Effective Date: 25 March 2019
BOOKING TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS FOR BOOKING OUR SERVICES CAREFULLY PRIOR TO MAKING ANY BOOKING
Welcome to the Two Rivers Retreat.
This Booking Terms and Conditions (“Terms”) is an agreement between:
Dr Alla Demutska and Dr Richard Chambers (collectively “Retreat Organisers”).
We may revise the Legal Agreements at any time. The revised version will be effective at the time that is specified. The applicable version of the Legal Agreements between you and us is determined by the time of your booking of the Retreat.
“Retreat” means any workshop retreat, any event, holiday, tour, excursion, or other such activities that may be offered or organised from time to time by Two Rivers Retreat as published on Two Rivers Retreat’s website.
‘Us’, ‘our’, ‘we’, ‘Two Rivers Retreat’ means the Retreat Organisers including all employees, contractors and affiliates of the Retreat Organisers’.
“Retreat Organisers” means Dr Alla Demutska (ABN 65923217197) and Dr Richard Chambers (ABN 77885053605).
Dr Alla Demutska and Dr Richard Chambers are severally and proportionately liable for equal share of the liabilities under this Terms as the Retreat Organisers.
‘You’, ‘Your’ and ‘Client’ refer to you, the client, visitor, website user or person using our website or Services as relevant. If you do not agree to be bound by these Terms, we ask that you do not engage our Services or use our website.
You must be 18 years of age or older to use our Services.
We offer a variety of services including but not limited to arranging and hosting interactive and engaging Retreats. These Retreats are based on research and models from neuroscience, and combine mindfulness and mindful self-compassion practices, as well as values exploration from Acceptance and Commitment Therapy. They include some theoretical components, lots of practical exercises, group work, and working in pairs (“Services”).
We plan and organise Retreats and programs based on mindfulness, Mindful Self-Compassion, and Acceptance and Commitment Therapy principles which may include accommodation, meals, yoga sessions, cooking class, nature walks, massage, and workbooks and access to a swimming pool.
We are not a travel agent nor do we book any flights. You are solely responsible for booking your flights to the destination to arrive on time. We cannot provide a refund if you miss any activities or for any accommodation or any other prepaid parts of the package.
You need to familiarise yourself with the flight, activities and other third-party terms and conditions when making your bookings and any reservations.
From time to time during the Retreat, we may provide feedback, coaching, constructive comments and suggestions (together ‘Comments’). They are intended to assist and provide feedback. Feedback and discussions are important to the success of our workshops and for your own performance and progress. Our Comments are in no way to be taken as or relied upon as personal advice and are made based on our experience, our view and opinion only. If at any time you are uncomfortable with any Comments, please feel free to discuss this with us and we will try to address and respond to any concerns you may have.
We are responsible for organising the Retreat, where it is within our control. We cannot guarantee that all items listed on our website will be functional at all times, however all endeavours will be made to rectify any problems as soon as we possibly can.
Please note: We cannot and do not guarantee any particular results and you are solely responsible for your own progress and performance. We do ask that for your own progress and to gain the most out of any Retreat, you will participate and consider our recommendations in order to get the most out of your Retreat. This will enable us all to have a more successful workshop and Retreat.
OWNERSHIP OF INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION
Materials, images and work may be provided to you from time to time as part of the Retreat or during the workshops to enable the provision of the Services. All materials, images, coaching materials, including but not limited to any electronic or digital presentations (together ‘Materials’) are provided without warranties of any kind, both express and implied. The Materials include any additional materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which may be provided or developed as a result of or during the Services or a Retreat, and is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than the personal private use of the client. At no time may it be reproduced and provided to third parties without our express written permission.
Any writings, articles, images, musings or other content (together ‘Content’) that you may develop, write or produce during any Retreat will belong to and remain your intellectual property. However, you are strictly prohibited to audio or video record any part of the Retreat program while our Services are being provided to you or to other attendees of the Retreat. At no time will we re-use or reproduce your Content without your express written permission.
Spaces on our Retreat are limited and subject to availability. Please note that while we will endeavour to accommodate all requests to participate in our Retreat, places are reserved on a first-come first-served basis and are secured upon payment of 100% of the Retreat price. Once this payment has been paid it secures your dates. We cannot guarantee any reservation until your payment has been received.
Upon booking and confirmation that your requested dates for your chosen Retreat are available, we charge 100% of the Retreat price.
We keep a waitlist for interested guests to join a Retreat that has been oversubscribed. In the event of any cancellations, guests on the waitlist (in order of request being received) will be notified of the opportunity to join the Retreat.
It is important to also note that there may be changes or alterations from time to time to bookings that are out of our control due to third-party supplier issues. However, we will at all times endeavour to inform you in advance, as soon as we are made aware. If it is a material change, we will at all times try to ensure you have a suitable alternative available.
PAYMENT, DEPOSITS, FEES AND CHARGES
Payments are made via www.trybooking.com
Our prices do not include additional activities such as airfares, private coaching sessions, any local tours, treatments or classes, alcohol and other drinks, snacks, laundry, items of a personal nature and other items. The inclusions are indicated on our website. These additional activities and items as well as any gratuities are payable directly to the venue or provider.
No booking or reservation for any Retreat is finalised unless full payment is received and confirmed. If a payment has not been made by the date advised by us, your booking may be cancelled.
In addition, the cost of our Retreat are in AUD and are final. We cannot be held responsible for any change to fees and charges, including any currency fluctuations, for activities which are not included in the standard Retreat fee, which are ‘extras’, optional or provided by a third-party supplier.
CHECK IN AND CHECK OUT
Guests rooms will be ready from 2pm on day of arrival. You may arrive earlier however; in any case, we are almost always able to arrange for you to at least drop your bags if you arrive early. If your flight is delayed or cancelled, you are required to contact us by email or text the contact number you have been given in your arrival pack. On your departure day you must be ready to leave the Retreat by 11am unless otherwise agreed.
In the event that before your arrival or during your stay your choice of room becomes unavailable or unusable for any reason we reserve the right to offer you an alternative room of the same level of quality (“Replacement Room”). You acknowledge and agree that in such circumstances you will not be entitled to any compensation aside from the provision of a Replacement Room for the remainder of your Retreat.
AIRFARES AND TRANSFERS
Airfares are not included in the Retreat price. Airport transfers are not included in the Retreat price. You will need to inform us about your flight number and arrival times. We offer clear arrival and departure instructions and details upon confirmation of the booking.
Whilst we do our best to try to meet all special and additional requests, we cannot guarantee nor do we warrant that any special requests relating to food, bookings, seating and any other requests you may make will be available. Please let us know and we will try to accommodate you.
VISAS AND TRAVEL DOCUMENTS
In many instances, visas may be required for travel. We cannot be responsible for any issues related to your inability to travel or enter any country or zone as a result of your citizenship or other status.
You are responsible for ensuring you obtain all necessary travel requirements including but not limited to entry, exit and re-entry requirements and that you have a valid passport prior to travel.
CHANGES AND ALTERATIONS
From time to time, Retreats may be altered or cancelled for reasons out of our control including but not limited to political events, riots, weather conditions, participant safety, operational circumstances, unsuitable accommodation due to utility or service issues and other unforeseeable events (together ‘Force Majeure’).
In these circumstances, your full payment will be credited to another Retreat run by us.
We also reserve the right to cancel, change or substitute any Retreat at any time due to lack of minimum required participant numbers, external or third-party supplier issues that may arise. If you do not want to accept the alternative Retreat for any reason, we will offer you a refund in accordance with Australian Consumer Law requirements. Again, repetition with different outcome due to cancellation.
We do not offer credit for arriving late or leaving early. There are no partial refunds for any services not used while the Retreat is going.
REPLACEMENT OF FACILITATORS AND TEACHERS
Where a facilitator advertised for a Retreat is not able to teach due to reasons outside our control, we reserve the right to replace them with another teacher or facilitator.
REFUNDS, TRANSFERS AND CANCELLATION
Your booking is not secured until we have received your payment of 100% of the Retreat price. Once this payment has been received it secures your reservation. We cannot guarantee any reservation until your payment has been received.
Cancellation made 180 days prior to the Retreat starting date will receive a full refund. Cancellation made between 180 and 90 days prior to the Retreat starting date will receive a 50% refund. Cancellation made between 90 and 30 days prior to the Retreat starting date will receive a 25% refund. Cancellation made with less than a 30-day notice will receive no refund (“Refund Policy”).
If you cannot attend the Retreat due to unforeseen circumstances (such as medical or other reasons which are outside of your control), your reservation can be transferred to another person (“Transferee”). In these circumstances, you may arrange the transfer yourself or you may contact us so that we can attempt to arrange the transfer of your booking to someone on our waiting list. The transfer must be completed at least 2 weeks prior to the starting date of the Retreat. The transfer is only completed when we provide our written confirmation that the transfer has been completed (“Transfer Completion”).
Transfer arranged by yourself: Any such changes or transfers may incur an administration fee to be advised at the time and are subject to our third-party suppliers’ permission. The Transferee must provide his/her written confirmation of accepting and agreeing to this Terms. Any payment between the Transferee and you for the transfer must be arranged between you and the Transferee, we are at no time to be involved. We are entitled to accept or refuse the transfer any time prior to the Transfer Completion subject to our sole discretion. If we reject the transfer for any reasons, you may elect to cancel your reservation, any refund for the cancellation will be strictly made in accordance with our Refund Policy.
Transfer arranged by us to people on the waiting list: Any such changes or transfers may incur an administration fee to be advised at the time and are subject to our third-party suppliers’ permission. We will use reasonable endeavor to arrange the transfer to someone on the waiting list, however we cannot guarantee the transfer can be completed successfully. If the transfer is successful and the Transfer Completion occurs two weeks prior to the starting date of the Retreat, we will provide you with a full refund deducted by our administration fee if applicable.
In some cases, different refund and cancellation policies may apply for additional events or activities that are not part of or included in our original Retreat. The refund terms may vary based on an individual tour operator, event or other third-party individual refund and cancellation policy. Please check this directly with the individual provider.
There are no refunds, part refunds for any unused portion of any Retreat or package. This includes any late arrivals for which there are missed activities or other prepaid items.
In the event that we amend or cancel your reservation in accordance with this clause, we are not liable for any additional costs or losses that may be incurred by you due to the change of booking. This includes, but is not limited to, any extra hotel reservations or car rentals, or the cost of non-refundable airline tickets.
We strongly recommend that you take out travel insurance to cover any costs or losses which you may incur, including but not limited to costs associated with cancellations, amendments, and any unforeseen events.
LIMITATION OF LIABILITY AND DISCLAIMERS
To enable us to offer you these Retreats, we contract and work with and through a network of third-party businesses and individuals to assist in the running of the Retreats. For this reason, we are not responsible for any of their acts or omissions.
It is an essential pre-condition to you engaging our Services, booking and attending any Retreat, that you agree and accept that we are not legally responsible for any loss, injury or damage you may suffer related to your use of any Retreat, our Services, or any information provided by us. This includes but is not limited to any injuries, losses or damages in connection with accommodations, other facilities at the resort, ground transportation, diseases, Acts of God, local laws, climatic condition delays, changes or cancellation of travel due to weather conditions, accidents or health or mental health related problems while residing at Yoga House, and while in transit to (e.g., an accident on the way to a tour or into town etc), during, and after an Retreat.
You agree that you engage our Services and attend any Retreat at your own risk. We are not responsible at any time, directly or indirectly for any direct, indirect, consequential loss or damage including any loss of revenue, profits, income or otherwise even if made known to us prior. You agree you engage in any activities offered through the Retreats at your own risk and we are in no way to be held liable.
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in this Terms is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you signify your agreement to this Terms, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this Terms, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
To the fullest extent permitted by law, we exclude all express or implied liabilities in the representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
- implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
- our Services being unavailable; and
- any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your use of the Services, attending any Retreat, the inability to attend any Retreat, and any late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
To the extent we are unable to exclude 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.
We cannot guarantee the availability of any Retreat at any time. In the event of any changes to any times, dates or venues, we will use all reasonable endeavours to notify you and where applicable, work with you to arrange suitable alternative options.
HEALTH AND MEDICAL ISSUES
Some of our Retreats offer optional or other activities which carry inherent health risks. You are fully responsible for ensuring you have made all enquiries for all Retreats to ensure you are not at risk for any medical or health related issues. This includes but is not limited to all food risks, fitness requirements and travel issues you may have or which may pose potential risk. If you have any food allergies or intolerances, we ask that you make us aware and to the extent we will make best efforts to accommodate your requirements. However we cannot be responsible for any issues, illnesses, allergic reactions or other that you may experience as a result of any allergens. You need to make your own enquiries and consult your medical professional prior to any travel or Retreat.
In particular, you acknowledge and agree that the Retreat and the Services are not suitable for those who:
- Experience symptoms/behaviours so extreme that they could not benefit from the Retreat (for example, acute psychosis, significant substance abuse, severe post-traumatic stress disorder, depression and anxiety);
- Are at high risk of self-harm, suicide and/or harm to others;
- Have difficulty functioning appropriately in a group setting; or
- Are suffering from poor cognitive functioning; or
- Have difficulty understanding English (all retreats are offered in English).
We strongly recommend that you have appropriate comprehensive travel insurance, providing cover against all costs, losses and liabilities that may arise in connection with medical issues, health issues, personal injury, personal property, liability, cancellations, travel delays, travel alterations, and any other relevant matters. We ask that all participants take out the appropriate travel cover in order to cover their Retreat, travel and any other travel or activities they may be booking. We assume that such a policy is in force before you depart. You should bring the policy with you in case of an emergency.
It is vital that we have your valid email address. If you change this you should inform us immediately. We correspond by email. Once your booking has been made and we have received your deposit, all further correspondence is by email. We will also email you all of the information that you’ll require to get to the Retreat location. We offer clear arrival and departure instructions and details upon confirmation of the booking
We do our utmost to provide accurate information to you, answer all your queries and ensure you enjoy our Retreats. In the event there arises an instance where you may feel your program, seating, accommodation, food or room quality or another aspect of your experience was not as advertised or was otherwise not matching your expectations, we ask that you address this, at the time, with the relevant third-party service provider or operator if applicable (hotel, restaurant, tour guide, yoga instructor) directly. If no satisfactory resolution is reached, or if the issue relates to something that was provided directly to you by us (rather than via a third-party service provider), please advise us.
We only facilitate the Retreat and Services, and are not responsible for the cleanliness, food quality or room quality of hotels or seat quality on tours and at venues including the accuracy of any third-party or other such issues or claims you may have. While we endeavour to ensure your Retreat is at all times of a high quality, we ask that if you have any issues with the venue that you alert your Retreat host immediately, and the issue is to be taken up directly with the third-party business at the time of the Retreat where appropriate.
It shall be your own responsibility to ensure that any products, Services or information available that we provide meets your specific, personal or commercial requirements. We do not warrant that any Retreat will be suitable or fit for your purpose or will correspond with the advertising by any individual Retreat venue. You agree to make your own enquiries directly with the venue if required.
We are committed to protecting your privacy. We use the information we collect about you to maximise the Services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles.
You may change your details at any time by advising us in writing via email. All information we receive from our clients is protected by our secure servers or held in secure file management systems.
From time to time we may take group photos or photos of individuals while engaging in a Retreat, for advertising promotional purposes and to post on our website or social media pages. If you do not wish to have your image posted, please notify us in writing.
We do not and will not sell or deal in personal or client information. We may however use your information, in a general sense without any reference to your name, to create marketing statistics, identify user demands and to assist in meeting client needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use. If a third-party provider contacts you or is using your information for marketing purposes, please contact them directly to ask them to refrain from using your information.
DISCLOSURE OF YOUR INFORMATION
We may be required to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our client agreements; or to protect the rights, property or safety of our clients or third parties.
USE OF RETREAT IMAGES AND WEBSITE CONTENT
We will be taking photos of individuals, groups, and activities throughout the Retreat to post on our website and social media outlets for marketing, news and interest. Unless you provide us with an express written request to refrain from including your image, you agree to all such images and photographs being posted by us.
All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on our website and/or Facebook page are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property and all Material is either owned by or licensed to us. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorised use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These Terms represent the whole agreement between you and us concerning your use and access to our website, engaging our Services and any Retreat you may book with us.
No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.
Our agreement, these Terms and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and us that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.