Terms and Conditions: Bali Retreat - August 20-27 - with Rachel Hunter and Renee Stewart - special guests

TERMS AND CONDITIONS OF BALI RETREAT – AUGUST 20-27:2022

BACKGROUND

  1. This document outlines the Terms and Conditions of The Cotour – Bali Retreat – with Rachel Hunter – and Renee Stewart - special guests – August 20-27:2022
  2. The Tour Operator, The Cotour, is agreeable to providing such services to the Participant on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Participant and the Tour Operator (Amy McKenzie-Wilson - on behalf of The Cotour)

SERVICES PROVIDED:

3.The Tour Operator agrees to provide the Participant with the following services (the "Services"):

Inclusions and Exclusions as outlined in Section 20 and 21 of this agreement

The Services will also include any other tasks which the Parties may agree on. The Tour Operator hereby agrees to provide such Services to the Participant.

TERM OF AGREEMENT

4.The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.

PERFORMANCE

5.The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

6.Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in NZD (New Zealand Dollars).

 

PAYMENT

7.The Tour Operator will charge the Participant for the Services as follows (the "Payment")

The Participant will pay The Tour Operator - a non-refundable deposit of $500NZD (plus credit card and/or payment fees - if applicable) -as part of the deposit – which is 33% of the retreat cost. The residual amount will be paid in two payments – 33% - by the 20th of May, and – 34% by the 20th of June – two equal payments. Or paid in full. If making any payments after May 20 – payments may only be made in two payments of 50% per payment – by 22nd May and residual payment by 20th June. After that time no payment plans will be offered.

8.Any invoices submitted by the Tour Operator to the Participant are due as per date on invoice.

INTEREST ON LATE PAYMENTS

9.Interest payable on any overdue amounts under this Agreement is charged at a rate of 2.00% per month.

CONFIDENTIALITY

10.Confidential information (the "Confidential Information") refers to any data or information relating to the Participant, whether business or personal, which would reasonably be considered to be private or proprietary to the Participant and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Participant.

11.The Tour Operator agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Tour Operator has obtained, except as authorised by the Participant or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. At time of release of the tour anticipated information that may be required by The Tour Operator, may ask to be provided by the Participant - but not limited to – a copy of passport, copy of vaccination status, copy of travel visa, copy of proof of pre-departure Covid-19 testing, copy of certificate of insurance, copy of any other documents as required. Please note that some of these documents may also need to be shared with the Suppliers - and where they are, The Tour Operator will ask that any copies are deleted or destroyed after the tour completion.

12.All written and oral information and material disclosed or provided by the Participant to The Tour Operator under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Tour Operator

OWNERSHIP OF INTELLECTUAL PROPERTY

13.All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Tour Operator, and any anyone contracted to the Tour Operator to provide services. The Participant is granted a non-exclusive limited-use licence of this Intellectual Property. No meditation, yoga or movement instructions given by Ms. Rachel Hunter, or Miss Renee Stewart, are to be recorded or streamed.

14.Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with The Tour Operator, Ms. Rachel Hunter, and Miss Renee Stewart.

RETURN OF PROPERTY

15.Upon the expiry or termination of this Agreement, the Tour Operator will return to the Participant any property, documentation, records, or Confidential Information which is the property of the Participant, and vice versa.

CAPACITY AS TOUR OPERATOR

16.In providing the Services under this Agreement it is expressly agreed that the Tour Operator acts as an agent providing services on behalf of the Suppliers

RIGHT OF SUBSTITUTION

17.Except as otherwise provided in this Agreement, the Tour Operator may, provide alternative arrangements with regards to excursions, meals or travel arrangements - if and when required. Any changes will be advised in as much time as possible to the Participant. If any extra payment is required by the Participant for any changes - this will be communicated at the time of the change.

NOTICE

18.All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at their addresses: or to such other address as either Party may from time to time notify the other.

INDEMNIFICATION

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective contractors, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

 

ADDITIONAL CLAUSES

The Tour Operator is required to provide the following to the Participant:

Hotel Komune: August 20-27:2022

20.INCLUSIONS:

Accommodation of Single or Twin Share accommodation – as per purchased package.

Meals & drinks:

Breakfast: – at the Health Hub – Day 2, 3, 4, 5, 6, 7 & 8 – some exclusions apply
,
2 x Group Dinners – at Hotel Komune – with 1 non- alcoholic beverage – as set out by the Tour Operator

Exclusions at Hotel Komune:
Alcoholic beverages
Lunches outside the two provided in the package – at the hotel
Evening meals outside the two provided in the package – at the hotel
Morning Tea or Afternoon Tea
Drinks during the day
Spa Treatments
Extra incidentals


ADDITIONAL CHARGES: Any additional costs from drinks, food, laundry, incidentals and from any extra chosen excursions or spa treatments, and any other charges over and above the inclusions – will be charged under the Participant's name to the Participant's room and must be settled on checkout from Hotel Komune.

 

Yoga and Meditation with Rachel Hunter and Renee Stewart at Hotel Komune Bali:

Morning Practice: Day 2, Day 3, Day 4, Day 5, Day 6, Day 7 and Day 8

Meditation:  led by Rachel - At sunrise for approximately 20 minutes.

followed by fruit/water/lavatory break approximately 20 minutes

Yoga Practice: taught by Renee- Combining Breath work, Asana, Movement - approximately 60 minutes.

Evening: 60 min Yin Yoga / Meditation . Evening Practice: Day 1 (if time allows), Day 2, Day 3, Day 4, Day 5, Day 6 and Day 7

Evening Practice: - led by Rachel - Relax - Yin based Class with some movement or seated meditation. This class will be relaxing grounding practice . From Breath - Work , Mantra , Meditation and some Yin . 

 

21.Not included: EXCLUSIONS

- International flights

- Transfers

- Visa for entry into Bali

- Any travel documentation required to participate in this tour

- Any PCR or RAT/Lateral flow testing for travel into, and around, Bali, and on leaving Bali for travel to country of domicile, transiting or next travel destination

- Travel Insurance

- Credit Card fees - extra 2.9% + 80c

- Any extra costs incurred as a result of plans having to change due to Covid-19, World War, Border closures or Regional lockdowns

- Any losses incurred as a result of the Participant not being able to tour due to contracting Covid-19 prior to travel commencing

- Any extra costs incurred as a result of plans having to change due to the Participant contracting Covid-19, or becoming unwell and unable to continue with the Retreat, whilst on the Retreat

 

22.OUR SERVICES AND OBLIGATIONS:
We undertake to perform our services with reasonable care and skill. However, we will not be liable for any loss or damage, or loss of enjoyment which result from the act, default or omission of any person (other than ourselves or employees) or any cause beyond our control. This includes (but is not limited to loss, damage or loss of enjoyment which arises directly or indirectly from an Act of God, Force majeure, weather, disruptions, dangers incidental to sea, fire, breakdown in machinery or equipment, acts of Government (including border closures or regional travel restrictions) or authorities whether legitimate or not, wars whether declared or not, hostilities, acts of terrorism, civil disturbances, strikes, lockouts, riots, deaths, pilferage, pandemics, epidemics, quarantines or medical, customs or immigration or emigration regulations, or World war, or any war. We will acknowledge any special requirements made by you with regards to your participation on this retreat, however cannot guarantee that we can meet each request. Travel is an individual experience, and your preferences and opinions may vary from our own. For this reason, we cannot take responsibility for your individual satisfaction: neither can we take responsibility for weather nor for compatibility of fellow guests or staff during the course of your travel.

23.SUPPLY OF TRAVEL AND ACCOMMODATION SERVICE AND FACILITIES:
When we make bookings with the providers of travel, accommodation, airfares, cruises, meals, entertainment, activities, transfers or services etc (“the Suppliers) we are acting as a booking agent for the Suppliers. All travel, accommodation, transfers, meals, entertainment, activities or services etc, are supplied directly to you by the Supplier. We have no control over the facilities or services themselves, or the manner in which they are provided by the Suppliers. Therefore, you should be aware of the following conditions:
- The agent’s obligation is to make travel bookings and to arrange relevant contracts directly between you and the Suppliers. We have no responsibility for these services nor do we make or give any warranty of representation regarding the standard. Your legal recourse is against the specific Supplier and not the agent you have booked with.
- The agent will not be liable for any loss or damage of any kind (including without limitation, any loss suffered as a result of death, injury, and/or illness) that may arise from your use or consumption of, or inability to consume, various Suppliers facilities or services.
- The provision of facilities or services is subject to the terms and conditions and limitations of liability imposed by your contract direct with each Supplier. The Supplier will not be held responsible or liable for any costs incurred as a result of decisions made without prior approval from the Supplier under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements made through the Supplier.
- All facilities or services described by us are subject to availability from the Supplier. Where for any reason, a Supplier is unable to provide particular facilities or services, then that Supplier may be entitled, under its contract with you to substitute those services or facilities with comparable or equivalent facilities or services without incurring any liability to you.
- The supplier will not be liable or responsible for any loss or damage relating to your baggage, personal possessions, health or welfare, or delays or travel disruptions etc.

24.FITNESS TO PARTICIPATE: - The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, or physical or medical disabilities, that would limit or prevent the Participant from participating in the physical movement as instructed by Ms. Rachel Hunter, or Miss Renee Stewart, or any other instruction from any other instructors, nor any other physical activity - such as walking. If required, the Participant will require a medical examination and clearance. There will be a waivers to be signed to be able to participate in Ms. Hunter's led classes, and Miss Stewart’s classes also.

25.BUSINESS PURPOSES: You agree that where our services are acquired for business purposes, or where you hold yourself out as acquiring our services for business purposes, or where you hold yourself out as acquiring our services for business purposes, the Consumer Guarantees Act 1993 will not apply to any supply of goods or services made under these conditions, and we will not be liable or responsible for any loss or damage of any kind to you, including any consequential loss or damage - however it may be caused.

26.INFORMATION: While we have exercised reasonable care and skill to ensure that we have provided information that is correct, accurate, and as up-to-date as possible at the time, please note that this information is supplied to us by the Suppliers. We do not have, and cannot be reasonably expected to have, to have personal knowledge about all the facilities or services provided by each Supplier. Facilities or services do change and we endeavour to keep you informed of any changes to information that are brought to our attention. All maps, illustrations, images, photographs, etc - are for indicative purposes only and may not necessarily reflect actual places or positioning.

27.PRICES: Events beyond our control, such as currency fluctuations, changes to the price of fuel or changes to the cost of services and facilities may result in the prices charged to you being different. If for any reason price increases or variation of terms are notified to us between the time of quoting and booking and to the time of your departures, or the date of the first service organised by us, we reserve the right to vary the price to you up to the time of your departure.

28.TRAVEL INSURANCE: In order to take part in the tour - you must have a comprehensive travel insurance policy and provide a certificate of insurance within a month of paying your deposit, although we do recommend that you take insurance at the time of deposit. You must ensure that your travel insurance gives you required cover to enter Bali and travel, and also covers you for transiting purposes with regards to any country you transit through. Your insurance cover is your personal responsibility and we do not provide advice with regards to travel insurance. We do require that you have special Covid-19 cover within your travel insurance and that you familiarise yourself with what you are and are not covered for. We will not recommend any particular travel insurance policy, nor be responsible for the policy that you have chosen to purchase.

  1. RIGHT TO DEFER OR POSTONE THE TOUR: Should conditions for travel be such that the Retreat cannot proceed on its intended dates - we do reserve the right to provide an alternative tour date within 12 months of the intended commencement date. Should postponement or deferment be required - The Tour Operator will notify you as soon as practicable of the need to postpone/defer and then with confirmation of the new dates - as soon as practicable. Any such communication will be made in writing.

30.Cancellation by us: - If for any reason we need to cancel the event rather than postpone - you will be refunded the amount you have paid - less a $200 administration fee - if you have paid by Direct Credit. If you have chosen to pay by Credit Card you will be refunded the amount that you have paid less the $200 administration fee and less Debit or Credit Card and transaction fees. Any cancellations are also subject to the $200 non-refundable cancellation fee.

31.Cancellation by you:

 * If you cancel the following applies: -

 * Cancellations over 90 days out from the Event: Refund of any amounts paid - less $200 administration fee and any service and/or transaction fees. (Up until 22/05/2022) 

 * Cancellations 60 - 89 days out from the Event: 75% refund of any amounts paid - less $200 administration fee and any service and/or transaction fees (23/05/2022- 19/06/2022)

 * Cancellations 60 - 45 days out from the Event: 50% refund of any amounts paid- less $200 administration fee and any service and/or transaction fees. (20/06/2022 – 04/07/2022)

 * Cancellation 44 - 30 days out from the Event: 25% refund of any monies paid less - $200 administration fee and any service and/or transaction fee. (05/07/2022-20/07/2022)

* Cancellation within 29 days of the Event: no refund given- From 21/07/2022

 

  1. TRAVEL DOCUMENTS: 

All travellers should be aware of any health or visa requirements for the countries that they are travelling to. It is the responsibility of all members of the travelling party to obtain a valid passport and any necessary visas and vaccination documents for your international holiday. Any fines, penalties, payments, or expenditure incurred as a result of such documents not meeting requirements will be your responsibility, as neither the Tour Operator or any suppliers will be responsible for any loss or expense due to your failure to obtain any necessary travel documents. Please ensure that you have a minimum of 6 months validity left in your passport upon your departure from the foreign country, as most immigration/international borders insist this is a pre-requisite before entry into their country will be permitted. A visa will be required for entry into Bali - this is your responsibility.

  1. MODIFICATION OF AGREEMENT

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

  1. ASSIGNMENT

The Tour Operator will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Participant.

  1. ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

  1. ENUREMENT

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

  1. TITLES/HEADINGS

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

  1. GENDER

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

  1. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of New Zealand.

  1. SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

  1. WAIVER

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

 

Name: ___________________________________________________

Signature: _________________________________________________

Date: _____________________________________________________