Terms & Conditions for Nova Retreats Inc. Travellers/Participants
Please read carefully and make sure you fully understand and are in agreement with the following Terms & Conditions. You will be required to agree to these Terms & Conditions as part of your booking process.
1. Your Booking is a Contract
When you (sometimes referred to as a “Participant” or a “Traveller”) book a trip with Nova Retreats Inc. (sometimes referred to as “we” or “us”), you will be deemed to have agreed to these Terms & Conditions. Moreover, your booking, together with (a) these Terms & Conditions and (b) the details regarding the trip for your chosen destination as listed on our website (collectively, the “Agreement) will constitute a legally binding contract between you and us. (Note: If you book a trip for multiple people traveling together, then all travellers in that booking will be deemed to have read and agreed to the Terms & Conditions, and to be parties to this Agreement.)
2. Deposit & Payments
A non-refundable deposit (per person) is required to reserve your spot (ie, a double room requires two deposits). Each retreat page will specify the deposit amount required.
After the deposit is submitted, 50% of the balance is due 180 days before the start date of your trip; the remaining balance is due 120 days before the start date of your trip. If the balance is not paid on or before the due date, Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, reserves the right to treat your booking as canceled, and your deposit will be forfeited.
All deposits and payments are non-refundable: no exceptions. Emergency Travel Medical Insurance, Trip Cancellation Insurance, & Trip Interruption Insurance is mandatory (please see Section 7).
3. Cancellation By Traveller
All deposits and payments are non-refundable: no exceptions.
If you cancel your booking up to 120 days before the retreat start date: your deposit (less a change/cancellation fee of €150 EUR or $150 USD depending on the currency of your booked trip) and all other payments may be transferred to another Nova Retreats Inc. trip (within one year of the current retreat start date), space permitting. Please note: if you make multiple changes each change/cancellation will result in an additional €150/$150 USD change/cancellation fee. You are also permitted to transfer to a different Nova Retreat OR transfer your booking to another interested party (the change/cancellation fee noted above will still apply).
If you cancel your booking between 91 days and 119 days from the retreat start date: you can avail of a one-time transfer of your payments (MINUS your €500 or $500 USD deposit) to another Nova Retreats Inc. trip (within one year of the current retreat start date), space permitting (please note: this is a one-time transfer and multiple changes are not permitted, no exceptions). You are also permitted to transfer your booking to another interested party. Please note: your €500 or $500 USD deposit will be non-transferable and non-refundable if you cancel OR transfer in the 91-119 day time period.
If you cancel your booking 90 days or less from the retreat start date: no credit can be given and all monies paid will be forfeited.
No credit is available if the Participant does not show up or leaves early for any reason. If you interrupt or terminate your travel or participation in the retreat for any reason after it has commenced, Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is not obliged to offer credit or issue any refunds for unused services.
Nova Retreats Inc. is a small business that proudly works with intimate, family-run hotels and venues and we are unable to offer refunds of any kind. If you require more security please talk to an insurance broker about a comprehensive travel plan that will offer you the coverage you need.
4. Trip Postponement
In the event that the trip is postponed for any reason, including any force majeure event, all monies paid will be converted into travel credit that can be applied to a future Nova Retreats Inc. retreat; this credit is transferable and expires one year from the original retreat date. Nova Retreats Inc. is a small business that proudly works with intimate, family-run hotels and venues and we are unable to offer refunds of any kind. If you require more security please talk to an insurance broker about a comprehensive travel plan that will offer you the coverage you need.
5. Passport, Visas and Other Travel Documents
It is your responsibility to ensure that you are in possession of a valid passport and any other required travel documents. Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is not responsible if you are refused entry to a country because your passport is invalid, or for any reason. For many countries your passport must be valid for 6 months beyond the duration of the trip.
6. Immunizations
Each Participant assumes full responsibility for verifying any requirements relating to and/or obtaining any immunizations which may be necessary or desirable for travel in the applicable country(ies) and/or region(s).
Participants may also wish to consult a physician who is knowledgeable about travel medicine and related medical issues in the country(ies) and/or region(s) to be visited.
7. Travel Insurance
Proof of Emergency Medical Travel Insurance and Trip Cancellation/Trip Interruption Insurance is required 30 days before the start of the retreat; your insurance policy must provide continuous coverage for the length of your stay. Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is not liable for any medical or health issues that occur during the retreat, including any medical or health issues related to air quality.
Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, shall have no liability for loss, theft of, or damage to baggage or personal effects, howsoever caused. Each Traveller is 100% responsible for any losses, penalties, fees or other financial consequences arising out of any booking or trip, or the cancellation or interruption of any booking or trip (including, by way of example, costs related to airline tickets and fees, passport fees, visa fees, medical expenses, etc.).
8. Discretion to Reject Bookings/Vacate Spots
Your booking may be rejected or your spot may be vacated at the discretion of Nova Retreats Inc. at any time prior to the trip start date if we believe a Participant poses a risk or may be disruptive or disrespectful to other Travellers, to the yoga teacher, to the host venue, or to anyone else involved. If a Participant’s booking is rejected and/or if a Participant is denied participation in a trip prior to the trip start date, then that Participant will receive a full refund of all monies paid to Nova Retreats Inc. for that trip; also, the Participant will not be permitted to book any future Nova Retreats Inc. trips. Nova Retreats Inc. will not be responsible for any trip cancellation related expenses or trip related damages (including, by way of example, costs related to airline tickets and fees, passport fees, visa fees, medical expenses, etc.). related to Nova Retreats Inc.’s discretionary decision to vacate your spot.
9. Information Required
For us to confirm your booking, you must provide us with certain personal information when requested, such as:
Full name (as it appears on passport)
Passport number
Date of Birth
Dietary requests/restrictions
Any medical conditions, injuries or physical limitations
10. What’s Included in the Price of Your Trip
The price of your trip includes:
Everything listed on the retreat page under “What’s Included.”
11. What’s Excluded from the Price of Your Trip
The price of your trip does not include:
Flights/Airfare to the starting point of your trip
Ground transportation
Excess baggage charges
Fees for travel documents (passports, visas, etc.)
Travel insurance
Alcoholic beverages
Optional Activities
Gratuities
Personal expenses
Any other items listed on our website under “What’s Not Included”
12. Optional Activities
Optional activities (other than excursions which are listed on our website as “Included”) are not included in the trip price, and do not form part of the trip or this Agreement. You acknowledge and agree that any assistance provided by any trip leader, yoga teacher, or local representative in arranging optional activities does not render us liable for them or any losses and/or damages that result from the participation in optional activities, excursions, etc.
13. Itineraries
The itinerary provided for the trip is representative of the types of activities planned, but it is understood that the itinerary, amenities, and mode of transport may be subject to alteration without prior notice due to events out of Nova Retreats Inc.’s control. I agree to waive any and all claims against Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, regarding any such change(s).
14. Health Certification
By booking a retreat with Nova Retreats Inc., you confirm that you are physically, emotionally and mentally able to participate in this retreat, and you will confirm your condition prior to departure. You also confirm that you have not been recently treated for, nor are you aware of, any medical condition, infirmity or disability (whether physical or mental) that would create an unreasonable risk to yourself or others in connection with the trip. You assume and accept, without limitation, all risks and dangers associated with your participation in this retreat, and you assume full responsibility for understanding and following safe practices associated with this activity. If you have any questions about your health, visit your doctor and discuss the trip before you go. While practicing yoga, students must listen to their own bodies and work within their own limitations. If any movements hurt or are uncomfortable, you agree that it is your responsibility to never take any exercise to a level of discomfort or pain. You agree that you will not hold Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, responsible for any injury or damage incurred on the retreat. You further agree that you will immediately remove yourself from participation in any activity if, at any time, you sense or observe any unusual hazard or unsafe condition, or if there is any change in your physical, mental, or emotional fitness for continued participation in the activity.
15. Assumption of Risk & Personal Responsibility
Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is dedicated to ensuring the safety of all guests, although all Participants must assume the risk inherent in travel and take responsibility for their own health, safety, and well being. Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is not responsible for any injuries or damages the Participant may sustain on any part of this retreat.
The Participant must also be responsible for their own behaviour and treat other Participants, venue staff, yoga teachers, and tour operators with respect.
Participants must also take responsibility if and when consuming alcoholic beverages or any intoxicants, both on and off the retreat property; Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is not responsible for any injuries or damages the Participant may sustain when consuming alcohol or any intoxicants.
It is your responsibility to acquaint yourself with all possible relevant travel information related to the country and regions you are travelling to, including local customs, laws, & regulations. It is your responsibility to maintain current knowledge of travel advisories, medical advisories, or other risks until your departure and while you are on location. Certain locations are remote and require additional travel time away from city centers and towns; as such, medical attention may not always be readily available or may be of inferior quality compared to what is available at home. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you assume the personal risks involved with such travel. You agree to assume full responsibility for your personal safety and personal health.
16. Photos and Marketing
You consent and agree that during this retreat photos of you will be taken and that Nova Retreats Inc. may use these in any and all media, now or hereafter known and exclusively for the purpose of the promotion of future yoga retreats or related events
17. Third Party Operators are Independent Contractors
Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators,. does not own, operate or control any person or entity that provides any goods or services for your trip (“Third Party Operators”), including any lodging facilities, airline, ground or water transportation, yoga studio, yoga teacher(s), tour operator, food service provider, etc. Rather, we contract with Third Party Operators to provide all goods and services for your trip; and you understand that all Third Party Operators are independent contractor(s), and not affiliates or employees of Nova Retreats Inc. In selecting Third Party Operators, we do our best to seek out reliable suppliers and contractors to provide the necessary travel-related goods and and services. Accordingly, in the absence of gross negligence by Nova Retreats Inc., you understand and agree that Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, shall not have any responsibility or liability for any acts or omissions of any Third Party Operators in connection with your trip. Without limiting the foregoing, we will not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of or by reason of the acts or omissions of any Third Party Operator. Nova Retreats Inc., or any agents, representatives, teachers, instructors and facilitators, is not responsible for any injury or damages sustained on any motorized vehicles or on any other modes of transportation, regardless of whether or not the transportation was suggested by, recommended by, or provided by Nova Retreats Inc. or our host location.
18. Limitation of Liability and Release
Notice is hereby given that all arrangements made on behalf of participants are made by the organizers on the sole condition that the organizers shall not be held responsible for any claims, including but not limited to, injury, death, accident, illness, delay, loss, expense (including legal fees), damage, act of negligence, or irregularity (the “Claims”). The undersigned agrees to waive all Claims against, and to indemnify and hold harmless Nova Retreats Inc., or any agents, representatives, instructors and facilitators, from and against any and all Claims arising from or connected, directly or indirectly, with your presence at, or participation in the retreat and related activities thereto.
19. Arbitration
You agree that any dispute relating to your booking, the Terms & Conditions, the Agreement or any other issues relating to your trip (including any claim you may wish to assert relating to or arising out of your trip) shall be referred to confidential and binding arbitration in St. John’s, Newfoundland and Labrador, Canada, by arbitrator(s) and pursuant to rules of arbitration subject to the mutual agreement of the parties. If the parties cannot agree on the arbitrator(s) and/or the rules of arbitration, arbitration may be compelled by petition to any court of competent jurisdiction in Newfoundland and Labrador, Canada. Any arbitration award shall be rendered in writing and may be entered and shall be fully enforceable as a judgment in any court of competent jurisdiction.
The parties expressly waive their right to file a court claim or application and agree that the acceptance of these terms and conditions shall be used as an absolute estoppel to any such claim or application and that should such a claim or application require a response and/or proceedings, the parties agree that solicitor-own-client costs shall be awarded against the participant.
20. Applicable Law
This Agreement (including all bookings and the Terms & Conditions) shall be governed by the laws of the Province of Newfoundland and Labrador, Canada applicable to contracts entered into and to be wholly performed therein (without giving effect to any conflict of laws principles under Newfoundland and Labrador law).
Updating of Terms & Conditions
Nova Retreats Inc. reserves the right to update and/or alter these Terms & Conditions at any time. Current information can always be found on www.novayogaonline.com and any updates and/or changes will supercede any previous versions. By booking a trip with Nova Retreats Inc., you acknowledge that you have read and understand the Terms & Conditions outlined above, and agree to be bound by those Terms & Conditions.