Terms of service
Welcome to Detour Guide!
You are now reading our Terms of Service (“Terms”), an agreement between you and Detour Guide, Ltd. (“Detour Guide”), for your use of our online platform and service, which connects guests with local, authentic experiences and activities around the world. The platform and service are available at https://www.detourguide.com (the “Site”).
To make these Terms easier to read, our online platform and service and the Site are called the “Services.” You should read the Terms carefully before you use the Services - we’ve tried to be straightforward and if you have any questions, feel free to send us a note at email@example.com. We want you to feel comfortable using the Services and will happily answer any questions you have.
Detour Guide is a Platform Service Platform
Through the Services, Detour Guide offers an online platform to allow Hosts and Guests to connect. Your safety (and satisfaction) is our top priority. Although our goal is to make your experience as seamless as possible, and we have done our best to vet each of our Hosts for quality, you acknowledge and agree that Detour Guide’s responsibilities under these Terms are limited solely to facilitating the availability of the Services, serving as the booking and payment agent of each Host, processing refunds to Guests, and holding and administering payments as a trustee on behalf of Hosts and Guests. More on this below.
- A “Host” is a Member who offers and provides a unique experience, tour or activity.
- A “Guest” is a Member who requests a booking of an experience, tour or activity via the Services, or a Member who partakes in an experience, tour or activity.
- An “Experience” or "Detour" is a customised tour or activity provided by a Host to a Guest, and might include a sports activity, meal, cooking lesson or walk, which is available for purchase by Guests via the Services.
When you register for an account, you must provide us with accurate information. If you don’t provide us with accurate information then we may not be able to assist you with accessing your account.
To register for an account you must be at least 18 years old. If you know a user is under the age of 18, please report them to us. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.
We want Users, Guests and Hosts to enjoy their experience on the DetourGuide.com Site and in order to maintain a safe and secure environment we remind you that you are responsible for all the activity on your account. Inappropriate conduct may lead to account termination. Examples of inappropriate conduct include:
- Illegal Activities - Don't break the law or encourage others to break the law.
- Abuse - Don't harass or bully others, or promote violence or hatred towards others.
- Personal Information - Don't distribute others' personal information or otherwise abuse it. Hosts with access to their Guests' personal information, or Guests with access to their Hosts' personal information should not use it for anything unrelated to Detour Guide.
- Fraud - Don't post information that is false or otherwise misleading.
- Impersonation - Don't impersonate anyone. Don't use another's account, or allow others to use your account.
- Username Squatting - Don't create an account to prevent others from using the name or to sell the name.
- Intellectual Property - Don't infringe on others' intellectual property rights.
- Spam - Don't spam others or distribute unsolicited advertising material.
- Malware - Don't use Detour Guide to host or distribute, malicious or destructive software.
- Endorsement - Don't claim endorsement by Detour Guide without our prior written approval.
- Service Degredation - Don't degrade others' use of Detour Guide.
- Data Mining - Don't crawl, scrape or otherwise index information on Detour Guide. If you are doing this to create a useful feature then we may allow it, but you must check with us first.
These guidelines are not meant to be exhaustive. If you find a new and creative way to hurt Detour Guide or our Users, we may take action to prevent it.
Being a Guest
To become a guest simply create an account, find a unique experience you want to take part in, and book instantly. As a guest, you’ll have to pay the Total Experience Fee up front. We’ll tell you what the Total Experience Fees will be during the booking process, which may include applicable taxes and payment processing fees. Exact pricing is based on the number of people traveling and the exact service being requested. At the time of booking, Guests requesting to book a Host will be provided the complete pricing breakdown and will be asked to enter their credit card information. The credit card will be charged immediately to secure the booking. At that point, your payment obligation to the Host for the Total Experience Fees is complete. Detour Guide accepts all major credit cards which are processed via Stripe’s secure processing system.
If you make a request for a booking via the Services, you agree that (a) Detour Guide may charge your credit card for verification, pre-authorization and payment purposes (and such charges are fully effective as payments to the Host, because as noted above, Detour Guide is the payment agent of the Host); (b) you will pay the applicable Total Experience Fees and other charges to Detour Guide, acting as payment agent of the Host, which funds will be held in one or more Customer Accounts (defined under “Payment and Administration of Member Funds” below) and (c) you agree to bear any additional charges that your bank or other financial service provider may levy on you as well as any Taxes that may apply to you. You’ll receive a confirmation email once the Secured Booking transaction is complete. If you have any concerns or objections regarding charges, you agree to raise them first with Detour Guide and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Detour Guide or the Host.
Your Contract with the Host
The Hosts, not Detour Guide, are responsible for honouring any Secured Bookings and making the applicable Experiences available. You agree to leave the Host’s location upon the completion of your Experience, or in the event the Host notifies you that the Host is uncomfortable with your presence in the Host’s location. You as a Guest are responsible for not sharing, and maintaining the privacy of your Host’s contact information; under these Terms you are allowed to message your Host through the Site platform or contact them only as needed to render Services. While we’ll use reasonable efforts in our sole discretion to help you in your dealings with Hosts to make the experience between you and Hosts as enjoyable as possible, you and not Detour Guide, will be responsible for performing the obligations of any contracts with the Hosts, and Detour Guide will not be liable in connection with such contracts.
Being a Host
To become a host, you register as a regular member, verify your identity, and create a new detour listing. After you have completed your listing, we will need to review the content for approval, and then you will have access to adding your availability. In order for your listing to be visible on the website, your availability calendar must be set and bookable.
You may choose to charge guests per person, per group, and you have the option to set different types of tickets (e.g. Adult, Child, Family of 4, etc). In connection with your charges to guests, you appoint us as your booking and payment agent for the sole purpose of receiving, holding, and settling payments to you. As your booking and payment agent, our receipt of funds from a guest on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any guest, for any failure by us to settle funds to you. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of the terms or compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect hosts, we may block guests’ payments if we believe them to be fraudulent.
Our fee to process transactions on your behalf is included in the booking fee. We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
The one area of taxes where we handle payments on your behalf is VAT payments for for guests in the EU.
We restrict some types of content. You cannot:
- Create content using others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
- Display contact information on your public profile. This includes your phone, email or physicial address. For the safety and security of all members, only essential contact information will be supplied to guests and hosts when a booking is confirmed.
- We are not party to the agreement between hosts and guests. If a guest requests a refund from us, we only grant it in exceptional situations. We deduct the refunded amount from future payments to you.
You as a Host are responsible for not sharing the personal information of your Guest(s) and are required to maintain the privacy of your Guest(s)’s contact information; under these Terms you are allowed to message them through the Site platform or contact them only as needed to render Services. Once you have rendered the Services, you must delete any personal information related to the Guest(s) that you have received through the Services.
Contract with Guests
You understand and agree that Detour Guide doesn’t act as your insurer, broker, contracting agent, or other representative, other than as noted under “How do I get paid? Appointment of Detour Guide as Payment Agent” and “Payment and Administration of Member Funds” below. If a Guest books your Experience, any contract that you enter into with the Guest, written or oral, will be between you and the Guest only. While we’ll use reasonable effort in our sole discretion to help you in your dealings with Guests to make the experience between you and the Guests as enjoyable as possible, you, and not Detour Guide, will be responsible for performing the obligations of any contracts with the Guests, and Detour Guide will not be liable in connection with such contracts.
As a Host, you are responsible for honoring your commitment to each Guest for any Secured Bookings. In the event of a cancellation by you, or in the event that the experience is not provided as described in the listing, Detour Guide reserves the right to remove you from our community of Hosts. Additionally, Detour Guide may charge you an additional fee (up to the amount of the fees paid to you by Detour Guide for the booking in question) if you cancel a Secured Booking, if your Experience is not as described in the listing, or if the Guest cancels a Secured Booking for cause based on applicable law.
How do I get paid? Appointment of Detour Guide as Payment Agent
Guests will pay Detour Guide directly via the Services, and as a Host you hereby appoint Detour Guide as your limited agent solely for the purpose of collecting payments made by Guests on your behalf when such payments are earned by you. Such funds will be paid into and held by Detour Guide in a segregated trust account and Detour Guide will administer such funds as a trustee of such account. Please see "Payment and Administration of Member Funds" below. You agree that payment for Total Experience Fees made by a Guest to Detour Guide once earned will be considered the same as a payment made directly to you as a Host and that you'll make the Experience to Guest as if you had received the Total Experience Fees yourself. In accepting appointment as your limited agent, Detour Guide assumes no liability for any of your acts or omissions.
Payment And Administration Of Member Funds
Members acknowledge and agree that funds paid to Detour Guide for Experiences are provided to Detour Guide solely for the purpose of obtaining and paying for Services, including, without limitation, payment of Total Experience Fees, and the Mark Ups and other fees we are permitted to charge under these Terms (such amounts “Members Funds”). Detour Guide agrees to hold such Member Funds in trust in one or more accounts with banks or financial institutions of Detour Guide’s choice (such accounts, the “Customer Accounts”), and not use any of such Member Funds for its own operations (except for Mark Ups, any interest earned on Member Funds and expenses and other amounts reimbursed or paid to Detour Guide as permitted under these Terms). Upon receipt of Member Funds, Detour Guide agrees to deposit and hold all such funds in one or more Customer Accounts, which will be identified as being for the benefit of, or held in trust for, the Members and segregated from any operating, investment or other similar accounts of Detour Guide. Detour Guide agrees not to commingle amounts held in such Customer Accounts with other operating funds of Detour Guide (other than Mark Ups, any interest earned on Member Funds and reimbursements or payment of expenses that may accrue with respect to Member Funds for Services); but Member Funds of a Member held in one or more Customer Accounts may be commingled with Member Funds of other Members. Detour Guide further agrees to use its reasonable commercial efforts to not permit such Customer Accounts or Member Funds which are the property of Members held therein to become subject to any voluntary lien or security interest in favour of a creditor of Detour Guide. Hosts specifically authorise Detour Guide to make payment out of such Customer Accounts to Detour Guide of any Mark Ups, interest earned on Member Funds, refunds to Guests and for reimbursement or payment of expenses otherwise permitted under these Terms. Similarly, Guests specifically authorise Detour Guide to make payment out of such Customer Accounts to Detour Guide of any portion of Total Experience Fees due a Host, interest earned on Member Funds and for reimbursement or payment of expenses otherwise permitted under these Terms.
Although Detour Guide will have no obligation to invest any Member Fund held in any Customer Account paid to it or to otherwise seek to obtain interest or other return on such Member Funds, Detour Guide may in its sole discretion invest or deposit such funds in an interest bearing or similar account with a bank or financial institution of national standing. You agree that you will not receive interest, other earning or return of the Member Funds that Detour Guide administers in the Customer Account. In consideration for your use of the Services, you irrevocably transfer and assign to Detour Guide any ownership right that you may have in any interest, returns or earnings that may accrue on Member Funds held in a Customer Account. This assignment applies only to interest, returns or earnings earned on Member Funds held in Customer Accounts, and nothing in these Terms grants Detour Guide any ownership right to the principal of the Member Funds you maintain with Detour Guide (except for Mark Ups and expenses and other amounts reimbursed or paid to Detour Guide as permitted under these Terms).
Detour Guide will have no obligation to account for or report to any Member with respect to its Member Funds paid pursuant to the Terms or held in a Customer Account, other than as expressly set forth herein as to an individual Member by Member basis with respect to such Memeber’s Detour Guide Account. In performance of its obligations as the limited payment agent for Hosts (described above), as trustee with respect to Member Funds held in one or more Customer Accounts and with respect to handling of Member Funds as described in the preceding paragraphs, Detour Guide will have no duty to Members except as expressly set forth in the Terms and will not reliable for any breach of duty not expressly undertaken in the Terms, except for actions that constitute intentional misconduct, gross negligence or bad faith, and in such case, liability will be subject to the limitations set forth below.
Detour Guide may, at any time, without notice to or consent of Members, modify the specific terms set forth in this section with respect to Customer Accounts or adopt different terms. With respect to the holding, administration and investment of Member Funds.
Detour Guide's Role
We only provide a platform for hosts and guests to interact. We do not endorse any content on Detour Guide. If you see content that violates these terms, then let us know and we may remove it.
Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community.
We are constantly testing out new features with the goal of making Detour Guide better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.
With your permission, we may give other websites or services the ability to verify information about your Detour Guide account or perform actions on your behalf. This permission is asked for when you connect your Detour Guide account to these other websites or services. Information can include the existence of your account, types of experiences booked, and age of account. Actions can include creating, editing or deleting bookings and any other interaction with hosts such as posting messages or marking a detour as a favourite.
What if the Guest Cancels?
You, as a Guest, may cancel a Secured Booking for a full refund by contacting us within twenty-four (24) hours of purchase. If your Experience is scheduled to take place within this twenty-four (24) hour period, you will not be entitled to a refund. Hosts will be entitled to receive payment for Experiences after this twenty-four (24) hour period, whether or not the Experience takes place. For experiences that are cancelled within this twenty-four (24) hour period, Hosts will receive full payment for their Experience.
What if the Host Cancels?
If you, as a Host, cancels a Secured Booking, Detour Guide will refund the Total Experience Fees for such booking to the Guest within a commercially reasonable time after the cancellation date. Additionally, Detour Guide may charge you an additional fee (up to the amount of the fees paid to you by Detour Guide) for such cancelled booking. In the event of a cancellation by you, the Host, or in the event that the experience is not provided as described in the Itinerary, Detour Guide reserves the right to remove you from our community of Hosts.
By making Your Content available on or through Services you hereby grant to Detour Guide a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit Your Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.
Detour Guide's Content
You’ll notice that there’s a lot of great content on the Site. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available via the Services.
Some of the Content belongs to us — for example if we have a photographer take photographs of Hosts, their locations, or the experiences they lead, Detour Guide owns those photographs. If, on the other hand, you provide the photographs then we don’t own those photographs. Any Content that you provide to us, including feedback about the Services, is called “Your Content”. Your Content is yours and nothing in the Terms restricts any rights that you have to use it now and forever. We do however, need to get some permissions (also called “rights”) from you to make Your Content available via the Services. These permissions are described below.
Subject to your ownership of Your Content, Detour Guide and its licensors own all rights in the Services and Content including all associated intellectual property rights. This includes any Content that Detour Guide creates or that is created by a third party for, or on behalf of, Detour Guide, and of course, just as you can use Your Content in any way you like, we can also use our Content in any way we like - e.g. we can sell it or use it for advertising.
The Services and Content are protected by copyright, trademark, and other laws of Ireland and foreign countries so you agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, Detour Guide grants you a limited, non-exclusive, non-transferable license to (i) access and view any Content that belongs to Detour Guide solely for your personal and non-commercial purposes when you are using the Services. (ii) access and view any Content that belongs to other Members to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser (such as Chrome, Firefox, Safari, Explorer, Edge, etc) solely for the purpose of providing and booking Experiences, as permitted herein. You have no right to sublicense the license rights granted in this section.
You will not use, copy, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content. Services or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Detour Guide or its licensors, except for the licenses and rights expressly granted in these Terms.
It is Detour Guide’s policy to terminate, in appropriate circumstances, Account holders who repeatedly infringe the rights of copyright holders. Please see Detour Guide’s Copyright Policy for additional information.
You can permanently disable your account at any time by sending an email to firstname.lastname@example.org.
We can terminate or suspend your account at any time at our discretion. We may terminate these Terms or your access to the Services, at our sole discretion and without liability to you, at any time and with or without prior notice to you. Upon any termination, discontinuation or cancellation of the Services or your Account, we’ll promptly pay you any amounts that we in our discretion determine we are legally obliged to pay you.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Detour Guide. We reserve the right to exclusive control over the defence of a claim covered by this clause. if we use this right then you will help us in our defence. Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.
The Services and content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement and any warranties arising out of course of dealing or usage or trade.
Although we do our best to work with hosts that are of a high quality, and we vet our hosts to try to ensure this, Detour Guide makes no warranty that the experiences will meet your requirements or regarding the quality of any experience, tour or activity.
Detour Guide makes no warranty as to the identity, character or conduct of users of the service and assumes no responsibility for a hosts’s or guests’s compliance with any applicable laws and regulations. You agree to take reasonable precautions in all communications and interactions with other users of the service with whom you communicate or interact as a result of your use of the services, including without limitation travelers and hosts, particularly if you decide to meet offline or in person, regardless of whether such meetings are organised by Detour Guide. Detour Guide explicitly disclaims all liability for any act or omission of any traveler, host, or other third party.
Limit of Liability
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Detour Guide. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Dteour Guide. We are specifically not liable for losses caused by conflicting contractual agreements. For this clause "we" and "our" is defined to include our affiliates, officers, directors, employees, agents and third party service providers.
General Terms of Service
These Terms constitute the entire and exclusive understanding and agreement between Detour Guide and you regarding the Site, Services, and Content, and any bookings or provision of Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Detour Guide and you regarding the Services, Content, and any bookings bookings or provision of Experiences made via the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Detour Guide’s prior written consent. Any attempt by you to assign or transfer these terms without such consent will be null and of no effect. Detour Guide may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by detour Guide to you under these Terms, including those regarding modifications to these Terms, will be given by Detour Guide: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. These Terms apply only to Detour Guide and you. These Terms are not intended to, and shall not, create any third party beneficiary rights, except as expressly provided in these Terms.
Detour Guide’s failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorised representative of Detour Guide. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these Terms or otherwise.
Your opinion matters to us! If you’d like to provide feedback to us about the Services, please go ahead by emailing us at email@example.com