Cycling has inherent risks and dangers. It involves a degree of physical exertion and physical risk. Tour de Vines, as the supplier of recreational services, provides the following statutory warning/limitation of rights:
Whilst travelling with Tour de Vines the participant agrees to accept the authority of the tour leader. Travelling in a group involves compromise and acceptance of the tour leader’s decisions, which are final. The participant understands and agrees that the leader may in his or her absolute discretion decide not to permit any participant to commence, continue or complete a tour, and that this shall not result in any refund or compensation to the participant.
Participants understand that during a Tour de Vines tour, certain events may occur including but not limited to accident, illness and forces of nature. Participants agree to assume all risks associated with the tour to the maximum extent permitted in law. In the event of any medical or evacuation event, expenses incurred due to injury or illness are the responsibility of the participant. Tour de Vines reserves the right to refuse a participant to complete the tour as it sees fit.
Other terms and conditions of a Tour de Vines tour include but aren’t limited to the following:
i.For multi day/night tours, a non-refundable $100 deposit is required to secure tour date/s, with full payment of the balance by no later than 90 days before the tour departure date. Non-payment of the balance inside 30 days from departure, cancellation or non-departure by the participant may result in loss of deposit, in the sole discretion of Tour de Vines. Single day tours and bike hire require payment in full at the time of booking and the provision of credit card details as a security deposit.
ii.For multi day/night tours, date changes requested by the participant may result in loss of deposit or booking or both, or the addition of a rescheduling fee, in the sole discretion of Tour de Vines. Typically the reschedule fee is $A100 per person. Date changes must be received in writing. Other changes to existing bookings may also incur ‘change fees’ up to $A100 per change including but not limited to changes to bike hire, changes to transfer arrangements, changes to group numbers, changes to dietary requirements and other material elements of a tour (particular reference will be given to how close the changes are requested to the tour departure date).
iii. Cancellation on multi-day tours by the participant will be treated using the following guidelines and must be received in writing or via email (phone cancellation will not constitute a cancellation):
Days before departure Cancellation fee per participant 91 or more Full refund (transfer policy can be applied, see below) 90 – 61 Full deposit 60-31 50% of tour price 30 – 0 100% of the tour price; 20% of the tour price may be placed on account to be used for travel prior to December 31 of the following year.
iv. Cancellation or reschedule of day tours by the participant will incur a $50 fee per person, and must be received in writing. Cancellation by participant of a day tour booking inside 48 hours of departure or 72 hours if tour is booked for a weekend or public holiday, will result in a loss of booking. Change of tour details will incur a $10 fee per booking if the booking proceeds on the same day/date.
v.Tour cancellation by the operator Tour de Vines in the event of unforseen circumstances, including but not limited to forces of nature, will result in full refund of all deposits and booking payments, without commitment to providing an alternative tour, less any costs incurred to third party suppliers that have already been paid and are non refundable by the supplier. Tour cancellations will occur in the event of fire hazards, electrical storms, flooding or any other potentially hazardous weather or other event. Intermittent or occasional rain is not grounds for operator tour cancellation.
vi. Prices for group tours as quoted on the website are available for single group bookings only. That is, the discounted rate is available for a single booking for the entire group. Individual bookings even if part of a larger group will be subject to the relevant rate as quoted on the website.
vii.Tour de Vines reserves the right to provide alternative tours varying those advertised and booked by participants, depending on circumstances. Variations include but are not limited to accommodation, locations, length of tour, shortening, re-routing and other elements of the tour, without the need for participant agreement, and are not subject to refund, compensation or price reduction for the participant.
viii.Participants agree there is a certain level of physical effort required to complete the tour. Participants not willing to undertake such physical effort may not be subject to refunds or reductions or compensation in the event of being unable to complete the tour or any part of it.
ix. For group tours, all participants must be over 18 years of age at the tour departure date. For self guided tours, booking participants take all responsibility – including the non-provision of alcohol and safe cycling during the full duration of the tour – for any participants under the age of 18.
x.All participants are strongly encouraged to have personal medical and travel insurance covering personal accident, medical, repatriation and personal liability.
xi.The participant releases Tour de Vines from any action, claim, suit, demand, cause of action, loss or damage that the participant has or but for his or her signing this document may have had against Tour de Vines arising from any act or omission of Tour de Vines, its servants, agents, employees and other participants in the tour.
xii.The participant indemnifies Tour de Vines, its servants, agents, employees and other participants in the tour from any action, claim, suit, cause of action, loss or damage that may be brought against Tour de Vines, its servants, agents, employees, other participants in the tour or any third parties arising from any act or omission of the participant, including but not limited to breach by the participant of any of these terms and conditions.
xiii. Tours are operated by Tour de Vines ABN 63 535 427 339
AUSTRALIAN CONSUMER LAW AND FAIR TRADING REGULATIONS 2012, SCHEDULE 3 Regulation 6: Warning under the Australian Consumer Law and Fair Trading Act 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Cycling has inherent risks and dangers. It involves a degree of physical exertion and physical risk. Tour de Vines, as the supplier of recreational services, provides the following statutory warning/limitation of rights: Whilst travelling with Tour de Vines the participant agrees to accept the authority of the tour leader. Travelling in a group involves compromise and acceptance of the tour leader’s decisions, which are final. The participant understands and agrees that the leader may in his or her absolute discretion decide not to permit any participant to commence, continue or complete a tour, and that this shall not result in any refund or compensation to the participant. Participants understand that during a Tour de Vines tour, certain events may occur including but not limited to accident, illness and forces of nature. Participants agree to assume all risks associated with the tour to the maximum extent permitted in law. In the event of any medical or evacuation event, expenses incurred due to injury or illness are the responsibility of the participant. Tour de Vines reserves the right to refuse a participant to complete the tour as it sees fit.
A provisional booking on any holiday may be made by telephone, fax or e-mail and will be held for 7 days if more than 90 days before the start of the holiday. On receipt of personal details and a non refundable deposit of $A400 per person, the booking will be confirmed via email, together with a receipt for the deposit and the payment terms for the balance. The balance must be received by Tour de Vines at least 90 days before the tour start date. Where a booking is made within 90 days of departure, the full amount of the holiday cost must accompany the completed booking form. Payment should be made credit/debit card or by cheque payable to ‘Tour de Vines’. Full payments not received prior to 90 days before tour departure date may jeapordise a reservation on a tour, particularly in the event of other bookings that are fully paid.
Changes to bookings and refunds
If you need to change your booking after the booking has been confirmed, such as change the date required, Tour de Vines will do its best to meet with your requirements if you inform us in writing. However, if the alterations requested are not possible, we reserve the right to apply cancellation charges if the change is made within 90 days of departure. Bookings may be transferred to another person if desired, and the new booking will be confirmed on payment of an administration charge of $A50. If, after the start of the holiday (which for this purpose means the starting date as stipulated in the itinerary) you wish to change the itinerary, accommodation, duration or any other material aspect of your holiday, Tour de Vines Limited cannot accept liability for any loss, damage or additional expense that you may incur and no refunds will be made.
If you need to cancel a booking for whatever reason once it has been confirmed, cancellation will become effective upon receipt of written notification from you, and the following cancellation charges will be due:
• More than 90 days before start of the holiday— deposit only
• Between 4 and 12 weeks before the start of the holiday—33% of total holiday cost
• Between 2 and 4 weeks before the start of the holiday—50% of total holiday cost
• Between 72 hours and 2 weeks before departure date—75% of total holiday cost
• If you cancel your holiday 72 hours before, or after the commencement date, 100% of the cost will be payable and no refund will be made.
Tour de Vines uses 3rd party operators for tour operations in France. Tour de Vines reserves the right to use operators to best meet the needs of the stated tour, and this may change from time to time. Tour operators do take bookings from other tour sellers in Australia, and overseas, as well as directly, so participants need to be aware not all customers on tours will be from Tour de Vines.
The operators used by Tour de Vines are French Cycling Holidays (based in the UK) and Ride and Seek (based in Australia), and may include other operators as and when required.
Changes to holidays
If we need to make material changes to the content or terms of the holiday as published before the start of the holiday we will notify you as soon as is practicable. If you are not happy with the changed holiday details you may transfer to another trip without charge if space is available. Alternatively, you may cancel your booking and we will refund in full any moneys already paid, as a full settlement.
If we cancel your booking
If we have to cancel a booking we will offer an alternative holiday if possible. If this is not possible or acceptable to you we will refund in full any moneys already paid, as a full settlement. We will endeavour to notify you of any cancellation at least 5 weeks before the holiday start date. If a customer fails to make payment or by his or her behaviour necessitates the termination of the holiday, Tour de Vines reserves the right to cancel the booking, without any obligation to refund or make alternative arrangements. Tour de Vines reserves the right to refuse a booking from, or to continue to provide services to any person if by their conduct or actions they adversely affect the enjoyment of the holiday by other persons, and will be under no liability for any costs incurred as a result.
The cost of each trip is based on accommodation in twin — or double — bedded rooms. Those requesting single rooms will be charged a single room supplement. Whilst we will endeavour to find suitable room-mates for single travellers wishing to share, we cannot guarantee that a suitable share will be available, and if this is the case the supplement will be payable.
Clients taking part in Tour de Vines Limited tours do so at their own risk, and if there is any doubt about their fitness or ability to take part in an activity based holiday they should consult their physician.
A full valid passport is required for visiting France. All participants need to check their own ability to enter France based on their own passport and nationality. Tour de Vines is not liable to refund participants based on inability to enter France.
It is a requirement of taking part that the participant has travel insurance that covers cycling in France. Participants to tours will asked to provide policy numbers and contact details of the insurance provider before starting the tour
Please note that Tour de Vines cannot accept responsibility for any loss or damage to your personal property, luggage or other possessions, nor for any other loss, damage, inconvenience, delay, illness, fatal or other injury suffered by you as a result of making a reservation with us, unless it can be shown that the company is in breach of its contractual and legal duty. In the event of you accepting any payment from Tour de Vines, where it involves responsibility of a third party, this will be made on condition that you assign to Tour de Vines your rights to claim in your place, and that you fully cooperate if we wish to enforce those rights.
Operator/s Tour de Vines uses 3rd party operators for tours in France. Tour de Vines reserves the right to use operators to best meet the needs of the stated tour, and this may change from time to time. Tour operators do take bookings from other tour sellers in Australia, and overseas, as well as directly, so participants need to be aware not all customers on tours will be from Tour de Vines.
The operators used by Tour de Vines are Experience Plus (based in Italy) and may include other operators as and when required.
Reservations & Payment: A deposit of $A400 per person reserves space on a tour. Full payment is due 90 days before commencement of the tour. (Late reservations will be taken if space is available.) The tour price is based on double occupancy and includes the services specified in the itineraries plus optional activities listed. Prices do not include services and meals not listed specifically in the itineraries, passports or other travel documents, air or other transportation to and from tour start and ending points (unless otherwise stated in tour itinerary), vaccinations where required, or personal expenses such as laundry, medical insurance, and communications.
Cancellations by You & Refunds: We highly recommend that you purchase travel insurance, including trip cancellation/interruption insurance. All cancellations must be received in writing or via confirmed email. A minimum $150 handling fee per participant will be retained for all cancellations.
The following table explains cancellation fees for all tours:
Days before departure Cancellation fee per participant 91 or more $150 (transfer policy can be applied, see below) 90 – 61 Full deposit 60-31 50% of tour price* 30 – 0 100% of the tour price; 30% of the tour price* may be placed on account to be used for travel prior to October 31 of the following tour season**
Photographs: By reserving space on tour, you agree that Tour de Vines & ExperiencePlus! Bicycle Tours may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travellers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicising our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.
You can register in writing by mail, fax, Internet, or by email. If you register additional participants, your contract encompasses the contractual responsibilities for all the participants you registered. By registering, you are offering us a binding travel contract. The contract is finalised through our confirmation. Any additional arrangements or changes to the set contract must be made in writing.
A deposit in the amount of $A400 is due at the finalisation of the contract. With the deposit and the finalisation of the contract, you will receive an insurance notice protecting you, as required by German law, from insolvency of the tour operator.
The remainder of the payment is due 90 days before the start of the trip. After booking you will receive a confirmation by email with dates and amounts. This is also a part of the travel contract and needs to be read carefully as it contains the most up-to-date information about the trip.
The foundation upon which the trip is organised is the description of the services, which is available in the brochure, in official pamphlets and on our website, and confirmed in your travel contract. Alterations that become necessary after the finalisation of the contract and that are made in good faith are permitted if they are not substantial, and do not change the overall character of the trip. We assume no liability for information in the brochures.
If the minimum number of participants required for a trip is not met (18 participants for bus and boat trips, unless otherwise noted), we reserve the right to cancel it. The decision about the trip taking place or not will be made as early as possible; at least three weeks before beginning of the trip. In case of trip cancellation all payments made will be fully refunded. There can be no additional claims made against us. As the tour operator, we have the right to cancel the tour if the trip is jeopardised, made difficult, or impaired due to an act of God.
Cancellation and changes in reservations by customers
You can withdraw from the travel contract up until the beginning of the trip. Your cancellation is valid when your written notification reaches us. If you cancel before the 90th day before the start of the trip, we will refund the amount paid so far, minus a cancellation handling fee.
Our cancellation fees are:
– 90 days or more before the beginning of the trip: Full refund
– 89 – 61 days before the trip begins: 20 % of the trip price
– 60 – 31 days before the trip begins: 50 % of the trip price
– 30 – 1 days before the trip begins: 100 % of the trip price
If you cancel on the day of the trip or if you do not appear for the start of the trip, we charge the full trip price. If you miss the start of the trip or are prevented from traveling due to incomplete travel documents, this will be considered as a cancellation.
a) If two people have booked a double cabin together, and no replacement can be found to fill the space of the withdrawing candidate, we maintain the right to charge the remaining participant the corresponding accommodation surcharge, or if possible, to relocate them otherwise.
b) Reservation changes are handled the same way as cancellations. For changing your reservation, we will charge $50 changing fee for changes made 28 days or more before the beginning of the trip. This also includes changes at minor relevance like hotel stays, transfers, bike hire etc… Any later changes (if possible) will need to be handled as a cancellation and new registration. Cancellation and reservation change fees may apply.
Cancelation of the Travel Agreement by the Tour Operator
After an initial warning, Radurlaub ZeitReisen is entitled to cancel the travel agreement with immediate effect if a participant jeopardises the wellbeing of other participants on the same tour.
We are liable within the scope of a merchant’s duty of care for diligent trip preparation, careful selection and supervision of participating agencies, accuracy of service and activity descriptions, and standard provision of the services agreed upon. Our liability for damages other than personal injury is limited to three times the cost of the trip, provided the damages are neither intentional nor due to gross negligence. This limitation is still in effect if we are responsible for the damage due to the fault of a service provider. If we are solely procurers of foreign services, we are liable only for proper procurement, not for the services. We are liable for damage or loss of luggage up to the amount of 250 € only if the damage was caused by us and was indicated to us immediately. Scratches on luggage, torn luggage handles, and damaged wheels are excluded from any liability. Upon delivery of luggage at the accommodation facilities, the liability is transferred according to § 701 BGB to the officer of the accommodations. Services that were not made use of will not be reimbursed.
To ensure that bike panniers remain water proof they have to be closed tight. Although panniers are manufactured from waterproof material Radurlaub Zeitreisen GmbH cannot be held liable for any damage that might be caused to any personal belongings like mobile phones, cameras ect.
A vacation that involves exercise and physical activity requires greater commitment than a conventional package tour. It is your duty to make certain that you are up to the physical challenges of such a trip. The pre-condition for a bike-tour is that you are able to handle a bicycle in street traffic and on unpaved paths under any weather conditions. If you rent a bike, it is your responsibility to check the condition of the bike, particularly the brakes. You bear sole responsibility for adhering to all legal regulations at home and abroad, particularly regulations about travel documents and cross-border trade. When traveling across the exterior borders of the EU, your luggage must remain unlocked, to facilitate passage through customs. If your baggage is searched, you will be notified about it upon arrival at the destination. If problems with the procurement of the services occur, you are required to help within the scope of legal regulations, in order to avoid potential damages or keep them at a minimum and report any complaints to us immediately.
Duty of Care
During the duration of the trip, you are liable for damages to or the loss of bicycles, e-bikes and equipment provided to you. With the bicycle insurance offered by us you can insure yourself against the aforementioned risks. This does not cover damages or losses caused by gross negligence or intent.
You can demand redress if the trip services are not rendered according to the contract. This can be solved by us providing compensation of equal or greater value. In the case of disproportionate effort, corrective action can be denied. For the period in which the services that have not been rendered according to contract, you can request a reduction in travel price after your return. The pre-condition for this is the immediate notification of our deficiencies or those of our tour guides, so that we have the opportunity to find a remedy. Tour guides are not authorised to recognise claims. Independent of a reduction in travel price, you can demand compensation due to non-compliance with the travel contract, unless we are not responsible for the defect.
Limitation of claim
Claims must be made in writing within one month of the contractual end of the trip. The statute of limitation for claims based on the contract expires six months after the contractual end of the trip. The statute of limitations for all claims of civil offence expires three years after the end of the trip.
Privacy of Personal Information
All personal information that you give us for the processing of the trip is protected against misuse under the General Data Protection Regulation.
We urge you to consider effective travel cancellation cost insurance. Before the trip, please also find out about your medical and accident insurance and about luggage insurance or travel liability insurance, if necessary.
Passport, Visa and Medical Regulations
It is your responsibility to inform yourself of, and to conform to, local and international rules and regulations, especially in regard to travel and import/export, whilst taking part on any of our tours. You are liable for any expenses and/or drawbacks which may arise as a result of your failure to do so. We do however try our very best to keep our clients up to date with the latest travel regulations.
The nullification of individual clauses in the travel contract or the travel terms does not result in the nullification of the entire contract or the travel terms.
Court of Jurisdiction
The court of jurisdiction is Konstanz, Germany.
Radurlaub ZeitReisen GmbH, Max-Stromeyer-Str. 57, D-78467 Konstanz
Tel +49 (0)7531 36186-0, Fax +49 (0)7531 36186-11, E-Mail [email protected]