Womben Wellness reserves the right to dismiss any participant who we deem have violated any of the conditions for participation in our programs, have become an overall hindrance to the group process or the stated goals and integrity of the program, or have an active and contagious health condition. If this is the case, Womben Wellness will dismiss these participants without refund.
In the event that I or any member of my group need emergency medical care, hospitalization, or surgery while participating in the program, I authorize the leadership of Womben Wellness, through its representatives, to secure any necessary treatment. If coverage is not provided through the travel insurance program, I understand that such treatment shall be solely at my expense. In the event of any emergency abroad, the leadership of Womben Wellness may notify my emergency contact listed.
TERMS AND CONDITIONS
This document outlines the Policy and contract between Womben Wellness, LLC (further described as WW) and the Client. Please read these Terms carefully as by booking any Intensive with WW, or by traveling on a WW Intensive or Retreat you acknowledge that you:
have read and understood these Terms
have indicated your acceptance of being bound by these Terms
A. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when Womben Wellness, or an authorized agent acting on WW’s behalf, have received the applicable deposit from the Client and the Client has received written confirmation from WW of such booking.
i. Deposits: At time of booking any WW Program a non-refundable deposit of 30% of total program cost per person per program is due from the Client to WW. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to WW. Should the Client cancel their booking for any reason, the deposit amount as defined, will be held by WW. These deposits expire two years from the date they were submitted, and may be used towards any WW intensive that begins within this timeframe by the Client who originally made the cancelled booking. The deposit has no cash value. The booking is transferable by the Client who originally made the cancelled booking.
ii. Final Payment: Clients should refer to the confirmation invoice sent by WW and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Intensives booked. Payment of the balance of the price for any is due 60 days before the departure date of the Intensives to depart. If full payment is not received by such due date WW may treat the booking of such Intensive as cancelled and shall retain the deposit paid on booking. If an Intensive is booked less than 60 days before the departure date of the Intensive to depart then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Intensive, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.
iii. Client Details: As a condition to valid confirmation of any booking with WW the Client must provide all necessary information as requested by WW along with their final payment. If the Client fails to provide such information prior to 60 days before the departure of the purchased Program, WW reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by WW. The information required from each Client will be communicated to the Clients, or to WW’s authorized agent, during the booking process.
i. By Client: Any cancellation of a booking by a Client must be delivered to WW in writing and be acknowledged by WW in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by WW or its Agents and are expressed hereinafter as a percentage of the total price paid for the cancelled program.
1) Cancellation received 61 days or more before departure of the program to depart in relevant booking: Deposit shall be held by WW in accordance with the terms hereof, the remainder of the payments made by the Client to WW in respect of the cancelled program shall be refunded to the Client.
2) Cancellation less than 60 days before departure of program to depart in relevant booking: Deposit shall be held by WW in accordance with the terms hereof, and no further refund shall be payable to the Client.*Note: Many Travel Insurance policies will refund ground package costs in the event that you experience an emergency preventing you from traveling in the days prior to your trip. WW requires that you purchase travel insurance at the time of booking so as to protect yourself in unforeseen circumstances including, but not limited to: death in the family, personal medical emergencies, etc. See INSURANCE below for more details.
ii. By Womben Wellness, LLC: WW will not cancel a booking on any program once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of WW. When a program is cancelled by WW before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
1) accepting from WW a substitute program of equivalent value, where such substitute is reasonably available;
2) accepting from WW a substitute program of lower value and to recover from WW the difference in price between the price of the program originally purchased and that of the substitute program; or
3) accepting from WW a full refund of all monies paid for the cancelled program
WW is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. WW reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the program as described cannot be provided, WW will make suitable alternative arrangements for the continuation of the trip program. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, WW will provide the Client a refund of unused programs.
D. UNUSED SERVICES
Neither WW nor its authorized agents shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of WW, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Program due to the Client’s own fault, negligence or breach of these Terms.
The Client acknowledges by booking an Intensive and/or agreeing to travel with WW that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Program and/or itinerary by WW. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the
Program will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of WW.
F. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
Womben Wellness, LLC cannot offer advice of a medical nature. WW’s Intensive may be remote, isolated, and far removed from medical care facilities, or may not have facilities of the standard the Client is accustomed to in their home country.
All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. It is the Client’s responsibility to assess the risks and requirements of each Program in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. The condition of medical facilities vary and WW makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment.
WW will endeavor to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and WW and WW is not liable for any failure to accommodate or fulfill such requests.
G. ACCEPTANCE OF RISK
THE CLIENT ACKNOWLEDGES THAT THE NATURE OF WW PROGRAMS ARE ADVENTUROUS AND MAY INVOLVE A SIGNIFICANT AMOUNT OF RISK TO CLIENTS’ HEALTH AND/OR SAFETY. TO THE FULL EXTENT PERMISSIBLE BY LAW THE CLIENT HEREBY ASSUMES ALL SUCH RISK AND DOES HEREBY RELEASE WW FROM ALL CLAIMS AND CAUSES OF ACTION ARISING FROM ANY DAMAGES OR INJURIES OR DEATH RESULTING FROM THESE RISKS INHERENT IN TRAVEL, PRACTICING YOGA, SACRED CEREMONY, VISITING FOREIGN DESTINATIONS, AND PARTICIPATING IN ADVENTUROUS ACTIVITIES SUCH AS THOSE INCLUDED IN INTENSIVE ITINERARIES.
Accommodation, transportation, activities and excursions, and other components of WW’s Intensives will be arranged by WW with suppliers local to the region where the Intensives operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport are often lower than comparable standards than what the Client may reasonably expect in their home country or region. WW at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where the Intensives operate. The terms and conditions of all suppliers of Intensive components will be applicable to the Intensive component provided by such supplier and are expressly incorporated into these Terms and Conditions. These may limit or exclude liability of the supplier. The liability of WW will not exceed that of any supplier of any Intensive component. The components that make up each Intensive tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
WW is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Intensive(s), or a force majeure event (as herein defined).
Force Majeure: WW shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for WW failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of WW; or an event which WW or the supplier of services, even with all due care, could not foresee.
By signing the agreement below, I hereby acknowledge and agree that: Practitioners at WW do not diagnose conditions, prescribe medication or provide medical treatments. The sole purpose of this course is for education and does not replace the advice of a qualified primary health care practitioner. Treatment/s will not replace conventional medical diagnosis or treatment. I will continue taking medication prescribed by a licensed medical physician and will continue to follow his/her instructions. I release WW, its owners and practitioners from all legal liability during my participation in WW courses. All information received by me from WW practitioners is accepted with full knowledge that any action taken by me as a result of the information received is my complete responsibility.
THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO WW ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of WW or of the third-party suppliers of any services that form part of the Contract then WW limits its liability
WW shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity or for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability WW may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Program, not including insurance premiums and administration charges. WW will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against WW and its suppliers, contractors or other third parties.
I. CLIENT RESPONSIBILITY
The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Intensive. Should the Client fail to comply with the above or commit any illegal act when on the Intensive or the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, WW may terminate that Client’s travel arrangements on any Intensive immediately without any liability on WW’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by WW, WW’s suppliers or WW’s partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on the Intensive. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a WW’s representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any WW Intensive, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. WW shall not be liable for any failure on the Client’s part to comply with these recommendations.
The Client acknowledges and agrees that WW is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Programs are operated, and WW strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any WW Program.
J. TRAVEL DOCUMENTS
i. Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Program of a valid passport required for entry, departure and travel to WW Intensives, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with WW), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry.
ii. Vaccinations: Clients should consult the Center for Disease Control (CDC) and / or their local travel doctor for information in respect of any recommended vaccinations required. It is the Client’s responsibility to check with their doctor to make sure that they have any recommended vaccinations or medication suggested for WW Program destinations.
iii. Documents: Please note that all travel documents for Intensives such as vouchers, itineraries and invoices will be sent electronically, via email to the email address provided on booking upon receipt of full payment by WW.
CLIENT ACKNOWLEDGES THAT IT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of any travel with WW and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. WW shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in an Intensive. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. WW cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by WW such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Intensive tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable WW Intensive.
L. DISCOUNTS AND PROMOTIONS
All discounts and any reduced pricing and/or promotional benefits are applied at WW’s sole discretion. From time-to-time WW may offer reduced pricing on selected Intensives. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by WW) are not entitled to the reduced pricing.
M. CLAIMS AND COMPLAINTS
Client agrees to bring any complaints regarding an Intensive to WW as soon as possible in order to provide WW with the opportunity to address such complaints properly. Client agrees to inform their designated WW representative at the earliest opportunity. WW assumes no liability for complaints that are not properly brought to the attention of WW with sufficient notice for WW to resolve or attempt to resolve any Client complaints.
Hotels, shuttle services or other constituent elements of an Intensive will be arranged by WW with suppliers local to the regions in which the Intensive operates, who may themselves engage the services of other local operators and/or sub-contractors. WW will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of WW will not exceed that of any supplier. All suppliers will be selected and assessed by WW in reference to local laws and regulations in the relevant country of operation. Neither WW nor any carrier is liable for the acts or omissions of any independent contractors.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
P. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon WW and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Intensive.
Q. Media Release
I, the undersigned, do hereby consent and agree that WW, its employees, officers, or agents have the right to take photographs, videotape, or digital recordings of me from any WW trip/event/activity/program and to use these in any and all media, now or hereafter known, and exclusively for the use of WW . I further consent that my name and identity may be revealed therein or by descriptive text or commentary. I do hereby release to WW, its agents, and employees all rights to exhibit this work in print and electronic form publicly or privately and to market and sell copies. I waive any rights, claims, or interest I may have to control the use of my identity or likeness in whatever media used. I understand that there will be no financial or other remuneration for recording me, either for initial or subsequent transmission or playback.
This agreement is subject to the laws of the state of Oregon, USA. Any dispute arising between the parties will be heard and/ or litigated only in a court of competent jurisdiction sitting in Jackson County, Oregon, USA.
Your electronic signature on the Bookings Page indicates your consent to and agreement of the above.
Questions on this? Email firstname.lastname@example.org
Womben Wellness, LLC
WW collects personal information only to the extent necessary to deliver the services, products, or information you, or an agent or other passenger booking on your behalf.
WW, either directly or through our agency and booking partners collects, holds, uses and discloses, only as necessary the following personal information from customers and others in the course of offering services or providing services to you: full name, age, home address, phone number, email address, passport and travel medical information, where required, insurance details, residency, nutrition preferences, trip destination information, credit card and/or other payment information, etc. The collection of this information is done to allow us to provide services to you as requested.
We may also collect personal information, including contact information, if you elect to subscribe to our newsletter which we will use only to provide you with the service you have requested (or other substantially similar services directly related to your request).
WW uses this personal information to provide the services and/or products you have requested, or to provide you with information about those services or WW. WW may use your personal information to book products and services for you or on your behalf from our third party suppliers and service providers, or other service providers or merchants for whom we act as agent from time to time.
Please contact us if you have any questions about providing or not providing Personal Information when booking or otherwise dealing with WW. We collect information from customers during the booking (or opt-in) process, or during the inquiry process where required, via our sales channels, such as our website booking form, our 24/7 sales contact centre (via e-mail or telephone), using medical forms filled out by you or your authorized representative, through on-line evaluations submitted by you, or through other individuals who make or update bookings on your behalf, or otherwise interact with us on your behalf, including during the inquiry process.
The security and integrity of your Personal Information is important to us. All personal information is stored in secure databases to prevent unauthorized access. Passwords, encryption devices and firewalls protect these databases. Please note however that no data transmission over the Internet can be guaranteed to be 100% secure. While we take all steps to ensure the safety of your data, we cannot ensure the security of information you transmit to us over the Internet.
Access to your personal and private information is limited to: authorized employees, of WW, and any of the third-party suppliers who require your information to provide the travel or other services you have requested (transportation services, hotels, activity providers, and tour guides who deliver the services you purchase through WW or that we arrange on your behalf) . We keep our employees and our third party suppliers and other partners informed about our policies and procedures and require strict compliance with this Policy in order to ensure your information remains protected. Unauthorized access and/or disclosure of client information are strictly prohibited.
Third Party Partners and Suppliers:
WW will share your information with outside suppliers who perform services on our behalf. As you would expect, certain information must be provided to these suppliers in order to facilitate your booking and in order to provide you with service(s) you have requested.
Please be assured that WW and its contracted suppliers never sell, lease or trade information about you or your travel information to other parties in the ordinary course of conducting its business.
WW retains passenger personal information for as long as is reasonably required, with consideration to the purpose for which it was collected or a related or ancillary purpose, and for our legal and regulatory obligations. WW deletes or otherwise destroys passenger personal information after a reasonable period of time. On occasion, you may have to provide your personal information to us again where it has been deleted.
If you have any complaints about WW collection, use, disclosure, or dealing with your Personal Information, if you believe that WW is in violation of or have any questions about WW compliance with applicable privacy legislation in email@example.com.
WW takes all complaints regarding your privacy and Personal Information very seriously. Upon receipt, the Privacy Officer will review your complaint within 20 business days and will provide a written response to the return address indicated in the complaint. If such response is not satisfactory to you, we invite you to reply to the Privacy Officer, who will make every endeavor to resolve your concerns.
Website Policies and Cookies
A cookie is a small text file containing a unique identification number that a website sends to your computer’s web browser. While you visit a particular website, a cookie may be used to track the activities of your browser as well as provide you with a consistent, more efficient experience.
You are agreeing to the Womben Wellness Terms and Conditions. You agree that your electronic consent is the legal equivalent of your manual signature on these documents. You consent to be legally bound by the terms and conditions outlined in the Womben Wellness Terms and Conditions.