Please read the following terms and conditions carefully. These terms and conditions apply to your booking with Creative Empire Pty Ltd (Yoga Festivals Australia, we, us). By making your booking you are irrevocably agreeing to enter a contract with us on these terms and conditions. That contract becomes binding immediately on our confirmation of your booking.

All advertised retreat prices are subject to availability and can be withdrawn or varied by us for any reason without notice prior to booking and payment of deposit. Prices are quoted in Australian dollars.

We may increase the price of your booking at any time before your booking is paid in full to reflect any changes in our costs related to your booking which are beyond our reasonable control, which may include (without limitation) exchange rates fluctuations or changes in the price of third party providers.

We reserve the right to cancel any retreats up to 61 days prior to the scheduled trip start date. In this case, we will honor a full refund to all participants minus any payment fees and charges. You agree we will not be held liable for any other costs or losses incurred by you due to cancellation, including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

We will use reasonable endeavors to ensure booked retreats take place as advertised, however we reserve the right to change the venue of retreats for any reason and at any time prior to departure. In the event we change the venue of a booked retreat pursuant to this clause and the new venue is not suitable for you then you will receive a credit note under clause 6 equal to the price paid by you. You will not be entitled to a cash refund or any other remedy.

Our performance under these terms and conditions are subject to acts of god, war, government regulations, disaster, pandemic, civil disorder, strike or other industrial dispute and any other circumstances which are beyond our reasonable control and which we deem (in our sole discretion) render the performance of our obligations uneconomic, impractical, impossible or illegal (‘Force Majeure Circumstance’). At any time during or after a Force Majeure Circumstance we may (in our sole discretion) elect to terminate this agreement by notice to you and refund any amounts paid by you, less your deposit and our reasonable costs and expenses incurred in respect of your booking which we cannot reasonably recover.

A deposit must be paid before bookings will be processed. Payment of the deposit means you have accepted our terms and conditions. Deposits are non-refundable.

Unless otherwise indicated, the balance of the price must be paid in full no later than 30 days prior to the scheduled departure date or earlier. Full payment is required immediately if you make a booking within 30 days of the departure date.

In some circumstances we may offer payment plan alternatives. If we do, and you select that payment alternative, then you must make each payment by the due dates indicated (we will make these clear on the payment page).

Where full payment or any part thereof is not made by the due date, we may treat your booking as being cancelled by you. In that instance we will retain any applicable cancellation fees and refund the balance of your payment as a credit note in accordance with clause 6.

Should you pay a deposit for a retreat, the deposit is non-refundable. Subject to law, if you cancel your booking, or fail or are unable to attend a booked retreat, we will retain the following cancellation fees:

Cancellation fees will be deducted from your balance payment and the remainder (if any) will be refunded to you in the form of a credit note. You will not be entitled to a cash refund unless we are required by law to provide one. You are strongly advised to take out cancellation insurance at the time of booking.

All credit notes issued by us pursuant to these booking terms and conditions or otherwise are valid for use for 12 months from the date of issue. You are not entitled to a refund or any other remedy for any unused portion of an expired credit note. Credit notes are not transferrable to another person or redeemable for cash.

You must obtain travel insurance covering all dates and destinations of travel. Your insurance must cover at least: trip interruption, personal injury, medical expenses, evacuation and repatriation cover including during pandemic events. We also strongly recommend it covers cancellation, curtailment, travel delays, personal liability and loss of luggage and personal effects. You will be required to provide documentary evidence confirming that you hold the above travel insurance prior to departure. If you fail to provide such evidence, we may treat your booking as being cancelled by you and clause 4 will apply.

We will not be liable for any costs, losses or damage incurred by you resulting from your failure to comply with this clause and we recommend you purchase your insurance at or soon after booking your trip.

We make no representation or guarantees concerning reimbursement, scope of coverage, or other aspects of any travel insurance policy or claim.

You must also declare any health, medical or dietary issues and requirements to us at the time of your booking and where necessary update that information prior to departure and during the retreat. Based on your disclosures we may require you to provide a medical certificate confirming that it is safe for you to participate in a retreat. Despite your disclosures and any medical certificates provided, you are wholly responsible for your own health, safety and wellbeing at all times during the retreat, including during all activities.

You are free to stop or decline participating in any activity at any time for any reason.

You must also ensure that you are aware of any health requirements for your travel destinations and to ensure that you carry all necessary vaccination documentation. You should consult your doctor regarding health requirements for your destination and your suitability to participate in the activities provided.

9. EARLY RETURN, ILLNESS OR ABSENCE

Early return expenses are your responsibility. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. This includes but is not limited to missed hotels, transfers, meals or optional retreat extensions and activities. We urge you to purchase travel insurance which covers such circumstances.

10. ACCEPTANCE OF RISK

You acknowledge that a​​s is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. You acknowledge that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all yoga and exercise activities, and that your participation in any such physical training program carries with it the potential for death, injury, and/or property damage.

11. INDEMNIFICATION

To the fullest extent permitted by law, by booking you hereby agree to hold harmless, defend, and indemnify Creative Empire Pty Ltd and our officers, employees, agents and representatives from any and all claims made by me arising from death, physical or mental injury or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, activity or state of affairs that is or may be harmful or disadvantageous to you or that may result in harm or disadvantage to you due to your participation in the retreat.

To the fullest extent permitted by law by booking you hereby agree :

You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a retreat; and Any condition or warranty, which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar retreat to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

13. VICARIOUS LIABILITY

We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees, volunteers or representatives committed while off duty or outside the course and scope of their official capacity.

14. THIRD PARTIES

We contract with a network of companies, activity providers, accommodation providers, coach and transfer companies, tour and local guides, government agencies, yoga instructors, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.

You must ensure you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities for all locations forming part of your booking. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities are your sole responsibility. All travelers must have a valid passport for international travel. Many countries require at least 6 months validity from the date of entry. You release and indemnify us from all responsibility and liability for any refusal of entry, detainment, or other action of immigration or other government authorities which may occur to you in connection with a retreat.

16. TRAVEL

It is your own responsibility to acquaint yourself with all possible relevant travel information 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. (For up to date travel advice please contact the Department of Foreign Affairs and Trade or visit their website at www.smarttraveller.gov.au )

17. BAGGAGE AND VALUABLES

Participants should ensure that all baggage, valuables and other personal items are comprehensively insured. We shall not be liable for any loss or damage, of participant(s) baggage, valuables and/or person articles and valuables, the liability for which shall at all times remain solely with the passenger(s) and in this regard the participant(s) shall release and indemnify us from any claim or liability.

18. PROGRAM VARIATION

The right is reserved to add, withdraw or substitute presenters, activities, or events, and/or vary advertised programmes and event capacity.

By booking with us you acknowledge that we will collect, use and disclosure your personal information (including to our third party service providers) as we reasonably require to provide the service to you, and for other reasons permitted under privacy laws (including direct marketing). We have photographers and videographers documenting each retreat and uses and posts content on social media and in marketing and publicity material during and after retreats. You acknowledge and irrevocably consent to us using photographs of you and/or statements made by you during and after the retreat without payment or attribution on social media and in marketing and publicity material.

These terms and conditions shall be governed by the laws of Victoria and the parties submit to the jurisdiction of the courts in Victoria.

If any provision of these terms and conditions should be held to be invalid or unenforceable, in whole or in part, the validity of all other provisions of these terms and conditions (and any part of the subject provision which is not held to be invalid or unenforceable) shall not be affected and shall remain in force.

22. INTEGRATION

I understand that these Booking Conditions are the entire agreement between me and Creative Empire Pty Ltd and cannot be modified or changed in any way by representations or statements by any agent or employee of Creative Empire Pty Ltd.

We may make variations to these terms and conditions from time to time by notice to you.