Coombe Tours T&C's
Terms and Conditions for Coombe Yarra Valley tours
Samarkan Pastoral Co Pty Ltd (A.C.N 005 246 640) trading as Coombe Yarra Valley (Coombe Yarra Valley or we)
All Booking Confirmations which Coombe Yarra Valley issues for its Tours are issued subject to these Terms and Conditions. By accepting a Booking Confirmation and/or attending any Tour you and any Other Tour Attendees agree to be bound by and comply with these Terms and Conditions.
In these Terms and Conditions, the following terms have the following meaning:
- “Australian Consumer Law” means Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- “Booking Confirmation” means the booking confirmation for the Tour which we provide you with.
- “Claims” means any and all legal proceedings, actions, suits, causes of action, proceedings, claims, accounts, demands, debts due, costs payable and expenses whether or not currently known or made and whether or not presently in existence.
- “Event of Force Majeure” means any act, event or cause not reasonably within the control of the Parties and which, by the exercise of reasonable diligence, the Parties are unable to prevent or overcome including, but not limited to, acts of God, strikes, lockouts and other industrial disturbances, acts of the public enemy, acts of terror, sabotage, wars, blockades, military action, insurrections or riots, public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), lockdowns ordered by the government or any governmental authority as a result of any public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), landslides, subsidence, lightning, earthquakes, fires, storms or storm warning, crevasses, floods or washouts, civil disturbances, explosions, inability of any party to obtain necessary materials, supplies, rights of way or permits after the exercise of reasonable diligence or any action or restraint by any government authority (so long as the party claiming relief has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such action or restraint, and as long as such action or restraint is not the result of a failure by the claiming party to comply with the applicable law).
- “Other Tour Attendees” means any and all group members, guests, invitees and/or any other persons who also attend the Tour with you.
- “Terms and Conditions” means these terms and conditions.
- “Tour” means the Coombe Yarra Valley tour(s) to which these Terms and Conditions relate.
- “Tour Fee” means the applicable price that is payable for the Tour, and any other fee or fees that you are required to pay to us in order to be able to attend a Tour.
- “Venue” means Coombe Yarra Valley’s venue at 673 - 673 Maroondah Highway, Coldstream VICTORIA 3770.
- “You” and “Your” are a reference to you, the customer.
Payment of the applicable Tour Fee must be made on the day of or prior to the Tour to secure your registration. The applicable Tour Fee for all Tours is priced in Australian dollars and includes GST.
Upon payment of the applicable Tour Fee you will receive a Booking Confirmation.
Cancellations by Coombe Yarra Valley.
Coombe Yarra Valley reserves the right to:
- Cancel or alter the scheduled date for any Tours where minimum attendance numbers for the Tours are not reached.
- Cancel or alter the scheduled date for any Tours that are, or are likely to, be affected by adverse weather conditions, unforeseen events or circumstances or an Event of Force Majeure.
If the cancellation or alteration of the date of a Tour is necessary, we will notify you and any registered Other Tour Attendees via the email addresses that have been supplied to us, prior to the date of the Tour. We will also offer either an alternative Tour (at an alternative date and time) or refund, in full, the Tour Fee. If your payment of the Tour Fee is received after maximum numbers are reached, Coombe Yarra Valley will contact you and a full refund will be made.
Coombe Yarra Valley is not liable for any additional costs incurred as a result of cancellations of an Tour, beyond liability to refund any Tour Fee that has been paid.
Cancellations of a booked Tour.
If you wish to cancel your booking for a Tour we will refund the Tour Fee paid by you in full. Refunds for any Tour Fees will be paid into your nominated bank account.
Please email your request to firstname.lastname@example.org.
Changes to the date or time of a Booked Tour.
If you wish to change your entry time for a Tour, such changes can be made up until the date and time that is stated on your Booking Confirmation. Entry time changes are subject to availability, so it is not advised to make last minute changes. Coombe Yarra Valley make no promise, representation or warranty that it will be able to accommodate a time change that is requested by you.
If you wish to change your entry day for a Tour, changes can only be made up to forty eight (48) hours prior to the time and date that is stated on your Booking Confirmation. Date changes are subject to availability, so it is not advised to make last minute changes. Coombe Yarra Valley make no promise, representation or warranty that it will be able to accommodate a date change that is requested by you.
Date and time changes can be can be requested via email at email@example.com.
Conditions of Entry.
We have some guidelines that we require all visitors to adhere to in the interest of safety:
- The gardens at Coombe Yarra Valley are part of a private estate. All Tours will be conducted with a tour guide. You must follow all instructions of the tour guide at all times.
- Please help us keep Melbas Garden, Coombe Cottage and the Venue beautiful and use the bins provided.
- The walking route follows an unsealed and sometimes uneven pathway. Please remain in designated walking areas and do not enter other areas or restricted areas.
- The walking route is not undercover. Please wear appropriate sun protection and sunscreen. Please bring umbrellas for shade and rain protection if required.
- Please wear appropriate footwear, we recommend comfortable closed shoes.
- There are no toilets along the walking route.
- Children must be supervised by a responsible adult at all times.
- Please bring adequate drinking water during the Tour, particularly in hot weather.
- Please ensure that you are capable of standing and walking unaided for the full duration of the Tour. Alternatively, please bring a wheelchair and a companion capable of pushing the wheelchair for the duration of the Tour.
- No vandalism or damage to any trees, plants or property during the Tour.
- Beware of hazards on site (including, but not limited to, water hazards and snakes).
- Beware of moving vehicles.
- Only alcohol purchased on the premises may be consumed.
- Alcohol may only to be consumed within designated areas.
- Drones are not permitted.
- Only registered assistance animals are permitted.
Limitation of liability.
- To the fullest extent permitted by law, Coombe Yarra Valley and its employees, agents or contractors, will not be liable to you or any Other Tour Attendees for any loss and/or damage of any nature (howsoever caused) or any damages (including, but not limited to, any special, consequential, incidental, exemplary, punitive and/or indirect damages) arising from, in respect of or in any way related to your use of Melbas Garden, Coombe Cottage, the Venue and/or the Tour however caused, however liability is asserted (including, but not limited to, in tort (including in negligence), in contract and/or under statute and/or general law) and irrespective of whether you have been advised of, or otherwise might have anticipated the possibility of, any loss or damage.
- Except as provided in this contract, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the services rendered by Coombe Yarra Valley for any purpose or otherwise are expressly excluded to the fullest extent permitted by the applicable law.
- All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded to the fullest extent permitted by the applicable law, and no guarantee, other than that expressly herein contained and the statutory guarantees that cannot be excluded or limited under the applicable law, apply to the services rendered by Coombe Yarra Valley to which the applicable guarantee relates, or any accessory or part thereof.
- To the fullest extent permitted by law, any liability of Coombe Yarra Valley for any Claims under these Terms and Conditions and/or for a breach of or failure to comply with a guarantee under the Australian Consumer Law (other than section 51, 52 or 53) is expressly limited to the a refund of all monies paid in relation to the Tour.
- To the fullest extent permitted by law, Coombe Yarra Valley is not responsible for the consumption of liquor at the Tour by to you or any Other Tour Attendees. The relevant person is at all times solely responsible for their own personal consumption of liquor during the Tour and while attending Melbas Garden, Coombe Cottage and the Venue.
Without limiting the generality of this clause, to the fullest extent permitted by law Coombe Yarra Valley is not responsible for ensuring that you or any Other Tour Attendees who attend the Tour comply with the applicable drink driving laws. This is at all times solely the responsibility of the relevant person.
- Other than any rights which you and the Other Tour Attendees have under these Terms and Conditions, to the fullest extent permitted by the applicable law you and all Other Tour Attendees hereby release and discharge Coombe Yarra Valley from all present, past and future Claims which the you and all Other Tour Attendees may have or may have had but for these Terms and Conditions against Coombe Yarra Valley arising out of or in connection with the Tour and all matters that directly and/or indirectly touch and concern this subject matter.
- Other than in respect of any rights which you and the Other Tour Attendees have under these Terms and Conditions, to the fullest extent permitted by the applicable law you and the Other Tour Attendees undertake to and do hereby indemnify and forever hold harmless Coombe Yarra Valley and all Directors, other Company Officers and/or employees of Coombe Yarra Valley against any Claims initiated by you and/or any Other Tour Attendees any future proceedings brought by you and/or any Other Tour Attendees arising out of or in connection with the Tour, and all matters that directly and/or indirectly touch and concern this subject matter.
These Terms and Conditions supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and us relating to the Tour, any other matter dealt with in these Terms and Conditions and all matters that directly and/or indirectly touch and concern these matters.