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These Retreat Terms and Conditions (Terms) are between Annaliese Lee t/as Events By Lu (ABN 41 420 552 835) its contractors and agents (“us” or “we”) and any person, organisation or entity that purchases Services from us (“you” or “your”), and collectively referred to as the “Parties”.
These Terms apply to all sales made by us to you.
YOUR BOOKING IS A CONTRACT
By making payment for the Retreat, you agree to read, comply with, and accept our Terms. We may amend these terms and conditions from time to time.
1. BOOKING POLICY
1.1. All bookings are subject to availability. Bookings can only be confirmed once a non-refundable deposit of 20% of the total purchase price is received. Confirmation of your booking will be confirmed by email.
1.2. Double and triple occupancy rooms require a 20% deposit per person. All parties must submit their deposit within 7 days of the first deposit paid, or the booking will be forfeited.
1.3. Final payment must be paid at least 60 days prior to the Retreat. Payment will be non-refundable. If the balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled.
1.4. We strongly recommend you take out travel insurance when booking a retreat. Travel insurance is your responsibility and should include protection from any financial loss or damage as a result of cancellation, medical and repatriation expenses, personal accident or injury, death and loss of personal baggage and money and personal liability.
2. CANCELLATION POLICY
Due to our commitment to accommodation providers, instructors, tour operators etc., we cannot make any exceptions to the cancellation terms below. You must notify us of cancellations and changes to bookings in writing and as soon as possible.
2.1. In the event you are no longer able to attend your retreat, we are happy to transfer your booking to another available retreat of the same value (or applicable difference paid) if provided with at least 90 days written notice prior to start of the retreat. Alternatively we will refund your payment, less the 20% deposit.
2.2. If written notice of cancellation is provided at least 60 days prior to start of the retreat, we will cancel your booking and retain your deposit. If payment was made in full at the time of booking, written cancellations made prior to 60 days before the event will be eligible for a refund of payment, less the 20% deposit.
2.3. Cancellations made between 0 and 60 days prior to the start date of your booked retreat will not be eligible for a credit or refund and you will forfeit 100% of your retreat fees paid. We strongly recommend you take out travel insurance at the time of booking to cover any unforeseen cancellation.
2.4. We do not offer any credit for arriving late or departing early, missing activities or not using any part of the scheduled program.
3. CANCELLATION BY EVENTS BY LU
We reserve the right to cancel any event at any time up to (and including) the 61st day before the scheduled event start date. In this scenario, the client will receive a complete refund of all monies paid to Events By Lu, minus bank transfer costs. In addition, we reserve the right to cancel any event at any time if, due to natural disaster, political instability or other disruptions and/or circumstances beyond our control (“force majeure circumstances”), the operating of the event would be unsafe or otherwise unviable. In the scenario an event is cancelled due to a force majeure circumstance, the client will receive a refund equal to the monies paid to Events By Lu less any bank transfer costs. We strongly recommend that you purchase travel insurance.
4. LIMITATION OF LIABILITY
As the retreat operator, we make arrangements with other parties to provide you with some of the services on your retreat. These parties are independent suppliers over whom we have no direct control. Events By Lu holds no responsibility for independent contractors (or weather conditions) changing services on the retreat. Events by Lu are not responsible for any claims, losses, damages, costs or expenses arising out of injury, accident or death, damage, loss or delay of baggage or other property; or delay, inconvenience, loss of enjoyment, or frustration, whether physical or mental resulting from:
(1) the act or omission of any party including Events by Lu or its employees;
(2) mechanical breakdown, government actions, weather or other factors beyond our control;
(3) your failure to read information provided and follow instructions including, but not limited to, obtaining sufficient travel protection & health insurance and providing correct & complete personal, health and travel information;
(4) your cancellation or change for any reason in travel services offered; and
(5) your medical or health problems or physical disabilities.
5. THIRD PARTY OPERATORS ARE INDEPENDENT CONTRACTORS
Events by Lu does not own, operate or control any person or entity that provides any goods or services for your retreat (“Third Party Operators”), including any lodging facilities, airline, ground or water transportation, tour operator, food service provider, etc. Rather, we contract with Third Party Operators to provide all goods and services for your retreat; and you understand that all Third Party Operators are independent contractor(s), and not affiliates or employees of Events by Lu. In selecting Third Party Operators, we do our best to seek out reliable suppliers and contractors to provide the necessary travel-related goods and services. Accordingly, in the absence of gross negligence by the Events by Lu, you understand and agree that Events by Lu shall not have any responsibility or liability for any acts or omissions of any Third Party Operators in connection with your retreat. Without limiting the foregoing, we will not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of or by reason of the acts or omissions of any Third Party Operator.
6. ASSUMPTION OF RISK
Events by Lu is dedicated to providing a safe environment for all clients who participate on our retreats. However, you must take responsibility for your own behaviour and safety. Furthermore, you understand and assume the risks and hazards inherent in travel. These risks and hazards may include, without limitation, delays, illness, injury, death or other unanticipated happenings, and may be caused by force majeure circumstances, the negligence of Events by Lu or other persons (including third party operators), the intentional and/or criminal conduct of others or other circumstances. Certain locations are remote and require additional travel time away from city centres and towns; as such, medical attention may not always be readily available. You acknowledge and agree that your decision to travel is made after having considered this information, and you expressly assume the personal risks involved with such travel.
7. PERSONAL CONDUCT
Aa a Retreat Participant, you agree to the following:
7.1. To conduct yourself with personal responsibility and at the Retreat.
7.2. Should you engage in inappropriate, illegal or disruptive behaviour (including but not limited to bullying, harassment, discrimination, unlawful, disrespectful or violent or intimidating behaviour) to any person (including but not limited to Events by Lu personnel and employees, the local community, other guests and participants) you will be asked to leave the Retreat at your own cost and no refund will be available.
7.3. During any “free time”, you are liable for the activities that you undertake and do so with the knowledge that the Retreat Organiser is not liable for your decisions.
7.4. Any intake of alcohol or legal / illegal drugs are done so at your own risk and the Retreat Organiser is not held liable for consequences arising out of your actions in this regard.
7.5. You, and not the Retreat Organiser, are solely responsible for any liability for repair, replacement, medical and other associated costs, and any fine or penalty imposed by any relevant authority arising out of your negligence or deliberate act or omission causing damage to any equipment, premises, vehicle, public or private property or land, or injury harm or death to any person, animal domestic or wild, or flora.
8. RETREAT PARTICIPANT CONDITIONS
8.1. The Events by Lu takes no responsibility for the conduct of retreat participants and will not be held liable for any loss or damage to person or property caused by another retreat participant(s).
8.2. Personal items and belongings
8.3. You are solely responsible for the safekeeping and care of your personal items and valuables.
8.4. Events by Lu holds no responsibility whatsoever for any loss, theft, breakage or damage to personal items and belongings during any Retreat experience, to and from the Retreat or during any Retreat-related experience.
9. ITINERARIES
The itinerary listed for each retreat represents a general plan for that retreat (including the day-by-day schedule of activities). Sometimes circumstances may arise which result in changes to the listed itinerary and you agree to work accordingly with suppliers or coordinators to re-schedule your retreat plan. These changes may include, without limitation, delays and/or partial or complete changes in the following: the itinerary, quality or location of lodging, modes or quality of transportation, etc. If the retreat needs to be altered in any way due to reasons outside of our control we will let you know as soon as is practical and make alternative arrangements to be discussed with you. You understand and agree that: (i) Events by Lu and/or its designees may make last-minute or on-site decisions to address changed circumstances, (ii) Events by Lu does not guarantee conformity with any itineraries that have been published or furnished to you or any other clients, and (iii) Events by Lu reserves the right to change the itinerary with or without notice to you.
10. WEBSITE, BROCHURES AND ADVERTISING
The information provided in our website, brochures and advertising materials is of the best of our knowledge and we believe it is correct at the time of publishing. Occasionally errors may occur and information may change so you must therefore check all the details of each venue and suppliers at the time of booking.
11. PHOTOS AND MARKETING
11.1. Consent to use of video and photography image.
11.2. You understand you may be photographed or filmed during your participation in any retreat by Events by Lu.
11.3. You agree to allow your photograph(s), video, or film likeness, in original, altered or enhanced state to be used for any legitimate purpose by Events by Lu.
11.4. Legitimate purpose includes, but is not limited to, marketing purposes such as website, promotional material for public display and distribution, media release, social media (including but not limited to Facebook, Twitter and Instagram).
12. FEEDBACK AND DISPUTE RESOLUTION
Your feedback is important! You understand and agree:
12.1. You will contact the Events by Lu immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.
12.2. In the event of a dispute you agree to advise the Events by Lu in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute;
12.3. You agree to meet in person or Skype, in good faith to seek to resolve the dispute by agreement and compromise;
12.4. If an agreement cannot be reached to resolve the dispute any party may refer the dispute for mediation to the Queensland Law Society (QLS);
12.5. Both parties must attend the mediation provided by QLS, in good faith, to seek to resolve the dispute through mediation.
12.6. Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party, is unsuccessful.
12.7. Confidentiality is paramount to both parties personal and professional reputations and standing their business and community.
12.8. At no time will any communications or discussions be made public. This includes but is not limited to any social media websites of either party.
12.9. Any public discussion or comments about either party will be considered defamatory, negative or otherwise damaging and will be the subject or compensation in any mediation or litigation claim.
13. GOVERNING LAW
You understand and agree:
13.1. The Terms and Conditions of this Agreement are governed and construed under the laws of Australia.
13.2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Queensland.
13.3. By paying your deposit, YOU, the participant, affirm you have read and understood this Retreat Participation Agreement and voluntarily agree to these terms.
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