TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”), WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
109 World designs and hosts retreats described on the 109 World website (the “Website”). By registering and paying your deposit for a 109 World retreat, you are agreeing to the terms of this Agreement. Please read this Agreement carefully before making a deposit or payment for a retreat. This Agreement may be supplemented by additional terms and conditions specific to your retreat (“Supplemental Terms”). In the event of a conflict between this Agreement and the supplemental terms, the Supplemental Terms will apply.
109 World, their respective employees, officers, directors, representatives, and instructors (collectively the “Released Parties”) will not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Suppliers, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, pandemics, epidemics, theft, or any other causes beyond their control. The participant waives any claim against the Released Parties for any such loss, damage, injury, or death. 109 World is not responsible for the acts or omissions of other parties.
1.Pricing and Inclusions: Quoted retreat prices are per person, triple occupancy except where indicated. Prices include programming, planning, handling, charitable donation, and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. We will not give a breakdown in the price of a retreat or its parts. Modification of retreat content size will not affect the published price.
2. Exclusions: Quoted retreat prices exclude: trip insurance; airfare between points on the retreat; international airfare, including airfare and other transportation to and from the retreat (unless otherwise noted); costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities to the retreat directors, drivers and guides; meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability).
3. Reservations and Payments: The retreat deposit amount is listed on the Website. The deposit is required in order to confirm your booking. Upon receipt of the deposit, 109 World will send you confirmation of your booking. Your final payment date is listed on the Website and will be listed on the confirmation. If a retreat is full, we will accept deposits on a standby basis. If space becomes available, you will have the choice of joining the retreat by paying in full or forfeiting the space in return for a refund of your deposit. Final payment is due sixty (60) days prior to departure unless otherwise indicated on the Website. If your reservation is made within sixty (60) days of departure, the entire cost of the retreat must be paid at the time of the request in order to secure confirmation.
If, for any reason, the balance (including any surcharge where applicable) is not received by the due date, we reserve the right to treat the booking as cancelled by you. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown under ‘Cancelation by You’ depending on the date we reasonably treat your booking as cancelled.
4. Retreat Fundraising Commitment: Please note that if your arrangements relate to a fundraising trip on behalf of 109 World charity then it is a condition of your participation that you meet the fundraising target set by 109 World. If you have failed to meet the fundraising target by four weeks before departure you will be liable to pay any shortfall between the amount you have raised and the target set. If you are unable or unwilling to pay any shortfall then we will be entitled to treat your booking as cancelled by you. In such circumstances the cancellation charges set out in Paragraph 7 will apply. If we do not cancel straight away because you have promised to make payment or raise additional sums, the charges set out in Paragraph 7 will apply on the date we then reasonably treat your booking as cancelled.
5. Travel Insurance: We strongly recommend that you purchase trip cancellation and medical insurance. 109 World will provide the insurance applications along with your booking confirmation. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
6. Single Travelers: Retreat prices are based on double occupancy. Single travelers who would like to have a private room will be expected to pay the supplement fee.
7. Cancellation by You: We must receive your cancellation notice in writing by email, and your cancellation date will be the date on which we receive your notice. Refunds will be handled as follows:
- If we receive your cancellation notice sixty-one (61) days or more from the retreat departure date, we will refund all of the retreat price, to the extent that you have made that payment, minus the security deposit.
- If we receive your cancellation notice sixty (60) days or fewer prior to the departure date, we will retain one hundred percent (100%) of the retreat price.
- We collect a security deposit to reserve your spot. This deposit is not refundable or transferable.
- If you paid your retreat in full, $700 of the retreat price is considered the deposit, which is not refundable or transferable.
- Any penalty imposed by an airline, including for airline service between points on the retreat (“Internal Air”) or travel to or from the retreat, is your responsibility.
Your decision not to participate in the retreat due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the retreat on the retreat departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future retreat, but you may join the retreat late if you wish.
8. Transfer Retreat Spot: You may transfer your place to someone else (introduced by you) if you are prevented from traveling, providing we are notified not less than 2 weeks before departure and subject to practicality of changing certain bookings made in your name. All costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result must be paid before the transfer can be effected. Any overdue balance payment must also be received.
9. Passports and Visas: You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements.
10. Cancellation, Changes or Substitution by Us: We will make commercially reasonable efforts to keep the Itinerary as it has been published; however, the final Itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the Itinerary. If a 109 World instructor or speaker cancels, 109 World will make every effort to find a replacement. You will not be refunded in whole or in part when 109 World is unable to find a replacement instructor or speaker.
We reserve the right to cancel any retreat because of inadequate enrollment that makes the retreat economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. If we cancel a retreat, our liability is limited to a full refund of your payments to us, minus the security deposit, and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances. If a retreat in progress must be interrupted or canceled, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the retreat. Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which we can reasonably be expected to have a major effect on your retreat. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:
- For significant changes – accepting the changed arrangements; or
- Booking an alternative retreat from us, of a similar standard to that originally booked if available. We will offer you at least one alternative retreat of equivalent or higher standard for which you will not be asked to pay any more than the price of the original trip. If this retreat is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the retreat we specifically offer you, you may choose any of our other then available retreats but you must pay the applicable price of any such retreat. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper;
Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel we will, where appropriate, pay you the reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:
- We are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control such as force majeure, the consequences of which we could not have avoided even with all due care.
No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
Very rarely, we may be forced by “force majeure” (see paragraph 18) to change or terminate your retreat after departure but before the scheduled end of your time away. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
11. Other Taxes and Fees: Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included in the retreat price unless stated.
12. Our website: The information contained in our website and in our other advertising material is believed correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking.
13. Baggage: We assume no liability for loss or damage to baggage in transit to and from a retreat or while on a retreat. We recommend purchasing a supplemental travel insurance package.
14. Children: Unless otherwise indicated in the retreat description or communicated directly with the participant, all retreat passengers must be at least ten (10) years of age. However, some activities contained within an Itinerary may have a different age restriction than the overall minimum age requirement, in which case details will be provided at the time of booking. We reserve the right to marginally exceed the published maximum group size on retreats to accommodate a family.
15. Suppliers Acts or Omissions: 109 World is responsible for arranging the travel services named in your Itinerary or otherwise to procure services or goods from third parties such as hotels and other lodging providers, local hosts, guides, bus lines, car rental companies, driving services, restaurants and providers of entertainment (the “Suppliers”). The Suppliers are solely responsible and liable for providing their respective services. 109 World assumes no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers. Suppliers, including transport operators, provide their services in accordance with their own terms and conditions. These terms may limit or exclude their liability to you in the event of death, personal injury, delay or loss / damage of personal possessions.
16. Conduct During the retreat: You are responsible for respecting the authority and following the directions of the retreat hosts and guides and the laws of the countries in your Itinerary during a retreat. We may exclude you from participating in all or any part of the retreat if, in our sole discretion, your condition or behavior renders you unfit for the retreat or unfit for continuation once the retreat has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of retreat services or may constitute a hazard or embarrassment. In such cases, we will not be liable for any refund. Should you decide for any reason not to participate in certain parts of the retreat or use certain goods included in the retreat, no refunds will be made for those unused parts of the retreat or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any minors traveling with you and (b) if you checked the box indicating that you are signing on behalf of yourself and your traveling companions, your companions’ claims that you were not authorized to agree to this Participant Agreement on their behalf.
17. Travel Advisories and Warnings: It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. State Department’s travel website at travel.state.gov or your respective country’s official travel advisories and warnings.
18. Force Majeure: In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemic, pandemic, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the retreat, acts of God, acts of government, war, terrorist acts, riots, disaster, epidemic, pandemic, weather extremes or strikes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel. You understand that health care standards, facilities and services abroad may be different or even inadequate for treating health conditions.
For information concerning possible dangers at foreign destinations, we recommend visiting the State Department’s Bureau of Consular Affairs’ website which lists each country’s Travel Advisory. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
The Foreign and Commonwealth Office also publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and www.fco.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.
19. Assumption of Risks and Release: If you participate in activities during your retreat, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all of these risks and dangers, and you hereby expressly agree to forever release, discharge and hold us and our instructors, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your retreat or participation in any activities in which you participate.
20. Active Elements, Medical Conditions and Special Assistance: By registering for a retreat, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Some of our retreats incorporate active elements such as hiking, yoga, and labor work; you are responsible for familiarizing yourself with the level of activity that will be involved in your retreat. You must disclose in your Participant Information Form (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the retreat or for which you may require medical attention or special accommodation during the Tour. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the retreat, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other participants.
21. Photography: We reserve the right to take photographs or videos during the operation of any retreat and to use the resulting photography, videos, or recordings for promotional or commercial use. By participating in a retreat, you agree to allow your likeness to be used by the Released Parties and 109 World without compensation to you. If you prefer that your likeness not be used, you must notify us in writing prior to departure of the retreat.
Copyright in all photographs, video, and related materials created by you during the retreat (“Retreat Materials”) will belong to you. You grant us a non-exclusive, worldwide, irrevocable license to use any Retreat Materials you provide to us in any media for editorial use, promotion of the editorial use, promotion of 109 World, or promotion of the mission of the Released Parties.
22. Venue and Waiver of Trial by Jury: You agree to present any claims against us within ninety (90) days after the retreat ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this Participation Agreement, the Website, or any other literature concerning your retreat or the retreat shall be resolved exclusively by binding arbitration in Boulder, Colorado, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by the substantive law of the State of Colorado. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Participant Agreement, including but not limited to any claim that all or any part of this Participant Agreement is void or voidable. RETREAT PARTICIPANT AND THE RELEASED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, OR OTHER COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL).
23. Governing Law: The parties irrevocably consent to the exclusive jurisdiction of any federal or state court located in the State of Colorado, County of Boulder, in connection with any action or proceeding arising out of or relating to this Agreement. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Colorado applicable to Agreements to be performed in the State of Colorado.
25. General: Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between this Agreement and the Itinerary, this Agreement shall control. All applications are subject to review and approval. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.