For full details on your accommodation
arrangements, facilities, course descriptions, and prices please refer towww.purescapes.com
1.Contract
a.Your
booking contract will be with our booking agent Wellbeing Escapes Ltd. ("Wellbeing"), with
registered offices at 3 Lonsdale Road, London NW6 6RA, UK.Company Registration Number 05198764.
Bookings
including flights arrangements are ATOL Protected by the Civil Aviation
Authority (CAA) in the U.K., Wellbeing Escapes ATOL number is : ATOL6970. Through this protection, in the unlikely event of
our insolvency, the CAA will assist in ensuring that you are not stranded abroad and that any money you have paid to us for an advance booking is refunded. For
further information, visit the ATOL website at www.atol.org.uk . We make no representations or warranties about the applicability of any protection available from the CAA or ATOL in any particular circumstance. You should read the information available at the website above, and make any further enquiries you may deem necessary.
"Wellbeing"
acts as the agent for Pure Scapes Retreats Ltd. “Purescapes”. Once
"Wellbeing" makes your package arrangements, their job as agent for "purescapes" is complete. Once your package arrangement has been confirmed, "Wellbeing" will accept responsibility
for this arrangement based on the terms and conditions outlined below, and as
“organizer” under the “Package Travel, Package Holidays and Package Tours”
Regulations 1992. Please ensure that you fully read and understand the terms
and conditions outlined below, as they outline both parties rights, responsibilities, and obligations.
2.Payment/deposits
a.In order
to secure a booking for our services (“the Retreat”) a deposit of 25% of the
total package cost per person is required at the time of booking. Booking confirmation can occur either
via online, e-mail, voice, or printed letter. If a booking is made within 60
days of departure full payment is required at the time of booking. A balance invoice
will be sent to you approximately 70 days prior to departure. Full payment must
be received no less than 60 days prior to departure. If full payment is not
received we reserve the right to cancel the reservation and cancellation
charges will apply.
b.Payments can be made using Visa, MasterCard, American Express, Switch or
Delta. If you pay by Visa/MasterCard, a 1.5% administrative fee will be applied
and if you pay by American Express a 2.0% administrative fee will be applied. If you wish to pay by cheque, we also need a valid credit/debit card to guarantee
your booking. If we do not receive your cheque within
4 days of confirming your booking, or in case the cheque is dishonored by the bank, we reserve the right to charge your credit/debit
card for the appropriate amount in addition to a £25.00 administrative fee.
Once payments are received we will issue a confirmation receipt detailing the
package components. Please review the invoice and notify WellbeingEscapes of
any errors or changes. We can not accept any responsibility/liability of errors
or inaccuracies, if we are not notified within 15 days confirmation invoice
issuance.
3. Travel information and documents Approximately 10 days prior to departure you will receive your travel
documents by email. Airline tickets may be issued as e-tickets and you may only
receive a receipt or itinerary document. Please ensure that you carefully check
your documents for accuracy and completeness. Please contact Wellbeing Escapes immediately
if you feel something is inaccurate or missing
4
. Booking changes/cancellation by you
a.If, after we have
confirmed a booking, you request a change in the dates or location of your
Retreat we will do our best to meet your revised requirements but it may not be
possible. Any request for changes must be made in writing by the person who
made the original booking. If it is possible to make the change, it will be
subject to an administration charge of £50 per booking, and payment of any
further costs incurred as a result of the change. Scheduled airlines normally
regard name changes as a cancellation and rebooking, and any alteration may
incur a 100% cancellation charge. It will not be possible to make any changes
within 30 days of your scheduled departure date.
b.If any person named on a
booking is prevented from travelling as a result of
illness, the death of a close relative, jury service or significant reason, we
agree to that person's booking being transferred to another person who
satisfies all the conditions applicable to the package, subject to both persons
accepting liability for the full payment of the holiday cost and any additional
costs arising from the transfer. This will also be subject to the package
suppliers i.e. airlines approval who may require a 100% cancellation fee.
c.If you or anyone on your holiday booking
decides to cancel the holiday we must be notified of the decision in writing.
The cancellation will take effect from the day the written confirmation is
received. The following scale of charges will be payable depending on when the
notification of cancellation is received.
Prior
to 61 days, 25% of total holiday cost 60 – 30 days: 60% of total holiday cost Less than 30 days: 100% of total holiday cost (including no show)
Where
a flight cost has been incurred by Wellbeing Escapes at the time of booking,
this will be added to the above cancellation charges.
d.No allowances or refunds
will be given for meals, accommodation, activities. etc.
not taken during the Retreat when these are included in the Retreat price.
We would
strongly recommend that you take out full insurance, which will in most cases
include cover, under certain circumstances, against loss of deposit or
cancellation fees.
5.Alterations or Cancellation by Us
Once a Client’s booking has been confirmed "Purescapes" and "Wellbeing" will make every effort to provide the Client with the booked Retreat
arrangements but reserve the right to alter or cancel the whole or part of the
Retreat if we cannot avoid doing so. Reasons for doing so would include such
matters as extreme adverse local weather conditions, natural disasters, civil
strikes or war, terrorist activity, fire, drought conditions, mass power
outages and any similar events [“Force Majeure”]. If
any such alterations are significant then we reserve the right to cancel the
Retreat and we will refund all monies paid. "Purescapes" reserves the right in any
circumstances to cancel your Retreat, in which case a full refund will be
offered of all monies paid. In particular "Purescapes" Retreats require a minimum number of at least 50% of the participants to have
booked by ten (10) weeks before departure. If this minimum number is not
reached by that date we may cancel and refund the money to you. In no case will we cancel your holiday less than eight (8) weeks before the
scheduled departure date, except for reasons of Force Majeure,
or failure of the Client to pay the final balance. "Purescapes" may
modify the list of activities, facilities and members of its staff without
any advance notice.
6.Prices and Increases
(a) Unless otherwise agreed the Retreat price includes scheduled local
transfers to/from the local airport and hikes, accommodation, services of
professional trainers and guides, all activities, a massage, and scheduled
meals. (b) Not included in the Retreat price are any and all flights, travel
insurance, tipping for services, non-scheduled transfers, and items of a
personal nature. (c)In
today’s global economy, currency fluctuations, fuel price changes are frequent
and unpredictable. We do our best to keep our prices constant as published.
From time to time we may have to adjust our pricing to reflect significant
currency changes, transportation companies imposed fuel surcharges and other
unforeseen charges. "Purescapes" and "Wellbeing" strive to have all its prices
on the web site updated and accurate. When you have accepted the price and the
booking is confirmed and the deposit has been paid your price is guaranteed
with the exception of charges outside of our control, i.e. taxes and compulsory
charges introduced after your booking is confirmed but payment is mandatory.
7. Our Responsibilities
(a) "Purescapes" accepts responsibility for ensuring that the
Retreat that you book with us is supplied as described and that the services we
are contractually obliged to provide are to a reasonable standard. We accept
responsibility for the acts and/or omissions of our employees, agents and
suppliers except where they lead to death, injury or illness (see Limitation of
Liability at clause 12 below). (b) Optional trips booked locally are not our responsibility.
8. Your Responsibilities
(a) It is your responsibility that you are in possession of a valid
passport, (with at least 6 months validity beyond the date of your return),
visas, inoculation certificates and other necessary travel documents are in
order and we reserve the right to charge you any costs incurred by us due to
your failure in any of these respects. It is also your responsibility to check
in for your flights by the correct time and to be in the right place at the
right time for ground travel arrangements. We do not accept liability if you
fail to do so and no credits or refunds will be given for lost or mislaid air
tickets or other travel documents. (b) It is a condition of your contract with us that you act with
reasonable care while on Retreat and that you comply with all health and safety
requirements as dictated by the circumstances. (c) As between you and suppliers of transport and other services which
form part of your Retreat, the conditions of
business of other suppliers will apply which may mean that you will be required
by such suppliers to sign liability waivers or other documentation for some
potentially more hazardous activities such as sailing, sea cruises and hiking. (d) There are risks inherent with any Retreat activity and with physical
exercise such as yoga, hiking and the other activities on your itinerary.
As such, we strongly recommend that you consult your doctor before travel to
advise on your ability to undertake strenuous exercise. You should make your
physician and us aware of any medical condition which may affect your ability
and comfort when undergoing vigorous exercise during the Retreat.
9.Insurance
It is a binding condition that you have appropriate travel insurance. As
well, you must have personal liability, personal accident, medical expense and
cancellation insurance at the time of booking your Retreat. You need to have your own travel insurance and provide us with those details in
case of an emergency. As noted above, you should also check with your doctor
that you are sufficiently fit and healthy to undertake yoga classes and the
physical activity we have arranged. If you experience any injury or
discomfort during any activity organised for you,
then you must immediately stop that activity and consult a member of the
Retreat staff.
10. Eligibility
We require that Clients be at least 19 years of age on all Retreats.
11. Risks "Purescapes" retreats will take Clients to places where facilities,
infrastructure, and safety and other standards may not be sophisticated and may
be different from those in a Client’s home country. Retreats involve
physical activity that can be demanding, depending on the condition of the
Client, and the risk of serious personal injury, including permanent disability
and death from accident, illness or the actions or negligence of other persons.
Medical facilities and services may not be easily accessible and may not be
sophisticated.
12. Limitation of Liability, Release and Indemnity
To be eligible to attend a Retreat, Clients must accept these risks and assume
full responsibility for any loss, injury, death or damage to them, their family
or their dependants arising in connection with their participation, or the
participation of their family, in the Retreat.
While "Purescapes" provides most of the travel services, some services may
be provided by local independent suppliers who are subject to the laws of the
place where the services are provided, and any conditions imposed by those
suppliers. The liability of the independent suppliers may be limited by their
tariffs, conditions of carriage, tickets and vouchers, and international
conventions and agreements.
The price of all "Purescapes" services is based on Clients agreeing to
this Limitation of Liability, Release and Indemnity. In consideration for
participating in the trips, Clients agree not to claim against "Purescapes" in respect of, and forever release them from, all liability for economic loss
and physical or mental injury, direct or indirect, arising in connection with
the Retreat – including, without limitation, permanent disability and
death; any emotional distress; any loss of services, financial support, aid,
consortium or companionship; and any damage to or loss of property – in
each case even if caused in whole or in part by the conduct, including the
negligence, of "Purescapes".
Clients
further agree that they will indemnify and hold "Purescapes" harmless in
respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the
Clients; ii) the Client’s family members, dependants or heirs, iii) third
parties, which the Client, their estate, their family members, dependants or
heirs have sued, if damages are recovered from such third parties, to the
extent the third party obtains any indemnification from "Purescapes".
"Purescapes" reserves the right to decline
accepting or retaining any Client whose health or actions in the sole judgment
of "Purescapes" impedes the operation of a Retreat or the welfare or
enjoyment of fellow Clients. In further consideration for participating in the
Retreat, Clients agree that "Purescapes" or their designate, may use any photographic or film records of the trips for promotional and/or
commercial purposes, without any remuneration to the Client. The Client agrees
to assign all right, title and interest they may have in or to any media in
which their name or likeness might be used to "Purescapes".
Operational
decisions may be taken by air carriers and airports resulting in delays,
diversions or rescheduling. Neither purescapes nor Wellbeing Escapes has any
control over such decisions, and is therefore unable to accept responsibility
for them. Where, as a result of circumstances beyond our control we are obliged
to change or end your holiday after departure, but before the end of your
holiday, we will not pay compensation or reimburse you for expenses incurred.
You should have adequate travel insurance for your holiday and claim via your insurance
company for any loss or damage to luggage and/or personal possessions. In the
event that any claim is made directly with us, our liability will be limited in
line with the Warsaw Convention for air travel (generally £35 per person).
16. Jurisdiction
"Wellbeing":
This agreement
shall be governed by English law and be subject to the exclusive jurisdiction
of the English Courts.