Terms & Conditions

These terms and conditions outline the agreement between You and Us in relation to Us providing you with goods and services. We pride ourselves on being professional and delivering a high standard of service that is reflected by Our company motto – “Customer Service at its Best”.

TERMS AND CONDITIONS

1. DEFINITIONS
a. Booking means a reservation for a Tour, at the Hire Fee, on the Hire Date and for the Hire Period agreed between You and Us.
b. Force Majeure Event means an event that is beyond Our reasonable control or the reasonable control of any of our suppliers/venues/locations/experiences/goods/services and materially affects the performance of any of Our obligations to You and could not reasonably have been foreseen or provided against.
c. Hire Date means the date on which We agree to provide You with the Tour.
d. Hire Fee means the amount you agree to pay Us for providing You with the Tour. The Hire Fee may be a fixed sum per head, hourly rate or combination of a fixed sum and hourly rate.
e. Hire Period means the period during which We provide You with the Tour.
f. Total Booking Cost means the total fee applicable to the Booking, including GST.
g. Tour means a chauffeur driven tour of certain destination(s), venue(s) and the provision of certain experiences(s), including all related goods and services, selected by you from our available advertised tours.
h. Vehicle means the vehicle nominated by Us for the purpose of providing the Tour to You.
i. We, Us, Melbourne Elite Tours means Melbourne Elite Tours Pty Ltd trading as Melbourne Elite Tours.
j. You means the person or entity requesting the Booking and, where the context requires, each of Your guests/members of the Tour.

2. TOURS
a. Melbourne Elite Tours is in the business of providing Tours to the public.
b. Various Tours are offered by Us on Our website, at certain Hire Fees.
c. You may contact Us to arrange a custom Tour, or variations to an offered Tour. We are not obligated to provide any Tour requested by You that is not advertised on Our website.
d. Tours are structured on certain amounts of time being allocated to each activity, travel time and other factors. You agree that in the event that a certain activity, travel time or other factor is delayed for any reason, Our driver will make a determination in his or her absolute discretion as to how the time and elements of the Tour can be modified to ensure that the Hire Period is observed and as many elements of the Tour completed. The driver may, but is not limited to:

• i. Extend the Hire Period, at Your cost, with your consent;
• ii. Reduce the period allocated to the remaining activities provided in the Tour;
• iii. Cancel attendance at a specific destination, activity or other element of a Tour;
• iv. Interrupt any activity at any destination, experience or other activity provided for in the Tour to move the Tour on to the new event, and you irrevocably agree that We shall not be liable to You or other members of the Tour in any modifications make to the Tour in any way in this regard.

e. We reserve the right to change the activities, the order of activities, the scope of the activities and any other element which forms the Tour from time to time, without notice to You, whether before or during the Hire Period.
f. Where any third party operator of any element included in the Tour makes a change(s) that affect the provision of the advertised elements of the Tour by Us to you, we shall not be responsible for such a change and You will not be entitled to terminate these Terms, the Tour or the Booking, unless otherwise agreed by Us.
g. You consent to us using images of You or any member of the Tour taken during the Tour for advertising and other promotional purposes in any medium as We require. You agree that the use of these images is without recourse to You or any other party, and is without compensation.

3. BOOKING REQUESTS AND CONFIRMATIONS
a. You may request a Booking from Us by email, by completing a form on our website or by telephone.
b. We will confirm Your Booking in writing by email within 24 hours of Your Booking being made.
c. You must at the time of requesting a Booking, advise Us whether You or any members of the Tour suffer any allergies, intolerances, medical issues, carry any emergency medicine (E.g. EPI Pen), or suffer from any condition that may require medical intervention during the Tour. We reserve the right to refuse any Booking or any specific member of a Tour on such basis, without penalty to us.
d. We do not warrant that we can cater for any person who may suffer any specific physical condition and we shall not be held liable for any loss, damage, cost or other harm to such a person causing during, or as a result of the Tour or the events occurring therein. Each member of a Tour shall be personally liable and responsible for ensuring their own safety during the Tour.

4. PAYMENT
a. Upon making a Booking, You must provide Us with your credit card details.
b. You hereby authorise Us to deduct any charges payable under these Terms and Conditions from your nominated credit card, without deduction or further authorisation from You.
c. We will add a surcharge of 1.9% of the Total Booking Cost for credit card payments.
d. A Booking deposit of 10% of the Total Booking Cost is payable by You by credit card at the time of making the Booking.
e. We will collect balance of the Total Booking Cost 14 days prior to the Hire Date.
f. Should You make a Booking within 30 days of the Hire Date, then full payment of the Total Booking Cost is required by You to Us to secure the Booking.
g. The Hire Fee is calculated on the basis of the number of attendees you advise Us will be attending the Tour. You agree to pay the Total Booking Cost in full at the time of Booking. In the event that any member of your Tour fails to attend the Tour, no refund to You or any other person shall be issued by Us.
h. Payment for the Hire Fee shall be made in full by You at the time of making the Booking and We shall not be liable for, or responsible for obtaining payment from each individual member of Your Tour.
i. When We receive payment of the Booking Deposit or Total Booking Cost, such payment constitutes acknowledgement and acceptance of these Terms and Conditions by You.

5. CANCELLATIONS AND REFUNDS
a. We offer 100% refund on cancelled tours due to COVID-19.
b. The following costs are payable in respect of any other cancellation of a Booking:

• i) Up to 1 day before the Hire Date we offer 100% refund less unrecoverable costs incurred by us.
• ii) Within 24 hours of the Hire Date Forfeiture of the Total Booking Cost.

c. If You fail to be present at the agreed collection point for the commencement of the Hire Period, You will be deemed to have cancelled Your Tour.
d. You authorise Us to deduct the applicable above amounts from your nominated credit card as necessary pursuant to these Terms and Conditions.
e. We reserve the right to cancel Tours within 48 hours of the Hire Period for any reason, including, but not limited to, Force Majeure Events, inclement weather, where group numbers are not sufficient, Our inability to provide the Tour and where an appropriate Vehicle for the Tour cannot be obtained by Us. In such circumstances, We will provide you with a credit for a future Tour.

6. PICK -UP/ DROP OFF LOCATION

a. We will contact You 24 hours prior to the commencement of the Hire Period to confirm the details of the pick-up location and time and the destination drop-off point and time.
b. We request that You ensure you allow sufficient time to meet any personal time requirements you may have during the Hire Period. We shall not be liable for late arrival in any way.
c. We will use Our best endeavours to adhere to Your specified pick up and drop off locations and time.
d. We reserve the right to select the route travelled during the Hire Period, notwithstanding that the route may not be the shortest or quickest route to the drop off location.

7. EXTENSION OF TIME
a. You may extend the time of the Hire Period, by agreement with our driver, at Our and Our driver’s absolute discretion.
b. In the event that you are uncontactable during the Hire Period, the driver may, at his discretion and availability, wait extra time for you to arrive for pick-up or drop-off. In this event, you will be charged for an extension of time, plus a further administrative fee in accordance with these Terms and Conditions.
c. Extensions of time will be charged at a rate of $110.00 per hour, or any part thereof. You agree to pay for the extension of time and the following payment methods are available to You:

• i. You can pay cash to the driver; or
• ii. You irrevocably authorise Us to charge the extension of time, in accordance with these terms and conditions to Your credit card provided to Us at the time of the Booking.

8. ADDITIONAL STOCK REQUESTS
a. You may request Us to organise and include additional stock in the Vehicle for the Hire Period.
b. All requests for additional stock must be made at least 7 days prior to the Hire Date.
c. You are liable for any and all costs of purchasing any additional stock, at a surcharge of 10% over the cost price.
d. We make no guarantee to provide any or all of the additional stock requested by You for the Hire Period.

9. NO FOOD
a. The consumption of food is strictly prohibited in the Vehicle, unless a specific agreement has been made at the time of Booking and is agreed to in writing.
b. You acknowledge and agree that should food be consumed in the Vehicle without our prior consent, then We reserve the right to charge a cleaning fee of $300.00.

10. NO SMOKING
a. You and all third parties are strictly prohibited from smoking within the Vehicle.
b. Should any person smoke within the Vehicle, the cost of cleaning the interior of the Vehicle will be payable by You at a rate of $300.00 and the Hire Period will be terminated immediately, without refund of any part of the Total Booking Cost.

11. CLEANING, BREAKAGES, AND DAMAGES
a. You agree to pay to Us a Cleaning Fee of $300.00, where You, or any third party, soil, stain, or pollute the vehicle, including, but not limited to vomiting and spillage of food or beverages.
b. Should the Vehicle or items supplied with the Vehicle require any additional repair or replacement at completion of the Hire Period, as a result of any action by You or any third party, the cost of repair or replacement will be payable by You at such reasonable rates as calculated by Us.
c. You shall be liable to Us for any lost revenue when the Vehicle is unable to be used to provide services to other customers, including consequential damages suffered by Us relating to the cancellation of other bookings with Our customers.

12. VEHICLE ACCIDENTS, BREAKDOWNS, AND MALFUNCTIONS
a. You accept that We are the owner of the Vehicle and You agree not to take any action against Us as a result of any act or failure to act including, but not limited to, any loss or expenses incurred by You should the Vehicle break down or be involved in an accident during the Hire Period.
b. In the event of a traffic accident, mechanical breakdown, malfunctions, or circumstances beyond our control, including inclement weather or road closures, as a result of which We are unable to provide the Tour, We will use its best endeavours to continue to provide the Tour. The alternate Vehicle for travel will be at Our sole discretion.
c. In the event that an equivalent or alternative Vehicle, or alternate arrangements for the Hire Period cannot be made for the Hire Period, You are entitled to a refund or credit of the Total Booking Cost, as chosen in Our absolute discretion.

13. UNFORESEEN EVENTS OR CIRCUMSTANCES
a. You acknowledge that from time to time and for reasons beyond Our control, the Vehicle booked for the Hire Period may be unavailable due to unforeseen events, circumstances, or any other reason.
b. Should such as event occur, We will:

• i. Make contact with You and inform of such change prior to the start of the Hire Period, and;
• ii. We will use Our best endeavours to make arrangements for an equivalent or alternative Vehicle to be made available for the Hire Period; and
• iii. In the event that an equivalent or alternative vehicle cannot be made available for the Hire Period, You will be entitled to a refund or credit of the Total Booking Cost, as chosen in Our absolute discretion.

c. In the event that You or a member of Your Tour are injured, take ill or otherwise require medical intervention during the Tour or Hire Period, You/they irrevocably authorise Us and the driver to seek and arrange medical intervention, including the calling of an ambulance, and You irrevocably agree that you will be liable for all costs associated with the provision of such medical care. You and any member of the Tour shall not be entitled to any refund or compensation from Us in relation to such an event taking place in relation to any member of the Tour.
d. We are not responsible for any failure to perform Our obligations under these Terms and Conditions if We are prevented or delayed in performing those obligations by a Force Majeure Event.
e. Where there is a Force Majeure Event, We will immediately notify You giving full particulars of the Force Majeure Event and the reasons the Force Majeure Event prevents Us from, or delays Us in performing our obligations under these Terms and Conditions.
f. We will use reasonable efforts to mitigate the effect of a Force Majeure Event upon the performance of these Terms and Conditions and to fulfil Our obligations under these Terms.
g. Upon resolution or completion of the Force Majeure Event, We will as soon as reasonably practicable, recommence the performance of Our obligations under these Terms.
h. A Force Majeure Event does not affect Your obligation to pay money to Us in accordance with these Terms.
i. Our liability to you in relation to a Force Majeure Event that cancels your Tour is limited solely to the issuance of a credit note in respect of the same Tour for a future date, such date to be determined by Us acting reasonably.
j. You have no entitlement to, and We have no liability for:

• i. any costs, losses, expenses, damages or other financial consequences You may suffer or incur as a direct or indirect result of a cancellation or reschedule of a Tour due to a Force Majeure Event;
• ii. Any delay costs in any way incurred by You due to a Force Majeure Event;
• iii. Making a refund to you for a Tour affected by a Force Majeure Event.

14. BOOKING OF UNDERAGE EVENTS
a. You acknowledge and agree:

• i. No alcoholic beverages whatsoever may be consumed by any person under the age of 18 in the Vehicle or at any Venue included in the Tour;
• ii. We reserve the right to immediately terminate the Hire Period in the event of breach of this Clause and under such circumstances, the Total Booking Cost shall be forfeited.

b. Parents and/or guardians of minor children included in a Tour must be supervised at all times. We shall not be liable for any damage caused by such children or liable to you in respect of any matter affecting the welfare of such children.
c. You agree to indemnify Us against any damage caused by a minor child to the Vehicle, or damage other property or to Our employees caused by minor children present at Your Tour.

15. LOST PROPERTY OR ITEMS LEFT BEHIND
a. We will not be responsible for the loss of Your personal property brought into the Vehicle either during the Hire Period or left in the Vehicle after the Hire Period by You or any other person.
b. We will not be responsible for the loss of your personal property left behind at a Tour destination/venue.

16. CUSTOMER CODE OF CONDUCT
a. You must, at all times during the Hire Period, be available to be contacted by Our driver by mobile telephone.
b. You and all other persons in the Vehicle must wear seat belts at all times. You agree to indemnify Us for any fines, costs or damages incurred should You or Your guests fail to wear a properly fastened seat belt when travelling in the Vehicle.
c. You and all other persons in the Vehicle during the Hire Period are required to comply with any and all reasonable directions of the driver at all times.
d. You, all other persons in the Vehicle and all members of the Tour during the Hire Period are required to comply with the laws of Victoria and the Commonwealth of Australia.
e. Should You or any other persons in the Vehicle or any members of the Tour engage in any illegal activity, anti-social behaviour, abuse of other road users, or other objectionable behaviour towards the driver or members of the general public, the driver may immediately terminate the Hire Period. We reserve the right to immediately terminate the Hire Period in the event of breach of this Clause and under such circumstances, the Total Booking Cost shall be forfeited.
f. You agree that You will indemnify Us in relation to any act, loss, damage, suits or actions resulting from You, all other persons in the Vehicle and all members of the Tour, during the Hire Period.

17. PERSONAL INFORMATION AND PRIVACY
a. In accordance with Our obligations under the Privacy Act 1988, We will only collect personal information from You that is reasonably necessary for, or directly related to Your Booking.
b. We undertake that any personal information collected from You for Your Booking will be reasonably protected and will not be disclosed for another purpose without the consent of You, unless otherwise required by law or required by these Terms and Conditions.

18. ACKNOWLEDGEMENT AND INDEMNITY
a. You indemnify Us and Our drivers, officers, employees, affiliates and representative agents against all claims, damages, losses, costs and expenses incurred by You and/or any other member of Your party as a result of:

• i. any act or failure to act by the owners of the Vehicle or their employees, agents, representatives, or subcontractors, pursuant to these Terms and Conditions;
• ii. any action or failure to act by You and/or any member of their party pursuant to these Terms and Conditions.

b. You agree not to take any action against Us for the result of any action or failure to act by the owners of the Vehicles or their employees, agents, representatives, agents or subcontractors.
c. You agree and acknowledge that We cannot control the acts of any third party who provides a service to you as a part of the Tour. In the event that You or a member of your Tour suffers any loss or damage or harm due to the actions of any third party associated with the Tour, you and the members of the Tour irrevocably agree to indemnify Us against any claim by You or a member of the Tour. This includes, but is not limited to personal sickness, injury, financial loss, loss of personal items, allergic reactions and medical emergencies.
d. In the event of a breach of any Clause hereunder, You irrevocably agree and acknowledge that the driver and We may immediately end the Tour and We are not obliged to arrange for alternate transportation of You and the other members of the Tour. Under such circumstances, You and the other members of the Tour shall be liable and responsible for making Your own arrangements pertaining to transport to Your chosen destination(s) and no refund shall be issued to You or any member of the Tour.

19. TERMINATION AND VARIATION
We may terminate these Terms at Our discretion at any time, not later than fourteen (14) days prior to the Hire Date, and if We terminate these Terms, We will refund the Total Booking Fee to You, and We shall have no further liability under these Terms.