Terms & Conditions

  1. In these Terms and Conditions the following definitions apply

(I) “Company” means DMB Solutions BV, Victor Van Espenlaan 3, 3080 Tervuren (Belgium), with Company Number: 0597.924.430.

(II) “Client” means any natural or or duly registered legal person that makes a booking for a Retreat. Hereinafter referred to as “you” or “Client”.

(III) “Terms and Conditions” means these terms and conditions. Hereinafter referred to as “Terms”.

(IV) “the Retreat” means the retreat that you have booked on to subject to these terms and conditions

  1. References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
  1. Before booking a Retreat, you should read carefully these Terms and Conditions.  By making a booking you acknowledgehaving carefully read and understood these Terms in their entirety and agrees, without limitation or qualification, to be bound by these Terms.  Therefore booking a Retreat is solely possible under the condition that you have expressly accepted these Terms. 

In order to comply with regulatory or governmental provisions and/or to safeguard continuity of the services and/or the affairs of the Company, it reserves the right to modify the Terms in its reasonable discretion from time to time.  Such modifications shall be deemed to be accepted by the Client in accordance with article 37 of these Terms. 

 

INCLUDED IN THE RETREAT

  1. Included within the advertised price of the Retreat is generally the following:

4.1. Accommodation and food and drink (unless otherwise stated otherwise on the schedule advertised on the website at www.ellunaescapes.com) (“the Website”);

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NOT INCLUDED IN THE RETREAT​

  1. Items not included in the Retreat include the following:

5.1. Your flights to and from the Retreat destination and travel from the airport to the Venue;

5.2. Any other costs incurred prior to meeting for the Retreat at the airport and any other costs after the return to the airport on the Retreat end date;

5.3. Any insurance, including travel insurance;

5.4. Passport or visa costs;

5.5. Any food and drink over and above what is included within the Retreat; or

5.6. Anything other than what is included within the Retreat (as advertised on the Website).

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BOOKING, PAYMENT AND CANCELLATION POLICY

  1. The Client’s space on the Retreat is confirmed only upon confirmation of receipt of the Clients’ payment of the deposit (as advertised from time to time on the Website) (“the Deposit”). Upon that confirmation the Terms apply to the contract between the Company and the Client which incepts on that booking confirmation. If we are unable to accept your booking, the Company will return any payment due to the Client as soon as is reasonably practicable. Services are subject to the availability at the time of booking confirmation.
  1. If a booking is made on behalf of the Client and other clients, the Company reasonably assumes that the Client making the booking has the authority to bind the other clients, and will be treated as being jointly and severally liable for those other Clients.
  1. The cost of the Retreat is as advertised from time to time on the Website (“the Booking Cost”), depending on which accommodation choice is selected.
  1. The Booking Cost is payable in full (unless otherwise expressly agreed with the Company) 8 weeks prior to the date of the advertised commencement date of the Retreat.
  1. For bookings made within 8 weeks of the Retreat the Booking Cost must be paid in full to confirm the booking (unless otherwise expressly agreed with the Company in writing).
  1. The Deposit is wholly non-refundable upon a cancellation by the Client (see our full cancellation terms below).

Bookings can be made for:

  • Sharing room/suite = booking for 1 person in a twin (or double) room. You will be placed with another retreater.
  • Single room/suite = booking for 1 person in a private single room.
  • Double room/suite = booking for 2 persons in a double/twin room. You and your partner/friend/family member will be sharing a room together.

In case you book a sharing room package for 1 person:

  • It is advised you book a sharing room package for 1 person with a friend, family member or partner that you will share with is also booking the same package.
  • If you are travelling solo and have no other person you know of to share with, the Company will try to fill the other sharing spot in your room. The Company will place you with anyone who has booked the same package option.
  • In case the Company is not able to sell the other sharing room spot in your room by the time of the balance payment is due, you will be obliged to upgrade to a single room.

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PAYMENT

  1. Payment of the Deposit and/or the Booking Cost should be made by bank transfer to the following account:

DMB Solutions BV
IBAN: BE07 0017 4722 8866
BIC: GEBABEBB 

  1. All Payments should reference the surname of the Client and the start date of the Retreat (e.g, ’11/09′), so that it can be allocated correctly.
  1. Payment can also be made, if applicable, by credit card, albeit the Company reserves the right to charge the Client an additional card payment fee for this, equivalent to the charge made by the company who provide the credit or debit card being used.
  1. If the Booking Cost is not received within the date 8 weeks prior to the start of the Retreat, the Company reserves the right to cancel the booking and to retain the Deposit (and any other sums paid by the Client to date).
  1. In the unusual event that the Company has to cancel the Retreat for reasons within its reasonable control, a full refund of the Booking Cost including the Deposit to the extent it has been paid by the Client to date will be made by the Company. If the Retreat is cancelled for a reason that is outside of the Company’s reasonable control, the Company will offer the Client an alternative retreat on an alternative date.
  1. If the Client cancels a booking, including in circumstances where the Retreat has been rescheduled in accordance with clause 16 (above),  the following conditions apply:

17.1. The Deposit is forfeited by the Client in respects of any cancellation in all circumstances;

17.2. If the Client cancels the booking prior to the date 8 weeks prior to the Retreat start date, then the Company will refund any amount paid by the Client over and above the level of the Deposit, which is non-refundable (as above);

17.3. If the Client Cancels the booking after the date 8 weeks prior to the start of the Retreat, then the full Booking Cost shall immediately become due and payable, irrespective of whether any balance payment has already been made.

The Company shall be entitled to retain all amounts already paid and to recover any outstanding balance in full. No refunds, credits, or vouchers shall be issued under any circumstances, unless expressly agreed otherwise by the Company in writing and at its sole discretion;

17.4. If the Client, for whichever reason (including airline delys or missed connections) arrives at the Retreat late or leaves the Retreat before it has concluded or fail to join the Retreat, no refund will be given by the Company;

17.5. At the discretion of the Company, it may allow a Client who cancels the Retreat booking: a) to transfer the sum paid up to the date of cancellation towards another retreat provided by the Company (but this will not always be possible); and b) to transfer the sum paid to another person who wishes to take the cancelling Client’s place on the Retreat, who will then be subject to the Terms.

 

BOOKING CONDITIONS / LIMITATION OF LIABILITY

  1. The Client shall keep all of the Retreats’ fixtures, fittings, furniture and effects in a clean and good condition and shall replace any articles, which are destroyed, damaged or missing with articles of a similar kind and of equal value.
  1. The Company reserves the right at its sole discretion to terminate use of the retreat venue and facilities by the Client in the event of any breach of the Terms and/or if they are deemed to be acting in a manner that is deemed (at the discretion of the Company solely) detrimental to the enjoyment of other Clients on the Retreat. In these circumstances the Client will be required to vacate the Retreat immediately and no refund will be provided by the Company to the ejected Client, not will the Company be liable for any resulting cost and/or loss arising from the ejection.
  1. The Client must comply with all instruction given by the instructor(s) on the Retreat and must ensure that they are both suitably medically and physically fit enough to participate on the Retreat. If the Client is unsure of this, they MUST seek the advice and consent of a qualified doctor in order to participate.
  1. Clients with low or high blood pressure and/or cardiac irregularities should not attend the Retreat without written permission from their doctor to do so. If there is any doubt, the Client should consult their doctor. Clients MUST notify the Company before booking of any circumstances affecting their health which may be exacerbated through the practice of yoga or any other sport activity on the Retreat.
  1. If a Client requires emergency professional medical care whilst on the Retreat, the Company will use its reasonable endeavours to obtain it promptly and to inform the Client’s travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details and details of your travel insurance provider, reference number and contact numbers in case of emergency, so that the Company can make arrangements for them to be contacted in an emergency. The Client agrees to indemnify the Company against any costs it incurs in providing such assistance, including payment for any transport to a medical facility.
  1. Clients should notify the Company of any dietary restrictions that the Company should be made aware of, including any allergies or other food intolerances, such as gluten intolerance or a nut allergy (for example) – at least 21 days prior to the Retreat start date. Where a food allergy is so severe that the slightest exposure to the substance in question could cause a life-threatening reaction (for example where a reaction may be triggered other than by actually eating the foodstuff, or by consuming minute trace elements on the hands of a staff member or another person), the Client must advise the Company in writing of the severe nature of the allergy BEFORE booking. The Company then reserves the right to advise the Client that, it is unable to guarantee the Client’s safety, in which case, should the Client wish to choose to proceed with the booking and the Company agrees to accept that booking, the Client attends the Retreat entirely at their own risk, and would be asked to confirm this in writing to the Company in order to confirm the booking. If the Client fails to advise the Company of a known allergy at the point of booking, they will be in breach of contract, and the Company will have no liability to the Client at all in the event of any subsequent incident relating thereto.
  1. The Company is not liable for any injuries to the Client in respects of their use of our facilities on the Retreat, or any injury through participating in yoga or other lessons and/or workshops on the Retreat, or any injury occurring on a trip or excursion off site. The Client is obliged to arrange their own travel insurance and bring the details with them in case of an emergency.
  1. The Company reserves the right to change elements of the Retreat when reasonably necessary to do so, including the identity of the self-employed instructor and the Retreat venue advertised on the Website from time to time (only if absolutely necessary to do so for reasons beyond the reasonable control of the Company). The Company will inform the Client of any such changes before the Retreat start date. If the Company consider a necessary change is particularly important, the Client will be informed about it as soon as reasonably possible and the Company will notify the Client that it is a ‘serious’ change sufficient to give the Client the opportunity to either accept the change, or to attend a different Retreat advertised by the Company. This notice will be at the sole discretion of the Company.
  1. If a problem occurs which is so serious that the Company has to cancel the Retreat before the date of departure, for reasons beyond the Company’s reasonable control, in accordance with clause 16 (above) the Client may choose to accept an alternative Retreat advertised by the Company with sufficient space (paying or receiving a refund / credit in respect of any price difference).
  1. The Company will not be liable to the Client for any loss and/or damage from the Retreat when such loss and/or damage is caused by unusual and/or unforeseeable circumstances that arise which are beyond the Company’s control, the consequences of which the Company could not have avoided even with all due care and skill. In all circumstances, the Company is not liable to pay the Client any additional travel or any other consequential costs, expenses or losses which the Client incurs as a result of any change, cancellation or rescheduling by the Company,  in relation to your booking of the Retreat.
  1. The Company reserves the right to cancel any Retreat for which there are not enough bookings, no less than 4 weeks prior to the Retreat start date. In the event of such a cancellation by the Company for this reason, the Deposit and any other payments made in respects of the Booking Cost will be refunded to the Client in full, or, can be transferred to an alternative Retreat advertised by the Company at the option of the Client.
  1. The Company reserves the right to offer discounts on the Booking Cost and this does not affect the status of any Clients who have paid the full Booking Cost and no discount applied will then become due to them.
  1. The Company is not liable for any of the following:

30.1. any problem arising from a failure of the Client to reach the meeting point on time, for whatever reason (though we will use our reasonable endeavours to assist in any way we reasonably can);

30.2. the quality of the teaching, treatments or workshops you experience on the Retreat;

30.3. medical problems or physical difficulties or emergencies, even if the Client has told the Company of these in advance;

30.4. A Client’s own carelessness or negligence in any aspect of their behaviour on the Retreat;

30.5. Any changes the Company make to the itinerary or to accommodation of any other aspect of the Retreat in accordance with the Terms and Conditions;

30.6. Any complaints or issues which the Company could have potentially resolved whilst on the Retreat but which the Client only raises after the end date of the Retreat;

30.7. Any liability for any injury, illness, death, loss, damage, expense or other intimated claim of any nature whatsoever, which arises from either 1) an act or omission of another Client on the Retreat or the Client; or 2) an act or omission of a third party not connected with the Retreat; or 3) any activity that does not form part the services provided by the Company or its third party providers on the Retreat;

  1. The Company makes no warranties or representations of any kind that the services provided by this Website will be uninterrupted, error-free or that the Website or the server that hosts the web site are free from viruses or other forms of harmful computer code. In no event shall the Company, its employees or agents be liable for any direct, indirect or consequential damages resulting from the use of this Website. This exclusion and limitation only applies to the extent permitted by law.

 

PRIVACY POLICY

  1. The Company is committed to protecting the Client’s privacy – and the Company refers you to our privacy policy on the Website, which sets out details of this.

 

REGISTERED OFFICE

  1. DMB Solutions BV, Victor Van Espenlaan 3, 3080 TERVUREN (Belgium).

 

COMPLAINTS

  1. Should the Client have any complaint, this should in the first instance be raised with the Retreat host immediately, so that the Company can look to remedy any issues. If the Client considers that the complaint has not been satisfied to their satisfaction at the time of reporting it to the Retreat host, then the complaint should be made in writing immediately, and in any event, within 14 days of the end of the Retreat to be considered.

 

BOILERPLATE CLAUSES

  1. Severability– If any legal or otherwise competent authority declares any of the provisions of these Terms to be null, illegal, or impossible to fulfil for any reason, the other provisions shall remain valid and shall maintain all their effects.  The Company and the Client shall meet in order to negotiate in good faith the new provisions to be substituted to those declared null, illegal, or impossible to fulfil, seeking those that are the closest to the spirit of these Terms.
  2. Notices– Parties may give any notice to each other by e-mail or registered letter.  If to the Client, the e-mail address/address that is on record in the Company’s account information shall be used.  If to the Company, e-mails have to be sent to info@ellunaescapes.com. 
  3. Change of Terms– The Company reserves the right, at its sole discretion, to modify or replace at any time all or part of the Terms.

In the event of a modification in the Terms, the Company will inform the Client of the modifications made by making available the amended Terms on the Website.  In the event of a material change, the Company will notify the Client of such changes.  The Company shall, at its sole discretion, determine what constitutes a material change.  Any Client is responsible for reviewing these changes.  In the absence of a response, the amended Terms will be binding thirty (30) days after the notification, unless in the event of continued use of the Services, after being duly notified, whichever comes first.

  1. Third party’s rights– Unless expressly agreed otherwise, the Terms do not generate any right for third parties.
  2. Entire Agreement– These Terms represent the entirety of the agreement between the Company and the Client.  These Terms supersede and terminate all previous written and agreements, negotiations and discussions relating to the subject matter of these Terms. 
  3. No waiver– The non-exercise (in whole or in part) by either Party of its rights or the election of any one or more remedies by either Party under these Terms  or under any other contract concluded between a Client and the Company shall in no way constitute a waiver of such rights or the right to pursue any other available remedies.
  4. Force Majeure– Notwithstanding any other provisions of these Terms, if, for any reason beyond the reasonable control of a Party, including, without limitation, acts of God, governmental acts, war, riot, terrorist action, strike, lockout, industrial action, accident, fire, flood, drought, tempest, natural disasters, pandemic, explosion or civil commotion, such Party is unable to execute in whole or in parts its obligations under the Terms Consultant, such Party shall be relieved of those obligations to the extent it is unable to execute for the duration of this inability and such inability to execute shall not make such Party liable to the other Party.  If the event of a case of force majeure, the concerned Party shall notify without delay and within maximum seven (7) calendar days of the onset of such force majeure. 
  5. Governing law and jurisdiction– These Terms shall be governed by and construed under the laws of Belgium.  In case of controversy or dispute which cannot be amiably solved, the courts of the jurisdiction where the registered office of the Company is located, shall be exclusively competent.
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