TERMS AND CONDITIONS – 88 LUXURY TOURS

Effective Date: August 2026

These Terms and Conditions (“Terms”) apply to tours, transfers, charters and other services provided by 88 Luxury Tours (“88 Luxury Tours”, “we”, “us” or “our”).

By making a booking, paying for a booking, or participating in one of our services, you acknowledge that you have read, understood and agreed to these Terms.

Where a booking is made on behalf of other passengers, the person making the booking is responsible for ensuring that all passengers are aware of these Terms.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

1. BOOKINGS AND PAYMENTS

1.1 Booking Confirmation

All bookings are subject to availability and are confirmed only when confirmation is issued by 88 Luxury Tours.

1.2 Prices

Unless otherwise stated, all prices are quoted in Australian dollars (AUD) and include GST where applicable.

1.3 Payment

Full payment is required at the time of booking unless alternative payment arrangements have been agreed by us in writing.

1.4 Booking Information

Customers are responsible for providing accurate booking information, including passenger numbers, contact details, pickup locations, dates and any relevant requirements.

88 Luxury Tours is not responsible for losses arising from incorrect information supplied by the customer.

1.5 Third-Party Bookings

Where a booking is made through a third-party platform, travel agent or online travel agency, additional terms imposed by that provider may apply.

Where a third-party cancellation or refund policy forms part of the booking, that policy may apply to the booking subject always to rights available under Australian Consumer Law.

2. CUSTOMER CANCELLATIONS

2.1 More Than 24 Hours Before Departure

Cancellations made more than 24 hours before the scheduled start of the service are eligible for a full refund of amounts paid to 88 Luxury Tours, subject to clause 2.4 regarding non-refundable third-party costs.

2.2 Within 24 Hours

For cancellations made 24 hours or less before the scheduled start of the service, amounts paid are generally non-refundable, subject to any rights the customer may have under Australian Consumer Law.

2.3 No-Shows

Failure to attend the agreed pickup location at the required time without prior agreement will be treated as a no-show and is generally non-refundable, subject to Australian Consumer Law.

2.4 Third-Party Costs

Some tours include tickets, accommodation, meals, tastings, attraction admissions or other services purchased from third-party suppliers.

Where these items have been purchased specifically for your booking and are non-refundable under the supplier’s terms, their cost may be deducted from any refund otherwise payable, to the extent permitted by law.

Examples may include Penguin Parade tickets, wildlife park admission, winery experiences, accommodation and special event tickets.

2.5 Changes of Date

Requests to change a booking date are subject to availability and any additional costs incurred.

We will make reasonable efforts to accommodate changes requested more than 24 hours before departure.

3. CANCELLATIONS OR CHANGES BY 88 LUXURY TOURS

3.1 Operational Changes

We may reasonably alter an itinerary, route, departure time, attraction, vehicle or other aspect of a tour where necessary because of:

  • weather or road conditions;

  • bushfires, flooding or natural events;

  • road closures or traffic incidents;

  • attraction closures;

  • safety concerns;

  • vehicle breakdown or mechanical issues;

  • government restrictions;

  • insufficient access to a destination;

  • circumstances outside our reasonable control; or

  • other operational circumstances where the change is reasonably necessary.

Where practicable, we will provide a reasonable alternative.

3.2 Itinerary Variations

Tour itineraries and advertised timings are indicative and may change.

Stops may be shortened, changed, substituted or omitted where reasonably necessary because of weather, traffic, road closures, attraction availability, passenger safety or circumstances beyond our reasonable control.

A reasonable itinerary variation does not automatically entitle a passenger to a refund.

Nothing in this clause limits rights available under Australian Consumer Law.

3.3 Cancellation by Us

If we cancel a tour and cannot provide a reasonable alternative or rescheduled service, customers will be offered an appropriate refund or rescheduling option, subject to Australian Consumer Law.

4. WEATHER AND NATURAL CONDITIONS

Tours operate in varying weather conditions.

Rain, wind, heat, cold, cloud, poor visibility or other ordinary weather conditions do not automatically entitle a customer to cancel or receive a refund where the tour can safely and reasonably proceed.

Natural attractions and wildlife cannot be guaranteed.

This includes, without limitation:

  • wildlife sightings;

  • waterfalls and water levels;

  • snow conditions;

  • coastal visibility;

  • sunsets;

  • ocean conditions; and

  • other naturally occurring conditions.

Where conditions create a safety concern, we may alter, postpone or cancel the affected portion of the tour.

5. PICKUP TIMES AND LATE PASSENGERS

5.1 Pickup Times

Passengers must be ready at the confirmed pickup location at the advised time.

Pickup times may vary because of traffic, road conditions and multiple passenger pickups.

5.2 Late Passengers

Group tours operate to scheduled itineraries and cannot ordinarily be delayed for late passengers.

If a passenger is not present at the confirmed pickup location at the required time, the driver or guide may continue the tour without that passenger.

This may be treated as a no-show.

5.3 Incorrect Pickup Location

Passengers are responsible for attending the correct pickup location.

We are not responsible for a missed departure resulting from a passenger attending an incorrect location or providing incorrect accommodation or pickup information.

6. RETURN TIMES AND ONWARD TRAVEL

Tour return times are estimates only.

Traffic congestion, road closures, accidents, weather, passenger delays and other circumstances can affect return times.

Customers should allow sufficient time between the expected completion of a tour and any flight, cruise, train, restaurant booking, event or other onward arrangement.

Unless expressly agreed by us in writing as part of the booking, 88 Luxury Tours does not guarantee arrival by a particular time and is not responsible for consequential losses arising from reasonable delays outside our control, subject to Australian Consumer Law.

7. VEHICLES

We endeavour to provide the vehicle type described or booked.

However, where reasonably necessary for operational, maintenance, safety or availability reasons, we may substitute another vehicle of reasonably comparable capacity and standard.

Specific vehicle models cannot be guaranteed unless expressly confirmed in writing as an essential condition of the booking.

8. PASSENGER RESPONSIBILITIES

Passengers must:

  • comply with reasonable safety instructions from drivers, guides and staff;

  • behave respectfully towards staff, other passengers and members of the public;

  • comply with applicable laws;

  • avoid conduct that could endanger themselves or others;

  • avoid damaging vehicles or property; and

  • remain within designated areas and return to the vehicle at advised departure times.

9. PASSENGER CONDUCT

We reserve the right to refuse carriage or remove a passenger from a tour where their behaviour is reasonably considered:

  • dangerous;

  • abusive, threatening or harassing;

  • excessively disruptive;

  • unlawful;

  • likely to cause damage;

  • likely to compromise the safety or enjoyment of other passengers; or

  • inconsistent with reasonable instructions from the driver or guide.

Where a passenger is removed for serious misconduct, they will be responsible for arranging their own onward transport.

Any refund entitlement will be determined having regard to the circumstances and applicable law.

10. ALCOHOL, SMOKING AND ILLEGAL SUBSTANCES

Smoking and vaping are prohibited inside all 88 Luxury Tours vehicles.

Illegal drugs are prohibited.

Alcohol may only be consumed inside a vehicle where expressly permitted by 88 Luxury Tours and where lawful.

Passengers who are intoxicated to an extent that creates a safety risk or materially disrupts the tour may be refused carriage.

11. CHILDREN AND CHILD RESTRAINTS

Parents and guardians remain responsible for supervising children throughout the tour.

Customers must advise us at the time of booking of the ages of children travelling and whether a child restraint is required.

Where child restraints are required by law, the tour may not proceed with the affected child unless an appropriate restraint is available and correctly installed.

Child seats may be available for certain private tours by prior arrangement.

12. HEALTH, MOBILITY AND ACCESSIBILITY

Customers are responsible for considering whether a tour is suitable for their individual circumstances.

Passengers should advise us before booking of any mobility requirements or other circumstances that may materially affect their ability to participate safely in the booked activity.

We will make reasonable efforts to accommodate disclosed requirements where practicable.

Nothing in this clause requires passengers to disclose information beyond what is reasonably necessary for us to safely provide the service.

13. LUGGAGE AND PERSONAL PROPERTY

Passengers are responsible for their personal belongings.

Passengers should not leave valuable items unattended in vehicles.

To the extent permitted by law, 88 Luxury Tours is not responsible for loss, theft or damage to personal property unless caused by our negligence or failure to exercise due care and skill.

Customers travelling with substantial luggage must advise us before booking so that we can confirm appropriate vehicle capacity.

14. DAMAGE TO VEHICLES OR PROPERTY

Passengers may be responsible for the reasonable cost of repairing damage or excessive cleaning caused intentionally or negligently by them.

This may include damage to:

  • vehicle interiors;

  • seats and fittings;

  • windows;

  • equipment; or

  • other property belonging to 88 Luxury Tours or a third party.

Any amount claimed will reflect the reasonable loss or cost incurred.

15. THIRD-PARTY SUPPLIERS AND ATTRACTIONS

Some tours include services supplied by independent third parties, including attractions, accommodation providers, restaurants, wineries, wildlife parks and activity operators.

Third-party services may be subject to the supplier’s own terms, operating hours, availability and cancellation policies.

We are not responsible for acts or omissions of independent third-party suppliers except to the extent that liability arises under applicable law.

If an attraction becomes unavailable, we will make reasonable efforts to provide an appropriate alternative where practicable.

16. WILDLIFE

Wildlife sightings occur in natural environments and cannot be guaranteed.

Descriptions of opportunities to see kangaroos, koalas, birds, penguins or other wildlife indicate locations where sightings are reasonably expected but do not constitute a guarantee that particular animals will be visible.

17. PHOTOGRAPHY

88 Luxury Tours may occasionally take photographs or video during tours for promotional purposes.

Where an identifiable passenger is a primary subject of promotional photography or video, we will seek appropriate consent before using that material for marketing purposes.

Passengers may advise the guide if they do not wish to be photographed.

18. TRAVEL INSURANCE

We strongly recommend that customers obtain appropriate travel insurance.

Depending on the policy, travel insurance may provide protection for circumstances including illness, injury, travel disruption, missed connections, lost property and cancellations outside our cancellation policy.

Travel insurance is the responsibility of the customer.

19. LIABILITY AND AUSTRALIAN CONSUMER LAW

19.1 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy where doing so would be unlawful.

19.2 Our Services

To the extent permitted by law, we are not responsible for loss caused solely by circumstances outside our reasonable control, the actions of the passenger, or independent third parties for whom we are not legally responsible.

19.3 Passenger Negligence

88 Luxury Tours is not responsible for loss, injury or damage to the extent it results from a passenger’s own negligence, unlawful conduct or failure to follow reasonable safety instructions.

19.4 Public Liability Insurance

88 Luxury Tours maintains Public Liability Insurance covering liability up to AUD $20 million, subject to the terms, conditions, exclusions and limits of the applicable insurance policy.

The existence of insurance does not create additional liability beyond that imposed by law.

20. FORCE MAJEURE AND EVENTS OUTSIDE OUR CONTROL

Events outside our reasonable control may include severe weather, bushfire, flood, natural disaster, road closure, government action, public health emergency, industrial action or other events that prevent or materially affect the provision of the booked service.

Where such an event occurs, we will take reasonable steps to minimise disruption and, where appropriate, offer an alternative, rescheduling, credit or refund having regard to the circumstances, unrecoverable costs and applicable law.

Nothing in this clause limits rights arising under Australian Consumer Law or other applicable legislation.

21. PRIVACY

88 Luxury Tours respects the privacy of customers and handles personal information in accordance with applicable Australian privacy laws and our Privacy Policy.

We may collect information including:

  • name;

  • email address;

  • telephone number;

  • billing or booking information;

  • pickup and accommodation details;

  • passenger information; and

  • information reasonably required to safely provide the booked service.

Information may be collected through:

  • our website;

  • telephone and email communications;

  • booking forms;

  • online travel agencies and booking platforms;

  • travel agents;

  • social media; and

  • other service providers involved in processing a booking.

We use personal information for purposes including:

  • managing bookings;

  • providing tours and transport;

  • communicating with customers;

  • processing payments;

  • customer service;

  • improving our services;

  • complying with legal obligations; and

  • marketing where permitted by law.

We may disclose information where reasonably necessary to provide the booked service, including to booking platforms, payment processors, attractions and other service providers, or where required or authorised by law.

We take reasonable steps to protect personal information against misuse, interference, loss and unauthorised access, modification or disclosure.

Requests regarding access to or correction of personal information can be made using the contact details below.

22. COMPLAINTS

If you are dissatisfied with any aspect of our service, please contact us as soon as reasonably possible so that we have an opportunity to investigate and address the matter.

Complaints should include the booking name, date of travel and a description of the issue.

We will endeavour to respond within a reasonable timeframe.

23. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Victoria and any courts competent to hear appeals from them, subject to any rights a consumer may have under applicable law.

24. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The Terms applying to a booking will generally be those provided or made available to the customer when the booking was made, unless a change is required by law or otherwise agreed between the parties.

25. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as severed to the extent necessary without affecting the remaining provisions.

26. CONTACT US

For bookings, cancellations, privacy enquiries or complaints:

88 Luxury Tours
470 St Kilda Road
Melbourne VIC 3004
Australia

Phone: (03) 9059 8115
Email: info@88luxurytours.com.au