THE MINOAN ODYSSEY WELLNESS RETREAT:
Your contract is with The Odissean Experience Ltd, a company registered in England & Wales with Company Number 11044334, and registered officer address at Director General’s House, 15 Rockstone Place, Southampton, England, SO15 2EP, hereinafter referred to as “TOE”. Your contract incorporates these Booking Terms and Conditions, and by booking the “The Minoan Odyssey Wellness Retreat”, you confirm your acceptance of these Booking Terms and Conditions.
Please carefully read the following as they are the basis of your Contract with TOE, including the Assumption of Risk and Release of Liability Provisions, collectively the “Booking Terms and Conditions”, herein after referred to as “T&Cs”. You are responsible for ensuring that you understand the T&Cs. When registering for this retreat, by checking the box for the “Booking Terms & Conditions including Assumption of Risk and Release of Liability Provisions” and by signing your name (electronically), you acknowledge and agree (i) that you have read and understood these T&Cs (ii) that you have had an opportunity to ask TOE any questions about these T&Cs, and (iii) that you agree to be bound by these T&Cs.
TOE may, at any time, revise or change these T&Cs by updating them on this site, and either sharing them with new clients, resharing them with existing clients, or posting them on its website or other materials.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Definitions
(a) Reference to “Booking” or “Registration” or “Reservation” or “Registration & Purchase Form” or “Participant Registration & Purchase Form” all mean booking to confirm your participation at the retreat, which will be final only upon payment.
(b) “You” or “Your” or “Guest” or “Participant” or “Attendee” or “Traveller” or “Client” include the first-named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred, or persons added or substituted subsequently.
(c) “We” or “Us” or “Our” or “Host” or “Organizer” means The Odissean Experience Ltd (TOE).
(d) “Travel Services Provider” means our supplier – a Destination Management Company (In coming Tour Operator) acting as the primary and main party responsible for making all the on-ground arrangements at the destination as per the offer, either directly or in cooperation with other parties such as the hotel for their services; event venues; suppliers or contractors or any third parties for provision of transportation services, tour experiences, sight seeing with local guide, wellness instructors sessions etc herein after collectively referred to as “Travel Services Provider(s)-TSP(s)” meaning the primary party and their supplier(s), contractor(s), agents(s), staff, and representative(s), or as “Travel Services Provider- TSP” meaning only to the primary party.
(e) Reference to “Arrangements”, “Travel Arrangements” or “Retreat Arrangements” or “Vacationing Retreat” or “Wellness Retreat” or “Retreat” or “Retreat Package” or “Package” or “Travel package”, all mean one and the same with respect all the services that we have agreed to provide you with, under your booking with us. These references specifically exclude any air travel provisions (flight tickets) and have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018 and, collectively the ‘Arrangements’ include the accommodation, transport, meals, tour experiences, wellbeing sessions and any other arrangements or services detailed under the “Inclusions” section of our offer, and in your booking confirmation (including any additions or amendments).
(f) Reference to “Vacationing Retreat” or “Wellness Retreat” or “Luxury Wellness Retreat” or “Luxury Retreat” or “Retreat” or “The QUEST Programme” mean one and the same “The Minoan Odyssey Retreat”.
(g) References within the T&Cs to “Arrival Date” means the commencement date of the services we have agreed to provide.
(h) “Staff” refers to any person employed by or affiliated to the TSP or Supplier(s) or Contractor(s) or Facilities, including staff of hotels, restaurants, and staff of any other businesses that may directly or indirectly be involved in the retreat.
(i) “TOE Staff” refers to any TOE employee(s), advisor(s), director(s), freelancer(s), consultant(s), or contractor(s) participating in and coordinating retreat related activities.
(j) “Wellness Curator(s)” refers to TOE’s contracted UK based instructor(s) responsible for delivering wellness workshops in the destination.
(k) “Wellness Instructor(s)” refers to third party instructor(s) or contractor(s), arranged locally at the destination by the TSP.
(l) “Guide” refers to expert guide(s) or tour escort(s) arranged locally at the destination by the TSP who will escort the group during sightseeing or visiting local attractions.
(m) “Tuition” or “Self-Investment Fees” or Self-Development Fees” or “Offer Price” all mean one and the same and refers to the total advertised cost of the retreat charged to each participant.
(n) “Offer” or “Offer Page” means the “entire retreat” with identified host, the dates, location, prices, sample itinerary, inclusions and exclusions, description of services, experiences, and venue facilities, booking process and registration as more specifically described on the retreat landing page of our website http://theodisseanexperience.com/retreat For the avoidance of doubt, the retreat details as set out on our Offer or Offer Page form part and are governed by these Terms & Conditions.
(o) “Destination” refers to “Crete” in Greece.
1. Our Agreement
You will receive information about your retreat package through our offer page along with details of their main characteristics before a binding agreement between you and us come into existence. That information, these T&Cs, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the entirety of your contractual agreement with us (“Contract”). They only apply to arrangements which you book with us in the UK and which we agree to make, provide, or perform as part of our Contract with you. Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them. The key terms of our contractual agreement are:-
Key terms
1.1 When you register for the retreat, you agree that you are at least 18 years of age and have authority to accept and do accept these T&Cs on behalf of yourself and all named in your registration booking. It is your sole responsibility to ensure that you are suitably fit to allow full participation in the retreat. We reserve the right to remove any guest due to concerns over the health and safety of the individual guest or the group as a whole. You and any accompanying participants (if applicable) named in the booking consent to the use of information in accordance with our Privacy Policy.
1.2 You will enter into a binding contract with us when you register for the retreat by completing the Participant Registration & Purchase Form and will be responsible for making all payments due to us and under the booking. All participants named within a booking are individually and jointly liable for all payments including but not limited to deposit, balances, change fee, upgrade fees, or cancellation fees, under the booking.
1.3 A contract will exist as soon as you complete the Participant Registration & Purchase Form and make payment and we email you the Retreat Participant Package, which will also serve as a confirmation receipt of your participation at the retreat.
1.4 If you then cancel your arrangements, you will be required to pay cancellation charges. Initially, this will be the Deposit you paid to secure your arrangements. Subsequently, and as more fully described in clause 7 of these T&Cs, a 100% cancellation charge will apply, and no refund will be provided. Please refer to clause 7 for more details.
1.5 We may make changes to and cancel your confirmed arrangements, but we will provide suitable alternatives and refund you in certain circumstances if we do so.
1.6 We are responsible for making sure your confirmed arrangements are not performed negligently, but there are some limits on and exceptions to this.
1.7 We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so.
1.8 You may be required to sign or complete a set of documents, including but not limited to, T&Cs, Release & Waiver, Participant Pre-Retreat Questionnaire, Personal Travel Details & Preferences Form, or asked to provide information on your Insurance Cover, Credit Card Authorisation etc, prior to the start of the retreat which are necessary to curate a personalised experience for you at the retreat. Unless we have the required completed and signed documents and requested information from you (and for any other participant named in the booking) prior to the Arrival Date, you will not be allowed to participate in the retreat nor in any of the activities at the retreat, in which event we shall retain any amount paid and not be liable for any losses or compensation arising. You are also responsible for passing on to all person(s) named in the booking any and all information issued by us including, without limitation, booking confirmation and these T&Cs.
Accuracy of Information and Booking Errors
1.9 We endeavour to ensure the accuracy of all the information and prices in our offer page, our website and any other advertising material at the time of printing or publication. However, occasionally changes and errors occur, and we reserve the right to correct prices and other details in any such circumstances and at any time. Such information is subject to change, often due to the actions of TSP(s) and prices increases or other events and developments. We will make best effort to notify you of any change when known to us affecting your retreat prior to issuing you with our booking confirmation. You must check all the information relating to the arrangements that you book. We will not be liable for booking errors which are attributable to you, or which are caused by unavoidable and extraordinary circumstances as defined in Clause 9 and, should you subsequently need to amend a booking that we have confirmed, amendment charges shall apply. If a price on our offer page, booking confirmation, website, brochures, or promotional material is obviously incorrect, a booking made on that price will not be valid and we reserve the right to cancel the booking, unless you wish to pay the correct price. The availability of services and amenities may be affected by local conditions, such as inclement weather or the season. Supplier(s) of accommodation, transportation, recreational facilities, or any service provider can make changes with no advance notice to us. When we become aware of any significant changes, we will advise you at the time of booking or, if after booking, as soon as possible before departure. The provisions of Clause 8 will apply when a significant change is notified after the booking.
1.10 Please check all the information for accuracy, correctness and completeness on any email, document or material issued, and notify us immediately on receipt of any errors or omissions. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies within Two (2) days of our sending it to you. It may harm your rights if you do not.
1.11 TSP services make up your arrangements at the destination, and these services are provided in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
2. Payment
2.1 You must make payment for your arrangements in accordance with the instructions we give you. Generally, at the time of booking, the payment constitutes of a non-refundable “Deposit” of Five Hundred British Pounds (₤ 500) towards administration and processing fees, and the remaining “Balance Payment” (i.e. the Offer Price minus the Deposit) to be paid in full before a specified period prior to the Arrival Date. In the instance where the booking is within 90 days of the Arrival Date, full payment comprising both the Deposit and the Balance Payment (i.e. the “Total Amount” of the advertised Offer Price) is required at the time of booking.
2.2 In order to reserve your participation at the retreat, you are required to pay a “Deposit” upon your registration towards registration and processing fees. This Deposit is non-refundable and non-transferable and is applied to the entire cost of your tuition / self investment fee for the retreat as per the Offer Price.
2.3 In addition to the Deposit, and in order to secure your participation, you are required to pay the remaining Balance Payment, in full. By completing the Participant Registration & Purchase Form, you authorise our primary TSP to charge your credit card, for the entire Tuition amount as a single payment transaction, which includes both the Deposit and the Balance Payment amounts.
2.4 We will confirm all available methods of payment to our primary TSP and provide you with specific payment instructions on booking. Your participation at the retreat is not secured until you pay the full amount due. On receipt of your payment, the primary TSP will need to pay all the parties such as the hotel for accommodation and meals, any Suppliers(s), Contractor(s), business or individuals involved in the arrangements.
2.5 You must ensure that our primary TSP receives the full Euro (€ EUR) amount (paid through an equivalent value in British Pounds) as stated in our Offer, towards your Tuition fee for the retreat. You will be responsible for any bank charges or fees, and exchange rate fluctuations and the amount to be received by our primary TSP must be without any deductions of such fees or charges.
2.6 If the primary TSP does not receive payment of your Tuition fee in full within the stipulated time, or in case of non-payment or late payment of your Balance Payment, this may result in your booking being treated as cancelled by you, in which case, the cancellation charges set out in Clause 7 will be incurred.
2.7 On occasion, you may be required to transfer the Balance Payment in more than one payment tranche. Where this is the case, the cumulative sum of those payments shall form the total Balance Payment (“the balance”/ ”balance payment”) payable by you.
2.8 We are not responsible for any incidental expenses incurred by you as a result of your participation at the retreat, including, but not limited to any expenses associated with air travel (flight tickets), visas, vaccinations, travel insurance or excess, or any incurred or implied costs, as specified in the “Exclusions” section of our offer.
2.9 Please contact us immediately if any information which appears on the booking, or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within forty-eight (48) hours of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so.
3. Insurance
3.1 It is a condition of your Contract with us that you are covered by appropriate and adequate personal travel and medical insurance for the periods leading up to the retreat, the entire duration of the retreat, and until your return home from participation at this retreat. By signing these T&Cs you positively affirm that you, and any accompanying participants named in your booking, have secured the necessary insurance cover for yourself and/or selves.
You must be satisfied that your insurance fully covers all your personal requirements including, without limitation, your losses sustained as a result of a booking cancellation for any reason, personal belongings, any pre-existing medical conditions, cancellation charges, medical expenses and repatriation costs in the event of accident or illness, Covid-19 cover etc. Details of a policy suitable to cover your individual circumstances and requirements are available by contacting a variety of travel insurers. If you choose to travel without adequate insurance cover, we will not be liable in any way, for any of your loss(es) howsoever arising.
3.2 We also ask that you provide us with the details of your insurer, the policy number and the emergency contact details to assist you in the event of an accident or emergency abroad. It will be necessary for you to comply with the requirements of the policy in the event of a potential claim; e.g. reporting a theft to the local police. Please read your policy details carefully and take them with you. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check, source, or recommend alternative insurance policies.
4. Special Requests
4.1 Any special request(s) relating to your arrangements must be advised to us at the time of booking in writing, and the status will be confirmed back to you in writing after we have checked with our TSP regarding such possibility. Whilst we will try to meet or arrange your reasonable special request(s) subject to availability, we cannot guarantee that they will be fulfilled and any failure to arrange a special request(s) on our part shall not be deemed as being a breach of our Contract with you.
4.2 If we are able to confirm a special request(s) or requirement either partially or entirely, we will confirm so in writing, but where requests or requirements have not been confirmed in writing by us, a failure to meet them shall not be deemed as being a breach of our Contract with you.
4.3 The fact that a special request(s) has been noted on your booking or any other documentation or that it has been passed on to our TSP is not confirmation that the request will be met. You will not be entitled to cancel (without paying our normal cancellation charges) if we are unable to comply with your special request(s). We regret that we cannot accept any conditional booking (i.e. any booking that is specified to be conditional upon the fulfilment of a particular request). We reserve the right to decline any booking that is conditional upon any special request being guaranteed.
5. Health, Disabilities and Medical Conditions
5.1 TOE is not a medical health care provider, does not provide medical advice and is not providing health care, medical services or medical therapy services, prescriptions, or attempting to diagnose, treat, prevent, or cure any physical, mental health or emotional issue.
5.2 TOE will not be responsible for any personal injury, accident or death caused using machinery, equipment or facilities provided by the TSP(s).
5.3 TOE will not be responsible for any personal injury, accident, error in care, or death caused by any medical or health services or advice provided by any party or third party.
5.4 Where facilities, TSP(s) or any third parties or any other supplier are regulated by any duly recognised local, regional, or national regulatory health and medical authorities, then it is the exclusive duty of these parties to comply with, maintain and adhere to any such standards of care and protocols so imposed by the regulatory authorities. TOE is not responsible for such and bears no liability in such regard.
5.5 TOE strongly recommends and advises that you consult your GP or licensed medical health care provider before undergoing any fitness, exercise or general wellness activity, or wellness retreat. If you feel unwell or are unsure about anything, then we strongly recommend you visit/consult and discuss your trip intentions with your GP or licensed medical health care provider before booking.
5.6 You also acknowledge that you must comply with all advice and guidance issued by relevant international and local health authorities.
5.7 We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols during your trip. We use information from government foreign departments, local and international travel authorities and tourism bodies, and reports from our TSP(s) in assessing how your itinerary should operate and based on the advice or recommendations of such parties, we will make changes to the itinerary or the day-to-day programme without prior notice. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. We accept no liability in relation to these additional risks.
5.8 You understand that yoga, low intensity exercise, sightseeing and touring various attractions, spending time outdoors with exposure to natures elements, or doing other activities during the retreat may be physically demanding. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you (or your accompanying guest) have any medical condition or disability or mobility concerns which may affect your chosen arrangements, please provide us with full details when you register. We will only provide precise information on the suitability of the retreat and any related arrangements taking into account your needs, if you specifically request us to do so.
5.9 If you or any member of your booking has any specific medical condition, disability or reduced mobility issue which may affect your chosen arrangements then you should provide us with full details at the time of booking and before we issue our booking confirmation to you, so that we can advise as to any suitability or otherwise of the chosen arrangements. You must also promptly update us of any changes that may occur after booking but prior to departure. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we must reserve the right to inform you of this. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking. If you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.
6. Pricing for the Arrangements
6.1 We reserve the right to amend the price of any unsold and available retreat spots at any time or correct errors in the prices of confirmed arrangements.
6.2 The price of your confirmed arrangements is subject to variations which occur solely as a direct consequence of changes in:-
(6.2.a) the price increase of service components or arrangements offered by the TSP(s) in the destination for reasons beyond their direct control; or
(6.2.b) the level of taxes or fees or surcharges or levies on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, such as tourism taxes and levies, landing taxes or embarkation or disembarkation fees at ports and airports imposed by local, regional or national agency or government; or
(6.2.c) the foreign exchange conversion rates applicable to the purchase or refund of your booking.
6.3 Price variations will be calculated by applying the cost differential we experience as a result of the above factors and these additional costs will be charged to you. If you have to pay an increase of more than 10% of the price of your arrangements (excluding any insurance premiums, cancellation fees, amendment charges or additional services), we will offer you the options listed under Clause 8.
6.4 For a pricing variation exceeding 10%, we will make a full refund, deducting the deposit from what is owed to you.
7. Changes and Cancellations by You and Applicable Charges
7.1 If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of the arrangements, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking, we will treat this as a cancellation by you.
You may cancel your booking 45 days or more prior to the Arrival Date (following the process outlined here in clause 7).
Charges in the event of a Cancellation
7.2 In the event of a cancellation by you, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums or deposit(s) or any amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
- 45 days or more before Arrival Date – Deposit only ₤ 500 (non-refundable)
- 44 days or less before Arrival Date – 100% of the total cost of your arrangements
If the reason for your cancellation (For Any Reason) is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Covid 19 Cancellation Policy – in the event of a substantial increase in Covid case numbers at destination
7.3 You understand you are taking a risk that circumstances may change following the confirmation of your booking. We recommend that if you have booked the retreat and are concerned about a potential order to isolate or otherwise ‘lockdown’, which may affect your ability to attend, that you start to reduce the time you spend in busy areas such as restaurants, clubs, bars, public events etc at least 3 weeks before the date of your departure to minimise this risk. Please note that if you do contract Covid prior to the retreat or you are required to self-isolate owing to having been in contact with an infected person or are required by a relevant authority to otherwise ‘lockdown’, or as a consequence your general health prevents you from participating, this means you are unable to attend the event and you will be charged cancellation as follows:-
- 45 days or more before Arrival Date – Deposit only ₤ 500 (non-refundable)
- 44 days or less before Arrival Date – 100% of the total cost of your arrangements
If the reason for your cancellation (Covid or For Any Reason) is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Charges in the event of a Change
7.4 In the event we can meet your requested change, you will have to pay One Thousand British Pounds (₤ 1000) per alteration per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by us and any costs or charges incurred or imposed by any of our TSP(s). Amendments may include changing the number of guests (reduction or addition), a retreat location, event or activity locations, date change and participant details (this is not an exhaustive list and there may be other amendments which incur this), and if the change is within the cancellation terms above.
Requests for amendments must be made at least 6 weeks before the Arrival Date. If we are unable to make alterations/amendments as you requested (for example due to being booked up, or we are unable to sell your space) and you do not wish to continue with the booking, then our cancellation charges (above) apply.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% for that part of the arrangements in addition to the charges above.
7.5 Since your arrangements are a package and if you or any member of your booking party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than 30 days before departure and you pay an amendment fee of One Thousand British Pounds (₤1,000) per amendment and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our TSP(s)s. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for the participant(s) not travelling, or for any unused services. Please note that in some activities TSP(s) or the local authorities will not permit name changes once passport details have been supplied for entry purposes. In such situations, transfer of booking either entirely or for those select activities, may not be permitted.
7.6 You may cancel your booking 30 days prior to the Arrival date (following the process outlined here in clause 7) in the event that (i) amounting to unavoidable and extraordinary circumstances (as set out in Clause 9) are occurring at the place where your arrangements are due to be performed or its immediate vicinity and; (ii) if the performance of your arrangements will be significantly affected by those unavoidable and extraordinary circumstances. In this event, you will receive a refund without undue delay of any payments made but this the maximum extent of our liability and we regret we cannot meet any other expenses or losses you may incur as a result
7.7 Any refund if applicable or due to you may take up to twenty eight (28) working / business days to process.
8. Changes and Cancellation by Us
8.1 Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, unless that lack of conformity is attributable to you. Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of Clause 12.
Changes and cancellations before departure
8.2 Most changes will be insignificant, and we reserve the right to make them. If we make an “insignificant change” to the main characteristics of any arrangements, we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about every (or indeed any other) insignificant change. We have no other responsibilities (such as reporting or communicating duties or otherwise) to you in respect of any insignificant changes. For instance, please note that the replacement of one or both tour guides on a tour with leaders having the same level of experiences as those originally advertised will amount to an insignificant change, same for changes to dining venues or any of the activities etc.
Occasionally, we may have to make a “significant change” and we reserve the right to do so. A significant change is one where we significantly alter any of the main characteristics of your confirmed arrangements. If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
Options on significant change or cancellation:
(8.2.a) (for significant changes) agreeing to the changed arrangements,
(8.2.b) accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid; or
(8.2.c) accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).
You must notify us of your choice within Two (2) days of our offer. If you fail to do so, we will make the best choice for you and proceed with the option of accepting the significant change on your behalf (8.2.a) or making alternate arrangement of comparable standard (as per 8.2.c).
Subject to the exceptions detailed below and where your arrangements are a package, we will where appropriate, pay you reasonable compensation, subject to the limitations and exclusions in section B of Clause 12.
Changes due to Covid 19 and changes in government guidelines: After booking, changes in the information we send out about the retreat may be subject to change due to Covid 19 or due to the government guidelines changing at any time. The documents we send you are a working document and subject to change. The Wellness Curators will inform you at the beginning of the retreat of any changes to the programme through the literature that we give to you during the welcome meeting at the start of the retreat so that everyone can adhere to the new guidelines.
8.3 We will not pay you compensation where:-
(8.3.a) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
(8.3.b) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in Clause 9;
(8.3.c) we cancel your arrangements no later than 35 days before they are due to start because the minimum number of participants (i.e. Twelve (12) participants) required to run this retreat has not been met.
8.4 We will not make a price reduction or pay you compensation, and the above options will not be available where:-
(8.4.a) we make an insignificant change;
(8.4.b) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
(8.4.c) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations to package arrangements after departure
8.5 If we become unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. Where our original agreement included return transport, we will also provide you with equivalent transport back to your place of departure without undue delay or additional cost. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate.
8.6 Any refund if applicable or due to you may take up to twenty eight (28) working / business days to process.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
9. Unavoidable and Extraordinary Circumstances
9.1 Except where otherwise expressly stated in these T&Cs we will not be liable for any damage, loss, costs or other expenses incurred by you – or pay you compensation – where the performance or prompt performance of our contractual obligations to you are prevented, or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of unavoidable and extraordinary events.
9.2 Unavoidable and extraordinary events are events that neither we nor our TSP(s) of any service(s) in question could, even with all due care, foresee or avoid. Such events include, without limitation, war (whether actual or threatened), civil unrest, riot, strife, terrorist activity and/or its consequences or the threat of such activity, health risks, infectious disease, epidemics and pandemics and government measures to combat such outbreaks, the act of any government or other national or local authority or the act of any airport, port or river authorities, unforeseeable technical problems with transport, airport, port or airspace closure restriction or congestion; flight or other travel restrictions imposed by any government, regulatory authority or other third party; industrial dispute, sanctions, lock closure, natural or nuclear disaster, fire or wildfires, flood, adverse weather, sea, ice, land, air or river conditions, volcanic eruption, chemical or biological disaster, and any event or similar events outside our or the TSP(s) direct control. Advice from the Foreign Office(s) to avoid or to leave a particular country and the risk level of such advice, may also determine and constitute unavoidable and extraordinary circumstances.
10. Complaints and Dissatisfaction
10.1 If you experience any difficulty during your retreat, please inform us immediately in writing and without undue delay so that we can take steps to assist you or put things right. We cannot accept any liability whatsoever if we are not informed immediately in writing, of any problem during your stay, in order to give TOE Staff, the opportunity to remedy any issues raised.
10.2 If the issues raised have not been reasonably remedied during the retreat, you should contact us by emailing retreat@theodisseanexperience.com and put in writing the reasons for your complaint within Two (2) days of your return. We will reply within fourteen (14) working / business days of receiving your complaint following our due diligence in investigating the detail of the complaint to enable us to give you an appropriate resolution that is fair and reasonable. Failure to follow the procedure set out in this clause may affect ours and the TSP(s) ability to investigate your complaint, and could affect your rights under our contract.
11. Your Responsibility
11.1 It is your responsibility to arrive at places stated in your itinerary at the correct date(s) and time(s) and to reconfirm your return flight and departure time. The Company has no liability whatsoever to you for your failure to do so.
11.2 You must act and behave in an orderly, reasonable, tolerant, inclusive and responsible manner toward any other person(s) you meet or interact with during the course of your arrangements and not disrupt the enjoyment of other guests in the general spirit of the retreat. If in our reasonable belief or opinion (or in the reasonable belief or opinion of TOE Staff, general Staff, Wellness Curators or Wellness Instructors, or any person in authority related to the arrangements) your behaviour is jeopardising the safety of the Organisers, TSP(s), other Participant(s), the general public or property therein or good order and discipline at the retreat; or is causing or is likely to cause distress, danger, upset, damage or annoyance to anyone or property or any party(ies) (including being rude, threatening or abusive, violent, aggressive, upsetting, discriminatory, prejudicial, annoying or disturbing others); or to cause a delay or diversion to transportation, services or arrangements; or your behaviour is upsetting to other participants; we are entitled, without prior notice, to terminate your arrangements immediately.
11.3 In the event of such termination, our responsibilities to you will cease and you will be required to leave the retreat immediately. We will have no further responsibility or obligations to you and will not meet any expenses, costs or losses incurred as a result without limitation, any return travel arrangements, the costs of cleaning, repairing, or replacing property lost, damaged, or destroyed by you, compensating any participant, staff, or third party(ies) affected by your actions and any costs incurred for the purpose of removing you from the retreat. No refunds or price adjustments will be made as a result of such termination.
11.4 If you cause damage to the accommodation in which you are staying or to any premise or property in the destination, you will personally be required to pay for loss or damage caused by your actions, prior to your departure from the retreat. You must personally fully reimburse the hotel or property, or party(ies) concerned for the cost of such damage. You accept full responsibility for any and all damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation or to us or to any of the affected party(ies) as applicable, and as soon as informed to do so. If the actual cost of the loss or damage exceeds the amount paid (where initially estimated), you must pay the difference immediately once informed. If the actual cost is less than the amount paid, the difference will be refunded to you. If you fail to do so, you will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) and you must also indemnify us for the full amount of any claim (including all legal costs) made against us by the hotel or any third party as a result. You should ensure you have an appropriate insurance cover to protect you in such situation(s).
11.5 We do not take any responsibility or accept any liability of any kind for the actions or behaviour of any participant or any individual or parties connected directly or indirectly to the arrangements or for how such actions or behaviour may impact your experience of the arrangements and your booking or with us.
11.6 As a participant, you shall at all times comply with our behavioural requirements which include, but may not be limited to, the following:
(11.6.a) ensure that you follow and be on time for all the activities mentioned in the itinerary (or the retreat programme provided on arrival);
(11.6.b) ensure that you comply with any Covid-19 requirements, or any other instructions or requirements communicated to you;
(11.6.c) ensure that you take into account your personal safety whilst in destination so as not to put yourself (or others) at unnecessary risk including, without limitation, ensuring you do not go out alone or venture away from the retreat venue (hotel) or the participant group; if you leave the retreat venue (hotel) on your own you take adequate personal safety precautions at all times; and you do not put yourself in any risk situations;
(11.6.d) ensure that at anytime during the retreat you are not intoxicated or under the influence of any drugs, or other illegal or dangerous substance(s);
(11.6.e) you need to always be aware of your behaviour and actions (and of those around you) in the context of the surroundings and the purpose of your visit to the destination;
(11.6.f) respect a no-smoking policy at the retreat or if needed ensure smoking only in designated smoking zones for the benefit of other participants and to prevent any smoke/fire hazards;
(11.6.g) ensure that you wear seat belts during all transportation while in the destination;
(11.6.h) ensure that you comply with all relevant laws at the destination.
(11.6.i.) ensure that you, or persons associated with you, never threaten, physically harm, verbally abuse, demean, seek to demean, provoke, or intimidate other participants and/or TOE Staff and/or Staff and/or Wellness Curators and/or Wellness Instructors and/or Guides. We expect you and any accompanying participants on your booking to treat all such individuals (i.e. other participants and/or TOE Staff and/or Staff and/or Wellness Curators and/or Wellness Instructors and/or Guides) with politeness, respect, dignity, civility, and courtesy. We kindly advise you that we take such matters very seriously.
11.7 We would respectfully request that you turn in for the night no later than eleven (11) pm local time in the destination as the following day’s schedule starts at 7am (daily). You are reminded that the emphasis of the retreat is on your wellbeing, and while you are free to choose your preferred activities within the programme or opt out if you choose to do so, you should participate as fully as possible in all scheduled activities to receive all the benefits and inclusions provided at the retreat.
12. Our Responsibility
Where we refer to a ‘price reduction’ in this Clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section 12.B of this Clause.
12.A. In relation to the Arrangements
12.1 We accept responsibility as an “Organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our contractual agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to section 12.B of this clause. Please note that it is your responsibility to show that we or our TSP(s) have been negligent if you wish to make a claim against us.
12.2 We have a duty to select the suppliers of the services i.e. TSP(s), making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of such services, except in cases where it is proved that we have breached that duty and damage to you have been caused. Therefore, providing we have selected the suppliers i.e. TSP(s) using reasonable care and skill, we will have no liability to you for anything that happens during the arrangements or services in question or any acts or omissions of the TSP(s), or their Staff or agents or representative(s) or affiliates.
12.3 Please note that it is a condition of our acceptance of the responsibility above that you inform us in writing, and the TSP(s) concerned while at the destination and without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please refer to Clause 10 for how to report such matters or to make a complaint.
12.B. Limitations and Exclusions of Responsibility
In these terms and conditions, our responsibilities are limited, and the duty to pay compensation is limited as follows:-
12.4 We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, loss of enjoyment, damage, expense, cost or other sum or claim of any nature or description whatsoever which results from:
(12.4.a) the act(s) and/or omission(s) of the person(s) affected; or another/any member of your participant group or party; or
(12.4.b) the act(s) and/or omission(s) of a third party unconnected with the provision of the arrangements in your booking and which were unforeseeable or unavoidable; or
(12.4.c) unavoidable and extraordinary circumstances which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken as set out in Clause 9;
(12.4.d) any loss or damage you incur that relates to any business activity (including without limitation to loss of income, profit or incurred expenses);
(12.4.e) any loss or damage that relates to any services that you may have entered into separate contractual arrangements for with other travel providers/suppliers and which do not form part of our Contract (this Contract) with you (including, without limitation, any additional services or facilities booked and arranged by you directly, including any meals, activity, flight tickets, ferry tickets, any type of transport services, tour or excursion, you purchase before or during your travel from any third party) and/or any services provided where you are staying (such as the venue hotel) or at any facility at the destination, such as water sport providers, beach vendors, shops, massage and other spa therapies, sporting facilities, coffee shops, cafes, bars, restaurants;
(12.4.f) any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to it being confirmed, we could not have foreseen you would suffer or incur if we breached our Contract with you; or that relate to any business, or any damage, loss or expense or other sum(s) of any description pursuant to Clause 13.
12.5 Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors such as (but not limited to):-
(12.5.a) Whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(12.5.b) The extent to which ours or TOE Staffs or TSP(s) or their employees or representatives negligence affected the overall enjoyment of your arrangements. Furthermore, our Contract with you and the laws and applicable standards of the country in which your claim or complaint occurred will be used as the basis for reviewing your compliant. If the particular arrangements which gave rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the arrangements will be treated as having been properly provided. This will be the case even if the travel services did not comply with the laws and standards of the UK, which would have applied had those services been provided in the UK.
(12.5.c) The deduction that we must make to take account of any money which you have received or are entitled to receive from any TSP(s) or hotelier for the complaint or claim in question. Where any payment is made by us, the person(s) receiving it must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(12.5.d) Flights: Based on you making your own flight arrangements, under the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details are available from the applicable airline. Any reimbursement in such cases will not automatically entitle you to any refund or price reduction or compensation from us. Your right to a refund and/or compensation from us is set out in these booking conditions.
(12.5.e) Luggage or personal possessions and valuables in luggage or personal possessions: The maximum amount you may receive in respect of any claim for loss of and/or damage to any luggage or personal possessions or valuables is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(12.5.f) Claims covered by an International Convention: We rely on the terms and conditions contained within any applicable International Conventions. The extent of or the conditions under which compensation is to be paid or liability accepted will in all cases be limited similar to if we were a hotelier under the appropriate Conventions.
(12.5.g) Any other claims which don’t involve injury, illness, damage or death caused by us or the TSP(s), intentionally or negligently, shall be limited to a maximum of £ 5,000,000.00 (excluding any amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under any conditions or regulations or international conventions. This maximum amount may only be applicable and payable where everything has gone wrong, and you or your party has not received any benefit at all from your arrangements.
(12.5.h) Assistance in the event of difficulty: Where you have booked arrangements, we will endeavour to provide appropriate assistance without undue delay in the event that you or a person in the booking experience difficulty whilst in destination. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to assist with any alternative travel arrangements or services. We will charge a reasonable fee for such assistance if the difficulty is caused by you or a person in the booking intentionally or as a result of your action, negligence or omission. In the event such assistance is needed please contact retreat@theodisseanexperience.com
12.6 We cannot accept any other liability for any damage, loss, expense, or other sum(s) of any description which did not result from any breach of our Contract with you or other fault by ourselves or TOE Staff.
13. COVID-19
13.1 You acknowledge that you are choosing to travel in a world where you may be exposed to COVID-19 and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst in the destination. We will have no liability for any refunds, compensation, costs, expenses, or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
(13.1.a) If you, or anyone in your booking, test positive for Covid-19 and have been directed by the responsible authority(ies) to not undertake travel, or are required to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must declare this to us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
(i) You may transfer your place on the booking to another person nominated by you, subject always to the requirements of Clause 5 and Clause 7; or
(ii) Cancel your booking, in which case our standard cancellation charges shall apply as of the date we receive notice of cancellation from you. You may be able to claim these charges back from your travel insurance if you have Covid 19 and/or Cancel for any reason insurance cover; or
(iii) We may offer you a credit towards our next retreat, whenever it is announced. We will notify you of any impact to the price the postponement may have, whenever the future retreat offer is made available. Please note that you may still have to pay full or partial cancellation charges on elements of this booking as well and any increase in cost depending on the offer price of the new offer. No refunds of any kind will be offered in such situation.
(13.1.b) If this happens whilst you are in destination, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your booking, missed fight booking, missed arrangements included in our offer, any additional accommodation required (either in destination or in the UK or arrival), or other associated direct or indirect costs incurred by you. You must ensure you have adequate and appropriate insure cover for such situations.
(13.1.c) You fail any tests, checks or other measures imposed by TSP(s), airline, port or airport, border control authority or other government body or any authority(ies) or fail to submit for testing or assessment when requested to do so and, as such, you are denied entry to board the flight, entry to the destination, access to the arrangements, or you are otherwise unable to proceed with your booking, or a portion of your booking.
13.2 You also acknowledge that the TSP(s) providing your arrangements, including hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of facemasks by Staff (and you may be required to wear a facemask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options, limited food/drink availability and amendments to the usual or normally expected safety standards and procedures. We do not expect these measures to have a significant impact on your enjoyment of your booking and all measures will be taken with the purpose of securing your safety and those around you.
14. Package Travel and Linked Travel Arrangements Regulations 2018
Our offer excludes any air travel arrangements (Flight tickets). The arrangements we offer is a “package” within the meaning of the “UK Package Travel and Linked Travel Arrangements Regulations 2018”. Therefore, you will benefit from various rights under applicable laws applying to packages. We will be fully responsible for the proper performance of the package as a whole.
For more information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018, refer to: https://www.legislation.gov.uk/uksi/2018/634/contents/made
15. Security of Arrangements
15.1 Where we are considered as “package organisers” for this retreat, we will still be acting as an “agent” and your contract(s) will be with the individual TSPs providing the service(s). However, as package organisers, we will be responsible for the performance of the travel services included in your retreat package, irrespective of whether those services are to be performed by other TSPs. We have obtained Tour Operator Liability Coverage towards providing these arrangements, through our policy number HCCI/088843/00/2024 issued by Tokio Marine HCC of HCC International Insurance Company PLC, Fitzwilliam House, 10 St. Mary Axe, London, EC3A 8BF. If any of the travel services are not performed in accordance with the terms of this Contract and we don’t put that right, we may be liable to offer you compensation, but within the limits of the law and the terms of these booking conditions.
15.2 Any air travel (Flight tickets) you arrange is not covered under the above regulation, unless you book your flights from an ATOL or ABTOT approved provider to have protection for your flights, or you may book with the airline directly and secure travel insurance to cover for your repatriation in the event of the air travel providers’ insolvency.
16. Passport, Visa and Immigration Requirements, and Health Formalities
16.1 It is your responsibility to check, fulfil and comply with any travel, passport, visa, health, vaccination, testing or immigration requirements applicable to your arrangements and flight itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your Family Physician as applicable. Requirements do change on a regular basis, and you must therefore continually check and monitor the requirements up to your date of return, both in regard to the destination to which you are travelling to or through and any requirements on your return to the UK.
Up-to-date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
16.2 Most countries now require passports to be valid for at least 6 months. If your passport is in its final year, you should check with the Embassy of the destination.
16.3 British and Non-British passport holders, including EU or Non-EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you may be travelling.
16.4 We do not accept any responsibility if you cannot travel or incur any other loss (direct or consequential) because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
17. Airport Transfers & Other Transport
17.1 Whilst we will arrange for private car transfers as stated in our offer, it may sometimes be necessary to combine, on certain transfers, participants arriving or departing together up to a maximum of 3 participants per car. Private transfers will be arranged by our TSP using specialist local contractor(s).
17.2 For all other transport, minivan(s) or minibus or bus will be arranged by our TSP using specialist local contractor(s).
18. Lost or Stolen Property
We will not be held responsible for any theft, damage, destruction or loss of your property or belongings or personal possessions from the retreat venue, programme event locations or transport vehicles or while using the facilities of any TSP(s). Whilst we will endeavour to ensure the security of guests’ personal possessions, we cannot guarantee it. Each participant is responsible for the safety of their personal possessions, valuables, documents and electronic or other equipment. No responsibility or liability is or will be accepted in respect of such items. All participants should ensure their health and possessions are covered by personal travel insurance.
19. Photography, Media and PR
19.1 We take the data privacy of our guests very seriously and are committed to abiding by the associated governing laws. Please be notified when you book with us, you give us permission that any images or video footage taken during your retreat and/or captured or shared by other retreat participants or any media you have shared (via, but not limited to, social media, surveys, feedback, reviews etc.) will be used by us for marketing purposes.
19.2 You consent to us having permission to publish these photos or videos without charge (whether current or in the future) along with your details (limited to your first name only, location city and date) for marketing purposes including, but not limited to, on our website, social media, email marketing, promotional materials, marketing collateral materials, and any other marketing channel.
20. Excursions, Tours, Sightseeing and Experiences (the Activities)
20.1 We may provide you with information (before departure and/or when you are in the destination) about activities included in the arrangements. These are operated by TSP(s) or other third parties who are entirely independent of us. We have no responsibility of such activities which are neither run, supervised, controlled in any way by us, even where we suggest or use particular TSP(s)/other third parties for booking such activities. We cannot guarantee accuracy of the information given in relation to such activities or about the area(s) you are visiting generally or that any particular activity(ies) will take place as advertised, since these services are not under control. We shall not be responsible or liable for the provision of any such activity or for anything that happens during the course of its provision by the TSP(s).
20.2 Where we are unable to operate an activity for reasons beyond our or TSP(s)’ control due to bad weather or any other unforeseen or sudden developments, we will endeavour to offer an alternate experience for your enjoyment. No refunds will be made for any substitutions or itinerary changes or activity changes under such circumstances. Day to day itinerary elements of the arrangements is subject to change without prior notice.
21. Data Protection and Privacy
21.1 In order to process your booking and to ensure that your arrangements run smoothly and meet your requirements, we need to use the personal information you provide not limited to name, address, contact details, other personal information captured through questionnaire(s), and any special requests, dietary requirements, etc. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
21.2 We are required to pass such information on to the relevant TSP(s) including to the hotel, venues and transport companies. The information may be required by and provided to security or financial institutions (for processing payments), public authorities such as customs, border control and immigration if required by them, or as required by law.
21.3 Your personal data may be stored, used and otherwise processed within the UK and/or any other country/ies of the European Economic Area (EEA). We may also store, use or otherwise process personal data outside the UK or EEA. Data protection laws may not be as strong outside the UK or EEA as they are in the UK or EEA. Personal data will not be transferred to a country outside the UK or EEA unless (1) the country to which it is transferred is one which the UK or European Commission considers to provide an adequate level of data protection or (2) the personal data is transferred to a United States company which has signed up to the Safe Harbour scheme or (3) the personal data is transferred to a company which is required by our contract with them only to deal with the data in accordance with our instructions and to maintain appropriate security to protect the personal data which we are satisfied they have or (4) we are obliged to provide the personal data to a government / public authority in order to provide your arrangements. We will not, however, pass any information onto any person who is not responsible for part of your arrangements or as we are legally obliged to do.
21.4 This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If we cannot pass this information to the relevant TSP(s) (whether in the UK or EEA or not), we cannot confirm your booking. In making this booking, you consent to this information being passed on to relevant person(s) or party(ies). If you have booked using our website, please ensure that you have read our Privacy Policy.
21.5 Our Privacy Policy sets out what personal data we collect about you, how and why we use it, who we disclose it to, and how we protect your privacy in accordance with the UK GDPR.
21.6 If you would like a copy of some or all of your personal information, please email us retreat@theodisseanexperience.com or write to us at Director General’s House, 15 Rockstone Place, Southampton, England, SO15 2EP. We will endeavour to ensure your personal information is accurate and up to date and you may contact us to correct or remove information you think is inaccurate.
22. Variation
These T&Cs may be varied by us at any time and at our sole discretion with or without prior notice. Any updated or new booking conditions that will be published on our website will have immediate effect.
23. Jurisdiction and Applicable Law
These T&C’s and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your agreement or booking will be dealt with by the Courts of England and Wales only.
24. Miscellaneous Provisions
The Booking Terms and Conditions, including the Assumption of Risk and Release of Liability Provisions set forth, shall in all respects be interpreted, enforced, and governed under English laws. In the event of any dispute arising hereunder, the exclusive venue shall be a court of competent jurisdiction in England & Wales. You agree that these Terms and Conditions (T&Cs) shall be binding upon and inure to the benefit of your heirs, personal representatives, successors, and assigns, and shall inure to the benefit of The Odissean Experience Ltd (TOE) and its successors and assigns.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY PROVISION
I intend to participate in the retreat (the “The Minoan Odyssey Retreat”) by The Odissean Experience Ltd (the “Organizer” hereinafter referred to as “TOE”), including any activities or services available to and selected by me during my stay at the destination (Crete).In consideration for my participation at the retreat, I hereby agree as follows:
I am responsible for reviewing and understanding all relevant information regarding the Retreat, including but not limited to the itinerary and any information provided to me by the Organizer. I acknowledge and agree that my decision to participate in the Retreat is voluntary and that I have reviewed and understood all the information about the Retreat, including but not limited to the itinerary, wellness programme, terms and conditions, travel information provided to me by the Organizer, etc. I further agree that I have had an opportunity to ask the Organizer any questions about the Retreat.
I understand and acknowledge the Retreat is considered adventurous in nature, involving international travel and activities including but not limited to spending time outdoors and in nature, yoga, pilates, walking, swimming, fitness training (moving naturally, low intensity exercises), stretching, sailing, sightseeing and city tours, cooking activity on tour, attending wellness workshops, participating in healing sessions (sound therapy or others), vineyard visit, or any other event participation during the retreat (the “Activities”).
I understand acknowledge that there is risk, inherent or otherwise, of injury, illness, accident, or death, when I choose to participate in the Retreat and/or any Activities available at or during the Retreat, and that such risk cannot be eliminated without changing the nature, value, and appeal of the Retreat and/or the Activities. I acknowledge and voluntarily assume all risk of accident, injury, illness, death, or damage to my person (and that of any person included in my booking) which may be caused by, incurred from or in any way related to my participation in the Retreat and/or the Activities.
In consideration for my participation in the Retreat, I, on behalf of myself and my heirs, executors, administrators, assigns, and any and all other persons claiming by and through me, hereby covenant not to sue and fully and forever release and discharge TOE and its officers, directors, shareholders, agents, members, employees, former employees, advisors, contractors and representatives (hereinafter collectively referred to as “TOE and Representatives”) from any and all claims, demands, damages, losses, actions, suits, causes of action, debts, costs, expenses, attorneys’ fees, judgments, and any and all other liabilities that may arise from my participation in the Retreat and/or any available Activities. This release extends to claims arising from any cause whatsoever, including but not limited to negligence of TOE and Representatives, breach of contract, and/or product(s) or service(s) liability, excepting gross negligence or intentionally wrongful conduct. TOE shall not be liable for any indirect, special, incidental, or consequential damages or loss.
I hereby agree to hold harmless and indemnify (that is, defend and pay, including costs and attorneys’ fees) TOE and Representatives from liability for any claim, including damage to property or personal injury, accident, illness, or death, of any third party (including co-participants) arising form or in any way related to my participation in the Retreat and/or the Activities. This indemnity includes claims arising from negligence (excluding gross negligence or intentionally wrongful conduct) of TOE and Representatives.
In the event of an emergency resulting from, arising from, or in any way related to my participation in the Retreat or Activity, I hereby authorise TOE and Representatives to secure from any hospital, physician, or other medical provider selected by TOE any treatment deemed by such healthcare provider as necessary for my immediate care, including but not limited to hospitalisation, anesthesia, surgery, or injections. I agree that I will be solely responsible for the payment of any and all medical services rendered to me pursuant to this. TOE will also make reasonable efforts to contact the individual I provided as my emergency contact.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS, INCLUDING THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK. I HAVE SIGNED IT FREELY AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD INVALID, THE REMAINING TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.