Formation of the Contract
You understand and agree that by submitting this booking form you are confirming that you have read, understood and have fully accepted these terms and conditions which, together with the booking form, form the basis of the contract between us and you (the “Contract”).
The Contract is formed on the issuance of a written confirmation from us notifying you of your place on the retreat. Such written confirmation will be sent by email following receipt by us of payment of the deposit requested.
You are responsible for having appropriate insurances in place for the duration of the retreat including for your own personal health and safety, medical, personal belongings and for travel disruption, cancellation and curtailment, and having such insurances in place is a condition of the Contract. We strongly advise that you have travel insurance in place from the time your booking is confirmed.
For the purposes of these terms and conditions, “you” means the person named on this booking form (who must be an adult over the age of 18) and “we” or “us” means Austen Advisory Limited.
Following submission of your booking form, the written confirmation and the signed terms and conditions, please make payment of the deposit to secure your place on the retreat. Payment should be made in either EUR or GBP and by bank transfer to the account details stated in the written confirmation. Please ensure you include a reference in the format stipulated in the written confirmation to enable us to identify your payment.
Payments are non-refundable save as otherwise stated herein.
Our services include the planning, administration, organisation and creation of the retreat. We will provide you with the following services during the retreat:
- Four nights accommodation in the selected (and confirmed) room choice;
- Catering comprised of four (4) breakfasts; four (4) lunches and four (2) dinners – you must inform us of any dietary requirements you have at least one month in advance;
- Workshops on four mornings;
- Morning and evening yoga sessions;
- Breathwork sessions;
- AURA assessment and 1:1 debrief session
- Optional afternoon activities;
- Use of facilities at the retreat location.
Please note that whilst we endeavour to provide all of the above services, we reserve the right to alter or amend the services and the final retreat programme. In certain circumstances, it may be necessary for us to alter the format, content, venue and/or timing of the retreat. Where such changes are made you shall be notified in advance.
The services do not include travel to and from the retreat location which shall be your sole responsibility.
You may choose to participate in additional services that we notify you in writing are available. Such additional services will be provided under separate terms and conditions and for an additional cost.
You are responsible for your own personal medical needs and requirements. It is your responsibility to inform us in writing of any past, present or potential health issues that may be relevant to your participation in any of the services or activities. Failure to disclose any such information may result in us terminating the Contract and withdrawing you from the retreat without a refund.
You hereby certify that you are physically and mentally fit to participate in the retreat and have not been advised to the contrary by a qualified medical person. You acknowledge that we are not qualified to evaluate your mental and physical fitness for involvement in any aspect of the retreat, which is your sole and exclusive responsibility. You hereby expressly and specifically assume the risk of injury or harm from your involvement in the retreat.
It is a condition of this Contract that you have in place at the time of booking (and maintain throughout the period until the end of the retreat) the necessary personal insurances as described herein.
You agree that you will treat the property where the retreat is run, the facilities and any equipment provided (“Property”) with due care and shall be solely responsible for any damage, loss and/or destruction of the same.
You shall treat our team and the other participants at the retreat with courtesy and respect at all times. You agree to honour and respect the confidential nature of the retreat including the privacy of the other participants and what they may share and disclose during the course of the retreat.
Refunds and Cancellations
Whilst we make every endeavour to ensure the services will be fulfilled, we reserve the right to cancel the retreat at any time including, without limitation, if we are unable to run the retreat due to Government guidelines (in either England or Portugal) and/or where we do not feel it would be safe to do. If we cancel the retreat, we will notify you in writing and will provide you with a full refund (excluding bank fees) or discuss transferring your booking to another available date within twelve (12) months from your existing booking.
If you wish to cancel your place on the retreat for any other reason you must notify us in writing. The booking is non-refundable under such circumstances. We may in our absolute discretion allow you to send a delegate and/or transfer your space to another person.
We reserve the right to cancel the Contract at any time if you fail to disclose relevant information which could affect your participation in the retreat in accordance with the section ‘Retreat Services’ above.
Intellectual Property and Photographic/Video Rights
All copyright, trade-marks, database rights and/or any other intellectual property rights as recognised in any jurisdiction (“Intellectual Property Rights”) in relation to any materials, content and information shared with you in relation to this Contract and the retreat (“Content”) shall reside with us.
You may use the Content for your participation in the retreat for your personal use only. You shall not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit or tamper with any of the Content.
You will not infringe any Intellectual Property Rights or other rights in or relating to the retreat, the Content or this Contract including the content of any third party. You shall not record, film or take photographs during the retreat unless expressly permitted by us.
You hereby consent to us taking photographs, audio recordings and videos during the retreat. You hereby grant and convey to us all rights, title and interests in any and all photographic images, video or audio recordings made by us during the retreat, including but not limited to royalties, proceeds, or other benefits derived. You authorise us to use such images, videos, words, audio and similar for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
Disclaimers and Limitations on Liability
Nothing in this Contract shall exclude or limit our liability for fraud, or death or personal injury resulting from our negligence and the following provisions are subject to this.
In consideration for the services provided to you under this Contract, you agree, to the maximum extent permitted under applicable law, that we (including our agents, representatives, contractors, sub-contractors and/or consultants) (“Us”, “We”, “Our”) will not be liable to you for:
(a) any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if We have been advised of their possible existence, arising in connection with this Contract; nor
(b) any direct damage, loss or expenses arising from loss of customers, loss of profits or earnings, loss of anticipated profits or loss of savings, arising in connection with this Contract.
To the maximum extent permitted under applicable law, you agree to release and discharge us as follows:
You release and discharge Us from any and all liability, losses, claims, causes in action, costs, expenses or similar which arise or may hereafter arise or are in any way connected to your participation in and attendance at the retreat.
You understand and agree that, to the extent permitted under applicable law, this Contract discharges Us from any liability, cause in action and/or claim that you may have against Us with respect to any bodily injury, personal injury, illness, death, or property damage that may result from your involvement in and attendance at the retreat, whether caused by Our negligence or otherwise. You understand and acknowledge that the activities you choose to engage in during the retreat are done so on a voluntary basis and undertaken at your own risk. We cannot eliminate, alter, or control any inherent risks involved in participation in such activities.
You hereby agree to indemnify and hold Us harmless from any liability, losses, costs, expenses, claims, causes in action or similar, which are in any way caused by and/or connected to your involvement in the retreat, use of the Property, and/or your breach of any of the terms of this Contract, and notwithstanding any alleged negligent acts or omissions by Us. For the avoidance of doubt, you are fully responsible for all and any damage, loss and/or destruction to Property and/or to your own or others’ personal belongings, caused or contributed to by your acts or omissions and you shall indemnify and hold Us harmless from any loss, charge, costs, liability, claim or similar brought against us in relation to the same.
Without prejudice to the ‘Severability’ provision below, to the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under this Contract including, for the avoidance of doubt, under the Unfair Contract Terms Act 1977 relating to the requirement of reasonableness, the exclusions set out herein shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage, cost or expense arising out of your participation in and attendance at the retreat, you agree that Our liability to you shall be limited to the total amount paid by you to Us for the retreat.
Failure by any party to exercise any right or remedy under this Contract does not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. Any waiver must be made in writing to take effect.
This Contract constitutes the entire agreement between you and us with respect to your participation in the retreat and the services provided by us and shall supersede all prior agreements, negotiations and discussions between you and us relating to the same.
Law and jurisdiction
This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
We shall not be deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform any service or our obligations in relation to this Contract, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).
Assignment and Sub-Contracting
You may not assign, sub-license or otherwise transfer any of your rights under this Contract without our prior written consent. We may assign, sub-contract or transfer any and all of our rights and obligations under this Contract to any person without your prior written consent.
If any provision of this Contract is found to be wholly or partially invalid, void or unenforceable by any court having competent jurisdiction or by virtue of any legislation or any other reason, that provision shall be invalid, void or unenforceable to that extent only and no further and the validity and enforceability of the remaining provisions of this Contract shall not be affected.
Any notice which is required to be given pursuant to this Contract shall be made by email. Any such notice shall be deemed to have arrived at the time of transmission of the email.
Third Party Rights
No term of this Contract is intended to be enforceable by any person other than you or us (or our permitted assignees).