TERMS AND CONDITIONS FOR RETREAT PARTICIPANTS

Scroll down to read T&C for Retreat Hosts. 

1. BOOKING POLICY

1.1. Bookings for our group retreats can only be confirmed when a non-refundable deposit of $500 is received. Some retreats may require a lower or higher deposit, which will be advised to you when you request availability.

1.2. The remainder of your payment is due 60 days (domestic Australia) or 90 days (overseas) prior to the start of the retreat. If your retreat is booked within 60/90 days of the start date, you are required to pay the full amount at the time of booking.

1.3. Retreat participants must obtain comprehensive travel insurance to attend our group retreats including, but not limited to, cover for overseas medical expenses, evacuation charges, trip cancellations and force majeure events.

1.4. Every retreat participant must provide Retreat Here with full details of their travel insurance at the time of final payment, as well as a signed copy of the participation form and indemnity waiver. Failure to provide these documents may result in cancellation of your booking and forfeiting the non-refundable deposit.

1.5. Retreat participants must be at least 18 years or older to attend our group retreats.

1.6. By paying your deposit, or by paying the full amount for your retreat, you agree and accept our Retreat Terms and Conditions.

2. PAYMENT POLICY

2.1. Full payment must be received at least 60 days (domestic Australia) or 90 days (overseas) prior to the start of the retreat. If you make your reservation within 60/90 days of the retreat commencing, full payment is required at the time of booking to secure your spot. Failure to pay the full amount within this time frame results in the deposit being forfeited. We reserve the right to resell your place in the retreat if full payment has not been received 60/90 days prior to the retreat commencing.

2.2. Bank fees, credit card charges or Paypal fees incurred by transferring money are the sole responsibility of the guest.

2.3. Any services not included in the retreat package are the sole responsibility of the retreat participant and have to be paid for by the participant, in the local currency of the retreat destination.

3. CANCELLATION POLICY

3.1. All cancellations must be received in writing to hello@retreathere.com.

It is the Retreat Participant’s responsibility to contact Retreat Here and verify that their message was received to avoid any potential additional cancellation fees that may be incurred due to delayed cancellation. Retreat Here will take no responsibility for any costs associated with messages not being received, or a delay to inform us of their cancellation.

The Retreat Participant is responsible to ensure flights, travel insurance and any components booked outside of this retreat are cancelled and will adhere to the cancellation policy of each individual supplier.

If you wish to transfer the booking to another Retreat Participant, this has to be requested in writing to hello@retreathere.com and is subject to approval.

The following cancellation fees apply for booking cancellations and transfer requests:

3.2a. Cancellation fees for overseas retreats are as follows.

Cancellations received:

  • Prior to 90+ days from the start of the booked retreat date: You will forfeit the non-refundable deposit. If payment in full has already been made, you may transfer 100% of this payment (less the deposit) to a future retreat, to be used within 18 months from date of booking, or request a full refund (less the deposit).
  • Between 60-89 days prior to the start date of your booked retreat: You will forfeit the non-refundable deposit. You may transfer 100% of the retreat fees (less the deposit) to a future retreat, to be used within 18 months from date of booking, or request a refund of 75% of the retreat fees (less the deposit).
  • Between 0 and 59 days prior to the start date of your booked retreat: No refund or transfer is allowed and you will forfeit 100% of your retreat fees paid.

3.2b. Cancellation fees for domestic retreats in Australia are as follows.

Cancellations received:

  • Prior to 60+ days from the start of the booked retreat date: You will forfeit the non-refundable deposit. If payment in full has already been made, you may transfer 100% of this payment (less the deposit) to a future retreat, to be used within 18 months from date of booking, or request a full refund (less the deposit).
  • Between 0 and 59 days prior to the start date of your booked retreat: No refund or transfer is allowed and you will forfeit 100% of your retreat fees paid.

3.3. Due to our commitment to accommodation providers, instructors, tour operators etc, we cannot make any exceptions to the above-mentioned cancellation fees. We do not offer any credit for arriving late or departing early, missing activities or not using any part of the scheduled program.

3.4. You must submit your signed participation agreement, indemnity waiver form and proof of travel insurance at least 60 days (Australia domestic) or 90 days (overseas) prior to the retreat commencing. If you have made your booking within 60/90 days of the retreat start date, your documents are due within one week of booking. Guests who fail to do so, may be subject to an automatic cancellation and the above cancellation policy will apply.

3.5a) If Retreat Here (or any of our venues) is forced to cancel or change one of our own scheduled retreats or retreat dates for any reason, excluding force majeure (see clause 3.7) you may transfer your full payment to another retreat date within an 18 month period, subject to availability. You may also request a full refund to your original credit card/form of payment.

3.5b) If a Retreat Host is forced to cancel one of their retreats (i.e. a retreat that we have helped to plan but are not hosting) for any reason, excluding force majeure (see clause 3.7) you may transfer your full payment to another retreat date within an 18 month period, subject to availability. You may also request a full refund to your original credit card/form of payment.

3.6. We are not responsible for any expenses incurred in preparation of any cancelled retreat – whether our own group retreats or retreats we have helped planning – i.e. airplane tickets, other accommodation booked, travel insurance, airport transfers, illness, loss of work etc.

3.7. We will not be liable for cancellation, failure of, or delay in performing our obligations under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present unacceptable danger to the retreat participant.

3.8. In the event of a cancellation or refund, we are not responsible for any currency fluctuations and will refund the original amount from the original invoice.

4. PRICES AND RETREAT PROGRAM

4.1. Prices and Retreat Program as shown on the website are subject to change. We reserve the right to change retreat prices, or prices of individual add-on components, without prior notice. Existing bookings that have been paid for in full, or for which a deposit has been paid, will keep their original price as per the invoice.

4.2. We reserve the right to change our original retreat program and schedule, or individual services due to extraordinary circumstances s (e.g. external forces, governmental regulations, delays of third parties, weather and oceanic conditions, etc.). Retreat schedules and itineraries, including any activities and workshops included, can change at any time without notice.

4.3. We reserve the right to change the retreat location due to unforeseen issues (e.g. third party delays or problems, construction, etc.). We will ensure the standard is kept the same in all the partnering retreat venues.

5. LIABILITY

5.1. To the extent permitted by law, neither Retreat Here nor any of its directors, partners, employees or contractors accept any liability for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party providers over whom we have no direct control and is not preventable by reasonable diligence on our part.

5.2. You acknowledge that you voluntarily take part in the retreat, and in any activities, classes and excursions arranged by us, retreat venues, organisers or third-party hosts, and insofar as legally permissible, waive your right to hold any of the organisers responsible for any loss or damage to person or property that occurs during our retreats.

5.3. Retreat Here reserves the right to change this policy at anytime. The current policy is always applicable.

6. PASSPORT AND VISA INFORMATION

6.1. Laws regarding validity of passports vary from country to country, with many governments still requiring passports to have a minimum validity of 6 months beyond the period of intended stay. Passports must also have a minimum of four blank pages to be valid for travel.

6.2. It is your responsibility when travelling or transiting a country to ensure that you have valid passports, visas, visa waivers, re-entry permits which meet the requirements of the local immigration and/or government authorities.

7. HEALTH OVERSEAS

7.1. It is important that you discuss your travel plans with a health professional to ensure you have the correct vaccinations for your trip and any booster doses of childhood vaccinations you may need. The Australian Government recommends you make an appointment with your doctor or travel clinic for a basic health check-up as well as to discuss the health requirements (vaccinations etc.) and/or any precautions for the destinations you will be traveling to.

Apart from the health risks involved, some countries actually prohibit travel unless you can prove your immunisation record. The World Health Organisation provides health information for overseas travellers.

7.2. Should you need to take medication overseas with you it is important to check the medication is legal in the destination country. On occasions, you may need a letter from your doctor describing your medical condition and a detailed list of the medication required. (In general the medication should be carried in its original packaging and clearly marked.) For more medical information, visit your local doctor.

7.3. Some countries require tourists to carry proof of medical cover (in the form of travel insurance) in order to enter. It is therefore highly recommended that you keep a copy of your policy on you at all times when travelling.

8. COMPLAINTS

If you have any feedback or a problem during your retreat, please inform the retreat leader immediately and he/she will endeavour to resolve your issue. Please note that we are not responsible for the individual behaviour of any group member or guest sharing your room/accommodation.

TERMS AND CONDITIONS FOR RETREAT HOSTS

1. ACCEPTANCE

1.1. These Booking Terms and Conditions (Terms) are between Retreat Here PTY LTD (ABN 816 268 952 34) its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases Services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you.

1.2. You have requested the services, described on and able to be ordered via our website: www.retreathere.com (Site), via email to us or contacting us directly by phone (Services). Our Services include permitting you to browse retreat experiences supplied by third parties (Venues) advertised on our Site.

1.3. You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully and contact us if you have any questions using the contact details at the end of these Terms. By:

a) using or purchasing our Services including ticking an online acceptance box when completing our order form or ordering our Services via email or phone to plan your own Retreat;
b) confirming by email that you accept these Terms;
c) instructing us to proceed with the Services; or
d) making any payment for the Services and any Booking, set out in our tax invoice to you (Invoice), you acknowledge you have read these Terms and contact us if needed, that you accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not submit a Retreat Planning Form or otherwise order the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR PURCHASE OUR SERVICES FROM US OR DO ANY OF THE ABOVE ACTS.

2. RETREAT VENUES AND THIRD PARTY TERMS

2.1. All retreat venue bookings are subject to availability. Retreat Planning Services we offer may consist of the following products:

a) access to hotel and retreat venue bookings. When booking a venue, you are bound by the terms and conditions of the venue;
c) health and wellness programs;
d) tours and excursions; or
e) packaged retreat itineraries as offered by venues. When booking any of the above, you agree to the applicable terms and conditions of each component in your packaged retreat itinerary.

2.2. From time to time, we may also arrange car rentals and other Services as identified by you in the Retreat Planning Form and agreed between the Parties.

2.3. Upon receipt of a Retreat Planning Form, we will provide to you a proposal which contains: a quote for the applicable fees for our Services and other charges including but not limited to fees for the goods or services requested under a Retreat Venue or Retreat Itinerary identified in your Retreat Planning Form and any third party fees and charges (such as duties, taxes, fuel levies and, subject to your payment method, credit card fees and charges) as notified to you (collectively the Fees); and descriptions regarding the products which will form part of your booking with us, (Retreat Proposal).

2.4. Additional third party terms and conditions, including but not limited to conditions of carriage may apply to each Retreat Itinerary (Third Party Terms). Third Party Terms are set out on the Site and/or will be otherwise notified to you prior to or at the time we issue your Retreat Proposal. Third party terms and conditions do not form part of these Terms.

2.5. It is your responsibility to check the details contained in your Retreat Proposal, including your full name(s), the dates and location of your Retreat (as applicable) before confirming and providing payment of the applicable Fees. By confirming a Retreat Proposal, you agree you will pay to us the total fees for the goods or services to be supplied under the Retreat Itinerary identified in the Retreat Planning Form; our Service fees; and any third party fees and charges (including but not limited to include duties, taxes or fuel levies), as set out on the Site or otherwise notified to you (collectively the Fees).

2.6. Upon: receipt of your confirmation to our Retreat Proposal; validating your payment of the applicable Fees and such payment has been received in full, we will provide a confirmation notice to you, which will include a description of what was ordered, and the Fees paid by you (Booking Confirmation). Any changes to your Retreat Itinerary or Retreat Schedule after we issue your Booking Confirmation, including but not limited to any changes to names, may incur additional fees and charges in accordance with Third Party Terms.

2.7. A binding agreement comes into existence between the Parties once we have issued you a Booking Confirmation. No changes to these Terms will be effective unless the Parties agree to such changes in writing.

2.8. These Terms may be amended from time to time at our discretion. The changes will apply to you for Services ordered and paid for after the date of the change. If you do not agree with these Terms and/or the changes, you should not purchase any Services or request a Booking.

3. RETREAT PLANNER

3.1. We act as your Retreat Planner to plan your retreats and our Services are subject to Third Party Terms. By agreeing to these Terms, you hereby authorise us as your agent to: make the retreat bookings on your behalf; and arrange the relevant contract between you and each third party service provider. Any Retreat Itinerary booked by you is subject to Third Party Terms and, subject to these Terms, your legal right with regards to any aspect of the Retreat is between you and the party identified in the Third Party Terms and the Australian Consumer Law.

4. REGISTRATION AND SERVICES

4.1. Access to some of our Services will require you to register for an account. It is your responsibility to keep the details of your account, including user name and password, confidential. You are liable for all activity on your account, including any purchases made using your account details.

4.2. We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.

4.3. Some Services require upfront payment of a deposit or the first instalment of the applicable Fees (Deposit). If a Deposit is payable as set out on the Site, we will not commence performing the Services until we receive such payment.

4.4. The price of a Retreat Venue or Individual Services by Third Parties and any components therein is subject to change at the discretion of the third party supplier offering any goods or services contained in your Retreat Proposal. The Fees displayed with respect to a Retreat Itinerary will be current at the time we provide the Retreat Proposal.

4.5. If there are any changes to the price prior to issuing you a Booking Confirmation, we will notify you of the change. If you agree to the change in price, you must pay the difference before we issue to you a Booking Confirmation. We are not responsible for any changes to the price after the time of your Booking Proposal, prior to payment being made.

4.6. If you do not make full payment of the relevant Fees in accordance with the payment terms as set out in an Invoice or otherwise notified to you, we reserve the right to cancel your Retreat.

4.7. We may provide the Services to you using our employees and contractors and they are included in these Terms.

4.8. Third parties who are not our employees or our direct contractors including but not limited to suppliers of any goods or services offered under a Retreat will be your responsibility. Such third parties reserve the right to cancel and reschedule your booking due to unforeseen circumstances. To the fullest extent permitted by law, we are not responsible for the products or services provided, or any change or cancellation, by those third parties.

4.10. To book your Retreat and provide our Services, we will supply your personal information to third parties supplying all or any part of the travel products comprising your Retreat. Any use or disclosure of your personal information by us is in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles as amended from time to time. Our Privacy Policy is available on our Site.

5. FEE, INVOICING AND PAYMENT

5.1. You agree to pay us the Fees and/or such amounts set out on our Invoice or otherwise notified to you. Unless otherwise set out on the Site or notified to you in a Retreat Proposal, all amounts include Australian GST where applicable. Other taxes, duties, levies or charges will be separately shown as applicable.

5.2. Payment may be made by way of credit card or other payment methods as notified to you when ordering our Services.

5.3. Although some Fees are stated in Australian dollars, some products and arrangements are purchased in foreign currency and may be subject to applicable exchange rates. Where payment is made to the retreat venue or hotel upon check-out, either for the room cost, wellness program or incidentals, payment is made in local currency of the hotel. Depending on your selected payment method, bank, card issuer and/or the financial institution processing your transaction, you may be subject to additional fees and charges including but not limited to cross border, exchange or currency conversion fees and/or transaction fees. Such fees and charges vary by country and/or currency and are subject to change at the discretion of your bank, card issuer and/or financial institution (as applicable). You acknowledge and agree that we are not responsible for: such fees and charges and the value of your purchase in Australian currency which may fluctuate subject to change in exchange rates.

5.4. If you make payment by way of credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make payment and that your payment will be honoured by your card issuer. We may conduct various checks to validate your identity and the integrity of your payment details, which may include requesting additional information from you to verify your identity.

5.5. You agree to pay our Invoice(s) by the payment date set out on the Invoice and/or Payment Proposal. If you do not pay by the payment date, we may cease to provide the Services to you until we receive payment.

5.6. If any Invoice(s) are unpaid after the payment date, we may cancel your Retreat and any reservations made therein.

5.7. We may conduct various checks to validate your identity and the integrity of your payment details.

5.8. We reserve the right to report bad debts to independent credit data agencies.

6. YOUR OBLIGATIONS AND WARRANTIES

6.1. You warrant that throughout the term of these Terms that:

a) there are no legal restrictions preventing you from agreeing to these Terms;
b) you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner. Such information may include but is not limited to your name, gender, contact details, payment details, passport details and the passport details of a co-host;
c) the information you provide to us is true, correct and complete;
d) you will not infringe any third party rights in working with us and receiving the Services;
e) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
f) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
g) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you; and
h) if applicable, you hold a valid ABN which has been advised to us.

7. TRAVEL REQUIREMENTS

7.1. Passports & Visas: It is important that you ensure you and any co-host holds a valid passport. It is your responsibility to ensure that you comply with all necessary passport, visa, immigration requirements or other travel or regulations. We do not accept any responsibility if you cannot travel because you are not compliant. If you fail to meet any such requirements, any fines, penalties, payments or other expenditures or inconvenience incurred will be your sole responsibility.

7.2. Health: Vaccinations and other health precautions may be advisable or required for travel to certain countries. It is your sole responsibility to obtain appropriate information, determine whether this is required and seek advice from your doctor or general practitioner specific to your circumstances prior to travelling.

7.3. Travelling with disability or other medical conditions: If you or any person travelling with you on your Retreat have a disability or suffer from any medical condition, please contact us prior to submitting your Retreat Planning Form to discuss your travel arrangements and ensure that the Retreat Experience you choose is compatible with any such requirements.

7.4. Insurance: You are responsible for purchasing the appropriate insurance or with adequate coverage for the duration of your Retreat and your travel needs.

8. OUR INTELLECTUAL PROPERTY

8.1. The Materials contain material which is owned by or licensed to us and is protected by Australian and international laws.  We own or hold the appropriate licence to the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.

8.2. You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.

8.3. Your use of our Materials does not grant you a licence, or act as a right to use, any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.

8.4. You must not breach our Intellectual Property rights by, including but not limited to:

a) altering or modifying any of the Materials;
b) creating derivative works from the Materials; or
c) using our Materials for commercial purposes such as onsale to third parties.

8.5. This clause will survive the termination of these Terms.

9. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS

9.1. If you provide information including any Intellectual Property to us, then you:

a) warrant that you have all necessary rights to provide the Intellectual Property to us;
b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and
c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

9.2. If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:

a) irrevocably consent to any amendment of the Intellectual Property in any manner by us;
b) irrevocably consent to us using or applying the Intellectual Property without any attribution of authorship;
c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

9.3. This clause will survive the termination of these Terms.

10. FEEDBACK AND DISPUTE RESOLUTION

10.1. If you have any complaints or requests regarding an aspect of your Retreat during your retreat, please contact the applicable third party supplier such as the airline or hotelier first to ensure any issues can be resolved promptly. If your complaint or request is not resolved locally, please contact us as soon as possible.

10.2. Your feedback is important to us and we seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us using our details at the bottom of these Terms or via our contact form as set out on our Site.

10.3. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.
b) If the Parties cannot agree how to resolve the dispute, any Party may refer the matter to a mediator.  If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator.  The mediator will decide the time and place for mediation.  The Parties must attend the mediation in good faith, to seek to resolve the dispute.

10.4. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

11. CHANGES OR CANCELLATION

11.1. If you would like to change or cancel your Retreat after Retreat Planning has commenced, you must contact us as soon as possible using our details at the bottom of these Terms or via our contact page on the Site.

11.2. You acknowledge and agree a change and/or cancellation fee or other fees and charges may be payable for any cancellation requests made by you after a Retreat Planning has commenced as set out on your Retreat Proposal or Retreat Planning Contract. These include but are not limited to cancellation fee in accordance with Third Party Terms.

12. TERMINATION

12.1. Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.

12.2. We may terminate these Terms immediately, at our sole discretion, if:

a) we consider that a request for the Service is inappropriate, improper or unlawful;
b) you fail to provide us with clear or timely instructions and/or requested information to enable us to provide the Services;
c) we consider that our working relationship has broken down including a loss of confidence and trust;
d) you act in a way which we reasonably believe will bring us or our Site into disrepute;
e) you provide us with incorrect payment details or any other incorrect information;
f) an invoice is overdue and you fail to pay an invoice within 14 days of a written demand for payment; or
g) for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe.

12.3. Subject to your rights under Australian Consumer Law, on termination of these Terms you agree that any Deposit and some payments made are not refundable to you, and you are to pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.

12.4. On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements.  Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

12.5. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

13. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

13.1. ACL: If you are a consumer as defined in the Australian Consumer Law as set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to limit liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

13.2. Refunds: Your rights to a refund for any of the Fees paid is subject to your rights under the ACL or corresponding foreign law that may apply to any product purchased as part of the Wellness Holiday, these Terms and Third Party Terms. Subject to your rights under the ACL, some Fees are non-refundable for change of mind by you as set out in our Retreat Proposal. If any cancellation fees apply for any change or cancellation for a Retreat we will notify you of these in our Retreat Proposal. Any applicable refund will be made via the same payment method used to pay the Fees. Please note venue refunds may not be received instantly by us. Whilst we will use reasonable endeavours to assist you with any applicable refund, your rights and any payment of a refund is subject to the third party provider and beyond our control.

13.3. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.

13.4. Referral: We may provide you with contact details of third parties that may be of interest to you. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of goods or services, and to the fullest extent permitted by law we disclaim all responsibility and liability for the third party advice or provision of services, or their failure to advise or provide services.

13.5. Warranties: To the extent permitted by applicable law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

13.6. Availability: To the extent permitted by applicable law, we exclude all liability for:

a) the Services or any Retreat Venue or Individual Service being unavailable or sold out prior to issuing you a Booking Confirmation; and
b) any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services, or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

13.7. Limitation: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

13.8. Accuracy of Information: Whilst we endeavour to keep the information supplied on the Site up to date and correct, we make no representations, warranties or guarantees, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products including Retreats and Itineraries, services or related graphics contained on the Site for any particular purpose. You should review all information carefully and rely on your own independent research and you rely on such information at your own risk.

13.9. This clause will survive termination of these Terms.

14. INDEMNITY

14.1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
b) any breach of these Terms by you;
c) any misuse of the Services, the Site or the Materials by you, your employees, contractors or agents; and
d) your breach of any law or third party rights.

14.2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

14.3. This clause will survive termination of these Terms.

15. GENERAL

15.1. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

15.2. GST: If and when applicable, GST payable on the Fee for the Services will be set out on our invoices.  You agree to pay the GST amount at the same time as you pay the Fee.

15.3. Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

15.4. Assignment: These Terms are personal to the you. You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent (such consent not to be unreasonably withheld).

15.5. Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.  If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

15.6. Force Majeure: We will not be liable for cancellation, failure of, or delay in performing our obligations or the obligations of retreat venues and third party providers under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present unacceptable danger to the retreat host and participants.

15.7. Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be: from us to you, in writing addressed to you at the address in your Retreat Planning Contract; and from you to us, in writing to our address as set out at the end of these Terms.  Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

15.8. Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

15.9. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

16. DEFINITIONS

16.1. Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.

16.2. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

16.3. Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.

16.4. Materials means work and materials that we provide to you in carrying out the Services.

TERMS OF USE

1. The content of this website is for your general information and use only. It is subject to change without prior notice.

2. This website uses cookies to monitor browsing preferences for our own research and to continuously improve the site. The following information may be stored by us for use by third parties: your username in case you create an account for your wish list.

3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria.

10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

12. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Contact details:

Retreat Here PTY LTD (ABN 816 268 952 34)

99 River Street, 3141, Melbourne, Australia

hello@retreathere.com

(03) 9942 4265

Last update: 27 June 2018

LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.