GENERAL TERMS & CONDITION

 The following terms and conditions (‘booking conditions’) form the basis of your contract with PK’s Food & Wine Adventures (‘PKFW’, ‘we’ or ‘our’). Please read them carefully as they set out your and our respective rights and obligations. 
These Terms & Conditions were correct at time of publication.  

Our terms and conditions are divided in two sections - those of generic nature that are consistent across all PKFW tours; and those of a specific nature that relate to particular tours.

GENERAL CONDITIONS:

By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions, that you agree to them and that you agree to them applying to your tour arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these tour conditions to your ‘tour’ are references to the tour you have booked with PKFW. References to ‘excursions’ are references to short trips or tours included or available as part of your tour.

 Governing Law

These booking conditions are governed by the law in force in Victoria, Australia.

BEFORE YOU BOOK

Price Validity

Published prices are valid at the time of publication but are subject to change. They may be varied by advertising or special offers, or changed after the publication date for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, airline charges, a force majeure event or other material increases by suppliers. The most up to date pricing may be found on our website https://www.pksfoodandwine.com. Prices will be confirmed at time of booking and honoured for up to seven days. All tours are subject to availability at the time of booking.

Please see important information listed under Specific Destination Terms & Conditions for relevant deposit and final payment terms.

Transfers

PKFW is not responsible for airport transfers unless specifically included in the tour.

Public Holidays & Festivals

Most countries have public holidays, religious or otherwise. Festivities may temporarily disrupt your holiday and some religious holidays may result in a reduction of facilities and entertainment.

Other Special Offers

Special Deals and Special Offers other than those advertised herein may be promoted by PKFW after the program is released. These new special deals/offers do not apply to existing bookings unless otherwise stated. 

BOOKING & PAYING FOR YOUR TOUR

Airfares

PKFW is not responsible for airfares unless specifically included in the tour. 

Travel Insurance

Travel Insurance is not included in your tour. For your protection, you are required to purchase comprehensive travel insurance that includes (without limitation) coverage for the full cost of your tour, medical expenses, loss of luggage, land content and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, disruption, loss of deposit or strikes. Proof of travel insurance will be required to be provided to PKFW two weeks prior to travel.

Travel Information & Documents

After booking you will receive an invoice with all important information relevant to your tour. We strongly recommend you check the details carefully and read the included information. Please ensure that you check your travel timings carefully, particularly early morning departures.

Special Requests

Where a special request (e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of holiday, you must advise us when your booking is made. PKFW will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. 

Accuracy

PKFW has endeavoured to ensure that the information provided about accommodation, itineraries etc., is correct to the best of its knowledge at the time of publication. However, advertised descriptions and facilities and prices may change after publication. We recommend that you confirm the details of your chosen tour at the time of booking. Additionally, travel times, carriers and routes are given for guidance only as there may be changes. Tour or excursion itineraries may change or be different from those described in our collateral as a result of local conditions, weather conditions, annual events. PKFW will endeavour to notify you of any significant changes prior to your departure. 

Disruption to Itinerary Arrangements

Itineraries are intended as a guide only and are subject to alteration without notice. Alternations may be necessary for various reasons including, without limitation, road, rail, river or weather conditions, strikes or other reasons beyond PKFW’s control. If conditions render any routes unsafe for navigation, PKFW reserves the right to provide alternative services including, but not limited to, accommodation or substitute land arrangements. Under normal river conditions, itineraries will operate as far as possible as published. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary. For example, without limitation, if there is a water level problem on a river, it may be necessary to operate part of the itinerary by coach and alternative sightseeing may be included. PKFW will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water level events or such other events which are beyond our control. PKFW cannot guarantee exact arrival and departure times for carriers and operators used by PKFW and PKFW will not be liable for failure to make connections with any other services or attractions beyond its control.

Force Majeure

Force Majeure event means the occurrence of an event that is beyond PKFW’s reasonable control and which could not have been reasonably prevented by PKFW, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, license and the common law as applicable from time to time, including changes or amendments in regulations or access to services, sites or countries caused by declared epidemic or pandemic events.

Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure

If PKFW, in its reasonable opinion, considers that any Force Majeure event prevents PKFW (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, PKFW may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.  

Limitation of Liability in the Event of Force Majeure

In the event that PKFW cancels or changes your travel arrangements in any way due to a Force Majeure event, PKFW will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. PKFW is not liable to refund any part of the deposit or purchase price paid by you if PKFW subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond PKFW’s control. As you are required to purchase travel insurance to adequately protect yourself against these risks, your policy needs to respond to these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of PKFW based on expected non-recoverable costs and expenses to be incurred by PKFW, including but not limited to overhead expenses and works or services performed personally by PKFW, leading up to the commencement of the tour, alternatively prior to the Force Majeure event.

Data Protection Policy

Any personal information (including sensitive information and health information) that PKFW obtains and retains from you or about you is necessary for our business purposes. Our Privacy Policy details why we collect this information, who we may disclose it to (including overseas recipients), and the main consequences if we do not collect it. Our Privacy Policy also contains information about how you may seek access to, or correction of, the personal information held about you, and our complaint resolution procedures. Our Privacy Policy is available at https://www.pksfoodandwine.com. By providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy.

Limitation of Liability

1. Our tours include the services of independent providers, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of PKFW. Although we take care in selecting the independent service providers and the optional excursions conducted by some independent service providers, PKFW is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your tour, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.

2. If, in the opinion of any representative of PKFW, your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other guests or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the tour. PKFW representatives are empowered to ask guests to depart a tour if they are displaying known COVID-19 symptoms. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from a tour. Guests will be responsible for arranging and paying for their own transport home if they are asked to leave the tour. PKFW is not liable to you for any costs associated with such decision and you will not be refunded for any part of the tour.

3. PKFW accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control. 

4. Any term, condition or warranty expressed or implied by statute or otherwise in respect of the tour contained in any of our collateral are excluded to the full extent permitted by law. Nothing in these tour conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.

5. To the full extent permitted by law, PKFW’s liability arising under or in connection with these tour conditions: (a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.

6. PKFW reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by PKFW within the specified time.

7. Specific meal requests are requests only and cannot be guaranteed. 

COVID-19 Requirements

Before booking and before you travel, ensure that you check the latest Government travel requirements and PKFW updates which include the on board protocols (which will be available on PKFW’s website at https://www.pksfoodandwine.com which will set out the obligations which apply to customers departing on tours. This may include obtaining proof of negative test results prior to embarkation, completion of health questionnaire, mask wearing, requirement to isolate if COVID-19 symptoms present during tour and removal of passengers from the tour if deemed necessary by medical staff. Compliance with the travel requirements and PKFW updates is mandatory and anyone refusing to comply can be denied access to the tour or removed from the tour at PKFWs absolute discretion.  

Medical Assistance

PKFW does not employ medical staff on its tours. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. PKFW is not responsible for the type or quality of the medical services you may receive. 

Local Purchases

PKFW is not responsible for any items you may purchase locally i.e. wine, food, mementos, souvenirs etc. You acknowledge that you are solely responsible for any import duty or freight costs.

Personal Belongings & Lost Items

For security reasons, valuables should be kept to a minimum and packed in your hand luggage along with your medicines. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss. 

Smoking

Government regulations forbid smoking in tourist coaches however regular stops are made for those wishing to smoke. Smoking is not permitted in hotel rooms. Requests for smoking/non-smoking rooms will be passed on to hotels but cannot be guaranteed.

Responsible Service of Alcohol

Our staff are trained in the responsible service of alcohol and are obliged by law to refuse service to any guest who, in their reasonable opinion appears to be intoxicated or behaves in an aggressive or offensive manner.

Service Enquiries

If a problem occurs during your tour, you should, in your own interests, advise your tour host so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to PKFW within 30 days.

Luggage Limits

Each passenger is entitled to take one piece of luggage that does not exceed 160cm (63 inches) or weigh more than 23kg (50 pounds). Dimensions for checked baggage are calculated by adding together the width, height and depth of the piece of baggage. An extra charge will be imposed to cover porterage handling of any additional luggage. Your tour host will advise you of the exact additional charge. Some tours may have restricted luggage limits, please refer to Specific Terms & Conditions under relevant destination for more information. 

Updated 12 January 2024