EXPLORE WA 4WD ADVENTURES

TERMS & CONDITIONS

Effective Date: 6 May 2026
Last Updated: October 2026

These Terms & Conditions apply to bookings entered into with:

XPLRNOZ Pty Ltd
ACN 697 673 779
ABN 45 697 673 779
Trading as Explore WA 4WD Adventures
Email: admin@explore-wa.net
Phone: 0406 108 480
Website: www.explore-wa.net

In these Terms & Conditions, “Explore WA”, “we”, “us” and “our” mean XPLRNOZ Pty Ltd trading as Explore WA 4WD Adventures.

“Adventure” means a tag-along tour, expedition, private adventure, 4WD experience or other service operated by Explore WA.

“Participant”, “you” and “your” mean the person making the booking and, where applicable, each person participating under that booking.

By paying a deposit, making full payment, accepting an invoice or participating in an Adventure, you acknowledge that you have read, understood and agree to these Terms & Conditions.

Where a booking is made on behalf of other participants, the person making the booking is responsible for ensuring those participants are made aware of these Terms & Conditions and any Adventure-specific requirements.

1. Nature of Our Adventures

Explore WA operates guided and tag-along 4WD Adventures, including travel through remote and potentially challenging environments.

Depending upon the Adventure, activities and conditions may include:

• remote-area travel;
• unsealed roads and tracks;
• sand, rock, mud, corrugations and washouts;
• water and creek crossings;
• camping and bushwalking;
• swimming and outdoor activities;
• wildlife, insects and natural hazards;
• limited or unavailable mobile telephone coverage;
• significant distances between fuel, towns, medical assistance and other services; and
• rapidly changing weather, road and track conditions.

Participants acknowledge that four-wheel driving, remote-area travel, camping and outdoor activities involve inherent risks which cannot be completely eliminated.

Participants remain responsible for assessing their own abilities and circumstances and for making sensible decisions regarding their participation.

2. Bookings and Payments

A booking is secured when the required deposit has been received by Explore WA.

Unless otherwise specified in writing for a particular Adventure:

(a) a 30% deposit is payable at the time of booking; and

(b) the remaining balance is due 120 days prior to the commencement date of the Adventure.

Where a booking is made within 120 days of departure, the full Adventure price is payable at the time of booking.

Explore WA may issue an invoice for the full Adventure price and request payment of the deposit as the first instalment against that invoice. The issue of an invoice for the full Adventure price does not alter the payment schedule above.

Where an Adventure has different payment arrangements, those arrangements will be clearly stated on the quotation, invoice or Adventure information provided to the participant.

Failure to pay an amount by its due date may result in cancellation of the booking and the participant’s position being offered to another person.

3. Pricing and Inclusions

Prices are quoted in Australian dollars and include GST unless otherwise stated.

The Adventure price includes only those items specifically identified as included in the applicable Adventure information, quotation or invoice.

Unless specifically stated as included, participants remain responsible for their own:

• vehicle and vehicle operating costs;
• fuel;
• food and beverages;
• accommodation;
• camping fees;
• permits and access fees;
• vehicle repairs;
• recovery or towing expenses;
• medical or evacuation expenses; and
• personal expenses.

Third-party charges such as accommodation, ferry or barge charges, park entry fees, Aboriginal land access fees, permits and attractions may change after an Adventure is advertised.

Where reasonably necessary, Explore WA may pass on a material increase in a third-party charge provided the participant is advised of the change and the reason for it.

4. Participant Responsibilities

Participants must take reasonable responsibility for their own safety, conduct and preparedness.

Participants must:

• comply with reasonable safety and operational directions given by the Adventure Leader;
• behave responsibly and respectfully toward other participants, Explore WA personnel, landowners, Traditional Owners and members of the public;
• comply with applicable laws, road rules, permits and access requirements;
• not drive while adversely affected by alcohol, illegal drugs, medication or any substance that makes driving unsafe;
• advise Explore WA of circumstances reasonably relevant to their safe participation;
• carry the equipment, supplies, fuel and water specified for the Adventure; and
• take reasonable care for their own safety and the safety of others.

5. Vehicles and Drivers

Participants using their own vehicle are responsible for ensuring the vehicle is:

• registered and roadworthy;
• appropriately insured;
• properly maintained;
• suitable for the Adventure;
• fitted with appropriate tyres;
• equipped with suitable recovery points; and
• carrying any equipment specified by Explore WA for that Adventure.

Any minimum requirements concerning tyres, spare tyres, recovery equipment, fuel capacity, water, communications or other equipment advised by Explore WA must be met before departure.

The driver remains responsible at all times for the operation and control of their vehicle.

The driver is responsible for deciding whether they and their vehicle can safely negotiate a particular obstacle, crossing, track or terrain.

Advice, spotting, guidance or assistance provided by an Adventure Leader does not transfer control or responsibility for the participant’s vehicle to Explore WA.

Participants must advise the Adventure Leader if they are uncomfortable attempting a particular obstacle or section.

6. Vehicle Damage, Breakdown and Recovery

Four-wheel driving and remote-area travel may result in vehicle damage or deterioration including scratches, bush pinstriping, stone chips, tyre damage, punctures, underbody contact and mechanical failure.

Participants accept responsibility for their own vehicle and equipment and acknowledge these risks as inherent aspects of remote 4WD travel.

Explore WA is not responsible merely because vehicle damage, tyre damage, mechanical failure, breakdown or recovery occurs during an Adventure or while following an Adventure itinerary.

Where Explore WA, another participant or a third party assists with a vehicle recovery, reasonable care will be taken.

Participants acknowledge that vehicle recovery operations inherently involve risk and may result in additional damage despite reasonable care being taken.

Participants remain responsible for towing, recovery, repairs and associated expenses relating to their own vehicle unless Explore WA is legally responsible for those costs.

Nothing in this clause excludes liability that cannot lawfully be excluded.

7. Pre-Departure Vehicle Requirements

Explore WA may inspect a participant’s vehicle or equipment before or during an Adventure.

Any inspection undertaken by Explore WA is a basic observational assessment only.

It is not:

• a mechanical inspection;
• a roadworthiness inspection;
• an engineering assessment; or
• a representation or guarantee that the vehicle is free from defects or suitable for every condition encountered.

Explore WA may reasonably require a defect, equipment deficiency or safety concern to be rectified before allowing a vehicle to participate.

Where a participant fails to meet vehicle or equipment requirements that were communicated before departure, Explore WA may refuse or discontinue participation where reasonably necessary for safety or operation of the Adventure.

8. Adventure Leader Authority

The Adventure Leader is responsible for the general coordination and operation of the Adventure.

Participants must comply with reasonable safety and operational instructions.

Explore WA may require a participant to cease an activity or leave an Adventure where the participant:

• creates a serious or unreasonable safety risk;
• repeatedly disregards reasonable instructions;
• substantially disrupts the Adventure;
• behaves abusively or dangerously;
• threatens another participant or member of staff; or
• jeopardises land access, permits or relationships with landowners or Traditional Owners.

Any such decision will be made reasonably having regard to the circumstances.

9. Itineraries and Remote Travel

Adventure itineraries are indicative and remote-area travel requires flexibility.

Routes, campsites, destinations, activities and daily travel plans may be changed because of circumstances including:

• weather;
• flooding;
• fire;
• road or track closures;
• changing track conditions;
• land access;
• Traditional Owner or permit requirements;
• vehicle or participant issues;
• mechanical breakdown;
• safety considerations;
• natural events; or
• other circumstances reasonably beyond Explore WA’s control.

The Adventure Leader may modify the itinerary where reasonably necessary for safety, vehicle preservation, access requirements or the successful continuation of the Adventure.

A reasonable change to the route or itinerary does not automatically constitute cancellation of the Adventure.

10. Private Property, Aboriginal Land and Restricted Areas

Some Adventures involve access to private property, pastoral leases, Aboriginal land or locations not ordinarily accessible to the public.

Access may be subject to permits, permissions and conditions imposed by landowners, Traditional Owners or relevant authorities.

Participants must comply with all applicable access requirements and must not:

• enter restricted areas without permission;
• share confidential or private access information where prohibited;
• damage cultural, heritage or natural sites;
• remove artefacts or other protected material;
• leave designated tracks where instructed not to do so; or
• subsequently use private or restricted access obtained through an Explore WA Adventure where that access is not otherwise available to the public.

Access may be changed or withdrawn by a landowner, Traditional Owner or relevant authority.

Explore WA cannot guarantee continued access where that decision is outside our reasonable control.

11. Medical Conditions and Emergencies

Participants are responsible for considering whether they are medically and physically capable of participating in an Adventure.

Relevant medical conditions, allergies or circumstances that may materially affect safe participation or emergency treatment should be disclosed to Explore WA before departure.

Participants are responsible for carrying any medication or personal medical equipment they reasonably require.

In an emergency, Explore WA may contact emergency services and arrange or assist with medical assistance, evacuation or transportation where reasonably considered necessary.

Participants remain responsible for costs charged by third-party medical, evacuation, transport or emergency service providers except where Explore WA is legally responsible for those costs.

12. Travel Insurance

Explore WA strongly recommends that participants obtain comprehensive travel insurance appropriate for remote-area four-wheel-drive travel.

Participants should consider insurance covering:

• trip cancellation;
• illness or injury;
• emergency evacuation;
• personal belongings;
• travel interruption; and
• other unforeseen circumstances that may prevent participation.

A participant’s decision not to obtain appropriate travel insurance does not transfer uninsured costs or risks to Explore WA.

13. Participant Cancellation and Refunds

Explore WA Adventures operate with limited participant numbers. A booking reserves a position within a small-group, capacity-limited Adventure.

Due to the remote nature of our Adventures, limited group sizes and the significant planning, permitting, supplier commitments and preparation undertaken well in advance of departure, cancellation by a participant can result in costs and losses that cannot reasonably be recovered, particularly where the cancelled position cannot be filled.

Unless otherwise specified in writing for a particular Adventure, the following conditions apply.

13.1 Booking Deposit

A 30% booking deposit is required at the time of booking and secures the participant’s position on the Adventure.

The booking deposit is non-refundable where the participant cancels, except as provided below or where otherwise required by law.

If Explore WA subsequently fills the cancelled position with another participant at the same Adventure price, the original participant’s deposit will be refunded, less any non-recoverable third-party costs or other reasonable costs directly incurred as a consequence of the cancellation.

If the replacement booking is accepted at a lower price, any refund may be reduced by the difference between the original and replacement booking value together with any applicable non-recoverable costs.

13.2 Cancellation More Than 120 Days Before Departure

Where a participant cancels more than 120 days before departure, amounts paid above the applicable booking deposit will be refunded, less any non-recoverable third-party costs already incurred or committed specifically in connection with that participant’s booking.

The booking deposit remains subject to clause 13.1.

13.3 Cancellation 120 Days or Less Before Departure

Where a participant cancels 120 days or less before departure, amounts paid may be non-refundable.

At this stage Explore WA will generally have committed significant resources, planning and third-party expenditure and, because of the limited size and remote nature of our Adventures, may have limited opportunity to replace the cancelled participant.

Explore WA will, however, make reasonable efforts to mitigate its loss.

If Explore WA fills the cancelled position with another participant at the same Adventure price, the original participant will be refunded the amounts paid for their Adventure, less:

(a) any non-recoverable third-party costs attributable to the original participant’s booking; and

(b) reasonable costs directly incurred as a consequence of the cancellation and replacement.

If the replacement position is sold for less than the original booking price, Explore WA may also deduct the difference between the original and replacement booking values.

Explore WA will not retain an amount representing an Adventure fee or loss that has subsequently been recovered through a replacement booking, except for costs reasonably incurred or amounts that remain non-recoverable.

13.4 Third-Party Costs

Where Explore WA has paid, committed to or become liable for third-party services specifically associated with a participant’s booking, amounts that cannot reasonably be recovered from the provider may be deducted from any refund otherwise payable.

These may include:

• accommodation;
• ferry or barge charges;
• permits and access fees;
• cultural experiences;
• station stays;
• charter services; and
• other pre-booked services.

Where Explore WA subsequently receives a refund or recoverable credit from a third-party provider attributable to the participant, that amount will be passed on or credited to the participant, less any reasonable applicable costs.

13.5 Booking Acknowledgement

By paying the booking deposit, the participant acknowledges that they are reserving a limited position on a small-group Adventure, that Explore WA may make financial and operational commitments in reliance upon that booking, and that cancellation may result in the retention of amounts in accordance with this Cancellation Policy.

13.6 Travel Insurance

Participants are strongly encouraged to obtain appropriate travel insurance covering cancellation, illness, injury and other circumstances that may prevent them from participating.

A participant’s decision not to obtain suitable travel insurance does not transfer uninsured cancellation costs to Explore WA.

13.7 Consumer Rights

Nothing in this Cancellation Policy excludes, restricts or modifies any right or remedy available under the Australian Consumer Law or other applicable law which cannot lawfully be excluded, restricted or modified.

14. Cancellation, Postponement or Changes by Explore WA

Explore WA may cancel, postpone or materially alter an Adventure where reasonably necessary because of:

• safety concerns;
• insufficient participant numbers;
• loss of land access;
• severe weather;
• fire or flooding;
• road or track closures;
• government restrictions; or
• other circumstances reasonably outside Explore WA’s control.

Where Explore WA cancels an Adventure and cannot provide the booked service, participants will be provided with the remedies required by applicable law and, where appropriate, may be offered an alternative date, Adventure or credit.

Where an Adventure is affected by circumstances outside Explore WA’s reasonable control, any refund or credit may take into account non-recoverable costs already properly incurred in providing or preparing to provide the Adventure, to the extent permitted by law.

Explore WA is not responsible for consequential expenses such as flights, accommodation or other travel arrangements except where liability cannot lawfully be excluded.

15. Leaving an Adventure Early

If a participant voluntarily leaves an Adventure after it has commenced, no refund is ordinarily payable for the unused portion of the Adventure.

The participant is responsible for their own onward travel, accommodation, vehicle recovery and associated expenses.

This does not affect rights or remedies that cannot lawfully be excluded.

16. Third-Party Providers and Non-Recoverable Costs

Explore WA may arrange, book or pay for services supplied by independent third-party providers as part of an Adventure.

These may include accommodation providers, ferry and barge operators, Traditional Owner and cultural tourism providers, pastoral stations, campgrounds, permit and access authorities, charter operators and other tourism or transport providers.

Third-party services may be subject to the provider’s own booking, cancellation, amendment and refund terms.

Where a participant cancels, an itinerary must be changed, or a third-party service becomes unavailable, Explore WA will take reasonable steps to seek any refund, credit or alternative reasonably available from the relevant provider.

Where a third-party provider does not provide a refund, provides only a partial refund or credit, or imposes a cancellation or amendment charge in accordance with its applicable terms, Explore WA is not required to personally fund a refund of that third-party amount merely because the participant cannot use the service.

Any refund or credit actually received by Explore WA that is attributable to the participant will be passed on or credited to the participant, less reasonable costs properly incurred where permitted under these Terms.

Nothing in this clause limits rights or remedies that cannot lawfully be excluded.

17. Force Majeure and Events Beyond Our Control

Explore WA will not be treated as having breached these Terms merely because performance is prevented, delayed or materially affected by an event reasonably beyond its control.

Such events may include severe weather, flood, fire, natural disaster, road closure, government restriction, loss of land access or similar circumstances.

Where such an event occurs, Explore WA will take reasonable steps to minimise disruption and determine an appropriate alternative having regard to the circumstances and applicable law.

18. Photography and Media

Explore WA may take photographs and video during Adventures for operational, documentary and promotional purposes.

Where identifiable images of a participant are intended for promotional or marketing use, appropriate consent will be obtained.

Participants may advise Explore WA if they do not wish to appear in promotional material.

19. Personal Property

Participants remain responsible for their vehicles, camping equipment, personal belongings and valuables.

Explore WA is not responsible for loss, theft or damage to personal property merely because it occurs during an Adventure.

Nothing in this provision excludes liability which cannot lawfully be excluded.

20. Participant Risk Acknowledgement and Liability Waiver

Participation in an Adventure is subject to completion and acknowledgement of Explore WA’s Participant Liability Waiver and Risk Acknowledgement.

The current waiver is available through Explore WA’s guest onboarding process and website.

The waiver forms part of the participant’s Adventure documentation.

Where there is any inconsistency between these Terms & Conditions and the Participant Liability Waiver, each document will operate to the maximum extent permitted by law, having regard to its particular purpose.

Nothing in either document is intended to exclude, restrict or modify rights or liabilities which cannot lawfully be excluded, restricted or modified.

Note for us before publication: the existing waiver needs to be separately updated from the old Explore WA 4WD Adventures entity/ABN to XPLRNOZ Pty Ltd and its substantive liability wording reviewed. I would remove this note from the published version.

21. Australian Consumer Law

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

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to those rights, participants acknowledge the inherent risks associated with remote-area travel, four-wheel driving, camping and outdoor activities and accept responsibility for risks ordinarily associated with their own participation, vehicle and personal equipment.

22. Privacy and Participant Information

Explore WA may collect personal information reasonably required to:

• administer bookings;
• communicate with participants;
• operate Adventures;
• manage safety and emergencies;
• arrange third-party services; and
• comply with legal obligations.

Sensitive information voluntarily supplied for safety or medical purposes will only be used or disclosed where reasonably necessary for those purposes or otherwise permitted by law.

23. Adventure Information and Booking Documents

The Adventure information, quotation, invoice, booking correspondence, Participant Liability Waiver and any Adventure-specific written requirements provided in connection with a booking form part of the overall agreement between Explore WA and the participant.

Where Adventure-specific written terms deal specifically with dates, itinerary, inclusions, price or payment arrangements, those Adventure-specific terms apply to those matters.

24. Governing Law

These Terms & Conditions are governed by the laws of Western Australia.

The parties submit to the jurisdiction of the courts and tribunals of Western Australia, subject to any applicable law providing otherwise.

25. Severability and Waiver

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law.

A failure or delay by Explore WA in enforcing a provision does not constitute a waiver of that provision or any other right.

26. Changes to Terms and Participant Acknowledgement

These Terms & Conditions, together with the relevant Adventure information, quotation, invoice, Participant Liability Waiver and any other Adventure-specific conditions provided in writing, form the agreement relating to the booking.

The Terms & Conditions applicable to a participant’s booking are those provided or made available to the participant at the time the booking is made.

Where Explore WA proposes a material change that affects an existing booking, the change will be communicated to the affected participant and, where appropriate, provided to the participant for acknowledgement.

Explore WA will not retrospectively impose a material change on an existing booking where doing so would unfairly alter the participant’s rights or obligations.

Any individually agreed variation should be confirmed in writing.

27. Electronic Communications and Acceptance

Participants acknowledge that booking documentation, invoices, Adventure information, notices and other communications may be provided electronically.

Electronic acceptance, payment of a booking deposit, completion of onboarding documentation or other electronic acknowledgement may be relied upon as evidence of acceptance where appropriate.

Participants are responsible for ensuring that the email address and contact information supplied to Explore WA remain current.

28. Contact Details

XPLRNOZ Pty Ltd
Trading as Explore WA 4WD Adventures
ABN 45 697 673 779
ACN 697 673 779

Email: admin@explore-wa.net
Phone: 0406 108 480
Website: www.explore-wa.net

Effective from: 6 May 2026