1. User Agreement

By:

• visiting and/or using our website and its associated services and functions (“Website”); or
• purchasing services from us (whether via the website, over the telephone or any other method),

you agree to be bound by these terms and conditions and the terms of our Privacy Policy (“agreement”).

This agreement is formed between: anyone who visits this Website, makes a booking, and/or makes a purchase (“you” and “your”) from us; and Colin May trading as Melbourne Australia Tours (“we”, “us” and “our”).

If you do not agree to any provisions of this agreement, you must not: use the Website; or make a booking and/or make a purchase from us (“Transaction”).

We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the Website following the making of those changes, you agree to be bound by the changes (except in relation to the provision of services already ordered, which will continue to be governed by the agreement in place at the time of ordering). You should check our agreement and policies from time to time, especially when entering into a Transaction, to acquaint yourself with the current versions of those documents.

2. Use of Website by You

• You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
• You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
• You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
• You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
• You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.
• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

3. Orders

• The provision of goods and/or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
• Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other terms and conditions at the price or fee specified.
• We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any good or service, an error in the price or description, or an error in your order.

4. Price and Fees

• Unless stated otherwise at the Website, prices and fees are valid only for the specified time period during which the goods or services are advertised for purchase.
• A $25 per person transfer fee may apply to any transfer to a different service or tour made within 7 days of the scheduled departure date.

5. Supply of Goods and Services

• Subject to this agreement, we will supply to you the goods and services shown on your order confirmation.
• We reserve the right to use other accredited tour operators to provide our services and will advise you if this is the case as there are times we will co-share with our business partners, but at no extra cost to you.

6. Rules and Regulations

• Seat belts to be worn where seat belts are fitted. Seat belt fines are 300 AUD per person.
• No drugs and no smoking on any of our buses is permitted.
• Offensive behaviour to anyone is not permitted on any of our buses.

7. Cancellation by You

• If you are not able to partake in a tour on the date and time you have booked, you should contact us as far prior to this date and time as possible.
• Full refund if booked more than 7 days of departure date.
• Cancellation within 7 days of departure date of the tour will result in a 50% loss of the ticket price.
• Cancellation within 48 hours of departure date or a failure to show will result in full tour price forfeiture.

Bring Extra Items on Our Buses

You will need permission or put this down on our special needs box when making a booking as we need to make sure we have room on the bus for you as example: Baby Prams/strollers, baby items, luggage, backpacks etc. It is strongly advised you let us know as if we don’t have room you will need to leave the item behind where you are staying or put it in storage. As this may be a safety risk and we don’t compromise with safety.

8. Cancellation by Us

• In some cases we may make alterations to a tour date, price, inclusions, itinerary, minimum numbers, ages etc. We reserve the right to cancel, change, transfer or substitute any tour that you have booked, at any time and for any reason. If you choose not to accept the alternatives offered you will be entitled to a full refund including the booking fee. Notwithstanding the above, if we receive advance notice of a significant change to a tour, we will make a reasonable effort to communicate this to you and to facilitate an amendment of the booking.
• If the tour you have booked is unable to be taken because of weather (as determined by us), it may be rescheduled. If the rescheduled date is not suitable, you may request, and we will provide a refund but we shall not be liable for any illness, injury, damages, loss, delay or failure to join a tour that may occur due to factors beyond our control. We highly recommend all passengers have travel insurance coverage.
• In some instances, bank fees and exchange rates may mean the amount refunded will be different to the amount originally paid for a tour, particularly in instances where a currency exchange is involved. You acknowledge and accept that we have no control over bank fees or exchange rates and we are unable to accept responsibility for any such discrepancies in refunded amounts.

9. Regarding Return Time

Please note that in some cases we may not be able to control return or arrival time due to unforeseen circumstances on the road.

10. Regarding Accommodation

Rooms at times of booking is confirmed, the owner/management of hotel decide on final room distribution and their responsibility.

Suppliers

Melbourne Australia Tours will follow its tour program as advertised on the website unless clients have asked differently. When we are at our suppliers venue, all clients including Melbourne Australia Tours are subject to any changes that our suppliers make and terms of conditions… We will not accept any responsibility due to the changes made by our suppliers as they may be without notice and beyond our control.

Disclaimer

Melbourne Australia Tours reserve the right to change the itinerary and pick ups of any tour, As time to time there maybe the following: Government Roadworks, special events, and anything unforeseen that is beyond our control.

Also some of our suppliers are under Government authority and we are subject to the government authority of this country.

11. Regarding National Parks

All national parks are under Victorian Government Control and changes/closures may occur anytime without or with notice. Melbourne Australia Tours can’t accept responsibility for any changes that government authorities make.

Melbourne Australia Tours will find alternatives and will advise clients of these changes.

Melbourne Australia Tours while on our tours will do its best to look for Australian wildlife as per itinerary programmes, but we can’t guarantee 100 percent that you will see them.

For clients that continue to turn up late after being asked by our tour manager to come back to the bus on time, we will not accept any responsibility if you miss out on something during the tour.

12. Minimum Numbers to Run a Tour

All tours required a minimum of people to run the tour unless its a private tours… If less than the minimum number Melbourne Australia Tours will put you on our co-share partners or ask you to move tour dates and no extra charge.

Package tours: These tours start at anytime but need a minimum of 6 people or more to run the tour.. when you enquiry or book with us and we don’t have enough for that date we will put you with another group of people that are wanting to go at same time as you. If still don’t have enough people we will suggest another tour package or put you on our day tours. If you want a private package tour then we will run at anytime with any number of people as per agree price.

13. Co-Share Partners

Melbourne Australia Tours reserves the right to use other tour accredited operators. Terms and conditions and itineraries of the tour operator may be different from Melbourne Australia Tours.

14. Ownership of Content and Intellectual Property

MAT is a registered Trademark company our trade marks are protected from commercial use by third parties. You must not use any registered or unregistered trade marks on the Program Website without either our prior written permission or the prior written permission of the relevant trade mark owner.

You should assume that everything you see or read on the Program Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Program Website without the written permission of MAT. MAT does not warrant or represent that your use of materials displayed on the Program Website will not infringe rights of third parties.

Images of people or places displayed on the Program Website are either the property of, or used with permission by MAT. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Program Website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You are also advised that MAT or its Affiliates, in their sole discretion, may choose to aggressively enforce its or its Affiliates’ intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant jurisdiction.

15. Breach of these Terms of Use

MAT may, in its sole discretion, prevent you from accessing the Program Website or remove and discard any content within the Program Website if, for any reason, including without limitation, if MAT believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. MAT reserves the right to contact any authority or other relevant party and disclose any personal information and information, or take legal action, regarding your conduct at the Program Website its sole discretion.

16. Promotions

Promotions may only be used once and not with any other offer unless permission is given by management in writing. Clients who have booked then cancel because they have seen a promotion may be charged a cancellation fee. These clients are best to contact management if they have seen a promotion instead of going through the process of rebooking. Terms and conditions are written in the best interest of all groups and hope all parties understand each other before any permissions are given.

17. Travel Insurance

We recommend you have travel insurance just in case anything unforeseen happens.

18. Pick Up Locations

Pick up locations may be changed as we might have to comply with events, or government road closures or any order from the Victorian Government or local authorities.

19. Applicable Law

• This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
• If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

Melbourne Australia Tours accepts no responsibility for those that fail to read the terms and conditions.

These terms and conditions are written by our lawyer who is an expert in Australian Law.

Thank you, Melbourne Australia Tours Management.

Last updated: March 2022