Terms & Conditions

 

Mark's Melbourne Private Tours Pty Ltd endeavours to ensure your touring with us is safe and enjoyable.

Please take the time to read through our Terms and Conditions.

If you have any queries on our Terms and Conditions please contact our office for further assistance on +61 403 751 004

We reserve the right to change the Terms and Conditions without notice. A current version of the Terms and Conditions is always available on this page.

Terms and Conditions

The driver is responsible for the safety of the vehicle.
Mark's Melbourne Private Tours Pty Ltd shall not be liable for any loss or inconvenience caused by the termination of its service due to unforseen circumstances.
All passengers must wear a seatbelt and be seated at all times when the vehicle is moving.
Passengers are not permitted to place any part of their body outside the vehicle, whilst the vehicle is moving.

QUOTES & BOOKINGS:

All bookings and information you supply is kept strictly Private and Confidential andwill not be sent or on forwarded to any third party.

PAYMENTS:

All bookings must be secured with full payment.
All invoices must finalized by their due date.
Mark's Melbourne Private Tours Pty Ltd reserves the right to add interest at the rate of 7% compound interest per calendar month after the date by which payment should have been made.
Any costs and/or fees that are incurred on the Professional Costs as a result of Mark's Melbourne Private Tours Pty Ltd Australia having to refer the file externally to a Debt Recovery Agency and/or Lawyers will be borne by the client. These Costs will be pursued until paid.

 

BREAKDOWN & DELAYS:

The Company gives its advice on journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable for loss or inconvenience caused by the actual journey time and or breakdown of the hire vehicle.
The time of arrival at starting point, stop-over point, destination, or return to point of origin cannot be guaranteed. All Mark's Melbourne Private Tours Pty Ltd drivers are accredited and pre-selected and have instructions to drive at all times in compliance to all governing laws. Unusual road, traffic and weather conditions are beyond the control of Mark's Melbourne Private Tours Pty Ltd and the driver, and delays occasioned by same will not be the responsibility of Mark's Melbourne Private Tours Pty Ltd or the driver. Late arrivals due to these and other occurrences are out of the control of the driver .

 

PASSENGERS PROPERTY & LOST PROPERTY:

 


Mark's Melbourne Private Tours Pty Ltd agrees that in agreeing to carry the passengers luggage or effects the hirer does not carry the same as bailee but such luggage or effects remain at the sole risk of the passenger concerned and the Mark's Melbourne Private Tours Pty Ltd shall not be liable for any loss or damage of such baggage or effects of whatsoever nature and howsoever caused including negligence.
Mark's Melbourne Private Tours Pty Ltd does not accept liability for any damage to or loss of any property left upon the vehicle by a passenger whether or not with the knowledge of Mark's Melbourne Private Tours Pty Ltd the driver, its servants or agents.
All lost property will be returned to Mark's Melbourne Private Tours Pty Ltd office and registered in our Lost & Found Register.
All lost property will be held at Mark's Melbourne Private Tours Pty Ltd office for a maximum of six (6) months after which all items will be disposed of accordingly.

EQUIPMENT:


If for some reason beyond the control of Mark's Melbourne Private Tours Pty Ltd ,a mechanical failure makes necessary the replacement of a vehicle, the replacement vehicle may be of a different type. 
 

GENERAL TERMS & CONDITIONS:

Mark's Melbourne Private Tours Pty Ltd reserves the right to outsource tour and charter work when it is unable to undertake a booking because of vehicle or driver availability. (This will not result in an increase in the agreed quote provided unless the vehicle provided is specifically requested by the client).
Your driver has been trained to manage emergency situations. In the case of an emergency, please follow the driver’s instructions.
Mark's Melbourne Private Tours Pty Ltd reserves the right to replace a vehicle with mechanical problems with a different type of vehicle or engage a sub-contractor to complete the charter.
The driver is ultimately in total control of the charter and will communicate with the tour leader regarding alterations to the charter or requests from the group.
Quotes are valid for 1 week (7 days) and may vary after this time to cover any additional costs for fuel or government charges.
The agreed and arranged finishing time remains the same (unless extended) regardless of the starting time.
Special requests by the client during the tour or charter are to be agreed to by the driver.
By confirming your booking with Mark's Melbourne Private Tours Pty Ltd you are agreeing to Mark's Melbourne Private Tours Pty Ltd Terms and Conditions.
By making a booking with Mark's Melbourne Private Tours Pty Ltd you are bound by its Terms and Conditions.
All bookings must be confirmed with a monetary deposit or payment in full.

OVERNIGHT & EXTENDED DAY TRIPS:

The Hirer is responsible for reserving and paying for a separate room and meals for each driver for any overnight tour or charter.
 

COMPLAINTS:

Any complaints in respect of Mark's Melbourne Private Tours Pty Ltd services should be made in writing to the company’s head office within 14 days by post. All complaints will be registered in our Complaints Register.

 

 

FORCE MAJEURE:

 

 

Mark's Melbourne Private Tours Pty Ltd shall not be liable for failure or delay in performing obligations set forth in this agreement and shall not be deemed in breach of its obligations, if such failure or delay is due to natural disasters, strike, lock-out, or other industrial or transportation disturbances, law, regulation or ordinance, or any causes reasonably beyond the control of Mark's Melbourne Private Tours Pty Ltd.

LIMITATION OF LIABILITY:

NEITHER Mark's Melbourne Private Tours Pty Ltd, NOR THE SERVICE PROVIDER, SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER CHARTER OR ANY THIRD CHARTER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR marks Melbourne Private Tours Pty Ltd. OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER Mark's Melbourne Private Tours Pty Ltd, NOR THE SERVICE PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY CHARTER FOR AN AMOUNT GREATER THAN THE SINGLE BUS CHARTER FEE FOR THE DAY IN QUESTION.

PRICES SUBJECT TO CHANGE:

All prices quoted in the confirmation are subject to change under the circumstances described;
(a) If the price of fuel increases by more than three percent (3%) between the date of the confirmation and the date of the charter, Mark's Melbourne Private Tours Pty Ltd may charge a fuel surcharge;
(b) If there is a change in the federal, state or local laws or regulations or market conditions between the date of the confirmation and the date of the charter that (i) Require material modifications be made to the vehicle chartered under the confirmation prior to the date of the charter; (ii) Cause Mark's Melbourne Private Tours Pty Ltd to incur material additional or increased expenses in providing the charter services;
(c) If due to market conditions or order discrepancies the estimated cost of the trip is higher than the initial estimate.

ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, either oral or written with respect to the subject matter hereof.

NO ASSIGNMENT:

The Hirer may not assign this Agreement or any of their respective rights, interests, duties or obligations hereunder without the prior written consent of Mark's Melbourne Private Tours Pty Ltd Mark's Melbourne Private Tours Pty Ltd assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Hirer.