These are the conditions on which you travel with Seed and Spark Retreats. Please read them carefully as you will be bound by them. Seed and Spark Retreats accepts bookings subject to the following –
Seed and Spark Retreats acts as a co-ordinator for all persons taking the tour in the making of all arrangements for transportation, sightseeing and hotel accommodation. Seed and Spark Retreats does not own, manage, control or operate any transportation vehicle, any hotels and/or restaurants or any other supplier of services. All coupons, receipts and tickets are issued subject to the terms and conditions specified by the supplier and all services are subject to the laws of the country where the services are provided.
Seed and Spark Retreats assumes no responsibility for any loss or damage to baggage, property or for injury, illness or death or for any damage or claim howsoever caused including liability for consequential loss. The expression “howsoever caused” includes negligence on the part of Seed and Spark Retreats, its servants or agents.
Seed and Spark Retreats will not accept responsibility to or liability for any traveller who contravenes any law or regulation of any country visited. Travellers detained as a result of infringement of any law or regulation of any country may be excluded from the trip, without the right of refund or any other claim.
Nothing in these conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.
Travel insurance is mandatory for all Seed and Spark Retreats tour passengers. Travellers must insure adequately for the full duration of their tour in respect to illness, injury, death, baggage and personal loss including (without limitation) any events causing their tour to be disrupted, diverted, delayed or cancelled. They must take out an appropriate personal travel insurance policy and provide proof of insurance and a copy of the policy with their final payment.
Whilst Seed and Spark Retreats will use its best endeavours to operate all tours as advertised, reasonable changes in the itinerary may be made without notice where deemed necessary or advisable by Seed and Spark Retreats in its absolute discretion, or where such changes are outside of the control of Seed and Spark Retreats.
Except as provided in Clause 11, no refund will be made for any services which are unused by the traveller and which are included in the tour price.
All payments, unless requested otherwise by Seed and Spark Retreats, are to be made in Australian currency.
All prices are subject to currency fluctuation and there may be increases in the cost of air travel, transportation or accommodation. Seed and Spark Retreats will give notice to the traveller prior to the commencement of the tour of any adjustment in price and such adjustment in price must to be paid by the traveller to Seed and Spark Retreats within seven (7) days of such notice.
No contract will exist between the parties until payment of the full amount due is received by Seed and Spark Retreats and a ticket has been issued by its supplier.
Seed and Spark Retreats may cancel a tour at any time if such tour is not fully subscribed or for any other reason it deems necessary (including, without limitation, on grounds of health and safety) and whether or not the cancellation occurs before or after the tour has commenced. If Seed and Spark Retreats cancels a tour at any time, its liability is limited to refunding the cost of that part of the tour that has not been completed at the time of cancellation.
Seed and Spark Retreats will not be required to refund any portion of the fare nor pay expenses of any nature whatsoever, including any transportation, medical or living expenses, of any traveller who leaves the tour prematurely for any reason whatsoever. If Seed and Spark Retreats incurs any expense on behalf of a traveller either at the traveller’s request or where it is necessary for Seed and Spark Retreats (acting reasonably) to incur that expense, the traveller will be liable to reimburse Seed and Spark Retreats for that expense on demand.
Where the traveller, in the sole opinion of the tour leader of Seed and Spark Retreats tour, is considered to be, or has become, unfit to travel for any reason whatsoever or is likely to endanger their health or safety of or impair the comfort of others on the tour, or seems likely to be refused permission to enter any point of the tour, then the traveller:
(a) may not be permitted to commence the tour;
(b) may be requested to discontinue the tour at any point of travel; and/or
(c) may be restrained and/or confined to accommodation or other controlled area
and in the event that one or more of these things occurs Seed and Spark Retreats:
(d) will have no liability to the traveller for any consequential damage, loss, expense, loss of time or inconvenience; and
(e) will not be required or have any obligation to repay or refund to the traveller any portion of the fare for the tour.
The traveller agrees that any independent contractor with whom Seed and Spark Retreats so contracts provides services subject to that contractor’s usual standard terms and conditions. The traveller acknowledges and agrees that services that are provided by contractors may be different to the description of those services given to the traveller by Seed and Spark Retreats; and that any description of the services by Seed and Spark Retreats is made in good faith and in reliance on information that Seed and Spark Retreats has received from that contractor or based on Seed and Spark Retreats past dealings with that contractor (or both). Any action, suit or proceeding arising out of or connected with this contract shall only be brought in the State of Victoria and all such proceedings shall be governed by the laws of the State of Victoria. Any claim must be notified in writing to Seed and Spark Retreats within twenty eight (28) days of arrival in the State of Victoria or of the date when the traveller first had knowledge of the material facts giving rise to the claim or action thereon must be commenced within one (1) year of such date. Unless these time limits are complied with, Seed and Spark Retreats shall be under no liability to the traveller whatsoever.
Any action, suit or proceeding arising out of or connected with this contract shall only be brought in the State of Victoria and all such proceedings shall be governed by the laws of the State of Victoria. Any claim must be notified in writing to Seed and Spark Retreats by the later of: (a) twenty-eight (28) days of arrival in the State of Victoria at the conclusion of the tour; and (b) the date on which the traveller first became aware (or ought reasonably to have become aware) of the material facts giving rise to the claim or action. Any action, suit or proceeding arising out of or connected with this contract shall only be brought within one (1) year of the date in (a) or (b) (as the case may be). Any action, suit or proceeding brought after that date will be barred, and Seed and Spark Retreats may produce and rely on these terms and conditions as a bar to any such action, suit or proceeding, and will have no liability to the traveller in that action, suit or proceeding brought after that date will be barred, and Seed and Spark Retreats may produce and rely on these terms.
Each traveller is advised to do the following prior to the commencement of a tour:
(a) obtain medical advice about the suitability of the tour having regard to the traveller’s health and medical condition;
(b) consult information published by the Australian Government for the time being about India and any particular places to be visited on the tour, including any travel advisories.
Each traveller is advised that these terms and conditions may be updated from time to time. Seed and Spark Retreats can provide a copy of the current terms and conditions upon request or they can be viewed on Seed and Spark Retreats website - www.seedandsparkretreats.com
Bookings accepted only after Seed and Spark Retreats receives payments of the full non-refundable deposit of 10% of the total tour price and issues to the traveller a confirmation of the payment. The balance of the tour price must be paid no later than sixty (60) days before the scheduled departure date, failing which Seed and Spark Retreats may treat the booking as cancelled by the traveller and forfeit any deposit paid.
All cancellations by the traveller must be received in writing and will take effect from the date received by Seed and Spark Retreats, in which event, the following cancellation charges will apply:
Up to 61 days before the scheduled departure date - Loss of deposit
Between 60 and 30 days before the scheduled departure date - 50% of the entire tour price
Between 29 days and the scheduled departure date - 100% of the entire tour price
Note: Please ensure you have travel insurance to cover you against any unforeseen circumstances which may arise after full payment is made.
Please contact Ali Barter or Ren Bowker if you would like to discuss any details of Seed and Spark Retreats
EMAIL: info@seedandsparkretreats.com