BYRON BAY RETREAT FEBRUARY 27 TO MARCH 5, 2021 – TERMS & BOOKING CONDITIONS:
Please take the time to read and understand the terms and conditions set out below prior to booking a retreat with us.
On receipt of cleared payment or deposit of retreat fare(s) by Kula Yoga a binding contract shall be deemed to exist between the guest(s) and Kula Yoga, and that you agree to these terms and conditions.
Payment schedule for individual and small group bookings:
We require a non-refundable 50% deposit paid before November 27 2020 to secure your booking.
Final 50% balance is due by Friday November 27th, 2020.
Full payment must be received on or before Friday November 27th, 2020 otherwise we may terminate this contract and your booking and deposit payment will not be refundable. Any payments we have received for your booking are agreed to be a reasonable pre estimate of the costs and damages resulting from your failure to make full payment by the due date.
For all bookings made after Friday November 27th 2020, full payment is required within 48 hours and it’s acceptance is at our absolute sole discretion and is subject to availability & any price increases or additional costs from suppliers/providers.
CANCELLATION FOR INDIVIDUAL AND SMALL GROUP BOOKINGS
Retreats are transferable to a third party (over the age of 18) with prior notifications of more than 2 days before the retreat starts and only if the transferee meets all of the requirements in relation to the retreat. An admin fee of $150 per person per change will apply. No amendments to your booking are permitted less than 3 days before the retreat start date.
Cancellation for individual and small group bookings received by Kula Yoga no less than 90 days before the retreat start date to which the confirmed booking applied will incur a fee that will be 50% of the total retreat fee for the respective confirmed booking.
Cancellation for individual and small group bookings received by Kula Yoga less than 90 days before retreat start date to which the confirmed booking applied will incur a fee that will be 100% of the total retreat fee for the respective confirmed booking.
No Show No Refund.
We may cancel a retreat at any time up to 90 days before departure. We may cancel a retreat at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. In circumstances where the cancellation is due to external events outside our reasonable control no refund is provided. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
ADDITIONAL CANCELLATION TERMS SPECIFIC ONLY TO COVID-19:
– If the retreat venue in NSW is NOT able to operate due to the SARS-CoV-2 pandemic your full retreat payment will be refunded or carried over in full as credit for a future retreat.
– If the retreat venue IS able to operate but Kula Yoga needs to cancel due to a Victorian based restriction or lockdown due to the SARS-CoV-2 pandemic, border closure or any other related event your full retreat payment will be refunded minus a $200 per person fee imposed by the venue.
– If the retreat goes ahead and you choose not to, or are unable to, attend due to a COVID-19 matter, then our standard cancellation policy as stated above stands.
– If you attend the retreat and for any reason whatsoever you can’t complete the full duration of your booking no refund will be given.
Please note that Kula Yoga accepts no responsibility for any health, travel or extra accommodation expenses incurred by any retreat participants due to the COVID-19, before, during or after the retreat.
In order for us to confirm your retreat arrangements you must provide all requested details and the required payment. Necessary details include identification, full name, date of birth, contact details, emergency contact details and any dietary requirements and pre-existing medical conditions you have which may affect your ability to complete your retreat arrangements. Your booking cannot be confirmed without provision of these details and the required payment.
The price of your retreat includes:
Accommodation as listed in the retreat notes.
Yoga and other related health/fitness classes as listed in the retreat notes.
Sightseeing/activities and meals as listed in the retreat notes.
The services of a Retreat Leader.
The price of your retreat does not include:
Airport transfers, taxes and excess baggage charges.
Meals other than those specified in the retreat notes.
Visa and passport fees.
Travel insurance (compulsory)
Optional activities and all personal expenses.
Prices & surcharges
Our retreat prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our retreat prices may vary at any time in accordance with demand, market conditions and availability. It is possible that different guests on the same retreat may have been charged different prices. Your best option if you like the price you see is to book at that time to lock in that price with your 30% deposit. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. We reserve the right to impose surcharges up to 90 days before departure due to unfavourable changes in exchange rates, increases in transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the amount up to 2% of the retreat price and you will be responsible for the balance up to a maximum of 10% of the retreat price.
For prices quoted in foreign currency rates, you are advised to check with a published currency converter prior to final charges being booked. Kula Yoga will not issue refunds for currency fluctuations.
Age & Health requirements
Minimum Age General Policy: The minimum age is 18 at the time of travel unless agreed otherwise.
Maximum Age General Policy: We have no upper age limit though we remind you that our retreats can be physically demanding and guests must ensure that they are suitably fit to allow full participation.
If applicable, it is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Passports & Visas
For non-Australian guests – You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the country in which you will visit during your retreat. Your passport must be valid for 6 months beyond the duration of the retreat. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your retreat. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
Travel insurance is compulsory for all our guests and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance prior to arrival for your retreat; you will not be able to join the retreat without it.
Authority on Tour
A Retreat Leader runs our group retreats. The decision of the Retreat Leader is final on all matters likely to affect the safety or well being of any person participating in the retreat. If you fail to comply with a decision made by a Retreat Leader, or interfere with the well being or mobility of the group, the Retreat Leader may direct you to leave the retreat immediately, with no right of refund. We may also elect not to accept you on any future retreats booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
The Retreat Leader (Kacey Smith) reserves the right to substitute a replacement leader or vary this retreat prior to departure in the unlikely event of unforeseen circumstances or death. In the unlikely event the Leader (Kacey Smith) is unable to attend this tour please be advised if you choose to cancel for this reason General Travel Insurance does not apply. If for any reason The Leader (Kacey Smith) deems it necessary to make an adjustment to the tour, location, venues, facilitators or content, she may do so by notifying ‘You’ in writing of the changes made.
Acceptance of Risk
You acknowledge that the nature of the retreat is adventurous and participation involves a degree of personal risk. It is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
Limitations of Liability
We contract with a network of companies, government agencies and individuals to assist in the running of our retreats as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
Any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
Any condition or warranty, which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Passenger Baggage and Valuables
It is recommended that baggage be kept to a minimum. All baggage must be clearly and durably marked and identified with guest(s) name and address. Guests should ensure that all baggage, valuables and other personal items are comprehensively insured. No intoxicating liquors, firearms, weapons, nor toxic, flammable, illegal or dangerous goods or substances shall be carried without the prior written consent of the Director of Kula Yoga together with the express consent of the Venue Manager. Kula Yoga shall not be liable for any loss or damage, of passenger(s) baggage, valuables and/or person articles and valuables, the liability for which shall at all times remain solely with the passenger(s) and in this regard the passenger(s) shall release and indemnify Kula Yoga from any claim or liability.
Optional activities not included in the retreat price do not form part of the retreat or this contract. You accept that any assistance given by your Retreat Leader in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
Claims & complaints
If you have a complaint about your retreat please inform your Retreat Leader at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the retreat.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Photos and marketing
You consent to us using images of you taken during the retreat for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a retreat or these Booking Conditions must be initiated in the courts of Victoria, Australia.
DSKB Pty Ltd trading as Kula Yoga
76 Sandringham Road, Sandringham VIC 3191, Australia.
ABN: 80 154 100 599
Updating of terms and conditions
The Company reserves the right to update and/or alter these terms and conditions at any time, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions can always be found on the Company website www.kulayoga.com.au and will supersede any previous versions.