Last updated: January 2022

It is important that you read all information carefully and ensure that you understand and accept the conditions outlined below before proceeding with your booking.

By booking a tour with East Gippsland Variety Tours Pty Ltd you are accepting these Terms & Conditions as a binding contract without alterations. The booking person or agent is responsible for conveying these terms to all parties partaking in the tour (customers).

  1. Application

Trading as East Gippsland Variety Tours Pty Ltd (ABN 98 655 332 326) (hereafter “East Gippsland Variety Tours” or “we”) is the owner, operator and licensor of the website at www.eastgippslandvarietytours.com (“Website”) and the Scenic tours offered, including those available on and through the Website (East Gippsland Winery Tours, Private Group Tours and Accommodation & Tours). Your rights to use the Website and engage East Gippsland Variety Tours Services (collectively the “Service”) are set out in these Terms of Service (“Terms of Service”) and our Privacy Policy at [insert link] (“Privacy Policy”).

Our Terms of Service and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).

In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.

IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.  

If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.

The Perry family has owned and operated Perry’s Bus Service in Orbost for over 50 years. We have always thought East Gippsland has so much to offer in the way of local produce, wine, breweries, attractions, and the many events held in the region each year! However, being a regional area with limited public transport, we thought it would be a great way to branch off our families bus business with a tour bus!  So, from wineries, to pubs, to country races, nothing is off the table! 

  • Ability to Accept Terms of Service

You must be at least 18 years of age or have authorization by East Gippsland Variety Tours to access the certain Services offered by East Gippsland Variety Tours. If you have authorized a Child to use the Service, you are responsible for their conduct, and the consequences of any misuse.

In addition, you affirm that you have not been previously suspended or removed from the Service.

  • East Gippsland Variety Tours Service

The Agreement applies to all users using the Service (“User”). Information provided by our Users through the Service may contain links to third party websites that are not owned or controlled by East Gippsland Variety Tours. East Gippsland Variety Tours has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, East Gippsland Variety Tours will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly acknowledge and agree that East Gippsland Variety Tours shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

  • East Gippsland Variety Tours Access

Subject to your compliance with these Terms of Service, East Gippsland Variety Tours hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.

  • Privacy Policy

You should ensure that you read our Privacy Policy.

We will process all Personal Data supplied by you according to our Privacy Policy.

Our Privacy Policy forms part of this Agreement. Accordingly, you must comply with your obligations in the Privacy Policy.

  • Confidentiality

East Gippsland Variety Tours will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

  1. as necessary to perform East Gippsland Variety Tours function as a scenic tour operator; or
    1. to East Gippsland Variety Tours personnel and any service provider that East Gippsland Variety Tours works with where necessary to operate the Service; or
    1. if the relevant person has given East Gippsland Variety Tours permission to do so; or
    1. in accordance with our Privacy Policy; or
    1. if required or permitted by law.

As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.

  • Indemnity

You agree to defend, indemnify, and keep indemnified, East Gippsland Variety Tours and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:

  1. breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);
    1. violation of any Intellectual Property or other rights of a third party, or privacy right; or
    1. your access or use of the Service, and/ or Personal Data posted by you through or at the Service.

This Indemnity clause will survive this Agreement and your use of the Service.

  • Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Victoria, and the parties submit to the exclusive jurisdiction of the Victorian courts for any matter arising under or relating to this Agreement.

  • Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

  1. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, East Gippsland Variety Tours will endeavor to post an announcement on the Website. Your use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement, you must not use the Service.

  1. Transmission and Posting of Content

You, the User, are solely responsible for your conduct and any:

  1. data, text, files, information, images, graphics, photos, links and other content or materials (“Content“); and
    1. information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”)

that you submit or post via the Website or Service.

  1. Disruption of and Modifications to the Website

East Gippsland Variety Tours will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.

To the extent permissible at law, East Gippsland Variety Tours shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. East Gippsland Variety Tours will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.

  1. Intellectual Property Rights

All of the information contained on this Website is the intellectual property of East Gippsland Variety Tours. All trademarks, logos or any other of its intellectual property rights are the exclusive property of East Gippsland Variety Tours. You may not download, copy or print any of the pages of the Website except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.

By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

  1. Website Accuracy

The information contained on this Website is given in good faith and East Gippsland Variety Tours uses all reasonable efforts to ensure that it is accurate. However, East Gippsland Variety Tours gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

  1. Use of Subcontractors

You agree that East Gippsland Variety Tours may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, billing and related technology required to run the Service and manage Personal Data.

  1. Prohibited Activities

In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:

  1. Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;
    1. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
    1. Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the East Gippsland Variety Tours Website.
    1. Compromise the security of the Website service;
    1. Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
    1. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
    1. Impersonate any person or entity;
    1. Buy, sell or otherwise offer in exchange for any compensation, access to East Gippsland Variety Tours Website and Services; and
    1. Develop any third-party applications that interact with User Content, the Website or any other services without our prior written consent.
  2. Other Conditions of Use

In addition to the other terms and conditions outlined in these Terms of Service, you agree that you are solely responsible for your interaction with other Users of the Service. You agree that East Gippsland Variety Tours is not responsible or liable for the conduct of any User East Gippsland Variety Tours reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.

TERMS AND CONDITIONS APPLICABLE TO EAST GIPPSLAND VARIETY TOURS

  1. Tour Cancellation Policy

A Full Payment must be received 7 days prior to the tour for all tour bookings. All transactions are process in Australian Dollar (AUD) and include GST (Goods & Services Tax). 50% confirmation payment is required upon booking. Our tours are dependent on minimum numbers and East Gippsland Variety Tours reserves the right to cancel tours due to insufficient passenger numbers- a full refund applies.

We reserve the right to charge the following fees for cancellations by Releasing Parties:

  1. Cancellations with more than 7 days’ notice will receive a full refund minus 10% (total value) administration fee.
    1. Cancellations with less than 7 days’ notice, 50% deposit will be forfeited.
    1. Cancellations with less than 72 hours’ notice no refund or credit will be given.

Cancellations must be in writing via email info@eastgippslandvarietytours.com. If you cancellation is due to covid restrictions or illness it will remain East Gippsland Variety Tours managements discretion to provide a refund or credit.

  1. Variation of Tours

East Gippsland Variety Tours reserves the right at any time to cancel or vary any trip. To the extent permissible at law, East Gippsland Variety Tours will not be liable to you or to any third party for any cancellation or variance of the Service.

  • Tour Terms and Conditions
  1. Winery Tour
  1. Persons under the age of 18 are not permitted on our winery tours without written permission from East Gippsland Variety ToursGuest that are wine tasting on the tour must be over 18+ years or age and should not be under the influence of alcohol prior to joining the tour.
  • Private Tour
  1. Passenger numbers must be confirmed no later than 7 days prior to the tour date. Minimum numbers must be met or payment for 8 passengers will apply.Based on cancellations, the following refund will be provided to the Releasing Parties:Cancellations with more than 7 days’ notice will receive a full refund of any payments received minus the non-refundable $250 deposit paid.Cancellations with less than 7 days’ notice, 50% of the total amount will be forfeited  Cancellations with less than 72 hours’ notice no refund or credit will be given.

Cancellations must be in writing via email info@eastgippslandvarietytours.com. If you cancellation is due to covid restrictions or illness it will remain East Gippsland Variety Tours managements discretion to provide a refund or credit.

  • Accommodations & Tour
  • Additional tours

East Gippsland Variety Tours will take no responsibility for any goods or possessions eft on the bus at the end of the tour. If items are left on the bus are requested to be sent via post, an administration fee of $15 plus postage cost will apply.

Customers are responsible for any damage inflicted on property during the tour. A minimum fee of $200 and a maximum of $1,500 may apply to any damage or spillage in the bus.

Please contact 0431 655 635 for more information about the specific tours and what is included in each tour type of tour. Also, if there are any additional requirements such as potential gear or any notices that need to be provided to the customers.

  • Questions and Comments

If you have any questions or comments, or want to access, update, or delete the Personal Data we hold about you, or have a privacy concern please write to us at:

East Gippsland Variety Tours

Phone: (+61) 431 655 635

Email:info@eastgippslandvarietytours.com.

Please provide sufficient detail about the information in question to help us locate it.