YOUR EXCLUSIVE TOURS
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 – “Your Tour, Your Experience”.
TERMS AND CONDITIONS
1. DEFINITIONS
a. Booking means a reservation for a Tour, at the Tour Fee, on the Tour Date and for the Tour 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 and services and materially affects the performance of any of Our obligations to You and could not reasonably have been foreseen or provided against.
c. Tour Period means the period during which We provide You with the Tour.
d. Total Booking Cost means the total fee applicable to the Booking, including GST.
e. 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.
f. Tour Date means the date on which We agree to provide You with the Tour.
g. Tour Fee means the amount you agree to pay Us for providing You with the Tour. The Tour Fee may be a fixed sum per head, hourly rate or combination of a fixed sum and hourly rate.
h. Tour Period means the period during which We provide You with the Tour.
i. Vehicle means the vehicle nominated by Us for the purpose of providing the Tour to You.
j. We, Us, Your Exclusive Tours means RJBR Industries Pty Ltd trading as Your Exclusive Tours
k. You means the person or entity requesting the Booking and, where the context requires, each of Your clients/guests and members of the Tour.
2. CUSTOMER CODE OF CONDUCT
a. You must, at all times during the Tour 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 Tour 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 Tour 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 Tour Period.
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 Tour Period.
3. HEALTH AND SAFETY
a. The health and safety of You, members of the Tour and our staff is of utmost importance to us.
b. No participant in a Tour may attend if they are unwell in any way.
c. Where any government regulations or restrictions apply to Us or the provision of a Tour:
i. Ensure that You read and familiarise Yourself any guidelines We provide to You prior to the Tour commencing;
ii. The number of members of the Tour and their identity must be accurately disclosed at the time of making Your Booking. It is in Our ultimate discretion as to the numbers of persons and identity of persons who can take part in any Tour. Should you seek to add additional persons or substitute persons on the day of the Tour, the Tour may be cancelled at Our discretion;
iii. Our drivers will give specific instructions in relation to the seating of members of the Tour and other health and safety matters, including the use of hand sanitiser, PPE and other hygiene measures. You and the members of Your party must strictly adhere to these directions at all times;
iv. If you or a member of Your party appears to be unwell in any respect at any point in the Tour, the Tour will be immediately cancelled;
v. You and each person attending the Tour must comply with any restrictions, directions, law, health orders or other mandatory measures applicable to You, Us, the Tour, the Vehicle and venues which are visited during the Tour;
vi. In the event that We are legally obligated to ascertain that each person attending the tour is vaccinated, you must provide us with a valid official proof of vaccination for each person attending the Tour not less than 48 hours in advance of the Tour. Where a valid official proof of vaccination is required and has not been provided as above, this shall constitute a cancellation of the Booking and our standard Terms and Conditions regarding cancellation shall apply.
d. Should you fail to observe and comply with the obligations set out in this Clause 3, Our driver shall end the Tour immediately and all monies paid by You for said Tour shall be retained by Us. You will not be entitled to the refund of any amounts paid to Us in such circumstances. You agree to these terms and waive any rights you may have in respect of such matters.
e. In the event that a Tour is cancelled in accordance with this Clause 3, You will be responsible for the transport of You and the members of your party from the place of termination of the Tour. We are not obliged to transport you to the start or end point of the Tour, or to any other locations in these circumstances.
f. In the event that You or a member of Your party acts (or omits to act) in a manner which puts the health and safety of Our driver, or other participants in the Tour or at venues who are not related to You and Your party (“Other Parties”) at risk, You shall be liable to Us and the Other Parties for any loss, damage, or other adverse consequences of such acts or omissions, including the refund of any amounts paid at our discretion to Other Parties or to persons/business who would have benefited financially or otherwise from the Tour proceeding as scheduled. Such amounts shall be calculated in Our discretion and charged to your credit card previously provided to Us. You irrevocably agree to the charging of such amounts to your credit card and undertake to Us that You shall not dispute such charges with Us or your credit card provider.
g. In the event that as a result of You, or a member of Your party failing to comply with these Terms and Conditions, a person becomes unwell or contracts any type of sickness, particularly COVID-19, You shall compensate that person for any financial or medical loss. You irrevocably agree to the charging of such amounts to your credit card and undertake to Us that You shall not dispute such charges with Us or your credit card provider.
h. You and the members of your party irrevocably waive and discharge Us from any liability associated with You or a member of your party suffering financially, medically or otherwise detrimentally due to a health and safety matter.
4. TOURS
a. Your Exclusive Tours is in the business of providing Tours to the public.
b. Various Tours are offered by Us on Our website, at certain Tour 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 their absolute discretion as to how the time and elements of the Tour can be modified to ensure that the Tour Period is observed and as many elements of the Tour completed. The driver may, but is not limited to:
i. Extend the Tour 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;
v. Cancel the Tour at any time,
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 Tour 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.
5. 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.
6. 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 2% of the Total Booking Cost for credit card payments.
d. A Booking deposit of 30% of the Total Booking Cost is payable by You by credit card at the time of making the Booking.
e. In addition to the Booking Deposit, We may require full prepayment of any Tour activities/highlights/inclusions. Should this be required, We will advise You at the time of booking and payment of these costs must be paid in the same manner and time as the Booking deposit is payable.
f. We will collect balance of the Total Booking Cost 7 days prior to the Tour Date by directly debiting your credit card.
g. Should You make a Booking within inside of 14 days of the Tour Date, then full payment of the Total Booking Cost at the time of booking is required to secure the Booking.
h. 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. The Tour 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.
i. Payment for the Tour Fee shall be made in full by You and We shall not be liable for, or responsible for obtaining payment from each individual member of Your Tour.
j. 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.
7. CANCELLATIONS AND REFUNDS
a. The following costs are payable in respect of any cancellation of a Booking:
| Within 14 days of the Booking being confirmed, but more than 14 days prior to the Tour Date | Cancellation fee of $150.00, to be deducted from the Booking deposit, plus Tour activities/highlights/inclusions forfeited in full. |
| 14 days after the Booking being confirmed, but within 14 days of the Tour Date | Forfeiture in full of the Booking deposit, plus Tour activities/highlights/inclusions forfeited in full. |
| Within 14 days of the Tour Date | Forfeiture of the Total Booking Cost, plus Tour activities/highlights/inclusions forfeited in full. |
| On the Tour Date, including cancellation by Us for Your breach of these Terms and Conditions | Forfeiture of the Total Booking Cost, plus Tour activities/highlights/inclusions forfeited in full, plus any fees/costs/charges payable under these Terms and Conditions. |
| Tour highlights/inclusions Costs | Are non-refundable unless the cancellation of the Tour is as a result of the activities/highlights/inclusions operator cancelling the event, or where We cancel the Tour for reasons outside of Our control, including Force Majeure Events. |
b. If You fail to be present at the agreed collection point for the commencement of the Tour Period, You will be deemed to have cancelled Your Tour.
c. You authorise Us to deduct the applicable above amounts and any other amounts due under these Terms and Conditions from your nominated credit card as necessary pursuant to these Terms and Conditions.
d. We reserve the right to cancel Tours within 48 hours of the Tour 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 or a full refund, to be determined by Us in consultation with You.
8. PICK UP / DROP OFF LOCATION
a. We will contact You 24 hours prior to the commencement of the Tour 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 Tour 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 Tour Period, notwithstanding that the route may not be the shortest or quickest route to the drop off location.
9. EXTENSION OF TIME
a. You may extend the time of the Tour Period, by agreement with Our driver, at Our driver’s absolute discretion.
b. In the event that you are uncontactable during the Tour 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 in accordance with these Terms and Conditions.
c. Extensions of time will be charged at a rate of $130.00 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 pay cash to the driver; or
ii. You irrevocably authorise Us to charge the extension of time fees, in accordance with these terms and conditions to Your credit card provided to Us at the time of the Booking.
10. ADDITIONAL STOCK REQUESTS
a. You may request Us to organise and include additional stock in the Vehicle for the Tour Period.
b. All requests for additional stock must be made at least 7 days prior to the Tour 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 Tour Period.
11. 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.
12. 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 Tour Period will be terminated immediately, without refund of any part of the Total Booking Cost.
13. 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 Tour 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.
14. VEHICLE ACCIDENTS, BREAKDOWNS, AND MALFUNCTIONS
a. 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 Tour 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 best endeavours to continue to provide the Tour. The alternate Vehicle selected for travel will be at Our sole discretion.
c. In the event that an equivalent or alternative Vehicle, or alternate arrangements for the Tour Period cannot be made for the Tour Period, We will provide you with a credit for a future Tour or a full refund, to be determined by Us in consultation with You.
15. UNFORESEEN EVENTS OR CIRCUMSTANCES
a. You acknowledge that from time to time and for reasons beyond Our control, the Vehicle booked for the Tour Period may be unavailable due to unforeseen events, circumstances, or any other reason.
b. Should such an event occur, We will:
i. Make contact with You and inform of such change prior to the start of the Tour Period, and;
ii. We will use Our best endeavours to make arrangements for an equivalent or alternative Vehicle to be made available for the Tour Period; and
iii. In the event that an equivalent or alternative vehicle cannot be made available for the Tour Period, We will provide you with a credit for a future Tour or a full refund, to be determined by Us in consultation with You.
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 Tour 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 resolution or completion of the Force Majeure Event, We will as soon as reasonably practicable, recommence the performance of Our obligations under these Terms.
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.
16. 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 Tour 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.
17. 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 Tour Period or left in the Vehicle after the Tour 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.
18. 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 Your consent, unless otherwise required by law or required by these Terms and Conditions.
19. 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;
iii. Any financial penalty suffered by us as a result of You or a member of Your party failing to comply with any restrictions/directions/law/health orders or other mandatory measures applying to Us, You, a member of your party, particularly in relation to COVID-19 matters.
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.
20. TERMINATION AND VARIATION
a. We may terminate these Terms at Our discretion at any time, not later than fourteen (14) days prior to the Tour 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.