THE RETREAT TERMS AND CONDITIONS
These are the Terms and Conditions of Sale for all retreats sold by Wanderwealth Pty Ltd (we, us) on our website, www.lauracanham.com (Website) or other associated Platforms.
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, youâre indicating to us that youâve read, understood and agreed to enter into a binding agreement with us on these terms and conditions.Â
1. Payment
You agree to pay us the purchase price for the Retreat as listed on the Website or payment platform. Prices are listed in Australian dollars (AUD) and are inclusive of GST, unless otherwise stated.
The payment structure for the Retreat includes, but is not limited to: full-fee upfront payment; or required instalments for a fixed and agreed period of time.
In making a payment, you warrant to us that youâve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. Weâre not responsible for any issues, loss or damage arising out of those facilities.
We may vary our prices from time to time for items and services which are beyond our reasonable control, which may include (without limitation) exchange rates fluctuations, changes in the price of fuel, venue or vendor rate changes, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation/disembarkation fees at ports and airports. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you in writing.
If you choose a payment plan, a non-refundable booking fee of $500 must be paid before your spot is reserved. Payment of the booking fee means you have accepted our terms and conditions. In some circumstances we may offer payment plan alternatives. If we do, and you select that payment alternative, then you must make each payment by the due dates indicated (we will make these clear on the booking page).
Full payment is required immediately if you make a booking within 30 days of the departure date.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your involvement with the Retreat until payment is received.
Unless otherwise indicated, the balance of the price must be paid in full no later than 30 days prior to the scheduled departure date or earlier subject to individual operatorsâ policies. If you fail to settle your payments within 30 days of the due date, we consider this to be a cancellation in accordance with Clause 15.
2. Discounts & Promotional Offers
We may offer discounts or promotions from time to time. Please note that discounts or promotional offers are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Discounts or promotions are available for the stated time specified in the marketing of the offer.
We reserve the right to revoke any discount or promotional offer at any time without notice.Â
3. Dates & Destinations
All advertised and booked retreat dates and destinations are indicative until departure.
We will use all reasonable endeavours to ensure booked retreats take place as advertised, however we reserve the right to change or cancel the dates and destinations of retreats for any reason outside our control and at any time prior to departure. In the event we change the dates of a booked retreat pursuant to this clause and either the new date is not suitable for you, or we are unable to provide a new indicative date within a reasonable period after the change, then you will receive a credit note equal to the price paid by you.
4. Itineraries
The itinerary provided for the trip is representative of the types of activities planned, but it is understood that the itinerary, amenities, venue and mode of transport may be subject to alteration without prior notice due to events out of our control. You agree to waive any and all claims against Wanderwealth Pty Ltd or any agents, representatives, teachers, instructors and facilitators, regarding any such change(s).Â
5. Inclusions
Whatâs included in the Retreat is listed on the Website: www.lauracanham.com/bali-retreat
The Retreat does not include:
- Flights/Airfare and/or ground transportation
- Excess baggage charges
- Fees for travel documents (passports, visas, etc.)Â
- Travel insurance
- Speciality drinks, including alcoholic beverages
- Lunches and snacks
- Optional activities or excursions
- Personal expenses
6. Health and Safety
It is your responsibility to acquaint yourself with all possible relevant travel information related to the country and regions you are travelling to, including local customs, laws, & regulations. It is your responsibility to maintain current knowledge of travel advisories, medical advisories, or other risks until your departure and while you are on location. Certain locations are remote and require additional travel time away from city centres and towns; as such, medical attention may not always be readily available or may be of inferior quality compared to what is available at home.
You assume full responsibility for consulting your doctor regarding health requirements for the destination, your suitability to attend the Retreat and participate in the activities provided, including vaccination requirements and documentation.
None of the Retreat activities are compulsory and you are free to stop or decline participating in any activity at any time for any reason.Â
You acknowledge that your decision to travel is made in consideration of this information, and you accept that you assume the personal risks involved with such travel. You agree to assume full responsibility for your personal safety and personal health.
7. Passports & Visas
You must ensure you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities for all locations forming part of your booking. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities are your sole responsibility.
You must have a valid passport for international travel. Many countries require at least 6 months validity from the date of entry. You release and indemnify Wanderwealth Pty Ltd from all responsibility and liability for any refusal of entry, detainment, or other action of immigration or other government authorities which may occur to you in connection with this Retreat.
8. Travel Insurance
To join the Retreat you must have active and valid travel/health insurance covering all dates and destinations of travel.
Please be sure that your policy covers you for all relevant activities you will be engaging in on the Retreat. Your insurance must cover as a minimum: trip interruption, cancellation, personal injury, medical expenses, evacuation, and repatriation cover including during pandemic events. You will be required to provide documentary evidence confirming that you hold the above travel insurance prior to departure. If you fail to provide such evidence, we may treat your booking as being cancelled by you and Clause 15 will apply. We will not be liable for any costs, losses or damage incurred by you resulting from your failure to comply with this clause.
It is recommended to purchase travel insurance once you have booked your Retreat to ensure adequate cover.
9. Assumption of Risk & Personal conduct
We are dedicated to ensuring the safety of all guests, however all participants must assume the risk inherent in travel and take responsibility for their own health, safety, and wellbeing.
You agree to follow our rules for participation in the Retreat. You understand and agree that you are responsible for your own behaviour and must treat our team, other participants, venue staff, yoga teachers, coaches/instructors and tour operators with respect.
Wanderlust Pty Ltd or any agents, representatives, coaches, instructors and facilitators, is not responsible for any injuries or damages the participant may sustain on any part of this Retreat.
Conduct which is considered dangerous, illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive, or does not comply with this clause, either prior to or during the retreat, will not be tolerated and amounts to a breach of this Agreement. In this instance, you will be denied participation in the Retreat in advance, or asked to leave the Retreat and the Agreement will be terminated effective immediately.
If a participant is denied participation in the Retreat prior to the trip start date, or the participant is told to leave the Retreat as a result of breaching this clause, no refunds or credits will be paid.
All removed participants will not be permitted to book any future WanderwealthPty Ltd trips, services, events or retreats, and we will not be responsible for any trip cancellation related expenses or trip related damages (including, by way of example, costs related to airline tickets and fees, passport fees, visa fees, medical expenses, etc.).
10. Advice and Information
During the Retreat we may provide advice, recommendations, information, instruction or assistance believing it to be accurate, appropriate and reliable at the time but we donât give any warranty of accuracy, appropriateness or reliability. The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary. We wonât accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other personâs reliance on information or advice we provide, unless otherwise required by law.
11. Third Party Operators are Independent Contractors
Wanderwealth Pty Ltd or any agents, representatives, teachers, instructors and facilitators, does not own, operate or control any person or entity that provides any goods or services for your trip (âThird Party Operatorsâ), including any lodging facilities, airline, ground or water transportation, yoga teachers, tour operators, event planners, food service providers, etc. You understand that all Third-Party Operators are independent contractor(s), and not affiliates or employees of Wanderwealth Pty Ltd.
We will not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of or by reason of the acts or omissions of any Third-Party Operator.
12. Australian Consumer Law
The Retreat comes with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).Â
Nothing in these terms excludes any right, guarantee or warranty youâre entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to the cost of replacing the Retreat, or such other remedy that we see fit.
13. Force Majeure
Our performance under these terms and conditions are subject to acts of God, war, government regulations, disaster, civil disorder, strike or other industrial dispute and any other circumstances which are beyond our reasonable control and which we deem (in our sole discretion) render the performance of our obligations uneconomic, impractical, impossible or illegal (âForce Majeure Circumstanceâ). Including but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. At any time during or after a Force Majeure Circumstance we may (in our sole discretion) elect to terminate this agreement by notice to you and credit/refund any applicable amounts paid by you, less our reasonable costs and expenses incurred in respect of your booking which we cannot reasonably recover.
14. Disclaimer and Limitation of Liability
Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.
Without limiting the generality of the preceding sentence, we shall not be under any liability with respect of any loss or damage (including consequential loss or damage) however caused which may be suffered or incurred by you other than as a direct result of our failure or omission to comply with our obligations under these terms and conditions.
We will not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss cost or expense you may incur, including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), arising out of or in connection with the Retreat.
15. Cancellations
We offer a grace period where you can receive a full refund without question within 7 days of making your first retreat payment. Your request must be submitted in writing and refunds may take a maximum of 30 days to process.
If you wish to cancel your booking, you may do so in writing to any time up to 3 months before the start date of the Retreat in compliance with the terms stipulated in this contract. In this instance, you are permitted to transfer your booking to another interested party. Otherwise, your payments (less the booking fee) will be transferred as a credit note to another Wanderwealth Pty Ltd trip (within one year of the current retreat start date), space permitting. Retreat prices may increase overtime, so you are responsible for paying any price differences at the time you are attending. Refunds are not available unless required by law.
Cancellations within 3 months of the retreat date will count as forfeiture of the retreat payments made up to that point.Â
We do not offer credit or refunds for a guest arriving late, leaving early or failing to attend for any reason. If you interrupt or terminate your travel or participation in the retreat for any reason after it has commenced, Wanderwealth Pty Ltd or any agents, representatives, teachers, coaches, instructors and facilitators, is not obliged to offer credit or issue any refunds for unused services
You are responsible for being up to date with Baliâs latest COVID regulations. After the 7 day grace period, we are unable to offer credit to guests that cannot enter Bali due to non-compliance with the local COVID regulations (such as not having the required vaccination status).
You understand upon booking that the retreat hosts may change due to sickness or other personal issues. In the unlikely event this was to happen, a replacement host will attend.
If we need to cancel a Retreat for any reason, you will receive a full credit note to use on the next available Retreat.
16. Credit Notes
All credit notes issued by us pursuant to these terms and conditions or otherwise are valid for use for 12 months from the current Retreat start date. You are not entitled to a refund or any other remedy for any unused portion of an expired credit note. In our sole discretion we may extend the validity of credit notes for a longer period if we consider we have not provided a reasonable opportunity for the holder to use the credit note.
17. Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause. The party must inform the other party in writing of the following:
- the nature of the dispute;
- the outcome they desire to resolve the dispute, and
- the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.
Each party acknowledges and agrees that they will not make any oral or written statement about the other party in relation to the subject matter of this agreement that is intended or is reasonably likely to disparage the other party; or otherwise degrades the other partyâs reputation.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Western Australia appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Western Australia.
The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.
This clause survives termination of this Agreement.
18. Privacy
By booking with us you acknowledge that we will collect, use and disclose your personal information (including to our third-party service providers) as we reasonably require to provide the service to you, and for other reasons permitted under privacy laws (including direct marketing).
Wanderwealth Pty Ltd has photographers and videographers documenting each Retreat and uses and posts content on social media and in marketing and publicity material during and after Retreats. You acknowledge and irrevocably consent to us using photographs of you and/or statements made by you, including your name and business name, during and after the Retreat without payment or attribution on social media and in marketing and publicity material.
19. Variation
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Retreat will indicate your acceptance of the variations.
Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.
20. Severance
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
21. Assignment
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.
22. Entire Agreement
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
23. Waiver
A partyâs failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
24. Term
This Agreement commences on the date that it is accepted by you, or upon payment of your Retreat booking fee, and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
25. Termination
We reserve the right to terminate this Agreement at any time for any reason and remove you from the Retreat where we feel there is a risk of further breach. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
26. Jurisdiction
As weâre based in Western Australia, these conditions will be governed by the laws of that state/territory. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Western Australia, Australia.
