Terms & Conditions
Terms of Service.
Retreats by Design, its subsidiaries, affiliates, consultants, contractors and/or subcontractors and their respective suppliers, and any of their owners, officers, directors, managers, members, agents and/or employees (company, we, our or us) and you including person or people accompanying you or included in your bookings with us (customer, you or your) agree as follows:
1. GENERAL
1.1 These terms and conditions (“terms”) contain important information. It is essential that you read them carefully.
1.2 You acknowledge and agree that these terms shall apply to all services offered by us from time to time including any retreat and/or experience, and that you shall be bound by these terms. For avoidance of doubt, our terms extend to include the terms of our subsidiaries, affiliates, consultants, contractors, subcontractors, and suppliers from time to time when our services encompass the services and/or products of such subsidiaries.
1.3 We will rely on the authority of the party making a booking to act on behalf of any other party involved and the party making the booking will bind all involved travelers to these (and any updated) terms and conditions affiliates, consultants, contractors, subcontractors, and suppliers and where we are acting as agent.
1.4 Your use of any of the services offered by us constitutes your acceptance of, and agreement to be bound by, these terms, as amended, novated or varied from time to time.
1.5 We reserve the right to unilaterally amend, novate or vary all or some of these terms at any time by posting the amended terms on our website. If you continue to use our services after we amend, novate or vary all or some of these terms from time to time, you shall be deemed to have accepted the amended, novated or varied terms.
1.6 You expressly acknowledge that it is your responsibility to ensure you are familiar with the terms, as amended, novated, or varied from time to time.
1.7 To stay with us and/or use services, you must:
a. Provide us with certain information. You confirm that the information you provide to us is correct, complete, accurate and up-to-date at the time you provide it and you agree to maintain and update the information as required to keep it correct, complete, accurate and up-to date at all times.
b. Be able to enter into a legally binding contract that is enforceable against you; and
c. Comply with our terms including the terms of any of subsidiary, affiliate, consultant, contractor, subcontractor or supplier, as amended, novated or varied from time to time, at all times.
1.8 We may use the information you provide to us to verify that it is correct, complete, accurate and up-to-date.
1.9 Unless specifically authorised by us in writing, we are unable to accommodate any person under the age of 18 years.
1.10 You give consent to us to collect, retain and use personal information about you for the purpose of:
Assessing whether you are suitable and/or eligible to participate in all or some of the activities which form part of our services;
Assessing your creditworthiness;
Disclosing to a third party, details of your credit and any subsequent dealings it may have with the company for the purpose of recovering moneys payable by you and providing credit references;
Obtaining a credit report from a credit reporting agency.
1.11 Each of the terms comprising our terms operates separately. If any authority or court decides that any of our terms are unlawful or unenforceable, the remaining terms will remain in full force and effect.
2. RATES
2.1 All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes, supplier tariff increases, and airfare increases. Please contact Retreats by Design for up-to-date prices.
2.2 Prices will be quoted in New Zealand (NZ) dollars, unless specifically stated otherwise.
3. BOOKING TERMS
3.1 Any deposits paid required to secure your booking with us are non-refundable, with the amounts varying between each retreat. You will be provided with specific payment details on each retreat upon your enquiry and subsequent booking.
3.2 Payments are to be made by direct deposit, unless agreed otherwise with Retreats by Design. Any fees or service charges associated with any other form of agreed payment will be passed onto you.
3.3 For direct deposits, we will issue an invoice for the non-refundable deposit which will be emailed to you at the email address you supply when you make your enquiry. Funds paid via direct deposit are required to be deposited at least 24 hours prior to the final payment due date (specified on your invoice) to allow time for cleared funds to appear in our bank account. Please use your surname and the reference details on your invoice as a reference.
Our bank account details are:
ANZ Bank- 248 Trafalgar Street, Nelson
Retreats By Design
06-0501-0840614-05
3.4 You will not be considered to have made any payment to us until that payment has cleared and is received as cleared funds into our bank account.
3.5 By making payment to Retreat by Designs you are explicitly acknowledging you accept these general terms and conditions along with any other specific terms and conditions provided to you on your invoice.
3.6 The activities included may require you to have a particular level of health and fitness and you confirm that all information provided to Retreats by Design in any pre-booking questionaries is accurate and true.
3.7 Retreats by Design reserves the right to make any amendments to the itinerary, schedule and inclusions, subject to weather and availability of organised activities, cafes, bar and restaurant reservations. Whilst every effort is made prior to the Retreat and pre-bookings are made ahead of time, some situations are out of our control and may require us to make amendments to the Retreat itinerary.
4. CANCELLATION
4.1 Cancellations must be in writing and will incur service fees and charges including supplier fees. These can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Service fees, charges and supplier fees will also apply where a booking is amended, changed or tickets or other travel documents are re-issued.
4.2 Where we incur any liability for a cancellation fee or charge for any booking which you cancel or amend, you agree to indemnify us for the amount of that fee or charge in addition to any service fee Retreats by Design charges.
4.3 The applicable fees and charges will be advised at the time of quoting and booking and are at the sole discretion of Retreats by Design.
4.4 If you cancel or fail to arrive on the first day of your booking, all payments received are non-refundable including payments, and the terms outlined under Cancellation applies. All cancellations must be received in writing via email to tina@retreatsbydesign.co.nz
4.5 Retreats by Design does not offer discounts, refunds or credits for arriving late, leaving early or missing any of the activities while on the Retreat. A retreat booking is fully transferrable to another person, for the same date and package, with a minimum of 48 hours notice required to make that transfer.
There is a $100 NZD transfer fee to cover administration costs involved in amendments required with Retreat arrangements. All terms and conditions apply to the Transferee, including the Liability Release and Travel Insurance (if applicable).
4.6 If for any reason we are unable to accommodate you after your booking is confirmed, we will notify you as soon as we are able by emailing you at the email address you supply during the booking process and we may at our absolute discretion also contact you by other means.
47 If the specific retreat you have booked requires a minimum number of guests to run, and we do not meet this minimum number, we will transfer your booking to an alternative date, based on your availability.
4.8 Your booking is transferable at our absolute discretion.
4.9 If due to government-imposed travel restrictions during Covid-19 and alert levels are such that travel and/or group gatherings are restricted to an extent that may affect the Retreat, suppliers and third parties, Retreats by Design reserves the right to postpone the Retreat. It will be at the sole discretion of Retreats by Design where the Retreat is postponed, or cancelled, with any refunds to be in line with both Retreat by Design’s cancellation policies along with any cancellation and refund policies of any 3rd party suppliers.
5. NO RESPONSIBILITY OR LIABILITY AND YOUR OWN INSURANCE
5.1 We accept no responsibility or liability to vary, transfer or refund your booking due to any event beyond our control including transport delays, closures and/or cancellations i.e. airport, ferry or road closures due to bad weather, or other acts of god (including fire, flood, earthquake, storm, hurricane or other natural disaster), weather, pandemic, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service, or any circumstances beyond control.
5.2 Any bookings made are subject to any terms and conditions imposed by any third-party providers. We can provide you with copies of the relevant service provider terms and conditions on request.
5.3 If any third party is unable to provide the services for which you have contracted, your rights are against that provider and not us, including but not limited to insolvency of that third party or supplier.
5.4 If Retreats by Design is forced to cancel a Retreat or any part of a tour due to weather disrupts, unavoidable accident, a natural disaster, act of God, pandemic, government action or political unrest, it will not refund any part of the tour. The individual parties are each responsible to make contact with or claim any losses through their Travel Insurance.
5.5 Retreats by Design are not responsible for expenses incurred in preparation for any cancelled trips, such as airline tickets, travel insurance, or for costs incurred due to travel delays flight cancellation, personal illness or family illness or death.
5.6 If in the unlikely event, due to unforeseen circumstances, Retreats by Design, is unable to conduct a tour or Retreat, every effort would be made to find a replacement to continue the tour or Retreat, as planned. If however, due to extraordinary circumstances outside of our control, whereby the tour or Retreat, could not go ahead as planned for the dates scheduled, we can apply to the accommodation provider for a postponement to a date within 12 months from original booking dates. This is subject to availability and contract with the individual accomodation provider and is not guaranteed . Separate terms and conditions specifically relating to any non-refundable amounts payable by you will be advised at time of deposit.
5.7 COVID-19 policies differ between third party providers/suppliers and these will be advised at time of booking any Retreat.
5.8 You shall insure and keep insured any property you bring to the retreat locations and any such property is brought onto or left at the retreat locations at your own risk.
5.9 We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements.
Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Retreats by Design can provide you relevant information about travel insurance options.
5.10 Travel documents include, without limitation, airline tickets, hotel vouchers, tour vouchers or any other document, in electronic form or otherwise, used to confirm an arrangement with a service provider. They may be subject to certain conditions and/or restrictions including, without limitation, being non-refundable, non-changeable and subject to cancellation and/or amendment fees and cannot be transferred to another person to use.
5.11 All airline tickets must be issued in the name of the passport or photo identity holder and used in segment order and cannot be used out of sequence, otherwise onward flights may be cancelled.
5.12 An incorrect name on a booking may result in an inability to use that booking being cancelled, so please review your travel documentation carefully and immediately advise Retreats by Design of any errors in names, dates or timings.
5.13 If your retreat involves overseas travel, certain taxes are mandatory in various countries. There may also be an additional local tax charged at some airports and hotels. All taxes are subject to change without notice. Airline taxes will be confirmed at the time your airline ticket is issued.
5.14 All travellers must have a valid passport for international travel and many countries require at least 6 months validity from date of return and some countries require a machine-readable passport. Retreats by Design will assume that all international travellers booked will have a valid New Zealand passport. If this not the case, you must let them know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility, except to the extent caused by fault on our part.
5.15 If you need information regarding visas, passports and other travel document requirements for your trip, please ask Retreats by Design. They can provide you with general information on visa and passport requirements that apply to international travel bookings you make with them. Retreats by design can also obtain more specific information from an external visa advisory service provider on your behalf and can assist you to obtain visas, fees will apply.
5.16 We do not warrant the accuracy of information provided by an external service provider and accept no liability for any loss or damage which you may suffer in reliance on it, except to the extent caused by fault on our part. We do not accept liability should you be refused entry into any country regardless of having a visa, except to the extent caused by fault on our part.
6. WAIVER OF RISK
6.1 By registering with us, you acknowledge and agree that you are voluntarily and with full knowledge participating in certain activities and experiences that are inherently dangerous due to their location or by their nature. You may be required to sign a consent and liability disclaimer depending on the retreat you have booked.
6.2 We recommend that you contact the Ministry of Foreign Affairs and Trade or visit their website at www.safetravel.govt.nz for general travel advice, as well as for specific advice, including safety alert levels, relating to the destination you wish to visit. We recommend you register on the Safe Travel website, so that you may be more easily contacted in an emergency. We also recommend that you check out www.health.govt.nz for further traveller updates and especially Covid-19 related advice.
6.3 It is your responsibility to ensure that you are aware of any health requirements for your travel destinations and to ensure that you carry all necessary vaccination or health declaration documentation. You are also responsible to provide accurate disclosure on any medical conditions, dietary requirements, allergie and other matters applicable to the retreat as requested at the time of booking.
7. RESTRICTIONS
7.1 You are required to comply with our rules and regulations. These can include signing out and signing in when you partake in activities off-site and agreeing to specific terms when using our equipment and/or undertaking certain activities and/or experiences.
7.2 Our sites are smoke and drug free environments. Smoking and/or the smoking or taking of illegal drugs is not permitted. This restriction extends to vaping or any other synthetic.
7.3 We expect you to act in a manner that is respectful of others at all times.
7.4 Travelling with Retreats by Design requires a degree of flexibility, good humour and an understanding that modes of transport, accommodation and itinerary may change. This can happen even after the tour has commenced, without prior notice due to circumstances beyond our control or when we deem it to be necessary such as a tour delay, cancellation or postponement due to weather conditions or other unpredictable circumstances such as natural disasters, political unrest or delay or arrival etc.
7.5 To make this trip as fun and stress-free as possible, you must comply with our directions and advice while undertaking the tour and for matters related to the tour. You must also comply with all laws and legal (including visa) requirements of Indonesia while participating in the tour.
7.6 You acknowledge that participation on the tour involves group interaction with other participants and Retreats by Design group leader/guide. You agree, at all times, to act decently and with respect to other participants and Retreats by Design staff. You must not cause or create any nuisance to other participants or the general public and must treat the environment with respect.
7.7 We may cancel your participation in a tour at any time, without any liability for any expenses incurred by you, if you breach any of these terms and conditions or if there are reasonable grounds for us to do so, that result in you tour being cancelled. We reserve the right to recover any costs that may be incurred in this process.
We reserve the right to cancel your participation in the tour if you take part in any illegal activities, or partake in deliberately negligent, violent, or dangers activities during the tour.
7.8 Retreats by Design have created and designed an itinerary to provide you with some free time to explore and experience your destination at your own pace, this may include, but not limited to, freedom to enjoy the Retreat location’s night life. In the interest of other Retreat guests, and staff, we ask you to be considerate with regard to any disruptive and/or disorderly behaviour.
7.9 If you suffer from any known medical conditions you must let us know before arrival at your destination. Please ensure that you carry with you, sufficient supplies of any medications you may require, even if you do not use them regularly. Also, if you wear glasses it is a good idea to have a second pair with you. Our packages and tour prices do not include travel insurance or medical insurance, so please make sure you are adequately covered. Retreats by Design is not liable for the sickness or injury of any tour participant. You warrant to us that you do not have any pre-existing medical condition or disability, which will impact on or prevent you from participating in or completing the tour. It is your responsibility to ensure that you are medically capable of completing the tour. You acknowledge that some tours may be carried out in areas with limited medical services. You hereby authorise Retreats by Design to take such action as is necessary (but without any obligation to do so) for the provision of medical services at your cost including, but not limited to, the arrangement of any medical evacuation service by air or road, the attendance of any nurse, doctor, paramedic or ambulance officer and any necessary hospital service. You must pay on time the costs of those services to the provider of those services. You are not entitled to any refund for any part of a tour that you missed due to sickness, illness or injury or due to other circumstances outside the control of Retreats by Design. You release Retreats by Design from any obligation to provide emergency medical care and any injuries or damages resulting from emergency medical treatment.
7.10 Your attendance and/or access of any property/locations associated with our services is at all times at our sole discretion.
7.11 We reserve the right to refuse entry and/or remove any person or people from the property and/or from any of our activities and/or experiences at our absolute discretion at any time for any reason whatsoever.
7.12 Any damage caused including damage to any property and/or any person and/or loss of income may at our absolute discretion be charged to you.
7.13 For the avoidance of doubt, the person who has made the booking with us shall be responsible for the behaviour of all persons under that booking, and for all damage and/or loss caused by persons under that booking.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that all intellectual property rights in all or any part of our website and/or services including our retreats and experiences including material produced during a retreat and/or experience is and shall remain our property.
9. PRIVACY
9.1 We take your privacy seriously. We have internal policies that prohibit the distribution of your information to third party organisations without your consent.
9.2 For us to create positive experiences for you, we hold the information you provide to us and distribute it internally to appropriate personnel and to our subsidiaries, affiliates, consultants, contractors, subcontractors, and suppliers before and during your retreat.
9.3 Our website may use cookies to distinguish you from other users of our website. This assists us to provide you with a good experience when you browse our website and allows us to improve our website and/or services.
9.4 Photos and/or video may be taken by us and/or other participants. These images may be used by us in promotional material unless you specifically notify us in writing that we are not authorised to use any material in which your image is recognisably depicted.
10. CONSENT
10.1 You consent to receiving any medical treatment that may be considered necessary in the event of any illness, accident, injury or any type of medical event. Any third-party costs associated with any treatment will be passed onto you for payment.
11. INDEMNITY
11.1 You fully indemnify, defend and hold harmless, us from and against any and all claims, prosecution, enforcement action, liability, damages, losses, penalties, costs and/or expenses (including legal fees on a solicitor/client basis) whatsoever (“liabilities”) arising out of or in connection with any medical treatment may be considered necessary in the event of any illness, accident, injury or any type of medical event.
11.2 You acknowledge and agree that in supplying our services we rely upon information supplied by you and/or your agents or employees. We shall not be liable for services undertaken by us based upon incorrect information or information that you omit and/or fail to disclose to us. You fully indemnify, defend and hold harmless, us from and against all liabilities that may arise from work undertaken by us based upon any such incorrect information or information that you omit and/or fail to disclose to us.
11.3 You fully indemnify, defend and hold harmless, us from and against any and all liabilities arising out of any breach of any of these terms or any other liabilities arising out of or in connection with our services.
11.4 You fully indemnify, defend and hold harmless, us from and against any and all liabilities that you may suffer or incur in connection with our services and any of our terms. Under no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages.
11.5 You expressly indemnify us in respect of any liabilities (howsoever described) arising from our touching upon in any manner howsoever. You agree to indemnify us and, in particular, not to name us as a party in any such dispute or proceeding of any nature howsoever.
12. LIMITATION OF LIABILITY
12.1 Where the supply of services is for business purposes, the provisions of the Customer Guarantees Act 1993 and its amendments shall not apply.
12.2 No warranty is given that our services are suitable for you or such services will meet your requirements and/or expectations.
12.3 All terms, conditions and warranties, whether express or implied, statute or otherwise other than those mandatory warranties in the Fair trading Act 1986 and Sale of Goods Act 1908 or other similar legislation are expressly excluded.
12.4 To the maximum extent permitted by law, any and all liability we may have to you (whether in contract, tort or otherwise) for any loss or any indirect, consequential or economic loss, injury or damage (howsoever caused) which you may directly or indirectly suffer in connection with our services is excluded.
12.5 To the extent that any liability we may have to you is incapable of exclusion, you acknowledge and agree that the maximum extent of our liability to you (or any party claiming by or through you), and that of our subsidiaries, affiliates, consultants, contractors, subcontractors, suppliers, owners, officers, directors, managers, members, agents and/or employees is limited, in aggregate, to a sum equal to the sum actually paid by you to us for of our services acquired by you in the thirty (30) days immediately preceding the event giving rise to our liability under this clause .
13. NO GUARANTEE
13.1 Every effort has been taken to ensure that the content of our website and/or our materials is accurate, however, we cannot guarantee such content is correct. We will do our best to rectify any errors identified, however, we cannot accept any responsibility or liability for any liabilities incurred.
13.2 Our service details may change from time to time and it is possible that errors may occur.
13.3 We reserve the right to make modifications and change our services and/or offers without notice.
14. ASSIGNMENT
14.1 We may at any time, and without the need for any consent from you, assign or transfer all or any of our rights and obligations to you to any person or entity. Any such assignee shall be treated as the company for all purposes. You may not assign or transfer any of your rights or obligations to us to any other person without obtaining our prior written consent.
15. Electronic Communications
15.1 You agree that these terms constitute an instrument in writing signed by you for the purposes of all applicable laws and regulations.
15.2 You agree that to the fullest extent permitted by applicable law, these terms and any agreements, notices or other communications (“communications”), may be provided to you at our election (in our absolute discretion) electronically, or in paper format, by prepaid post, and you agree to receive all communications from us in electronic form if we so elect.
15.3 Electronic communications will be delivered to your email address. You may print a copy of communications sent electronically and retain them for your records.
15.4 Any communications in either electronic or paper format will be considered to be in “writing” and to have been received no later than (3) business days after posting or dissemination, whether or not to have received or retrieved the communication.
15.5 For the purposes of these Terms and Conditions, any documentation completed by way of email exchange shall be deemed to be written acceptance of the contract terms as outlined in previous clauses referring to confirmation of contract.
16. Governing Law
16.1 These terms together with our policies and procedures (if any) are governed by and construed in accordance with New Zealand law. This means that a contract, and any dispute or claim arising out of or in connection with its or its subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law. You agree to the exclusive jurisdiction of the courts and tribunals of New Zealand.
17. Force Majeure
17.1 In these terms and conditions, a reference to force majeure means any of the following: COVID-19, an event caused by war, government action, strike, lockout, other industrial disturbance or labour difficulty, variation in customs duties, act of God, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lightning, storm, flood, fire, earthquake, explosion, embargo, pandemic, substitution of goods, shortage of supplies, increased shipping or other freight charges, premium on overseas funds, unavailability of or disruption to communication networks, infrastructure or services, unavoidable accident, lack of transportation, or anything done by or to a person, government or other competent authority, except the party relying on force majeure.
18. Entire Agreement
18.1 The parties to this contract agree that these Terms and Conditions take priority over any other arrangements entered into via the parties. Neither party can rely on earlier written documents, or anything said or done or on behalf of another party, before the terms and conditions have been completed.
19. Variation
19.1No variation of these terms or any of the Agreements will be of any force or effect unless it is in writing and signed by each party to this Agreement.