The below Terms and Conditions govern your use of the website located at yogaescapes.com.au (may be referred to as ‘our Website’ throughout this document) and our associated services (may be referred to as our ‘services’, ‘tour/retreat’ or ‘our offerings’ throughout this document. The use of our Website and booking any of our Services constitutes acceptance of these Terms and Conditions.

The terms ‘you’, ‘your’, ‘traveller’, ‘travel partner’ or ‘participant’ refers to any and all users, visitors of our Website or participants of our Services while the terms ‘us’, ‘we’ or ‘our’ refers to the owner/operators and any employees/subcontractors of Yoga Escapes.

All travellers with Yoga Escapes are subject to these Terms and Conditions in their entirety. Parents/legal guardians must agree to these Terms and Conditions on behalf of their minor/s without exception.

Yoga Escapes reserves the right to make changes to, delete, vary or add to the information on our Website or to any Services described therein, at any time and without notice. The date any changes are made will be indicated on the page. Your continued use of the Website or our Services after any such changes will indicate your acceptance of such changes. If, however, the changes affect a current booking with us, as much notice as possible will be officially communicated to you via email.

We are a West Australian based business operating within the Australian Western Standard Time zone (AWST). If you are based outside of Western Australia, kindly familiarise yourself with any time differences to accommodate your communications accordingly. All timeframes/opening hours stated are in AWST. Yoga Escapes cannot be held liable/are not responsible for any issues involving time zone differences. Your use of our Website and the purchase of any of our Services therein is governed in all respects by the laws of the State of Western Australia, Australia.

Terms of Use

As a user of our Website, you confirm that you have triple checked that you are purchasing the correct tour/retreat, and expressly request Yoga Escapes to make the required arrangements on your behalf. Further, by booking with Yoga Escapes, you confirm that any details regarding your health are true and correct.

Our primary means of communication with you will be via the email address you have provided. While we will endeavour to contact you via phone should the occasion call for it, Yoga Escapes will not be held responsible for any missed communication due to your email address being incorrect/emails not received or going to junk/spam or voicemails/missed calls not being retrieved.

You must be aged 18 years or over or accompanied by a parent/legal guardian to participate in any of our tours/retreats. Parents/legal guardians must first purchase a twin share ticket for themselves and nominate a minor as their travel partner. Parents/legal guardians must agree to these terms and conditions on behalf of any minor they are responsible for and will be travelling with.

Yoga Escapes Itinerary Disclaimer

We reserve the right to make necessary adjustments to our itinerary to ensure your safety, comfort, and overall satisfaction, or due to unforeseen circumstances. While we make every effort to adhere to the planned itinerary, there may be situations where changes are unavoidable. These changes can involve alterations to the order of activities, the duration of stays, or even substitutions of specific destinations or experiences.

Rest assured that these changes will be communicated effectively and handled professionally. Your adventure with us remains our top priority, and we are committed to providing you with a safe, enjoyable, and memorable journey.

Bookings & Payments

Yoga Escapes offers a 50% deposit option or a full payment option to secure your place. All tours/retreats must be paid in full no later than 45 days prior to the tour/retreat start time.

If you book within 45 days or less prior to the start of the tour/retreat, you must pay the full amount to secure your place. Note that refunds will not be available under any circumstances in these cases.

Any and all payments to Yoga Escapes are subject to our Cancellation & Refunds Policy.

Our current pricing for each of our offerings is clearly indicated on our Website, as is information regarding what is included and what is not. We also add ‘Optional Extras’ for your perusal with approximate prices.

Optional Extras are to be arranged with Yoga Escapes directly. More information on Optional Extras will be provided in your e-Guide.

Yoga Escapes reserves the right to withdraw or change our pricing for a tour/retreat, and to change retreat itineraries at any time prior to booking.

Transfers of bookings for any Yoga Escapes tour/retreat are not currently available.

Twin share travellers are required to book separately, nominating their travel partner on the intake form.

Parents/legal guardians of minors under 18 years must first purchase a twin share ticket for themselves and nominate their child as their travel partner, then purchase a ticket for their child. If you wish to book an entire family, please contact us at hello@yogaescapes.com.au.

All payments are currently made via credit card or Visa or MasterCard Debit card and processed via Stripe. See our Privacy Policy for more information about how your financial information is handled.

Pricing

All pricing/costs are quoted in Australian dollars and include GST where relevant.

All prices are subject to change without notice. Kindly note that global markets and events may result in price increases/decreases.

Where a tour/retreat has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged too much incorrectly, we will immediately refund your original payment method for the relevant total. Where your credit card has been charged too little incorrectly, you will be contacted to arrange further payment.

Travel Insurance

We strongly advise that all travellers have premium international travel insurance for any tour/retreat booked with Yoga Escapes. It is the responsibility of the traveller to ensure that travel insurance is taken out once a booking is purchased.

Yoga Escapes is not responsible or liable for any theft, loss or damage to any personal property or personal wellbeing before, during or after any tour/retreat. While the coverage provided by travel insurance organisations varies significantly based on the organisation and the policy you select, as a minimum, your cover should insure you for international medical, tour/retreat delays or cancellations as well as flight delays/cancellations (if not already included in your flight tickets).

Yoga Escapes Tour/Retreat Cancellations

Yoga Escapes reserves the right to cancel any tours/retreats up to 60 days prior to the advertised start date due to circumstances outside of our control, this trip has been deemed unsafe or unviable, or at our discretion. In these cases, we will issue full refunds of amounts paid for the cancelled tour/retreat.

Force Majeure

Yoga Escapes are not responsible for any cancellation, delay or failure of performance or obligation occasioned or caused by pandemics, epidemics, wars, strikes, riots, fire, insurrection, embargoes, failure of carriers or suppliers, inability to obtain goods or transportation facilities, environmental disasters, acts of God, governmental tariffs and quotas, compliance with any law, regulation or other governmental or court order (whether valid or not), or any other cause beyond our control.

Should a force majeure even occur within 60 days prior to the booked tour/retreat start date, we will be unable to issue any refunds. Note that we strongly advise that you ensure you purchase travel insurance that covers you for cancellations/refunds for any reason.

Government Imposed Restrictions (ie: COVID-19)

In the event a Yoga Escapes tour/retreat cannot take place due to any restrictions imposed by the Australian Commonwealth Government or any Australian state or territory Government or imposed by any Government of a relevant country of destination/flight transfer, the tour/retreat may require cancellation. Yoga Escapes will endeavor to work around restrictions within the capacity of the law, including employing substitute Australian guides, however, if the restrictions imposed occur within 60 days prior to the relevant tour/retreat start date, we will be unable to issue any refunds.

Note that we strongly advise that you ensure you purchase travel insurance that covers you for cancellations/refunds for any reason.

Cancellation & Refund Policy

At Yoga Escapes, we value your participation and strive to provide you with the most professional memorable and safe experiences. Our Cancellation and Refund Policy is essential in providing clarity and fairness, setting expectations and ensuring transparency. In allowing for reasonable cancellations and refunds, we are demonstrating our commitment to your satisfaction while further reinforcing the professional excellence we pride ourselves upon. It is also our way of showing you that we value your experience and wish to accommodate your needs where possible, which, in turn, fosters a relationship based on trust and loyalty.

Please ensure you read and understand our Cancellation and Refund Policy as there are no exceptions to this policy under any circumstances.

• Note that we strongly advise that you ensure you purchase travel insurance that covers you for cancellations/refunds for any reason.

• Refund requests made more than 60 days before the tour/retreat start date will be eligible for a full refund.

• Refund requests made within 60 days of the tour/retreat start date will not be eligible for a refund, in part or in full.

• If you have requested a refund within 60 days of the of the tour/retreat start date, for a force majeure event within 60 days of the of the tour/retreat start date or due to a domestic or international government restriction within 60 days of the of the tour/retreat start date, it will be respectfully declined.

• At this stage, we are unable transfer paid funds to a future tour/retreat irrespective of the circumstances.

• Refunds cannot be issued for no-shows, or those who delayed, arrive late or leave the tour/retreat early.

• Refunds cannot be issued if your e-Tourist Visa application is not approved. Note that e-Tourist Visas can only be applied for 30 days in advance from the proposed date of travel; please read the requirements for an e-Tourist Visa to India here: https://indianvisaonline.gov.in/evisa/tvoa.html

• Refunds cannot be issued if your passport is invalid. It is your responsibility to ensure that you have a valid passport and any other relevant travel documents pertaining to your country of origin.

• Any fines, penalties, payments or expenditures incurred as a result of any of the requisite travel documents not meeting the requirements of authorities will be your sole responsibility and are not eligible for any refund or compensation from Yoga Escapes.

• We reserve the right to remove anyone from a tour/retreat due to any of the relevant reasons listed under ‘Personal Conduct’ and ‘Your Participation’ listed in these Terms and Conditions, at our discretion. In these cases, any associated or additional costs as a result of your removal are expressly your responsibility and Yoga Escapes cannot be held liable in any way, and no refunds are applicable in any way.

Refund Process

• To cancel your booking and request a refund, please send an email to hello@yogaescapes.com.au prior to the 60-day tour/retreat start date with your booking details and the reason for your cancellation.

• All refund requests will be acknowledged within 1-2 business days, and we will communicate the details accordingly. Approved refunds will be processed via the original payment method.

Your Participation

We reserve the right to refuse any traveller or from all or parts of our tour/retreat, whether you have paid in advance or not, if we:

• Perceive a reasonable risk of injury to you or any other person due to your participation; or

• Perceive that you have an infection, contagious illness, physical ailment that reasonably places yourself or others at risk; or

• Determine that your behaviour is disruptive to other students and the overall tour/retreat experience.

It is a requirement that you comply with all directions, policies and safety procedures connected to your participation with Yoga Escapes. With this in mind, all travellers much acknowledge that:

• Any type of exercise, including yoga, involves risk of injury which may result in death or serious disability;

• Despite such risk you agree that you participate entirely at your own risk of injury or bodily harm to yourself and others;

• You expressly release Yoga Escapes and any other persons involved in your participation from any action, claim, suit or demand for compensation whether for damage to property or personal injury arising from your participation;

• If you require any medication, you are responsible for bringing, maintaining and administering these as per your prescription or advice of your medical practitioner. You acknowledge that you are required to disclose any information regarding your medications for the purposes of emergency administration on your intake form at the time of booking, and to advise Yoga Escapes in writing to hello@yogaescapes.com.au of any changes as relevant;

• You understand that these terms are contractual and may be relied upon in any proceedings by or involving you and your heirs, executors and assigns.

Personal Conduct

The mental health and social wellbeing of all participants is of utmost importance to us. By instituting a Personal Conduct clause in our Terms and Conditions, we aim to create a safe and supportive environment during each of our tours/retreats. This clause not only respects the boundaries of individuals but also promotes a sense of security and trust within the group. Ultimately, our commitment to this clause is driven by our dedication to fostering a positive and respectful community where everyone can fully enjoy their experience, knowing that they will be treated with the utmost respect and consideration.

As a Yoga Escapes tour/retreat participant, you agree to conduct yourself with personal responsibility and respect at all times:

• Should you choose to engage in inappropriate, illegal, or disruptive behaviour (including but not limited to bullying, harassment, discrimination, unlawful, disrespectful, violent or intimidating behaviour) to any person (including but not limited to Yoga Escapes Retreat Directors or any employee/subcontractor, the local community other guests and participants), you will be asked to leave the tour/retreat. Any associated or additional costs resulting from your removal are expressly your responsibility and Yoga Escapes cannot be held liable in any way, nor will you be eligible for any refund;

• During any free time, you are liable for the activities that you undertake and do so with the knowledge that absolutely no one else is liable for your decisions;

• Any intake of alcohol or legal drugs/medications or supplements are done so at your own risk and that absolutely no one else can be held liable for consequences arising out of your actions;

• The possession or consumption of any illegal substances will result in the appropriate authorities being notified immediately and you may be removed from the tour/retreat accordingly. It is solely your responsibility to research and understand which substances are illegal in the country of your destination. Any associated or additional costs resulting from your removal are expressly your responsibility and Yoga Escapes cannot be held liable in any way, nor will you be eligible for any refund.

• Your conduct must align with the laws and legislation of the country you are visiting. It is solely your responsibility to research and understand the general laws for the country of your destination. Any associated or additional costs resulting from your removal are expressly your responsibility and Yoga Escapes cannot be held liable in any way, nor will you be eligible for any refund.

• You agree that if any grievance arises with anyone (including but not limited to Yoga Escapes Retreat Directors or any employee/subcontractor, other guests or participants) during your tour/retreat, you will bring it to the attention of one or both of the Retreat Directors of Yoga Escapes for swift resolution.

WhatsApp Yoga Escapes Community Communications

WhatsApp is a freeware, cross-platform, centralised instant messaging and voice-over-IP service that allows users to send text, voice messages and video messages, make voice and video calls, and share images, documents, user locations, and other content. Messages and calls are end-to-end encrypted. No one outside of the Yoga Escapes Community, not even WhatsApp, can read of listen to them.

Yoga Escapes have selected WhatsApp to facilitate group communications prior to, during and post tour/retreat. About a month before your tour/retreat start date, you will receive an email encouraging you to install WhatsApp onto your device and a subsequent invitation via WhatsApp to join our WhatsApp Yoga Escapes Community.

This part of our policy outlines our practices concerning the collection, use, and disclosure of personal data when you participate in our WhatsApp Yoga Escapes Community. More information about our WhatsApp Yoga Escapes Community can be found in our Privacy Policy.

When you participate in our WhatsApp Yoga Escapes Community, we may collect and process the following types of personal information:

• Contact Information: We may collect and store the contact information you provide to us, such as your name and phone number.

• WhatsApp Group Data: We collect information related to your participation in WhatsApp group chats, including messages you send, images, and other content shared within the group. Please be aware that his information is also readily available to all Yoga Escapes Community participants on your tour/retreat.

You can elect to opt out of our WhatsApp Yoga Escapes Community at any time by emailing us at hello@yogaescapes.com.au. While you have the options to either not accept your invitation or simply leave the community once joined, the Yoga Escapes Retreat Directors will require this written notification so that necessary alternatives can be arranged for relevant alerts and important announcements as part of our duty of care to you.

While participation is not mandatory, we highly recommend you accept your invitation to our Yoga Escapes Community for the following reasons:

1.    Alert for Important Announcements:

When we're not together as a group, there may be unexpected changes or important announcements you need to be aware of. Staying connected via our WhatsApp Yoga Escapes Community is crucial to ensure that you receive these updates promptly. This can include changes in itinerary, weather conditions, or any other relevant information that can impact your tour/retreats experience.

WhatsApp allows us to deliver real-time announcements and updates directly to your mobile device. This means you can be informed instantly, reducing the risk of missing out on critical information. It's like having a tour guide in your pocket, ensuring you're always in the loop.

2.    Clear and Concise Communication:

WhatsApp offers a platform for quick and efficient communication through text, voice messages, images, and even video calls. This versatility allows us to address questions, provide guidance, and share important details with you in a clear and straightforward manner. Further, our local tour organiser will also join our WhatsApp Yoga Escapes Community providing essential information, guidance and arranging money exchanges.

Clear and concise communication is the key to avoiding misunderstandings and ensuring that everyone enjoys a seamless tour experience. WhatsApp helps minimize the risk of miscommunication, making sure you have all the necessary information you need at your fingertips.

3.    Community Cohesiveness:

Our WhatsApp Yoga Escapes Community serves as a digital gathering place where tour/retreat participants can interact, share experiences, and support one another. By engaging with the group, you not only stay informed but also become part of a close-knit community that enhances the overall tour experience.

Sharing your tour experiences, photos, and insights on WhatsApp allows you to connect with fellow travellers on a personal level. It's an opportunity to celebrate our adventures together, share the excitement, and create lasting memories. This shared interaction enhances the sense of belonging and togetherness.

4.    Active Participation:

Actively participating in our WhatsApp Yoga Escapes Community is a simple way to make the most of your tour/retreat. We encourage every participant to ask questions, share stories, and contribute to discussions. Your active engagement not only benefits you but also enriches the group experience for everyone.

To make the most of our WhatsApp Yoga Escapes Community during your tour/retreat, you will need to enable notifications, organise of participate in chats, share and/or save posted images, check your device regularly, and have international roaming activated on your device.

Naturally, it is important to note that your participation in the WhatsApp Yoga Escapes Community is subject to our ‘Your Participation’ and ‘Personal Conduct’ provisions within these Terms and Conditions.

Health Advice, Supplement & Treatment Disclaimer

Any and all advice, guidance or recommendations provided by Anna Harris or Connie Piho of Yoga Escapes, or employees/subcontractors thereof, are not to be substituted for medical advice, no should it be used to diagnose, treat, cure or prevent any disease.

Any and all supplements/natural health products prescribed or recommended by Anna Harris of Yoga Escapes/Luxe Tribe Wellness Dispensary/Samadhi Wellness, or those recommended by Ayurvedic Practitioners or wellness consultants directly or indirectly associated with Yoga Escapes are to be consumed/taken at your own risk.

Yoga Escapes cannot and will not accept any liability/responsibility for any loss, damage, adverse reaction, or harm as a result of consuming any natural healthcare product, treatment or otherwise; whether or not taken in accordance with instruction or provided by a qualified therapist or not.

Participation Disclaimer

Yoga Escapes will not be liable for any loss or damage (whether direct or indirect) suffered or incurred by you or by any other person whatsoever as a result of the use of the Website, or as result of any reliance on the information contained or referred to therein. Further, we are not liable or responsible for any damages, injury or loss (whether direct or indirect) that may occur from your participation in any of our tours/retreats, activities or experiences therein.

By agreeing to these terms and conditions and purchasing a tour/Retreat with Yoga Escapes, you confirm that you are fit to undertake the activities of this retreat and have consulted with your medical professional as relevant for you. You confirm that you have disclosed any relevant injuries or conditions upon booking and understand that your participation in any tour/retreat with Yoga Escapes is entirely at your own risk.

You agree to waive any liability from Yoga Escapes, Connie Piho, Anna Harris or any employee/subcontractor thereof, for any injuries or conditions, and will not perform any yoga postures or activities to the extent of strain, pain or injury.

You accept that Yoga Escapes, Connie Piho, Anna Harris or any employee/subcontractor thereof are not liable for any injury or damage to person or property resulting from your participation in any tour/retreat, activities and experiences provided for by Yoga Escapes.

Your Privacy

Our Privacy Policy forms a part of these Terms and Conditions.

Website Content & Links

For your convenience or further information, we may provide links to other websites from our Website. We do not endorse and will not be responsible for any information, content or services provided or advertised on these linked sites.

Intellectual Property

Any and all of the Yoga Escapes products, logos, designs, advertisements, and photographic images remain our intellectual property. You may not use, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of our Website without our express permission in writing.

Bank Charges & Fees

Yoga Escapes disclaims any responsibility or liability for any excess transaction fees on your credit/debit cards from pre-authorisation, billing transaction and other transactions. You should contact your financial institution and ascertain if there are any charges in respect to using your credit/debit card online.

Limitation of Liability

To the extent permitted by law, our total liability for any claim under or in relation to these Terms and Conditions of Trade or the supply of services to you, is limited to the price paid by you to us for the service of the subject of the claim.

Severability

If the whole or part of a clause within these Terms and Conditions is or becomes illegal, unenforceable or invalid, then that clause or part is excluded from these Terms and Conditions of Trade without affecting the remainder of these Terms and Conditions of Trade.

Governing Law

These Terms and Conditions are to be understood in accordance with and governed by the laws of Western Australia.

No Waiver

A failure to exercise or a delay in exercising any right, power or remedy under these Terms and Conditions does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

Assignment

We may at any time assign our rights and interests or novate any of our rights and obligations under these Terms and Conditions. You must not assign any of your rights or obligations under these Terms and Conditions without our prior written consent. Consent may be refused or given at our absolute discretion.

Interpretation

In these Terms and Conditions and in any document that refers to these Terms and Conditions:

• A reference to legislation includes any variation or re-enactment of it, and a regulation or statutory instrument issued under it;

• A reference to a party to these Terms and Conditions includes the party’s successors, permitted substitutes, permitted assigns and (if applicable) the party’s legal personal representatives; and

• A right or obligation of any two or more persons confers that right or imposes that obligation on each of them severally, and on any two or more of them jointly.