Terms and Conditions
The retreats described on this website are organised and operated by Michelle Freeman. These Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Michelle Freeman and yourself for the services provided by Michelle Freeman and set out the basis of your legal relationship with Michelle Freeman. By booking with us and paying the non-refundable fees per traveller for all trips, or full payment, you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions. Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email. If you have any queries regarding these Conditions or do not understand them, please raise your query with us.
1) PRICES AND VALIDITY To reserve a spot on a specified retreat, a non-refundable booking fee is required upon booking. After a confirmation has been emailed to you OR a representative from Michelle Freeman calls you to confirm your reservation, a courtesy hold requires payment within 3 working days to secure the reservation. Full payment (the balance) must be made within 30 days of the retreat start date. Airfares if applicable (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price.
2) YOUR TRIP AND ASSUMPTION OF RISK Michelle Freeman operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. By booking with us you acknowledge that participation in our retreats inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in an M’Bodied retreat involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate M’Bodied uses information from its local sources in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office and the US Department of State. It is your responsibility to accustom yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with Michelle Freeman you acknowledge your decision to travel on an M’Bodied retreat trip is made after due consideration of relevant travel information that may be made available at any time.
3) EXCLUSION OF LIABILITY Except where stated otherwise, Michelle Freeman acts as agent for service providers when making arrangements for your trip. Where Michelle Freeman provides services it will do so with due care and skill. Michelle Freeman is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by Michelle Freeman, any travel agent or other Representative, which has not been stated expressly on this website. Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by Michelle Freeman ‘Tour Leaders or other M’Bodied Retreats’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and Michelle Freeman makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any M’Bodied Retreats representative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases Michelle Freeman from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Optional Extras. Michelle Freeman will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the retreat (including pre and post accommodation) are entirely at your own risk and Michelle Freeman cannot and does not give you any assurance, representation or warranty in connection with any such arrangements. To the fullest extent permitted by law and subject to the exception set out below, Michelle Freeman does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of M’Bodied Retreats to comply with its obligations under this contract, or in respect of any other conduct that Michelle Freeman undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Michelle Freeman and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Michelle Freeman or its Representatives as a result of your participation in any trip. For these purposes, Michelle Freeman enters into these Booking Conditions as trustee or agent for its Representatives. To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. Exception The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
4) SUPPLIERS Hotels, shuttle services or other constituent elements of a Product will be arranged by Michelle Freeman with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. Michelle Freeman will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of Michelle Freeman will not exceed that of any supplier. All suppliers will be selected and assessed by Michelle Freeman in reference to local laws and regulations in the relevant country of operation. Neither Michelle Freeman nor any carrier is liable for the acts or omissions of any independent contractors.
5) CANCELLATION BY Michelle Freeman reserves the right to cancel a departure and will advise you of such cancellations no later than 28 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Michelle Freeman reserves the right to cancel a departure at any time. With any form of cancellation, Michelle Freeman will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Michelle Freeman (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). Michelle Freeman will not be liable for any additional costs incurred by you. Force Majeure Michelle Freeman will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Michelle Freeman and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
6) CANCELLATION BY YOU If you wish to cancel all or any part of your booking, notification of cancellation must be made to Michelle Freeman in writing. Cancellations are refundable minus the nonrefundable deposit at 50 % of the cost of the retreat if cancelled no later than 3 months from the start date of the retreat. After 3 months, cancellations will not be refunded. Bookings can be transferred to a third party for the for retreat date. Bookings are not transferable to future retreat dates. Cancellation Charges Due to the small nature of Michelle Freeman retreat dates at the 3 month to retreat date start will, forego 100% of the total cost. Your booking with Michelle Freeman is transferrable to a third party no later than 14 days prior to the retreat start date. Cancellation fees for air tickets issued by or on behalf of Michelle Freeman will apply as determined by Airline Tariff Regulations, and may vary as to the type of ticket issued. Depending on the reason for your cancellation, these charges may be recoverable under any insurance policy you purchased. Total payment for your booking is required within 30 days of retreat date. All money must be paid in full regardless of cancellations. Please consult your travel insurance provider for cancellation refunds. No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised.
7) BOOKING AMENDMENTS If you wish to change your booking in any way, the following fees will apply: 1. Transfer from one tour to another (if available) Amendment request received by Michelle Freeman 14 days or more prior to the original tour departure date: $50 per person per trip will be levied and must be paid prior to any transfer being confirmed. This fee is in addition to any non-refundable permits we may have secured for your trip. Amendment requests received by Michelle Freeman within 14 days prior to the original tour departure date: charges will apply as per cancellation fees. 2. Amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre and post-tour accommodation, transfers, etc), received by Michelle Freeman within 14 days prior to tour departure date will be subject to a $50 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines. 3. No amendments are permitted to your booking within 7 days of departure.
8) LATE BOOKINGS Bookings requests received by Michelle Freeman within 30 days before tour departure may require full payment before we can request a place on a tour. If we cannot confirm the booking we will refund you in full any monies paid to Michelle Freeman. Michelle Freeman will not be liable for any additional costs incurred by you.
9) CHANGES TO YOUR HOLIDAY You acknowledge that travelling with Michelle Freeman requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Michelle Freeman’s control or which simply cannot be foreseen. Michelle Freeman does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Michelle Freeman’s control. You acknowledge that group sizes may also vary during the duration of your tour. The information about trips given in this brochure, Trip Notes and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from Michelle Freeman, Michelle Freeman’s website or your travel agent. The information and conditions in the Trip Notes and Pre-Departure Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your travel agent of such changes.
10) AUTHORITY OF THE LEADER At all times the decision of the Michelle Freeman or representative (“M’Bodied Retreats Leader”) will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that M’Bodied Retreats Retreats Leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a M’Bodied Retreats Leader, or interfere with the well-being of the group, then the M’Bodied Retreats Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
11) COMPLAINTS If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Michelle Freeman or local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
12) TRAVEL INSURANCE Adequate and valid travel insurance is compulsory for all travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. Michelle Freeman also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by Michelle Freeman employees or suppliers. Michelle Freeman reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
13) PASSPORT AND VISAS It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with M’Bodied Retreats. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
14) HEALTH, FITNESS AND AGE LIMITS It is your responsibility to advise Michelle Freeman of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. If requested by Michelle Freeman, or our suppliers, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Michelle Freeman reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Michelle Freeman also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members. Generally, we do not allow travellers under the age of 18 years on M’Bodied Retreats scheduled itineraries. However we will occasionally make exceptions for under-18s travelling with their legal guardian. The decision for any person under 18 years of age to travel on our scheduled itineraries is at the absolute discretion of the management of Michelle Freeman. For further information please contact Michelle Freeman.
15) SEVERABILITY In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
16) REFUSAL OF SERVICE Michelle Freeman retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.
17) PUBLICITY You agree that Michelle Freeman may use images/video of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
18) PRIVACY In order to be able to supply a service to you, Michelle Freeman will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. Please call us on +61402941321for further information or refer to our website: http://www.michellefreemanyoga.com
19) GOVERNING LAW This agreement will be governed by and construed in accordance with the law of QLD, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of QLD, Australia as regards any claim or matter arising under this agreement.
20) UPDATING OF TERMS AND CONDITIONS The Company reserves the right to update and/or alter these terms and conditions at anytime, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions can always be found on the website www.michellefreemanyoga.com and will supersede any previous versions.