Terms and Conditions

Last updated: November 10, 2014

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.MelbourneVictoriaTours.com.au website (the "Service") operated by David Keith Hamilton operating as Melbourne Victoria Tours ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by David Keith Hamilton operating as Melbourne Victoria Tours.

David Keith Hamilton operating as Melbourne Victoria Tours has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that David Keith Hamilton operating as Melbourne Victoria Tours shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

We do not endorse the any products and services, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

David Keith Hamilton operating as Melbourne Victoria Tours its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us.

Cancellations by you

If you are unable to participate in the tour in which you purchased or another party has purchased for you, you should contact us as soon as practically possible prior to the tour date.

Cancellations more than 14 days in advance will be refunded 100%. Cancellations within 7 Days will result in a 50% penalty, and cancellations within 24 hours will forfeit the full price. Exemptions MAY be made for exceptional circumstances such as illness or death of an immediate family member.

Cancellations by us

We have the right to cancel, modify, change or substitute a tour at any time prior to 24 hours of departure for any reason. If we cancel, modify, change or substitute a tour or any part of a tour, we will notify you immediately. If you choose not to accept the alterations to the tour, you will be entitled to a full refund.

If the tour is required to be canceled or delayed due to weather or an unforseen circumstance such as a driver falling ill, we will do our best to accommodate you to an alternative tour, alternative date, or alternative driver. If we can not accommodate you and your tour, or you do not accept the alternatives, you will be entitled to a full refund.

Allocated Pickup and Return Times

The times in which we allocate for both pick up and drop off for each tour is a guide only. During certain weather, and during certain seasons these times may differ by up to an hour. We will notify you of the pick up and drop off time prior to a tour however unforseen circumstances such as unexpected weather, or a driver falling ill, or another passenger running late may delay the times.

Rules and Regulations

Seat Belts are to be worn at all times where seat belts are available

No Drugs or Alcohol are permitted on any vehicle. Smoking is not permitted inside the vehicle at any time.

Offensive, Rude or Violent behavior will not be tolerated, and you will be asked to vacate the vehicle.

Public Liability

We are insured by QBE insurance for $10,000,000 (10 Million) in public liability, however exclusions (activities which are NOT covered) include :

- Adventure Activites - including but not limited to rock climbing, abseiling, flying fox, bush walking, horse riding, camping, water activities and/or watercraft activities or similar activities.

- Personal injury or damage to property of persons actualy participating in any performance, sport, game, contest or display involving athletic, acrobatic, military or equestrian skil or the use of firearms, missiles of any kind, explosives or combustibles.

- Personal injury or damage to property of persons caused by the useof mechanical amusement devices


Rooms are booked at the time of your booking confirmation, however the hotel has the final decision on the room distribution. Rooms will be shared where appropriate between family members. Please note that due to unforseen circumstances there may be a need to change the hotel room or hotel location / booking. If this is required, we will notify you at the earliest convenience.

National Parks

All parks located in Victoria are controlled by either Parks Victoria under the Victorian Government Control or privately owned. These parks may occur changes or closures at any time with or without notice. Melbourne Victoria Tours is not responsible for closures or changes to the parks which are scheduled to visit, however we will accommodate the tour to an alternative location if possible in the event of a closure.

Melbourne Victoria Tours will attempt to accommodate each passenger in visiting wild life and national parks, however we can not guarantee that you will see a particular wild life or particular location. For customers who are late at any time during the tour at the fault of the customer, Melbourne Victoria Tours will not be held responsible for missing or skipping a location due to time constraints.

Prices and Fees

The Prices and Fees shown on the website may change at any time without notice. The prices shown are for specific time frames unless otherwise stated. If the check out process shows an incorrect calculation of price, this does not entitle you to book in the tour at the lower price. Please contact us if the price shown is inaccurate.