TRAVEL SERVICE - TERMS AND CONDITIONS

 

BETWEEN:                 

AGATA EXPERIENCE, a company organized and existing under the laws of Switzerland, with its office located at Rue Grise-Pierre 7, 2000 Neuchatel, Switzerland, and represented by Ms. Marta Koncz (Hereafter referred to as “we” or “us”)

 

AND:                           

PARTICIPANT who registered for the program (Hereafter referred to “you” or “your”).

 

1. Retreat Program

This Agreement sets out the terms and conditions of your participation in the Travel Program (hereafter referred to as “Event”) offered and organized by Agata Experience (us), taking place on DATE in COUNTRY, REGION consists of ACTIVITIES and includes PROGRAMS.

 

2. Payment

(a) The price for the Event is Swiss Francs (CHF)

(b) The full payment amount is due at the time of purchase. Only after the full payment the booking and the participation can be guaranteed.

 

3. Your Travel Arrangements

(a) All travel arrangements to and from the Event location are your sole responsibility and at your own sole cost. We are not liable for any consequences arising from delays or cancellations from any of the companies you may have made arrangements with, or for any irregularities in your documentation required for travel.

(b) Transfers to/from … are at your own cost, unless otherwise specified on the Event PAGE.

4. Travel Insurance

(a) Travel insurance is mandatory. It is advisable that you ensure that your travel insurance covers the activities of this Event as well as unexpected cancellation, sickness, losses and other customary travel risks. You should bring the policy with you in case of an emergency.

(b) We shall be held harmless, and we will not cover costs and expenses that may incur as a consequence of such incidents to you during the Event.

 

5. Your Health

(a) It is your responsibility to let us know if you have any injuries, and to be mindful at all times of your own body’s capability during the Event. If you experience any injury or discomfort during any activity during the Event, desist and inform us immediately.

(b) It is also your responsibility to consult a doctor to check that you are sufficiently fit and healthy to undertake the experiences and other physical activities that you may choose to do whilst on the Event.

(c) Please advise us of any mental or physical health conditions and dietary requirements before you book. If you have health conditions and dietary requirements that may be affected by the activities offered or undertaken during our Event, we reserve the right to advise you to refrain from participating in such activities in the interests of your wellbeing, or others. We also reserve the right to decline your stay at the Event.

(d) Whilst all measures are taken to ensure a high standard of health and safety, sometimes we may be situated in places where the land is uneven or … and we shall not be responsible for any injuries caused by uneven terrain or other hazardous conditions at or around the Event location or in the nature, …

(e) Women who are pregnant should provide a letter from their health practitioner specifying that they are fit to travel and able to engage in the activities that we provide.

(f) It is your responsibility to check with your doctor or health care provider to determine whether you need/want any vaccines or medication to travel to the various locations our Event is being hosted. We are not liable for any illnesses you may suffer while you are at the Event.

 

6. Cancellation by you

(a) You (or any member of your party/group) may cancel your booking at any time, however no refunds will be provided, unless you submit the cancellation within 5 days after the purchase (cooling off period) in writing - via email address provided. However, 5% of the Participation price will be deducted for our administrative fees.

If you wish to cancel after 5 days of registration, the refunds will be provided is the following:

Cancellation 14 days or less before the event: no refund.

Cancellation between 14 and 30 days before the event: 50% of the participation price will be refunded.

Cancellation 30 day or more before the event: 80 % of the participation price will be refunded.

Please note, that if you register 14 days or less than the event start, the above does not apply and there will be no refund in case of cancellation.

(b) If we find another person to take your place, then we may offer you a refund at our discretion.

(c) Bookings are for the stated period of the Event. There are no refunds for an unused portion of the Event (no show). If the reason for cancellation is covered under the terms of your insurance policy, you may be able to make a claim with your insurance provider.

7. Amendments by us

(a) We reserve the right to make changes to the Event program (including, without limitation, to the event schedule, location, and excursions); however, we will aim to reschedule with something of a similar or better rating.

 

8. Cancellation by us

(a) We reserve the right in any circumstances to cancel an Event. In particular, our Events require a minimum number of the participants to have booked before a certain period of the events start date. If this minimum number is not reached by that date, we may cancel the Event. In such event, we will issue a full refund to you.

(b) If we must cancel an Event due to circumstances such as weather, natural disaster, strike, pandemic or epidemics, or political upheaval we cannot guarantee a refund. It will depend on receiving a refund from the venue we work with. We reserve the right to, in our sole discretion, either refund you in full or offer you a credit - in the same amount - for the next Event.

 

9. Liability Waiver & Risk Acknowledgement

(a) You understand that participation in the Event could involve risk of physical injury, illness, death or property loss, and despite safety precautions, we cannot guarantee your safety, as all risks cannot be prevented.

(b) We do not provide health and/or accident insurance for the participants, and you understand that any medical expenses, property loss, or other personal expenditures that result during or from this Event are to be borne solely by you - or your insurance provider. You hereby consent, authorize and release us (and our representatives) from the liability to secure any emergency medical treatment if you are unable to, and you agree to be responsible for the cost thereof.

(c) You further understand that if you drive your own vehicle, motorbike, bicycle, or other form of transportation, or are a passenger in a vehicle in connection with this Event, we cannot be responsible for assuring the safety and reliability of such transportation and/or driver, nor for any activities and/or travel outside of the Event venue that you might choose to engage in. You hereby accept the risks and responsibilities associated with the foregoing activities.

(d) We do not accept any liability for cancellations by third parties (e.g. airlines), or for unexpected unforeseen circumstances (force majeure) such as acts of God, delays or changes caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, pandemics and epidemics, technical problems to transport, staff cancellations, unforeseen changes in your personal circumstances or other events beyond our control.

(e) We are not liable for any injuries or illnesses you may incur during the Event. All the activities and treatments are undertaken at your own risk and responsibility. We are not liable for any medical conditions, which may develop prior to, during or after the Event.

(f) It is your responsibility to ensure that your possessions are kept safe at all times. We are not liable for loss of, damage to, or theft of any of your personal property during your time with us.

 

10. Group Bookings

Where a booking is made on behalf of several individuals (a group) the booking is conditional on the person(s) paying for the group or having authorization from all the individuals named on the booking form to enter into this contract. The terms of this contract will apply to each member of the group as though they had paid for their own Event individually and directly to us.

 

11. Complaints

If you have a problem during the Event, please inform us immediately in private and we will endeavor to put things right. Please note that we cannot be responsible for the individual behavior of any participant, group member or other guest sharing accommodation or venue with you during the Event.

 

12. Privacy Policy

We will not share your details with any third parties without your clear prior permission. Any personal information that you provide to us will be treated confidential and will be used only for the services you requested.

 

13. Photography & Videography

(a) For good and valuable consideration, the receipt of which is hereby acknowledged, you herewith irrevocably authorize us to use photographs of you and/or your property and authorize us and our assignees, licensees, legal representatives and transferees to use and publish (with or without your name) photographs, pictures, portraits or images in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on internet websites), for any product or services, or other lawful uses as may be determined by the photographer or studio.

(b) You further waive any and all rights to review or approve any uses of the images, any written copy or finished product.

(c) You may receive free images and videos from … for your personal use and as memories of the Event.

(d) You are of full legal age and have read and fully understand the terms of this release.

 

14. Flights & Transport

If we, at our sole discretion, choose to organize free transport to/from the airport, it is your responsibility to provide us with your full flight details at least NUMBER weeks/month in advance, otherwise you may have to organize your own transport.

 

15. Dispute Resolution

(a) The substantial laws of Switzerland shall govern this Agreement.

(b) Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall, to the fullest extent permitted by law will be resolved by a sole arbitrator, pursuant to the Swiss Arbitration Rules in force on the date the dispute is submitted for arbitration.

(c) The jurisdiction is Neuchatel, Switzerland. And the arbitration language is English.

 

16. Termination

(a) We reserve the right to terminate the participation of any person who, during the Event, (i) violates any terms of this Agreement; (ii) engages in any unlawful activities; (iii) refuses to cooperate with the reasonable instructions of the Event organizers or our representatives, or (iv) otherwise behaves in a manner, which we in our sole discretion believe may jeopardize the safety and/or health of other participants, or compromise our reputation and relationship with our in-country partners.