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Perennial Living Booking Conditions

Booking Conditions of Perennial Living

Please take time to read and understand our Booking Conditions set out below prior to booking a Special Interest Experience with us.  We strongly recommend that you also read the Information Pack relating to your Special Interest Experience prior to booking to ensure you understand the itinerary, physical and safety requirements for the Special Interest Experience you are undertaking.

All bookings are made with Perennial Travel Group Pty Ltd (ABN 34 649 483 509) trading as Perennial Living (us/we/our). By booking a Special Interest Experience with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

In this document, “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

These are the agreed terms

1. Definitions

“Special Interest Experience”
means any Special Interest Experience package constituted in the services we offer.
“Special Interest Experience Services”
means our service in providing a Special Interest Experience.

2. The contract between us

2.1. Perennial Living Special Interest Experience Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.

2.2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking, and we will have undertaken to provide you with the Special Interest Experience we describe on our website or brochure (if applicable).

2.3. If we are unable to accept your booking, we will of course return your payment to you immediately.

2.4. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Competition and Consumer Act 2010.

2.5. For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by post or email. We may decline your booking for any reason and we do not have to give you the reason. If that happens, we will return your money to you immediately and in any event within 14 days.

3. Your authority to book for others

3.1. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.

3.2. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.

3.3. As lead member of your party, we will deal only with you in our correspondence.

4. What is included in the price of a Perennial Living Special Interest Experience?

4.1. accommodation as listed in the Special Interest Experience Information;

4.2. transport listed in the Special Interest Experience Information;

4.3. activities and meals as listed in the Special Interest Experience Information;

4.4. the services of a Perennial Living Guide as described in the Special Interest Experience Information.

5. Flexibility

5.1. During the summer months, when days are rated as ‘Extreme’ or ‘Code Red’ by the CFA some accommodation, wineries, restaurants, or other tour activities may choose to close their property to all visitors. The decision is usually made the day before, but can happen at short notice. Perennial Living reserves the right to alter the itinerary if this occurs or cancel the tour in the event of extreme weather conditions and bush fires.

5.2. You appreciate and acknowledge that the nature of this type of travel requires some flexibility and you should allow for alternatives. The itinerary provided for each Special Interest Experience is representative of the types of activities and weather conditions contemplated. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances, fire hazards, weather, or other events.

5.3. We reserve the right to change a Special Interest Experience itinerary after departure due to local circumstances, fire hazards, weather or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

6. What is NOT included?

6.1. travel insurance or any other insurance personal to you;

6.2. food and beverages over and above what we include in the Special Interest Experience. 

7. Special Interest Experience prices

7.1. When you make your booking, we shall ask you for a deposit of 25% of the total cost. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another Perennial Living Special Interest Experience. The balance of the price must be paid at least 14 days before the commencement date of your booked Special Interest Experience. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.

7.2. Any booking made less than 14 days prior to the commencement date of your booked Special Interest Experience must be accompanied by full payment at the time of making the booking.

7.3. Our Special Interest Experience prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our Special Interest Experience prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same Special Interest Experience have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are based on current currency exchange rates; note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 30 days before the Special Interest Experience commencement date due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the amount up to 2% of the Special Interest Experience price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the Special Interest Experience price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.

8. Special requests

Any special requests relating to your Special Interest Experience booking must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 7 days before your departure date.

9. Minimum participants required for the Holiday

9.1. As stated on our website, a minimum number of participants are required in order for particular Special Interest Experiences to go ahead. Therefore we have a right to cancel any Special Interest Experience for which there are insufficient reservations.

9.2. In the event of any such cancellation, all deposits or other payments made specifically to Perennial Living will be refunded in full.

9.3. We reserve the right to cancel any Special Interest Experience, for which there are not enough bookings, not less than 7 days prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative Perennial Living Special Interest Experience.

9.4. You agree that all these provisions are reasonable.

10. Validity

Dates and itineraries are valid from 01 April 2021 to 31 September 2021. Beyond 31 September 2021 dates and itineraries are indicative only.

11. Changing your booking

We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of $130 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements are difficult to change or cannot be changed once a reservation has been made.

12. Transferring your booking

If you would like to transfer your booking from one person to another, the following terms apply:

12.1. The transferee must satisfy any special conditions or qualifications applicable to the booked Special Interest Experience.

12.2. You must inform us about your intention to transfer your booking to the transferee at least 7 days before the Special Interest Experience commencement date in writing or through email.

12.3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.

12.4. Our administration charge for a transfer made more than 14 days before the is $130. For transfer made within 7 days before the Special Interest Experience commencement date the administration charge is $200.

12.5. Please note that some airlines, accommodation, and restaurants may treat your transfer as a cancellation and re-booking, effectively making your requirement impossible. If this happens, we will try to find an alternative option but this may cost more than the original booking.

12.6. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Special Interest Experience Service which you do not use.

13. Cancellation by you

13.1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:

more than 21 days before experience: 10% of booking cost
between 21 and 14 days before experience: 30% of booking cost
between 14 and 7 days before experience: 50% of booking cost
7 days or fewer before experience: No refund

13.2. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a Special Interest Experience for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join your booked Special Interest Experience, join it after commencement, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

13.3. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to another Perennial Living Special Interest Experience you choose. But whether we do so is in our discretion.

13.4. In any of the above circumstances, we will return any money due to you within 14 days.

Note: we strongly recommend that you have personal insurance that provides cover for the cost of cancellation and provides adequate cover against personal injury, death, medical expenses, and emergency repatriation.  We also strongly recommend you have insurance cover for curtailment, personal liability, and loss of luggage and personal effects.

14. If we cancel your Special Interest Experience or make changes

Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Special Interest Experience. If that happens the following terms apply:

14.1. We will always inform you as soon as possible about any change. If that happens you may:

14.1.1 accept the change; or

14.1.2 accept our offer of an alternative Special Interest Experience of a comparable standard; or

14.1.3 cancel your booking, whereupon we will give you a full refund of all money paid.

14.2. We may cancel a Special Interest Experience at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary.

14.2.1 If we cancel your Special Interest Experience due to reasons other than a force majeure event you will receive a full refund.

14.2.2 If we cancel your Special Interest Experience due to a force majeure event you will receive 100% credit to use for a future Special Interest Experience or a refund less unrecoverable costs.

14.3. We will not compensate you for minor changes outside our control. Examples are changes to flight times, aircraft type or different carriers.

14.4. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we feel we need to.

15. If you have a complaint

Your point of contact during the Special Interest Experience will be:

Email: owen@perennialliving.com.au, or Mobile: 0415 935 485.

If you have a problem during your Special Interest Experience it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem – for your benefit and ours. If that happens, you may lose your right to compensation.

16. Limitations on our liability

16.1. We want you to enjoy a great Special Interest Experience with Perennial Living. We shall do our best to make this Special Interest Experience special for you. Nonetheless, we must make clear the limitations in law.

16.2. We are not liable if the quality of our Special Interest Experience is reduced, due to:

16.2.1 your own carelessness or negligence in any aspect of your behaviour whilst on the Special Interest Experience;

16.2.2 medical emergencies;

16.2.3 laws, culture and standards of service and behaviour in any country we may visit;

16.2.4 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

16.2.5 some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

16.2.6 any other unusual and unforeseeable event(s) or circumstances beyond our control such as, but not limited to, extreme weather or cancellation by partner venue.

16.2.7 a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;

16.3. We contract with a network of companies, government agencies and individuals to assist in the running of our Special Interest Experiences as agent for these third parties. We are not responsible for the acts and omissions of these third parties. To the fullest extent permitted by law:- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a Special Interest Experience, or any breach of the Booking Conditions, is excluded;- you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a Special Interest Experience; and any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar Special Interest Experience to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

16.4. Refunds will not be provided in circumstances such as, but not limited to, missed transfers, change in transfer time or location, inability to attend, and other related issues.

16.5. Customers are liable for any and all damage to property including, but not limited to, Perennial Living property and vehicles, as well as any and all third-party property and vehicles. A van cleaning fee of no less than $100 will be applied. Any damage to vehicles or other property will be assessed by a mechanic or insurer chosen by us or our partners, and customers will be liable for costs as determined by us, our partners, or insurance providers. Customers may also be liable for lost income, bookings or other associated factors in such events.

16.6. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.

16.7. The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Special Interest Experience, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly we are not liable to you for any happening in connection with that service or goods.

16.8. It is a condition of this contract that you take out a policy of travel insurance for every Special Interest Experience outside Australia. You alone are wholly responsible for arranging your insurance. Your period of cover should start no later than the date you make your booking with us.  Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24 hour emergency contact number on the first day of your Special Interest Experience; you will not be able to join the Special Interest Experience without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.

17. Passport, visa and immigration requirements

It is extremely important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that Special Interest Experience, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

18. Help we need from you

Your information pack will provide details about your chosen Special Interest Experience, but the following are contractual matters:

18.1. Perennial Living Tours are restricted to customers 18 years of age and over. Customers must be able to prove they are over18 years of age to consume alcohol at wineries using approved identification. Wineries do not have BYO licenses therefore you may not bring you own alcohol for consumption.

18.2. Most Perennial Living Special Interest Experiences require reasonable physical fitness and appropriate and safe footwear. You should be prepared to walk up to a couple of kilometres a day, sometimes on uneven, slippery or industrial manufacturing surfaces.

18.3. In order for us to confirm your travel arrangements you must provide all requested details with the balance of the Special Interest Experience price. Necessary details vary by Special Interest Experience; they may include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding Special Interest Experiences we also require you to complete and forward a Self-Assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your Special Interest Experience.

18.4. There is no drinking of alcohol permitted within our vehicles and if caught doing so, customers will be requested to refrain immediately to avoid further actions. Drinking alcohol on board our vehicles does not comply with local laws or our Public Liability. If the customer continues to disregard the request to refrain from drinking alcohol, acting unruly or disturbing others on board the vehicle then Perennial Living will stop the tour immediately and arrange for transport to have the customer/s dropped back to their pick up location at the cost to the customer. No refunds will be given to those customers in the event the tour is stopped for these reasons mentioned.

18.5. Legislation requires that seat belts must be worn at all times in Perennial Living vehicles.

18.6. Wineries have the right to refuse service and refuse admission. Elevate Wine Tours will not be held responsible for any damage caused intentionally or otherwise to people or property/venues and the passengers and / or organiser will be held liable to cover any additional costs incurred.

18.7. Our group Special Interest Experiences are run by a Perennial Living Guide. The decision of the Perennial Living Guide is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the Special Interest Experience. If you fail to comply with a decision made by the Perennial Living Guide or interfere with the well-being or mobility of the group, the Perennial Living Guide may direct you to leave the Special Interest Experience immediately, with no right of refund. We may also elect not to carry you on any future Special Interest Experiences booked. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.

18.8. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.

18.9. To satisfy the majority of our clients, we apply “no smoking” rules in the same way that they are applied by law in Australia.

18.10. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Special interest Experience.

19. Terms and conditions of third party providers

Many of the services we provide, including options which may occur from time to time during your Special Interest Experience, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.

Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

20. Severability

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

21. Miscellaneous matters

21.1. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

21.2. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

21.3. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

21.4. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

21.5. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

21.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;

21.7. The validity, construction and performance of this agreement shall be governed by the laws of State of New South Wales and the parties agree that any dispute arising from it shall be litigated only in that State.

22. Registered address

Unit 3 32 Arcadia Street, Coogee, NSW 2034, Australia