terms & conditions

These terms and conditions contain boring-at-most and sometimes tricky legal obligations. While we’re happy for you to read through them carefully, you can rest assured we’ll treat you and everyone that books with us fairly. Any purchases made through our website, through our distributors, or via our affiliates are subject to these terms and conditions.

These terms are governed by the laws of South Australia, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of South Australia.

Part A below applies to every reservation with Australia Uncorked Pty Ltd, regardless of brand. Schedule 1 applies in addition for Small Batch Wine Tours reservations.

PART A — CORE TERMS

1. Our contract
All reservations are made with Australia Uncorked Pty Ltd, trading as Small Batch Wine Tours or Small Batch Authentic Experiences as applicable (us/we). By making a reservation, the guest/agent (you) is deemed to have agreed to these terms and conditions on behalf of all individuals included in the reservation. The services to be provided are those listed in your reservation confirmation. No alterations or variations to these terms and conditions are in effect unless made in writing by and under the authority of Australia Uncorked Pty Ltd.

Reservations made with us will fall under one of two categories:

A) Direct Reservations – where the traveling party or a representative of the traveling party has approached us directly, paid us directly, and has not used any form of intermediary who claims a commission on sales from us.
B) Agent Reservations – where the traveling party uses the services of a reservation agent with whom we have a commercial agreement.

Examples of an agent reservation include those made through an Inbound Tour Operator, a travel agent, a travel wholesaler, tour aggregator, or Online Travel Agency. Certain clauses in these terms and conditions that only apply to Direct Reservations or only to Agent Reservations will be listed as such.

2. Pricing and payments

All prices quoted are in Australian Dollars ($AUD), include tax (GST), and are to be paid in $AUD only.

2.1 Pricing

a) Price changes — The prices appearing on the website are the current rates and can change without notice. Once a traveller has booked with us, the traveller will not be required to pay any difference in the event of a price increase. In any case, we will not refund the balance of any price reduction.

b) Per person — All prices listed are on a per person basis unless otherwise stated.

c) Inclusions — Prices include all listed inclusions as indicated in the tour description supplied in the current product brochure for the relevant brand (agent reservations), or as listed on the website (direct reservations).

d) Exclusions — Prices do not include:
• Tips and gratuities — though not compulsory, if you are happy with the services provided by your local guides and drivers, a tip is appropriate.
• Items of a personal nature — these may include snacks, meals, and drinks not outlined as an inclusion in the inclusions section of the tour description.
• Baggage and personal insurance — it is highly recommended that each traveller obtain adequate insurance for their travels.
• Translator services — only available for fully private tours as an optional paid addition. Upon request and in advance, we may have available Spanish, French, Mandarin, or Japanese speaking translators.

e) Discounts — Discount campaigns may be promoted from time to time however must be redeemed at time of purchase. Discounts or special rates may not be applied retrospectively.

f) Guests under the age of 18 years — Under no circumstances are guests under the age of 18 years allowed on tour without being directly accompanied by a parent/legal guardian. In South Australia it is illegal for anyone to supply alcohol to someone under the age of 18 years of age on a licensed premise, including at cellar doors, wineries, or distilleries. As such, no person under the age of 18 years of age will be allowed to consume/taste wine, gin, or any other alcohol at any stage of the tour, regardless of who supplies it. Valid identification may be requested and if not produced a portion of the reservation will be cancelled with no right to refund. Should anyone on tour supply alcohol to a minor they will be reported to the police without hesitation.

If a guest who has claimed to be a child but is identified as not qualifying for a reduced child rate, the guest will be required to provide the balance of difference between the full rate and reduced rate for the tour before being permitted to start the tour.

g) Children’s rates — A published child rate applies only to the products and age bands set out in the applicable Schedule. A published child rate is only available where the booking includes two full-paying adult fares; where only one full-paying adult is travelling, the eldest child in the travelling party is charged at the full adult rate, regardless of the specific tour or the child’s age. Adults are priced at the adult group rate first. Child rate is applied after that. Each child counts toward the maximum passenger limits.

2.2 Payment

2.2.1 Payment for Agent Reservations

Payment terms and details for all Agent Reservations will be as per your individual contract. As a general rule, invoices will be sent out on the first day of the month following your reservation departure date. Invoices are due on the 20th day of the month following your reservation departure date, paid into our nominated Australian bank account (details provided on invoice).

2.2.2 Payment for Direct Reservations

Full payment is required at the time of making your reservation.

a)Credit cards — we accept Visa, Mastercard, American Express and JCB.
N.B: Credit card service fee — while we do not charge travellers a service fee on credit card payments, some banks have been known to charge their customers a small fee for what they see as an international transaction. Please check with your bank prior to purchase if this will affect your payment.

b) Bank transfer – we are always happy for you to pay via direct transfer. Details will be provided at the time of making your reservation. Payment is due within 7 days of making your reservation request. If payment is not received within 7 days, your reservation will be voided.

3. Cancellations and amendments

3.1 Cancellations by you

Any request made by you to cancel a reservation will be subject to the following refund conditions, except where a brand-specific Schedule sets out different terms for a particular product (for example, the Private Koala Hold Experience — see Schedule 2):

• Up to 48 hours before departure — right to a full refund.
• Between 48–24 hours from departure — right to reschedule within 6 months of the original departure date without penalty; a cancellation in this window that is not rescheduled incurs a fee equal to 50% of the retail rate.
• Within 24 hours of departure, including failure to board — guests forfeit all monies paid with no right to refund.

For cancellations within 24 hours of departure, we may offer a full refund if circumstances are deemed to be exceptional, but only at our discretion.

3.2 Cancellations by us

a) Operator’s right to cancel — At our sole discretion, we reserve the right to cancel any tour before departure if, due to terrorism, natural disasters, extreme weather, political instability, or any other external events out of our control, it is not viable or possible for us to operate the planned itinerary. You will be eligible for a full refund or reschedule in such cases. We are not responsible for any incidental expenses you may have incurred as a result of your reservation, including but not limited to accommodation changes, travel arrangements, visas, vaccinations, travel insurance, or non-refundable flights.

b) Cancellation due to unlawful or unruly conduct — If your guide or any third-party provider deems you or your party’s actions to cause danger to themselves, to other travellers, or to our staff and associates, to interfere with other clients’ enjoyment of the trip, or to be offensive to local communities and cultures, we reserve the right to remove you and your party from the tour with immediate effect. This includes but is not limited to becoming overly inebriated, being refused service under the Liquor Licensing Act 1997 (SA), drinking alcohol in a company vehicle, inciting violence, displaying violent or offensive behaviour, or breaking any State or Federal law. There will be no right to refund and you may be referred to local police.

c) Pandemic, war, natural disaster, or government intervention — Where the usual tour capacity or conditions cannot be met due to events that cannot be foreseen or controlled, the contract conditions will be voided. We are under no obligation to honour reservations made prior to the event for departures during such times, and reserve the right to implement temporary measures, including new touring options at a different rate, until conditions return to normal. Affected reservations will be given a full refund or credit towards another experience, whichever you choose.

3.3 Amendments to reservations made by you

If you wish to amend an existing reservation date more than 48 hours before departure, there is no charge to change the reservation date. For amendments less than 48 hours from departure, the amendment is treated as a cancellation under clause 3.1. If there is a change of rate between the original reservation date and an amended departure date, we reserve the right to request the fare difference.

3.4 Unused portions of tours

No refund is provided for any unused portion of a tour, including the entire tour, in the event a guest fails to meet at the designated start time and location.

3.5 Amendments to itineraries made by us

While we endeavour to operate all tours as described, we reserve the right to change the tour itinerary and inclusions. The itinerary provided is representative of the activities planned; the route, amenities, stops, and modes of transport may change without prior notice due to local circumstances or events. If we make a major change before departure, we will inform you as soon as reasonably possible. If you feel a change significantly affected your enjoyment of the experience, please contact us in the first instance to reach a suitable resolution.

4. Confirmation (Direct Reservations only)

a) Reservation confirmation — Upon receipt of full payment, we will issue a confirmation via email.

b) Proof of confirmation — The lead traveller must present the original confirmation (electronic or paper copy) at the start of the tour. We reserve the right to refuse service to travellers unable to provide their confirmation to their guide at the beginning of the tour.

5. Your experience

5.1 Timeliness

We rely on guests to be prompt at the start of the tour. Guests must adhere to the start time set out in the product information on their confirmation. If you know you are going to be late, please contact us on the phone number on your voucher and we’ll do our best to help you catch up. If a guest hasn’t arrived on time without contact, we will consider the guest a “no show” with no refund to be provided.
• Pick-up — time will be listed in the reservation confirmation next to your pick up location. Please wait in the valet area of your accommodation during the designated pick-up window, and aim to be ready a few minutes early.
• Meeting point — generally in the valet area of your accommodation. Where your accommodation is difficult for our vehicle to reach, we will contact you directly with a suitable alternative meeting point.

5.2 Acceptance of risk

While we hold a Public Liability Insurance Policy, travel insurance is not included for customers in any of our services. By joining us on tour you acknowledge that your experience may involve a degree of personal risk, which may be heightened for certain products involving physical activity, natural terrain, wildlife, or aircraft (see the applicable Schedule). Customers travel entirely at their own risk and we take no responsibility for the security of personal belongings. Customers accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly while on tour. Please tell us at time of reservation about any medical condition, mobility limitation, or fitness consideration relevant to your chosen experience, so we can advise on suitability. We kindly suggest taking out private travel insurance prior to any travel occasion.

5.3 Private nature of tours

Whilst your tour may be private and we make every effort to avoid the crowds, tastings and experiences at our providers may not be exclusive of others, especially during peak times. Experiences provided by our third-party provider partners are always subject to their own terms and conditions.

5.4 Dietary requirements and allergens

Please tell us about any food allergies, intolerances, or dietary requirements at the time of making your reservation. Our restaurant and venue partners can accommodate most dietary requirements and allergies, provided they are notified in advance — requirements advised on the day, or not at all, may not be able to be catered for.

Some experiences include a fixed food component that forms part of the core inclusion, for which a substitute may not be available. Where you have an allergy or dietary requirement that may be incompatible with a fixed component of an experience, please raise this with us at time of enquiry so we can advise which products are suitable, or discuss an alternative.

While we and our venue partners take reasonable care to accommodate disclosed allergies and dietary requirements, guests with severe or life-threatening allergies remain responsible for their own risk management (including carrying any necessary medication) and should use their own judgement about any dish or tasting offered on tour, whether or not their allergy or dietary requirement has been disclosed to us in advance.

6. Scenic flights — helicopter and biplane

• Barossa Valley helicopter flights are operated by Barossa Helicopters (R44 aircraft): maximum individual passenger weight 130kg; maximum combined weight across 3 passengers 270kg; children under 100cm in height are not permitted to fly; each passenger, regardless of age, must occupy their own seat (no lap-sitting); photo identification is required to redeem the flight.

• McLaren Vale helicopter flights are operated by Helivista: minimum 2 passengers per flight; maximum individual passenger weight 120kg; maximum combined passenger weight 260kg (may be lower for longer flights, at Helivista’s discretion).

• Fleurieu Coast biplane flights (Waco biplane) are operated by Adelaide Biplanes: maximum 2 passengers with a combined weight limit of 200kg.

• All flight operators reserve the right to alter or cancel a flight due to weather or other operational and safety considerations, at the pilot in command’s sole discretion; that decision is final.

• If a passenger does not meet an operator’s weight, height, or seating requirements on the day, that operator’s flight will not proceed for that passenger and no refund is payable for the flight component. Each operator’s own cancellation and weather-refund policy applies to the flight component, separately from our own tour cancellation terms at clause 3.

• Please advise us of passenger weights and any other relevant details at time of reservation, so we can confirm suitability with the relevant operator in advance.

7. Complaints

Should you have a complaint about your experience, we urge you to discuss this at the time with your local guide so they can address it immediately. If you wish to complain further, please contact us in writing as soon as is convenient. We like to address any issues that may arise in a timely manner.

8. Photos and marketing

Unless we receive a written request otherwise, guests consent to us using images taken during their tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes. We can assure you that no unflattering footage or strange editing practices will be used. Note that at certain third-party venues (for example, Cleland Wildlife Park — see Schedule 2), commercial photography and filming is separately regulated by that venue and may require its own prior approval; our rights under this clause do not override the venue’s own photography rules.

9. Severability

If any term or condition contained here is unenforceable or void by operation of law, as against public policy, or for any other reason, that term shall be severed from this contract or amended only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.

10. Indemnification

You agree to defend and indemnify us, our affiliates, and distributors, and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this agreement or documents referenced in it; (b) your violation of any law or the rights of a third party; and/or (c) your use of our website or any of our affiliate websites.

11. Privacy policy

Any personal information we collect about you may be used for any purpose associated with the operation of your experience, or to send you marketing material about our events and special offers. The information may be disclosed to our agents, service providers, or other suppliers to enable us to operate your tour.

We may collect and hold personal information such as your name, telephone number, email address, medical information, and country of residence, together with details of the products and services you have purchased or enquired about.

Health information we collect may be considered “sensitive information” under the Privacy Act. We collect it — including, where relevant, disclosures about mobility, medical conditions, or fitness for physical-activity based experiences — to provide our services and cater to your needs and safety, and only on the condition that we have your consent.

If you visit our website, we may also collect non-personal information to improve the experience and better market to our customers, including pages visited, IP address, browser type and language, and date/time of visit, some via cookies.

When you are travelling with us, we may take video and images of you that may be used in brochures, advertising, social media, or our website (see clause 8). If you do not wish for this to happen, please notify us in writing.

12. Third-party suppliers, activities and attractions

Many experiences include activities, transport, or attractions operated by independent third parties — for example wineries, scenic flight operators, wildlife parks, and restaurants. Those third parties’ own terms, conditions, and safety policies apply in addition to ours and are available on request or at the point of that activity. Except as required by the Australian Consumer Law, we are not responsible for the acts, omissions, cancellations, or safety practices of independent third-party operators. Brand-specific detail on particular third-party suppliers is set out in the applicable Schedule.

13. Updating of these terms and conditions

We reserve the right to update and/or alter these terms and conditions at any time. The latest version will supersede any previous version and can be requested from us at any time.

 

SCHEDULE 1 — SMALL BATCH WINE TOURS

This Schedule applies in addition to Part A for reservations of any Small Batch Wine Tours product.

S1.1 Wine to take away

Wine is supplied for you to taste during your experience with us at each winery. If you wish to take wine away with you, you can purchase wines at the winery, we may be able to help ship them to you, or you may find them for purchase in your country of origin.

S1.2 Child policy

a) Guests under the age of 18 years
Guests under the age of 18 years (children) are not permitted on any small-group tour. Children will be permitted carriage only on private tours and will be charged accordingly on a case-by-case basis. This is in addition to the core age and alcohol-service conditions set out in clause 2.1(f). This clause does not apply to A Truly Barossan Wine Experience (EXBV), Essential McLaren Vale Wine Experience (EXMV), or The Adelaide Hills Wine Experience (EXAH) — see clause S1.2(A) for the published child rate available on those three products.

b) Children’s rate — Wine Experience tours
A published child rate (ages 8–17) is available on A Truly Barossan Wine Experience (EXBV), Essential McLaren Vale Wine Experience (EXMV), and The Adelaide Hills Wine Experience (EXAH). Children in this age band take part in the standard tour inclusions alongside their party, other than wine and other alcohol tasting, which remains subject to the under-18 conditions at clause 2.1(f).

Guests under 8 years on these three products continue to be considered case-by-case under clause S1.2(A), as for all other Small Batch Wine Tours private touring products. See clause 2.1(g) for the general rules on pax-counting and the two-full-adult requirement that apply to this rate.