Retreat Terms & Conditions
Version dated: 22 October 2018
These terms and conditions apply to the individual named as the “client” on the Booking Confirmation and Omega Movement Limited registered in England & Wales with company number 0950045 (“We/ Omega Movement/ our”).
Contract formed. Your payment to Omega Movement for the deposit to attend the Retreat is your act to show you agree to these Terms and Conditions. When Omega Movement send your Booking Confirmation email with Retreat Information Document attached after receipt of the deposit a contract is formed between us, and we are both bound by these terms.
We ask you to respect Omega Movement’s Values. If your teacher or Omega Movement is concerned that you are not abiding by these Values you may be asked to leave a session or the entire Retreat without refund of Retreat Price or any of your costs or losses incurred, directly or indirectly. If you do not consider that your teacher(s) is upholding Omega Movement’s Values, please contact Omega Movement as soon as possible to discuss at firstname.lastname@example.org.
2) Your Physical Activity Readiness.
a) Health Form. You must complete questions regarding your health to attend the Retreat at least one month prior to the Retreat. You must update Omega Movement of any changes to your health between the date of your health form submission and the Retreat start date.
b) Yes box. If you tick 'yes' to any of these health questions you must provide Omega Movement with a medical certificate to attend the Retreat. If you have any medical conditions not suitable for exercise then you may be refused to take part in the session(s) without a medical certificate presented at least 2 weeks prior to the Retreat start date. You must still pay the full Retreat Price regardless of number of sessions attended at the Retreat.
a) Retreat Price. You shall pay Omega Movement the full Retreat Price to attend the Retreat and receive the Retreat Package as follows:
i) Deposit: A non-refundable deposit of fifty percent (50%) of the full Retreat Price unless otherwise stated by Omega Movement in your Booking Confirmation email.
ii) Remainder: The remainder of the Retreat Price is due at least 60 days prior to the Retreat start date.
b) Payment plans are available and may incur a raise in Retreat Price to permit payment processor fees on each transaction. You can request this when paying your Deposit and it will be set out in your Booking Confirmation email by Nid or Molly. This forms part of the Retreat contract.
c) Taxes. Retreat Prices do not include tax unless otherwise specified. You are liable to pay this in addition to the Retreat Price. You may be required to pay entry and / or exit taxes to the country for the Retreat and additional taxes to the Retreat venue.
a) Named Person. Your bed and accommodation booked are reserved exclusively in your name as shown in the Confirmation Email, including those substituted or added by agreed amendment of the booking. No other person may use the accommodation without the written permission of Omega Movement or its authorised representatives. Assignment, subletting and sharing are prohibited and in many circumstances are illegal. You may only change your booking pursuant to clause 10(c).
b) Shared Use. The Retreat venue may be shared with other guests not participating on the Retreat. You agree to be respectful of others using the venue and its facilities. There may be residents on site at the Retreat venue and pets.
c) Animals. Often retreat venues have animals on site as part of the healing environment, or take place in or near nature to encourage the healing process. Please make us aware of any allergies or issues with specific animals so that we can notify the venue and review your needs. We are not liable for any allergies or issues that arise as a result of your interaction with any animals at the Retreat venue. If you have medicine for such allergies, you must bring it with you and notify the Retreat teachers and venue of your requirements. Please take care not to irritate animals that may cause harm to yourself or others.
d) Misrepresentation of Venue. We take very seriously our compliance with the Trade Descriptions Act 1968, Misrepresentation Act 1967, Consumer Protection and Unfair Trading Regulations 2008, Consumer Rights Act 2015 or Package Travel and Linked Travel Arrangements 2018 in our communications about our retreats. Please read carefully the Retreat Information Document for details about the accommodation, animals, use and food at the Retreat venue. If you feel that the Retreat venue accommodation or food does not meet the stated standards set out in our communications please speak with the Retreat leader during the Retreat to see if there is any way that they can assist you during the Retreat. If the issue is not resolved during the Retreat, please contact us at email@example.com Any claim pursuant to this clause shall be limited to £5,000.
5) Flights & Transport.
a) Flights. Flights are not included in your Retreat Package. You are fully responsible for all bookings, transport to and from your flights (unless transfer to the retreat are agreed) and their associated costs. It is solely your responsibility to confirm any additional protections for flights and transport. We strongly advise that you purchase transferrable, cancellable and changeable flights for the Retreat.
b) Group Transfers. Transfers may be included in your Retreat Package, this will be confirmed in your confirmation email when booking and in the Retreat Information Document. Group transfers are included at our sole discretion from one specified airport to the Retreat venue, but this is only where and as stated in the specific Retreat Information Document. Group transfers require you to arrive and depart at times with the remainder of the group. You are responsible and solely liable for any additional incurred costs to meet at these times. In the event that you fail to meet the group transfer there shall be no refund or discount of the Retreat Price for not joining the group transfer where provided. You shall be responsible and liable to find alternative transport to and /or from the Retreat venue.
c) Transport Hire. Should you wish to hire third party transport during the Retreat this is solely your responsibility and cost. Normally, a full and valid international driving licence is adequate for car hire in our holiday destinations should you wish to hire a car with a third party. You are solely responsible and liable for such a hire, any persons that you carry in such transportation and shall have adequate insurance for such a hire.
6) Passports, Visas & Health Requirements.
a) Passport & Visa. A valid passport is essential when travelling abroad. A full passport is required to the Retreat destination. You should check with the consulate of the country being visited for details of regulations before booking, including expiry date of passport to travel into the country. Visas may be required to attend Omega Movement retreat destinations and we try to provide information on visa entry in our relevant Retreat Information Pack. You are fully responsible and liable to check your nationality and passport for travel to the Retreat. We provide no assistance or refunds in the event that you are unable to attend the Retreat due to refusal to enter the country of the Retreat.
b) Vaccinations. YOU MUST CHECK ANY compulsory vaccinations required for visiting the Retreat destination. You should always check with their doctor as to which vaccinations are advisable or necessary before travel. Failure to obtain such vaccinations and admission to the country will be your sole liability and no refund will be issued by us for such failure.
c) Health Requirements. If you have a health problem and feel that your condition may be aggravated, or their health suffer as a result of travelling, please consult your doctor first and if necessary obtain a medical certificate to confirm they are fit to travel, in order to satisfy airlines or insurance companies if required to do so. If you are pregnant, please seek the advice of their doctor and obtain a medical certificate where required for travel.
d) Your health & activities: Omega Movement considers the health and safety of our clients to be of paramount importance. In order to assist us in assessing the fitness for you to participate in the Retreat activities as part of the Retreat Package, it is a condition of booking that you advise us of any pre-existing medical or other condition, or other circumstances (such as taking medication) that may affect our decision to accept the booking on grounds of safety. We ask all clients to advise us at the time of booking and on arrival overseas (in case of subsequent events after booking) of such factors. The existence of such conditions does not mean we will not accept a booking (although we reserve the right in our absolute discretion to refuse a booking where we consider your safety would be jeopardised) but gives us the opportunity to consider additional safety precautions in relevant cases. Failure to advise us of such may result in our refusal to allow participation in the Retreat activities once in Retreat and under such circumstances no refund of monies will be applicable. You are responsible for the provision of necessary valid documents for their own travel abroad and own health requirements. We strongly recommend that you obtain travel insurance for your holiday.
7) Your Behaviour on Retreat.
a) Local etiquette. When travelling abroad you should be aware that you are visiting another country whose customs and laws may differ from ours. Equally please be aware of your responsibility to others, whether holidaymakers or locals, and accordingly behave in a reasonable manner.
b) Removal from Retreat. Omega Movement reserves the right in our absolute discretion to decline to accept or retain you or terminate without further notice to the Retreat arrangements if your behaviour is such that is likely, in our opinion, or that of the accommodation owner or manager, or other person in authority, to cause distress, damage, danger or annoyance to other customers, employees, any third party or property. Under such circumstances if you are prevented from travelling, or their holiday curtailed, Omega Movement’s responsibility for the Retreat ceases. Full cancellation charges will apply and Omega Movement will be under no obligation whatsoever for any refund, compensation or costs such persons may incur. Any damages to accommodation caused by your negligence and any stay beyond the stated time or by additional persons whose permission has not been granted by Omega Movement or the venue, will be charged to you. Failure to pay any such charges may result in legal action against you.
8) Photos and Videos.
As part of sharing our work and encouraging others to attend our retreats we take photographs and videos of our retreats. Your attendance is acceptance that you will be photographed and filmed by us for our commercial, promotional, marketing and advertising uses throughout the world. We offer you a chance to review photographs and videos of you to notify us of any images that you do not wish us to use. We shall remove any images requested by you from our library.
9) Privacy and Data Protection.
a) Data sharing. Your data will be shared with our third party providers in a secure manner in compliance with all English & European laws to fulfil the service of the Retreat. We will not share this data with third parties for any marketing purposes. The venue may provide their own forms for you to complete independently of Omega Movement. Please complete this to ensure that you can be properly served for an enjoyable holiday.
c) We will automatically add you to a Retreat only mailing list for information about the Retreat in planning, notices and updates to changes of terms and conditions for your Retreat, and follow up information post the Retreat. You can unsubscribe in the email or let us know at firstname.lastname@example.org
10) Cancellations & Changes by You.
a) You cancel. We get that things happen and that you may need to cancel your Retreat. Unfortunately, we cannot provide a refund for cancellations for any reason whatsoever. It is our sole discretion to offer you to change to another Omega Movement retreat or substitute your place in accordance with these terms and conditions. To substitute or change your Retreat you must follow the change request procedure in 10(c) of these terms and conditions.
b) Substitutions. If we permit a substitution of you to attend the Retreat following notice in 10(c) we reserve the right to charge an amendment fee of £25 for any such change. Where substitution of persons on a booking is accepted, with or without amendment fee, insurance cover is not transferable and the substitute persons must take insurance cover for themselves. You are liable for any change of flight or other associated costs incurred for attendance to the Retreat. You remain fully liable for the remainder of any Retreat Price due to Omega Movement in the event that the substitution does not pay for the remainder of any Retreat Price due.
c) Change request. You must advise us in writing via email to email@example.com for any cancellations or substitution as soon as you become aware of the circumstances. You must set out the details of the circumstances for such change request, the substitute person’s full details and health form completed. It is our sole discretion whether to agree to your change request. You are responsible for the payment of the amendment fee of £25 if we approve your request.
d) Changes during Retreat. You can attend all or none of the Retreat activities at your will. However, NO discounts NOR refunds will be given for non-participation in such activities, whether due to illness, injury or any other reason. You may be able to claim for loss of participation from your holiday insurance if the reason falls within the terms of your insurance. This does not mean that you must participate in each activity, but there is no reduction in the Retreat Price should you not attend. Also note changes of accommodation may incur cancellation charges against the original accommodation as well as additional charges for the new accommodation. You shall be liable for any additional charges due to a change of your accommodation at the Retreat and we shall do our best to advise of additional charges due by the venue.
11) Cancellations or Changes by Omega Movement.
a) It is a condition of this contract that you must have your own travel insurance that cover your trip to join the Retreat. We reserve the right to cancel your Retreat booking at any time without any refunds or compensation for your losses should you fail to provide evidence of such insurance upon our request.
b) Omega Movement reserves the right in our absolute discretion to cancel any retreat at any time, possible reasons include but are not limited to:
i) Minimum number cancellation: If we do not sell a reasonable number of places on the Retreat it may be too significant a financial loss for us to provide the Retreat. In such an unlikely event, we may elect to cancel the Retreat. We shall notify you of such cancellation via email, and you agree that your sole and exclusive rights in such an event are set out in clause 11(c).
ii) Venue cancellation: Omega Movement hires third party venues for our Retreats and are not in control of these venues. In the event that the Retreat venue cancels Omega Movement’s booking we reserve the right to cancel the Retreat or provide an alternative venue, or dates for the Retreat. We shall notify in the event of such changes via email, and you agree that your sole and exclusive rights in such an event are set out in clause 11(c).
iii) Retreat leader(s) inability to attend: In the unlikely event that the Retreat teacher(s) is unable to attend the Retreat due to personal circumstances or ill health, we shall use our best endeavours to substitute with an alternative teacher. We shall notify you in such an event via email. You agree that shall have no right to cancel, amend or claim for any refund, claim under Trade Descriptions Act 1968, Misrepresentation Act 1967, Consumer Protection and Unfair Trading Regulations 2008, Consumer Rights Act 2015 or Package Travel and Linked travel Arrangements 2018 or other such similar legislation as updated from time to time, or claim for damage or loss in the event of such a teacher change.
c) Your Rights when we cancel. In the event that Omega Movement cancels the Retreat for whatsoever reason and at Omega Movement’s sole discretion, you will be offered an alternative retreat provided by Omega Movement to take within the next two (2) years, if available, or a prompt and full refund of all Retreat Price monies paid to Omega Movement prior to the date of Omega Movement’s cancellation email to you. Omega Movement shall not be liable for any and all direct or indirect losses or costs (including without limitation flights, additional accommodation and travel to the Retreat) incurred due to this cancellation. It is your responsibility to ensure that you have travel insurance to cover such a cancellation, and/ or transferable or cancellable bookings.
d) Force majeure cancellation. Omega Movement shall not be liable for any and all loss, damage or expense and shall not be required to provide any assistance, financial or otherwise, or provide any part or full refund, in the event of change or cancellation of the Retreat caused by force majeure circumstances including (without limitation) war or threat of war, riots, terrorist activity, civil strife or unrest, strikes or other industrial action, natural disasters, fire, technical problems with transportation, airport closures, quarantine, epidemics, adverse weather conditions, government action or other events beyond the control of Omega Movement.
a) Local Services. Omega Movement cannot accept liability for losses and inconvenience arising out of disruption to local services such as electricity and water supplies caused by actions or circumstances beyond its control. Many retreat venues are in remote locations with limited services and may have an ‘eco resort’ status which means that there may be limited or no WiFi, water, heating, electricity and air conditioning. You acknowledge and agree to this in your payment of the Retreat Price.
b) ‘Other Activities’: Omega Movement cannot accept liability for damages or losses or inconvenience sustained by you, including personal injury, death or to property, arising from your own activities not included in the Retreat Package. Where the Retreat Information Document states “optional extras” or “other activities” these are not part of the Retreat Package sold to you.This includes but it not limited to walks or hikes independently taken by you, use of the retreat venue’s additional activities or third party providers that you contract with separately during the Retreat. Such excluded activities include but are not limited to: windsurfing, surfing, stand up paddle boarding, sailing, snorkelling, horse-riding, hiking, cycling, driving, cooking and kitesurfing. Your claim for any such damage, injury and / or loss shall be direct to your travel insurance or the retreat venue or third party.
c) Release of Liability. You hereby agree to fully release Omega Movement Limited and its teachers of any and all liability arising directly or indirectly from any and all activities not ‘included’ in the Retreat Package, as set out in clauses 12(a) and disruption of local services under clause 12(b) herein. You acknowledge that your claim for any such damage, injury and / or loss shall be direct to the retreat venue or third party, or through your travel insurance.
a) Your Travel Insurance. As a condition of booking you MUST take out a suitable holiday insurance – in particular providing cover for injury to you and third party liability in respect of injury to others, whilst participating in the various sports and activities we offer for the Retreat. It is recommended that holiday insurance is taken out at the time of booking to provide cancellation cover of the Retreat.
b) Claims against Omega Movement. Any potential claim made against Omega Movement for any injury or loss arising from or out of the Retreat and Retreat Package shall be made to your insurer in the first instance. Your insurer will contact Omega Movement and our insurer on your behalf to handle your potential claim.
c) Omega Movement Insurance. Omega Movement Limited is insured as a travel agent by Balens Ltd and any claims will be submitted to Balens for their evaluation.
a) In the unlikely event that you wish to complain about any aspect of the service provided by Omega Movement or the retreat venue, or problems arise whilst on holiday, you should contact Nid or Molly, as soon as possible, in order to try and resolve the matter on the spot.
b) Any complaint that arises pursuant to a claimed breach of clause 4(d) above may be referred to our insurer to handle the matter.
a) “Booking Confirmation” means the email sent by Omega Movement to you that sets out the booking you have paid a deposit to attend for a specific retreat with us as set in the email. The email will contain the details of the Retreat, Retreat Price, Retreat Package and attach the Retreat Information Document with links to these terms and conditions.
b) “Retreat” means the specific holiday package advertised and sold by Omega Movement set out in the Booking Confirmation and sold via the domain and subdomains www.omegamovement.org
c) “Retreat Price” means the amount of money set out in the Retreat Information Document or amended in the Booking Confirmation email to you for your place to attend the Retreat and receive the Retreat Package.
d) “Retreat Package” means the holiday package as set out by Omega Movement in the Retreat Information Document for the Retreat that you have booked onto.
e) “Retreat Information Document” means the written document that specifies the details of the holiday package Omega Movement has sold as a Retreat. Please be aware that this document is downloadable from the Retreat webpage on the subdomain of www.omegamovement.org and emailed in your Booking Confirmation.
16) General Terms and Conditions.
a) Severability. If any provision of this Agreement is found to be invalid, void, illegal or unenforceable in whole or in part, that provision shall be deemed to not form part of the agreement and the other provisions of the Agreement shall not be affected.
b) Notices. Any notices and approvals to be served under this Agreement shall be served by email. Such notices shall be deemed served within twenty-four (24) hours the email is sent.
c) Signature. Payment of the deposit and email of Booking Confirmation are execution of this contract and signatures are not required.
d) Amendments. Omega Movement may update these terms and conditions for time to time. We shall provide you with written notice of any terms updated where they affect a current Retreat booking that you have with us. You shall have 7 days to notify us of any disagreement with our amendments.
e) Third Party Rights. You may not assign, sub-contract, sub-license or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other party, not to be unreasonably withheld or delayed.
f) This Agreement is not intended to nor shall it create any rights, entitlements, claims or benefits enforceable by any person that is not a party hereto. Accordingly, no person shall derive any benefit or have any right entitlement or claim in relation to this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
g) Waiver. No waiver or breach of any term hereof shall be deemed a waiver of any preceding or succeeding breach of the same or any other term.
h) Applicable Law and Jurisdiction. These terms and conditions are governed by English law, and you and Omega Movement agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute.
We will automatically add you to a retreat only mailing list for information about the Retreat services, information for your trip and follow up information. You can unsubscribe in the email or let us know at firstname.lastname@example.org
Version dated: 22 October 2018