Policy.
You acknowledge and agree that personal information, health information and sensitive information you submit to us on the Site will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.



General



You must not assign, subsidence or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforce ability of the remaining provisions.
These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in this Terms.
Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.
These Terms are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.