Terms & Conditions
You must agree to these Terms and Conditions and the Waiver and Release before payment is accepted.
By paying for, and participating in, the activities offered by Detourist, being 4x4 off-road tours and bush walking tours (the ‘Detourist Activity’ or ‘Detourist Activities’ interchangeably), you agree to the following Terms and Conditions:
This website contains information, data, documents, pages and images (the ‘Material’) prepared by Detourist, its owner or proprietor, employees, personnel, tour guides, agents or contractors (collectively, ‘Detourist’), or used under license to Detourist. The Material is subject to copyright laws and use of the Material without prior written permission is prohibited.
Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, (or any legal liability imposed or implied by law) which may not legally be limited or excluded, and all terms, guarantees, warranties or representations or conditions not expressly stated, or otherwise covered by the Australian Consumer Law, are specifically excluded.
All Detourist Activities advertised on the Detourist Website are offered as described with no express or implied warranty or representation given as to the experience by a participant of any Detourist Activity. Detourist reserves the right to remove, change or amend a Detourist Activity or a description of a Detourist Activity at any time and will communicate all removals, changes or amendments on the Detourist website from time to time.
Use of the Detourist website, including the making of payments through online payment facilities, to make a purchase of and to participate in any Detourist Activities is at your own risk. It is your responsibility to only access the Detourist website using equipment with suitable antivirus software protection, and to take all other reasonable protective measures when accessing the internet or using online payment facilities. Detourist is not responsible nor liable for any direct or indirect loss, costs or damage you may suffer in using the Detourist website, including (but not limited to):
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records, or
reliance on the accuracy, suitability or currency of any information on the Detourist website, including any advertised Detourist Activities (including third party material and advertisements on the website).
This policy may be amended from time to time and the updated version made publicly available on the Detourist website. Your continued use of the Detourist website and participation in any Detourist Activities will constitute your acknowledgement and consent to be bound by the updated policy.
You acknowledge and accept that by using the Detourist website, contacting Detourist, and making purchases to participate in Detourist Activities, Detourist may require the provision of personally identifiable information (‘personal information’). Personal information may be collected when you purchase a Detourist Activity, communicate with Detourist online/by phone/face-to-face, provide any feedback/complaints, or take part in any Detourist promotions and promotional materials.
Detourist may collect the following personal information:
first and last name
date of birth
contact phone number
address (residential and/or billing)
complaint and feedback details.
Detourist may also collect information about purchase histories and use of the Detourist website through the use of web browser cookies. Cookies may be disabled in web browsers however this may affect the functionality, and your use of, the Detourist website.
Personal information collected by Detourist may be used for the purposes of:
Detourist record keeping purposes
the sale and promotion of Detourist Activities, or other Detourist products and services
communicating through marketing and other promotional materials and information
understanding the requirements of Detourist customers to tailor Detourist activities, products and/or services, and
for any matters incidental to, or associated with, the above permitted uses.
Personal information collected by Detourist may be disclosed to authorised individuals for the purpose of day-to-day business operations and providing goods and services to customers (including all matters incidental to or associated with the provision of those services), or third party contractors providing services that assist in the day-to-day operations of the business. Other than the above permitted disclosures, personal information may only be disclosed where:
consent has been provided
it is required by operation of the law, or the requirement of a court or regulatory process to disclose
for purposes incidental to or associated with day-to-day business operations,
if the Detourist business is sold, merged or taken over
for purposes within reasonable expectations, or
for the protection of the business in the event of fraud or fraudulent activity.
Detourist will take all reasonable steps to safeguard all collected information when collecting, storing, and, where legally required, destroying the information in accordance with statutory record keeping obligations.
Information collected via the Detourist website is subject to stringent safeguards, and collected information is stored in on-site back-up hard drives and on contracted third party cloud servers located in Australia and overseas (including the USA and Europe). Please note certain regulatory bodies or governments in overseas jurisdictions may allow those bodies or governments to see your personal information when stored on servers in those countries. By using the Detourist website, or participating in Detourist Activities, you consent to the collection and storage of your personal information on servers in Australia, the USA and Europe. It is acknowledged that no method of electronic transmission or storage is guaranteed to be secure against all risks and while Detourist will take all reasonable steps to protect collected information and provide secure electronic transmission services, Detourist will not be held liable for events outside of its control that arise from unauthorized access to personal information.
With regard to any credit card details supplied to Detourist to make a payment for Detourist Activities, these details are immediately destroyed once payment has been made.
No payment will be accepted until you have accepted these Terms and Conditions and agreed to the Waiver and Release by selecting the check box.
Detourist requires debit or credit card details and 100% payment at the time of booking to secure said booking.
Detourist Activities are all-weather activities. No cancellations will be accepted due to wet or windy weather.
Detourist reserves the right to cancel or alter any Detourist Activity (including the itinerary) at any time due to unforeseen circumstances, including (amongst other unforeseen circumstances) illness, operator/tour guide availability, adverse weather or vehicle mechanical failure. In the event a cancellation by Detourist occurs, Detourist will have discretion to offer a refund (at all, in part, or in full) or to offer credit to be used for a Detourist Activity to be redeemed at a mutually agreeable time and date, but no later than 3 months of the cancellation, to the full extent permissible under the Australian Consumer Law.
Detourist reserves the right to cancel a tour at any time, or stop a participant from participating in a Detourist Activity if:
the tour guides reasonable instructions or directions are not being followed by a participant,
a participant behaves in a violent, hostile, aggressive manner or otherwise behaves in a manner that endangers the safety of other participants or the tour guide,
a participant is, in the opinion of the tour guide, considered to be adversely affected by drugs or alcohol,
a participant fails to register whether online or on paper in accordance with Detourist’s COVID-19 registration procedures.
In the event of the customer cancelling a booking the following refund policy applies:
all cancellations must be made in writing
at least 30 days’ notice must be given for any cancellation with a 100% refund or credit, otherwise a 50% cancellation fee will be incurred
100% cancellation fee will apply to cancellations within 48 hours of departure time
100% cancellation fee will apply where a participant fails to show for a Detourist Activity.
Detourist Activities prices do not include meals. Water is provided and food may be purchased at local shops by participants at their own cost, or participants can bring their own food (with the exception of alcohol).
All bookings are subject to availability at the time of making the booking.
The cost of a Detourist Activity is a set price and is subject to a maximum of four (4) passengers. Kids must be over the age of 8.
This set price is based upon pick up and drop off within a 15 km radius from Gosford.
There is a maximum of four (4) participants per booking (dependent on availability for each Detourist Activity). For larger groups, that is, more than four participants, please Contact Detourist to discuss requirements and make arrangements.
Pick up and drop off
Pick up and drop off is within a 15 km radius from Gosford train station.
Detourist reserves the right to vary prices on its tours. Price changes can result from a number of variables including pick up and drop off locations, changes in fuel costs, award rates, park entry and licensing fees as well as product supplier costs. Notification of price changes will be provided on the respective tour via the Detourist website or via personal email if a tour has already been booked.
If a price change affects a booking, you have made and your booking is more than 3 months in advance of the price change date you have the option of continuing with your booking at the new price or cancelling your booking. A full refund will be provided if you cancel your booking in writing via email at least 30 days’ prior to the date of the activity in accordance with our Cancellation Policy.
Changes in Itinerary
Detourist itinerary schedules can be affected for many different reasons, and these may lead to delays in schedules which may result in follow on consequences for personal or commercial transport travel, personal costs, and other expenses such as pick up and drop off locations. While every effort is made to ensure potential and actual delays are minimalised, Detourist will not be held liable for any costs incurred by the participant due to any delay in Detourist’s scheduled itineraries.
Detourist accepts no liability for any loss (including theft) or damage to any participant equipment or property, and is not responsible either directly or indirectly in any circumstances for any extra or out-of-pocket costs incurred (including the costs of meals, personal costs or the cost of rebooking accommodation or personal or commercial transportation) loss, injury, damage, delays or expenses incurred by or impacting participants whilst participating in a Detourist Activity (including from delays in scheduled itineraries) whether caused by the negligence of Detourist or otherwise to the full extent permitted by law.
By participating in a Detourist Activity, a participant indemnifies Detourist, without limitation, from any loss, damage or injury they cause to themselves or to another participant, or to the tour guide or tour vehicle, whether directly or indirectly, as a result or their own actions or omissions, whether through negligence or otherwise.
It is recommended that all participants purchase travel insurance should they wish to participate in Detourist Activities.
By participating in a Detourist Activity, you consent to and grant Detourist a non-exclusive, world-wide, royalty-free licence to use your recorded photographic, video or digital likeness in Detourist promotional or marketing material, or on the Detourist website.
Detourist participates in the NSW COVID-19 business registration scheme and is committed to keeping all participants safe. Detourist requires all participants, prior to participating in a Detourist Activity, to be fully vaccinated with proof of vaccination or exemption and register their attendance on the day either through the online form accessible by QR code, or by paper register. Failure to complete either will result in non-compliance and, in accordance with the Cancellation Policy, Detourist may stop the participant from participating in the Detourist Activity.
To participate in Detourist Activities, all participants are required to wear enclosed footwear at all times.
WAIVER AND RELEASE
By participating in the activities offered by Detourist; being 4x4 off-road tours and bush walking tours (‘Detourist Activities’ or the ‘Detourist Activity’ interchangeably), you hereby acknowledge and agree to the following:
You have not relied on any representations or statements in any form made by Detourist, its owner or proprietor, its employees, personnel, tour guides, agents or contractors (collectively, ‘Detourist’) to participate in Detourist Activities (including any itineraries);
a) You are aware and accept that Detourist Activities have inherent risks and dangers (in addition to the usual risks and dangers) including (amongst other risks and dangers):
b) personal injury and/or death,
c) travel in areas that have narrow, unpaved, unfamiliar pathways and steep slopes,
d) travel to remote areas without access to medical facilities or treatment,
e) changing and adverse weather conditions,
f) interactions or encounters with wildlife,
g) equipment or vehicle malfunctions,
h) negligence of other participants or the tour guide,
i) negligence on the part of Detourist, including failure to safeguard or protect from the risks or dangers of Detourist Activities,
j) collisions with vehicles, equipment, or structures, or becoming lost or separated from the tour guide or other participants; and the failure to remain within designated areas.
You acknowledge and agree that enjoyment, by participating in Detourist Activities, is derived in part or in full from the inherent dangers and risks of Detourist Activities, and that you are participating in Detourist Activities at your own risk and assume all responsibility and liability for risk of bodily injury, death or property loss or damage to you while you are participating in Detourist Activities;
You are aware that the physical exertion required to participate in Detourist Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects, and you have sought independent medical advice to confirm you are in good health and are fully able to participate in Detourist Activities;
You have notified Detourist of any medical conditions and/or prescribed medications you are taking and agree that none of these limit your ability to fully and safely participate or respond to instructions effectively;
You will not be under the influence of any drugs (other than any referenced at clause 5 of this Waiver and Release) or alcohol while participating in Detourist Activities;
You will at all times comply with all reasonable directions and instructions of the Detourist tour guide and acknowledge a failure to comply may result in your (or another participant’s) injury, death, or permanent disability, or your removal from participating in Detourist Activities;
You will at all times comply with all reasonable requirements made by Detourist in order to fully and safely participate in Detourist Activities (including completion of online or paper registration as part of Detourist’s COVID-19 management practices);
You will be sensitive to and respectful of the natural environment when participating in the Detourist Activities and leave the natural environment and surroundings the way you found them;
You agree that should you suffer illness or injury Detourist may, at your cost, arrange for medical treatment or evacuation as deemed necessary for your health and safety;
You will be financially liable for all costs relating to any damage to equipment or vehicles owned by Detourist or another participant, or for any injury suffered by a Detourist tour guide or any other participants, caused as a result of your negligence, actions or omissions;
You are not entitled to a refund of any monies paid to participate in Detourist Activities if for any reason you or any person accompanying you chooses not to participate in the Detourist Activities;
You understand and agree that in the event of any unforeseen circumstances (including, amongst others, adverse weather conditions, vehicle malfunction, or illness) Detourist is delayed or otherwise unable to adhere to the proposed itinerary schedule, Detourist will not be held responsible for any out-of-pocket expenses you may incur which may include (but are not limited to) arranging alternative accommodation, commercial or personal transport, or for any other personal costs including food;
You consent and grant to Detourist a non-exclusive, world-wide, royalty-free licence to use any photographic, video or digital recorded likeness of you in Detourist marketing or promotional material;
You release, waive, discharge and covenant not to sue Detourist in relation to any liability to you, your personal representatives, assigns, heirs and next of kin arising from any loss (including consequential loss), property damage, costs (including out of pocket costs, and legal costs on a lawyer-to-client basis), personal injury, disability, or death sustained by you due to any cause whatsoever and without limitation, including whether caused by the negligence of Detourist or otherwise, while you are participating in Detourist Activities;
You indemnify and hold harmless Detourist from any claim, demand or action for any loss (including consequential loss), liability, property damage, injury, disability or death, or costs (including out-of-pocket costs, and legal costs on a lawyer to client basis) incurred due to your participation in Detourist Activities whether caused by the negligence of Detourist or otherwise, without limitation;
You expressly agree that the above release and indemnity is intended to be interpreted as broadly and inclusively as is permitted by the laws of the State of New South Wales, and any other relevant laws within Australia, and that if any clause, or part of a clause, in this waiver and release is held to be invalid or unenforceable for any reason whatsoever, that clause or part of a clause is to be severed and the remainder of this waiver and release shall continue in full legal force and effect;
You have read and understood the Terms and Conditions and terms of this Waiver and Release and accept the terms above as stated.
* Additional participants will be required to read, understand the Terms and Conditions and the Waiver and sign a copy of the Waiver prior to the tour commencing.