1- CANCELLATION FROM THE CLIENT
If you, or any member of your party, cancel your travel arrangements at any time, written notification from the person who made the booking must be received by us by email at email@example.com. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable by you: if you cancel the yoga retreat 45 days or more prior to your arrival date, all payments will be refunded, minus the 30% deposit. If you cancel the yoga retreat from 31 days to 44 days, 50% refund, minus the 30% deposit. If you cancel the yoga retreat between 30 days and your arrival date: 100% of the payments will be forfeited.
2- Cancellation by Golden Earth –Journeys in Yoga
We reserve the right to cancel any event at any time up to (and including) the 61st day before the scheduled event start date (except 91 days with respect to certain events). In this scenario, the client will receive a complete refund of all monies paid to Golden Earth Yoga, minus bank transfers 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 Experience Retreats less any costs incurred by Experience Retreats which are not recoverable and minus bank transfers costs. We strongly recommend that you purchase travel insurance.
3- DISCRETION TO REJECT BOOKINGS OR DENY PARTICIPATION
Golden Earth –Journeys in Yoga reserves the right, in the exercise of its discretion and judgment, to reject any client booking and/or to deny participation by any client in an event at any time prior to the start date, if we believe that a client poses a risk to the property or external suppliers. If a host booking is rejected, then that host will receive a full refund of all monies paid to Golden Earth –Journeys in Yoga for that event minus bank transfers costs. Furthermore, each yoga instructor leading an event also has the authority, in the exercise of his/her discretion and judgment, to deny participation to any of their guests, if the instructor believes the client’s continued participation will be disruptive to the overall experience, to the other clients and/or to property or suppliers. If a client is denied participation after the event’s start date, it is up to the host to deal with the matter and refunds if so.
Villas, shuttle services or other constituent elements of the event will be arranged by Golden Earth- Journeys in Yoga with suppliers local to the regions in which we curate the events, who may themselves engage the services of other local operators and/or sub-contractors. Experience Retreats will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the retreat host assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of Golden Earth- Journeys in Yoga will not exceed that of any supplier. All suppliers will be selected and assessed by Golden Earth- Journeys in Yoga in reference to local laws and regulations in the relevant country of operation. Golden Earth- Journeys in Yoga will not be liable for the acts or omissions of any independent contractors.
The itinerary listed for each event represents a general plan for that event (including the day-by-day schedule of activities). However, you acknowledge and accept that you will structure your days in the retreat according to your class dynamics and retreat ethos and will only stick to what third party suppliers have agreed in terms of activity timings, etc. Sometimes circumstances may arise which result in changes to the listed itinerary and you will 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. You understand and agree that: (i) Golden Earth- Journeys in Yoga and/or its designees may make last-minute or on-site decisions to address changed circumstances, (ii) Golden Earth- Journeys in Yoga does not guarantee conformity with any itineraries that have been published or furnished to you or any other clients, and (iii) Golden Earth- Journeys in Yoga reserves the right to change the itinerary with or without notice to you.
6- 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.
7- TRAVEL INSURANCE
Golden Earth- Journeys in Yoga strongly advises all clients to purchase travel insurance in connection with the event to cover sickness, cancellation or curtailment. While the coverage provided by travel insurance varies based on the policy you purchase, as a general rule, this type of insurance may provide coverage for a variety of losses which a client may incur relating to a booking, including losses relating to trip cancellation, illness, injury, theft, lost or damaged property, etc. Be aware that, except for the limited refund rights outlined in Sections 10, 11 and 12 above for various cancellation scenarios, each client is 100% responsible for any losses, penalties, fees or other financial consequences arising out of any booking or trip, or the cancellation or interruption of any event (including, i.example, costs related to airline tickets and fees, passport fees, visa fees, medical expenses, etc.). For all of these reasons, we urge you to purchase travel insurance promptly following booking of the event. If you are a yoga teacher it is also a condition of booking that you are insured to cover to your teaching.
8- PHOTOS AND MARKETING
With respect to still photos and/or video footage from the event which include(s) your image and/or name, you irrevocably grant us the right to use those photos and/or footage for marketing and promotional purposes (including, without limitation, on our website, in advertisements, marketing materials and/or on our social media platforms), on a royalty-free basis, throughout the world and in perpetuity. With respect to any still photos and/or video footage from the event which were shot by you and posted on Facebook, Instagram, Twitter or any other social media platform, you irrevocably grant us the right to re-post those photos and/or footage on Facebook, Instagram, Twitter or any other such social media platform, on a royalty-free basis, throughout the world and in perpetuity. We will use good faith efforts to credit you as the source of any such photos or footage that we re-post; but our failure to do so will not be a breach of these Terms & Conditions or invalidate the foregoing grant of rights. If you notify us of our failure to credit you, we will remedy that failure as promptly as practicable, in a reasonable manner (which may include the addition of credit, or the take-down of the applicable photo or footage), following receipt of your notice.
0- IMMUNISATIONS | TRAVEL ADVISORIES | WARNINGS
Each client assumes full responsibility for verifying any requirements relating to and/or obtaining any immunisations which may be necessary or desirable for travel in the applicable country(ies) and/or region(s). Each client also assumes full responsibility for researching the safety and security conditions in the applicable country(ies) and/or region(s) during the period of scheduled travel, and being aware of any applicable travel advisories and/or warnings. Clients may also wish to consult a physician who is knowledgeable about travel medicine and related medical issues in the country(ies) and/or region(s) to be visited.
10- ALCOHOL | DRUGS POLICY Hosts should not practise yoga under the influence of alcohol, drugs, or both, and doing so will result in immediate dismissal of the event, with no refund being issued.
11- THIRD PARTY OPERATORS ARE INDEPENDENT CONTRACTORS
Golden Earth- Journeys in Yoga does not own, operate or control any person or entity that provides any goods or services for your event (“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 event; and you understand that all Third Party Operators are independent contractor(s), and not affiliates or employees of Golden Earth- Journeys in Yoga. In selecting Third Party Operators, we do our best to seek out reliable suppliers and contractors to provide the necessary travel-related goods and and services. Accordingly, in the absence of gross negligence by the Golden Earth- Journeys in Yoga, you understand and agree that Golden Earth- Journeys in Yoga shall not have any responsibility or liability for any acts or omissions of any Third Party Operators in connection with your event. 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.
12- ASSUMPTION OF RISK
Golden Earth –Journeys in Yoga is dedicated to providing a safe environment for all clients who participate in 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 Golden Earth –Journeys in Yoga 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 or may be of inferior quality compared to what is available at home. Also, you may be visiting places where the political, cultural and geographical environment is very different than where you live, and in some cases, these differences may present increased risks and/or challenges. We use reasonably available information from the Indian government Foreign Travel Advise, applicable foreign governments and reports from our contacts in planning each events itinerary, and assessing the viability of each events itinerary as the start date approaches. However, it is your responsibility to acquaint yourself with all available and relevant travel information for your destination and the nature of your itinerary. 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.
13- WAIVER OF LIABILITY AND RELEASE
You acknowledge and agree that Golden Earth-Journeys in Yoga and its affiliates, subsidiaries, officers, directors, shareholders, members, employees, successors and assigns (collectively, the “ER Parties”) shall 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 (i) the acts or omissions of any Third Party Operator or (ii) the negligence of any of the ER Parties or (iii) any acts or omissions of any other parties or (iv) force majeure circumstances. You release the ER Parties from any and all claims, liabilities, losses, expenses, damages, demands, actions, causes of action, lawsuits or sums of money of any kind arising out of, by reason of, resulting from and/or related to any trip you may book and/or participate in; and you understand and acknowledge that you are fully responsible for and expressly assume any and all risks, whether known or unknown, in connection therewith.
In the unlikely event that you have a complain during or after an event with us, you must bring it to our attention immediately. If your complaint is not resolved, then you must repeat your complaint in writing within 7 days of the end of your event with us by emailing us at connect @ goldenearthyoga.com. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will acknowledge any correspondence within 7 days and endeavour to deal with the complaint as quickly as possible. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we will be unable to accept liability.
You agree that any dispute relating to your booking, the Terms & Conditions, the Agreement or any other issues relating to your event (including any claim you may wish to assert relating to or arising out of your event) shall be referred to confidential and binding arbitration in India, by arbitrator(s) and pursuant to rules of arbitration subject to the mutual agreement of the parties. If the parties cannot agree on the arbitrator(s) and/or the rules of arbitration, arbitration may be compelled by petition to any court of competent jurisdiction in India. Any arbitration award shall be rendered in writing and may be entered and shall be fully enforceable as a judgment in any court of competent jurisdiction. The parties expressly waive their right to trial, including trial by jury. Each party shall bear its own lawyers fees and costs.
This agreement shall be construed in accordance with the laws of India and State of Maharashtra shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.
17- CHANGES TO THESE TERMS AND CONDITIONS
We may need to make changes to these terms and conditions from time to time. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, with the exception of reservations already made.
- Golden Earth –Journeys in Yoga