Terms and Conditions

By booking a tour or activity (Activity) offered by Bold Gorilla Pty Ltd ACN 643 487 110 (Bold Gorilla), you are entering into a legally binding agreement with Bold Gorilla and agree to be bound by and abide by these terms and conditions.

These terms apply in addition to any special conditions forming part of the description of an Activity, which are incorporated into and form part of these terms.

1. BOOKING

1.1 Bold Gorilla's Activities are offered to children who are being homeschooled and their parents, guardians or other caregivers, to provide them with an opportunity to visit interesting places and undertake educational and fun activities alongside a small group of other people with similar interests and experiences. By making a booking with Bold Gorilla, you represent that:

(a) you fall within this description;

(b) you are at least 18 years of age; and

(c) you are entitled to make the booking on behalf of each other person included in the booking (including your child or children).

1.2 One adult may accompany up to four children per Activity, and you must ensure that your booking complies with this requirement.

1.3 You are responsible for providing accurate and complete information as part of your booking. Please check your confirmation carefully and report any incorrect or incomplete information to Bold Gorilla immediately.

1.4 By booking on behalf of other persons, you are agreeing to act as the designated contact person for every person included on that booking and to abide by these terms in relation to every such person. You are responsible for keeping your contact details up-to-date with Bold Gorilla so that you can be notified of any changes to, or further information about, the Activity.

1.5 Any booking does not secure your participation in an Activity unless and until you submit all of the required information and pay any amount required as part of the booking process (including any deposit or full payment, as required in the Activity description).

2. MEDICAL INFORMATION

2.1 If you have, or any other person included in your booking has, any pre-existing medical conditions which may impact that person's ability to participate in an Activity, you are responsible for making appropriate enquiries with Bold Gorilla as to the suitability of the Activity. If you have already made a booking, you must promptly inform Bold Gorilla of the condition, and provide any additional medical information reasonably requested by Bold Gorilla.

2.2 Bold Gorilla reserves the right to deny you or any other person included in your booking permission to participate in any aspect of an Activity at any time and at your own risk and expense, where Bold Gorilla determines that their physical or mental condition renders that person unfit to participate without danger to themselves or others.

3. SPECIAL REQUIREMENTS

3.1 Any special requirements that you have in relation to the Activity must be disclosed to Bold Gorilla prior to or at the time of booking. Bold Gorilla will use reasonable efforts to accommodate special requirements or requests, but this is not always possible given the nature of the Activities.

3.2 If your mobility is limited in any way, you are responsible for checking with Bold Gorilla in advance whether you will be able to participate in the Activity.

3.3 All food allergies and dietary restrictions must be disclosed to Bold Gorilla prior to or at the time of booking, but Bold Gorilla cannot guarantee that dietary needs or restrictions can be accommodated.

3.4 Bold Gorilla is not liable for any failure to accommodate or fulfil any of your special requests or requirements unless agreed in advance by Bold Gorilla.

4. RESPONSIBILITY FOR CHILDREN

You and any other adult included on your booking is jointly and severally responsible for the behaviour, wellbeing, supervision and monitoring of the children included in your booking, and jointly and severally agrees to these terms for and on behalf of those children, including all assumptions of risk and limitations of liability.

5. TERMS OF THIRD PARTY SUPPLIERS

5.1 Bold Gorilla makes arrangements with suppliers of goods and services such as accommodation, activities, educational instruction, transport and food (Third Party Suppliers) to deliver some or all of the components of Activities.

5.2 Any goods or services provided by Third Party Suppliers are subject to the terms and conditions imposed by those Third Party Suppliers. Bold Gorilla may act only as agent for that Third Party Supplier, and you are responsible for checking the terms and conditions imposed by applicable Third Party Suppliers.

6. PRICES

6.1 Bold Gorilla uses reasonable efforts to ensure that the prices quoted to you are correct. However, Bold Gorilla relies on information provided to it by the Third Party Suppliers of the Activities, and is not responsible for any errors they may make. Bold Gorilla reserves the right to correct any errors in fees, charges, rate or prices quoted or billed, even if Bold Gorilla has already received payment from you.

6.2 Prices quoted are subject to change, including at the discretion of any Third Party Supplier, before booking. Prices may also change after booking and payments have been made because of matters outside Bold Gorilla's control (such as increases in the costs of accommodation and fuel).

6.3 The Activity price does not include meals, beverages, transport or ancillary other items except to the extent that they are included in the Activity description, and you are responsible for bearing those costs.

6.4 The pricing on Bold Gorilla’s website is expressed on a GST-inclusive basis unless it is specifically described as being GST exclusive. If GST is imposed on any supply made (or deemed to be made) by Bold Gorilla to you (or vice versa) in connection with these terms where the consideration is GST-exclusive, the party receiving the supply must pay to the party making the supply an amount equal to the GST payable in respect of the supply, in addition to the price or other consideration (if any) that is otherwise required to be paid for that supply.

7. DESCRIPTIONS AND PHOTOGRAPHS

Descriptions and depictions of the Activities, such as photographs, on Bold Gorilla's website are based on information provided by Third Party Suppliers. They are provided as guidance only, and may not accurately represent the Activity or components of it. For example, pictures of accommodation may not reflect the exact room, décor, view or other specifications.

8. AUTHORITY ON TOUR

Some of Bold Gorilla's Activities are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or wellbeing of any person participating in the Activity. If you and/or any children accompanying you fail to comply with a decision made by a group leader, or interfere with the wellbeing or mobility of the group, the group leader may direct you to leave the Activity immediately, with no right of refund. If this occurs, Bold Gorilla may also elect not to allow you and/or your accompanying children to book any future Activities.

9. CHANGES TO ACTIVITY

9.1 Bold Gorilla may modify the itinerary or other details of an Activity where reasonably required at any time, in its sole discretion. If Bold Gorilla makes a change which materially affects the character of an Activity (Material Change), Bold Gorilla will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before commencement of the Activity.

9.2 If a Material Change is made, Bold Gorilla will use reasonable efforts to provide you with an opportunity to cancel your booking and receive a refund, depending on the terms of any relevant Third Party Supplier. Bold Gorilla will notify you if this is the case, and the time within which a response is required. If you do not respond within the notified timeframe, you will be deemed to have accepted the Material Change.

9.3 Once an Activity has commenced, changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for any participant's health, safety, enjoyment or comfort. Bold Gorilla will not be liable for any indirect and or consequential losses associated with any changes to an Activity. If the change results in a material element of the Activity not being delivered, or any other material change in the character of the Activity, Bold Gorilla will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Bold Gorilla may provide you with a full or partial refund, as determined in its discretion.

10. CANCELLATION BY YOU

10.1 You may cancel your booking by notifying Bold Gorilla by email to info@boldgorilla.com.au.

10.2 In the event that you cancel a booking, Bold Gorilla will use reasonable efforts to provide you with a full or partial refund of any deposit or payment for the Activity (as applicable), taking into account the terms on which relevant goods and services are provided by Third Party Suppliers and minimum participant numbers required to make the Activity viable. However, bookings are not generally able to be cancelled and Bold Gorilla is under no obligation to provide you with a refund, except to the extent required by law.

11. CANCELLATION BY BOLD GORILLA

11.1 If an Activity is cancelled by Bold Gorilla before the date of commencement for reasons other than Force Majeure (as defined in clause 16) and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Bold Gorilla:

(a) a substitute Activity of equivalent or higher value;

(b) a substitute Activity of lesser value if no Activity of equivalent or higher value is reasonably available and to recover from Bold Gorilla the difference in price between the price of the Activity originally booked and the substitute Activity; or

Accepting the options in either 11.1(a) or 11.1(b) is subject to you paying any remaining amount due for the original Activity.

11.2 Bold Gorilla is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking, including non-refundable transport, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment.

12. ACCEPTANCE OF RISK

12.1 Bold Gorilla uses reasonable efforts to select and operate Activities that are safe and suitable, including for school-age children. However, you acknowledge that the Activities offered by Bold Gorilla may involve risk to your health and safety. By booking an Activity with Bold Gorilla, you acknowledge that you have considered any potential risks to your health and safety and that of other persons included in your booking. You assume responsibility for all such risks, and release Bold Gorilla from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in the Activity.

12.2 You agree to take all prudent measures in relation to your own safety while participating in an Activity, including the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Bold Gorilla nor its Third Party Suppliers is liable for loss or damages caused by your failure to comply with safety instructions or warnings.

12.3 You acknowledge that you are choosing to travel at a time where you and other persons in your booking may be exposed to pathogens, including but not limited to the COVID-19 virus. Bold Gorilla will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.

12.4 Bold Gorilla recommends that you take out adequate travel insurance against forfeiture of payment, loss of deposits, cancellation charges, baggage loss, medical expenses, theft and other contingencies for the duration of the Activity. Bold Gorilla makes no representations as to what you may recover under any such insurance. You agree not to hold Bold Gorilla responsible for any decision of insurers, and/or any Third Party Supplier or relevant authority.

13. FEEDBACK AND COMPLAINTS

You agree to raise any complaints or other feedback with Bold Gorilla as soon as possible in order to provide Bold Gorilla with the opportunity to properly address such complaints. Bold Gorilla assumes no liability for complaints that are not properly brought to its attention, and Bold Gorilla cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of an Activity must be received in writing by Bold Gorilla within 30 days of the end of that Activity.

14. NO LIABILITY FOR THIRD PARTY SUPPLIERS

14.1 Although Bold Gorilla takes all reasonable care in selecting Third Party Suppliers, Bold Gorilla is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions.

14.2 The liability of Third Party Suppliers to you may be excluded or limited by way of the terms and conditions imposed by those Third Party Suppliers as referred to in clause 5.2.

14.3 Bold Gorilla is not liable, and will not assume any responsibility for, any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of Third Party Suppliers or any other person other than Bold Gorilla and its employees.

15. LIABILITY

15.1 The law implies various terms, conditions, guarantees, warranties, rights, remedies and liabilities which may apply to the supply by Bold Gorilla of goods or services to you. Bold Gorilla excludes all of those terms, conditions, guarantees, warranties, rights, remedies and liabilities, and any other term, condition, guarantee, warranty, right, remedy or liability that might have otherwise have been implied by custom or otherwise, to the fullest extent permitted by law.

15.2 If a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms operates to exclude, restrict or modify the application of any condition, warranty or provision implied by, the exercise of any right or remedy under, or the imposition of any liability under the Australian Consumer Law to that extent.

15.3 To the extent that the Australian Consumer Law permits Bold Gorilla to limit its liability for obligations that cannot be excluded under clause 15.2, then its liability is limited to:

(a) in relation to goods is limited to replacement of the goods or the supply of equivalent goods, or repair of the goods, or payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; and

(b) in relation to services is limited to the supplying of the services again, or the payment of the cost of having the services supplied again,

and, except in the case of a major failure (as that term is defined in the Australian Consumer Law), Bold Gorilla can elect as between the remedies set out in paragraphs (a) and (b).

15.4 Notwithstanding any other provision of these terms, but subject to clauses 15.2 and 15.3, Bold Gorilla will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity, nor for any other consequential or indirect loss or damage of a similar nature, in connection with any Activity or these terms.

15.5 Subject to clauses 15.2 and 15.3, Bold Gorilla's total aggregate liability in connection with an Activity to you or any other person included in your booking is limited to:

(a) in the case of personal injury, death or illness suffered by you or any other person included in your booking as a direct result of Bold Gorilla's negligent, unlawful or fraudulent act or omission, or breach of these terms AU $10,000; or

(b) otherwise, the amount that you paid for the Activity or, in the case of loss or damage to luggage and other personal possessions, AU $1,000 (if that is less).

15.6 Bold Gorilla will not at any time be liable for any loss of or damage to valuables of any nature.

16. FORCE MAJEURE

Bold Gorilla will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Bold Gorilla's failure to perform any duty owed to you, if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by any event outside of Bold Gorilla's and any applicable Third Party Supplier's reasonable control (including acts of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbance, riot, insurrection and government restraint, fire, extreme weather, explosion, flood, earthquake, tsunami, epidemic, pandemic or other health emergency) (Force Majeure).

17. IMAGES AND MARKETING

You agree that, while participating in any Activity, images, photos or videos may be taken by other participants or by Bold Gorilla or its representatives, that may contain or feature you or any other person included in your booking. You consent to any such pictures being taken to Bold Gorilla, its contractors, sub-contractors and assigns, reproducing those images for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

18. PRIVACY POLICY

Bold Gorilla must collect your personal information to deliver the Activity and manage your booking. Bold Gorilla collects, uses and discloses only that information reasonably required to enable Bold Gorilla and its Third Party Suppliers to deliver the Activity, as described in Bold Gorilla’s Privacy Policy, which is available at boldgorilla.com.au and is expressly incorporated into these Terms. By submitting any personal information to Bold Gorilla, including by making a booking, you indicate your acceptance of Bold Gorilla’s Privacy Policy.

19. SEVERABILITY

If any of these terms is found to be illegal, invalid or unenforceable under any applicable law, such term will, to the extent it is severable from the remaining terms, be severed from these terms and will not affect the legality, validity or enforceability of the remaining terms.

20. AMENDMENTS

Bold Gorilla reserves the right to amend these terms at any time, and will post the amended terms on its website. Any amendment will take effect for the purposes of bookings for Activities made at any time after the publication of the amended terms..

21. APPLICABLE LAW

These terms are subject to the laws of Victoria, Australia. Bold Gorilla and you submit to the exclusive jurisdiction of the courts located in Victoria, Australia and the courts of appeal therefrom for the resolution of any dispute under these terms or concerning any Activity.