Retreat - Terms & Conditions
Thank you for your interest in our retreat programme. We are super happy that you have taken the conscious decision to invest in your well-being. Please read the below Terms & Conditions carefully. These Terms & Conditions form part of your booking & set out the following:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
The Terms & Conditions below sets out the legal terms that will govern our relationship with you and apply to the services. The intention of these Terms & Conditions is to bring clarity to our relationship, protect both parties and take care of the business side of things so that we focus on enjoying the retreat.
In these Terms & Conditions:
• ‘we’, ‘us’ or ‘business’ means Fonte De Ferro.
• ‘You’ or ‘your’ means the person booking a place with Fonte De Ferro on (‘the Retreat’).
If you would like to speak to us about any aspect of this contract, please get in contact by e-mail on hello@fontedeferro.com
BACKGROUND
Fonte De Ferro provides wellness retreats as part of their services, working with selected professionals to provide the retreat programme.
1. Introduction:
1.1 If you book a place on the Retreat you agree to be legally bound by these Terms & Conditions, including the details of the Retreat which are set out on the webpage for the relevant Retreat at www.fontedeferro.com
1.2 You also agree to be legally bound by the business website terms of use and privacy policy.
2. Information we give you:
2.1 By law, we must give you certain key information before a legally binding contract of sale between you and the business is made (see the summary box below). We shall give you this information in a clear and understandable way either in these Terms & Conditions or the webpage for the Retreat.
We shall give you information on:
– the main characteristics of the Retreat
– who the Retreat is run by, where we are based and how you can contact us
– the total price of the Retreat
– the arrangements for payment
– how to exercise your right to cancel the Terms & Conditions in the 7 day cooling off period
– the business complaint handling policy
3. Reserving your place on the Retreat:
3.1 Below, we set out how a legally binding contract between you and us is made:
3.2 You place an order on the site by clicking on the ‘book now’ button and filling in the booking form or you may place an order with us by sending an email.
3.2.1 When you place your order at the end of the online checkout process by clicking on the payment button, or you send us an email, we shall acknowledge it by an automated email.
This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 When you decide to reserve your place on the Retreat, this is when you make a contractual offer to us.
3.2.3 We may contact you to say that we cannot offer you a place, for example if we do not think the Retreat is right for you or there has been a mistake in the pricing or description of the Retreat or that there are no more places available.
3.2.4 We shall only accept your request for a place when we confirm this to you by sending you a confirmation email and the deposit payment has been received. At this point:
(a) a legally binding contract will be in place between you and us, and
(b) we shall reserve you a place on the Retreat.
4. The Retreat:
4.1 You have protection under consumer rights legislation, including that we must use reasonable care and skill when providing the Retreat.
4.2 The Retreat will correspond in all material ways with its description on the relevant webpage.
4.3 We shall use third parties in connection with the Retreat. For example for the provision of the sessions each day, external suppliers for meals where necessary and some guest talks and activities may be provided by carefully chosen third parties. You acknowledge that we ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with this agreement. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in our performance of this agreement, it is agreed that:
4.3.1 We shall use all reasonable endeavours to apply for your benefit all rights or remedies available from the relevant third party; and
4.3.2 except to the extent the delay or failure is caused by a failure to use our best care and skill in the management or selection of a third party, we shall not be in breach of this agreement and shall have no liability to you arising out of any such delay or failure.
4.4 Our ability to provide the Retreats might be affected by events beyond our reasonable control. If so, there might be a delay before we can go back to business as usual. We shall make all reasonable efforts to limit the effect of any of those events, and shall keep you informed of the circumstances and we shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include internet failure or other IT problems, issues at third party venues or if key staff are ill.
5. Your responsibilities:
5.1 You will pay the price for the Retreat in accordance with the Retreat description on the relevant webpage.
5.2 You will provide us with such information and assistance (and ensure that any information is complete and accurate) as we reasonably request to make the Retreat relevant and useful for you.
5.3 Attendance at the Retreat is not therapy or counselling. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility. For this reason, although we fully expect great things to happen at the Retreat, we cannot guarantee any specific outcomes or that all attendees will achieve the same results.
5.4 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of attending the Retreat and that this person is aware of and supports your decision to attend.
5.5 At the Retreat you will be offered variations of yoga positions for you to choose according to your level of fitness and physical capability. It is entirely your responsibility to listen to your body and make sure your practice remains within your physical capability. The retreat activities are not competitive and listening to your body and the extent to which it is available for the various poses is essential. We are not able to accept any responsibility for any damage or loss you may suffer as a result of your pushing your body beyond its limits.
6. Fees and payment:
6.1 The price for each Retreat is set out on the webpage for that Retreat.
6.2 Payment is via direct bank transfer or any other method described on the webpage for the Retreat or as agreed between us.
6.3 A non-refundable deposit is payable when you book the Retreat as outlined in the Booking Process section. The final payment is due 6 weeks before the Retreat.
6.4 If any payments are not paid on the due date, you may lose your place on the Retreat. Any subsequent losses incurred to you due to this reason are your responsibility.
7. Refund and cancellation policy:
7.1 The fees are non-refundable except for:
7.1.1 Where we cancel a Retreat, you are entitled to a refund for any payments you have made in advance ; and
7.1.2 If you book your place more than 12 weeks before the start of the Retreat, you have a 7 day ‘cooling off’ period as described below.
As we are a small business and have to uphold my commitments to our own suppliers, unfortunately we are not able to make any exceptions to this no-refund policy, not even for personal emergencies. For this reason we strongly advise you to take out travel insurance to protect yourself against illness, emergencies and changes in your circumstances.
7.2 In the event you are unable to attend the Retreat:
7.2.1 You may transfer your Retreat place to a friend, subject to our prior approval of your replacement; or
7.2.2 You can choose to offer your place as a special bursary to a suitable person selected by us in need of this Retreat.
7.3 There is no refund for leaving the Retreat early or arriving after the scheduled start time. There is no partial reimbursement if you choose to opt out of any part of the programme.
8. Cooling off period:
8.1 If you book your place more than 12 weeks before the start of the Retreat, you may cancel this contract within 7 days without giving any reason.
8.2 The cancellation period will expire 7 days after the date of the Terms & Conditions.
8.3 If you book the Retreat within 12 weeks of its start date, you will not have a right to cancel.
9. Effects of cancellation in the cooling off period:
9.1 If you cancel this contract in accordance with the cooling off period in clause 8.1, we shall reimburse to you all payments received from you and we shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
10. Intellectual property:
If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
11. Photograph release:
We may photograph and video group activities for use in future marketing materials and by entering into this contract with us you hereby give to us your consent to use your image for this purpose.
12. How we may use your personal information:
12.1 We shall use the personal information you give to us to:
12.1.1 provide the Retreat and keep you informed about it;
12.1.2 process your payment for the Retreat; and
12.1.3 inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us.
12.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law.
12.3 We shall not give your personal information to any third party unless you agree to it.
13. Resolving problems:
13.1 In the unlikely event that there is a problem with the Retreat, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
13.2 Nothing in this contract affects your legal rights. You may also have other rights in law.
14. Ending the Terms & Conditions:
14.1 Subject to 14.2 this contract will terminate at the end of the Retreat.
14.2 Either you or we may terminate the contract immediately if:
14.2.1 the other party commits any material breach of the terms of these Terms & Conditions and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
14.2.2 the other party commits or threatens to commit or is threatened with any act of insolvency.
14.3 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
15. Limit on our responsibility to you:
15.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
15.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; and
(b) that were not caused by any breach of these terms on our part
15.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
15.2 Our total liability to you is limited to the amount of fees paid by you for the Retreat.
16. Disputes:
16.1 We shall try to resolve any disputes with you quickly and efficiently.
16.2 If we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts will have exclusive jurisdiction in relation to this contract.
17. Third party rights:
17.1 No one other than a party to this contract has any right to enforce any of its terms.
18. General
18.1 Smoking is not permitted anywhere at Fonte De Ferro other than in the designated Smoking Area.
18.2 You are responsible for taking due care when at Fonte De Ferro in relation to it's fixtures, fittings and property. Any damages which you may cause will be charged to you, with damage charges confirmed to you by us, at the time the incident occurs. This may include but is not limited to, damage to tents, bedding, carpets, lights, furniture and equipment.
18.3 Should damages occur you are required to report them to a member of staff immediately.
18.4. Inspections of the property will be carried out by us periodically during your stay.
18.5. We are an off-grid venue with a maximum capacity for power per accommodation and across the venue generally. Our team will work with you to limit any impacts which may occur to power supply during your stay. We are not liable for any damages or loss incurred by you to your property due to power.
18.6 Should you have any special dietary requirements then it shall be your responsibility to make such requirements known to us at the time of purchasing the retreat.
18.7. We reserve the right to make amendments, revisions or changes to the Retreat, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure the services still match the original description, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to the retreat and the services delivered as part of the retreat.
18.8. We reserve the right to temporarily exclude you from the Retreat where we have concerns as to your suitability to safely participate and engage with any aspect of the services or the retreat. Following such action, we will arrange to speak with you to discuss the matter and to determine whether you will continue with the retreat or be asked to leave. Where you are asked to leave then our arrangement will terminate and no refund will be provided.
18.9. You shall be responsible to ensuring that you are fit to travel and that you comply with any legal requirements to travel to the retreat, including but not limited to, obtaining any required travel visas, licences, certifications or consents and that you are responsible for checking any immunisation or health requirements to enable you to travel to and participate in the retreat.
18.10 You are responsible for the arrangement and costs of your own transport to and from the retreat location and any other expenses that you may incur in connection with your attendance at the retreat.
19. Engaging with other retreat guests
19.1. It is important to us that the retreat is a safe space for everyone attending and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times and not to act in a manner which may cause offence, distress or alarm to anyone else attending the retreat or may affect the enjoyment of the retreat by another individual attending the retreat.
19.2. Where we consider, in our reasonable opinion, that you are in breach of clause 19.1 above, then we reserve the right to withdraw your access to the retreat and any of the services. Following such action, we will arrange to speak with you to discuss the matter and to determine where you will continue with the retreat or be asked to leave. Where you are asked to leave then our arrangement will terminate and no refund will be provided.
19.3. If you become aware of any inappropriate behaviour or comments being display or made by any other guests at the retreat at any time during the retreat, then please notify us as soon as possible so that we can investigate and take appropriate action if necessary.
20. Force Majeure
20.1. We will make every effort to deliver the retreat to you but sometimes things may happen which are outside of our control (“Events”). Examples of Events can include, but are not limited to an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lock down, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services or any other circumstances beyond our control.
13.2 Should an Event occur then time for delivery of the Retreat shall be extended until a reasonable time after the Event preventing or interfering with the delivery and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof. If an Event happens which causes a delay to the delivery of the Retreat then we will contact you as soon as we are able to confirm the details of the Event, the steps we are taking to mitigate the impact and when we expect to be able to proceed with the Retreat.
13.3 If an Event occurs which continues for longer than 18 months then either one of us shall be entitled to terminate this Agreement by providing 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to any of our rights in respect of any breach occurring prior to termination. We will not be liable for any loss or damage suffered by you as a result of any delay caused by an Event and any refunds will be considered at our discretion
Please consult with your doctor before beginning any exercise program. By participating in our retreat programme at Fonte De Ferro, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself and agree to release and discharge Fonte De Ferro, and any contracted teachers, from any and all claims or causes of action, known or unknown, arising out of Fonte De Ferro or any contracted teachers’ negligence.
