LIGHT UP 2022! THE POSITIVE HABIT RETREAT

TERMS AND CONDITIONS

Below are the general terms and conditions for Light Up 2022 The Positive Habit Retreat. Please make sure you read, understand and agree with them. If you have any questions, please feel free to contact us at retreat@thepositivehabit.com We would love to help you in any way. To reserve your spot please complete the booking form at the bottom of the page.

GENERAL TERMS AND CONDITIONS

These terms and conditions are applicable for all reservations for the Light Up 2022 – The Positive Habit Retreat. The General Terms and Conditions are exclusively governed by Irish law. Any disputes relating to these General Terms and Conditions are settled exclusively by the competent court in Ireland or any higher court.

RETREAT RESERVATIONS

Reservations can only be made by adults (18 years and over).

By completing the online reservation you accept these Terms and Conditions as a binding contract between Fiona Brennan – The Positive Habit and yourself and other members that are part of your reservation.

A written/emailed confirmation sent by Fiona Brennan – The Positive Habit confirms your reservation. Any reservations are only valid after transfer of the deposit or, when registering less than 8 weeks before the start of the retreat, the full registration fee.

TRAVEL INSURANCE

It’s a requirement that you take out appropriate travel insurance, including medical cover for medical treatment, accidents and repatriation, and holiday cancellation and curtailment. We assume that such a policy is in force before you depart.

EMAIL ADDRESS AND TELEPHONE

It is essential that you supply us with a valid email address. If you change this you should inform us immediately. We correspond only by email. Once your booking has been made and we have received your deposit, all further correspondence is by email. We will also email you all of the information that you need to get to the retreat location.

We also require a mobile phone number so that we can contact you during your travel to the location or during your stay.

PAYMENT AND DEPOSIT

For individual reservations we give you the option to transfer for the retreat cost in full or you can transfer €500 as a non-refundable deposit. If you prefer to pay in installments the first installment of 50% of the remaining cost (minus €500 deposit) is due on or before 30th November 2021. N.B We understand that you may be under financial pressure in the lead up to Christmas so if you want to delay payment of the first instalment until after Christmas/New Year then please let us know and we will facilitate you. You may then pay the remaining 50% (second installment) no later than 4th February 2022. Payments (excluding the booking deposit of €500), must be done by bank transfer, details will be provided in your retreat confirmation email. If there are two of you coming together then the deposit is 2 x €500 and the installment dates are the same as above.

ARRIVAL AND DEPARTURE TIMES

If your flight is delayed or cancelled, you are required to contact Ciaran Hyde, The Retreat Manager,  at the number you will receive in your confirmation email.

AIRPORT TRANSFERS

Transfers to and from Chania airport will be arranged for you at no extra cost.

CANCELLATIONS, CHANGES AND REFUNDS

Individual reservations (*): To ensure your reservation, a €500 non-refundable deposit is required at the time of reservation. Therefore, travel insurance with a cancellation policy to cover any such rare occurrence is required.

If you cancel your reservation up to 30th November 2021 and have paid anything in excess of the booking deposit (€500) then the balance will be returned to you as soon as is practicable.

If you cancel your reservation at any time between 30th November 2021 and 3rd February 2022  and have paid anything in excess of the booking deposit (€500) then 50% of the balance will be returned to you as soon as is practicable.

If you cancel your reservation at any time between 4th February and 1st April  then what you have paid in excess of the booking deposit (€500) then 25% of the balance will be returned to you as soon as is practicable.

If you cancel any time after April 1st then no refund will be given on any balance paid.

NB. If for any reason, including Covid travel related restrictions, the Retreat is cancelled by the organisers then a full refund including the booking deposit will be made as soon as is practicable.

* It’s a condition of booking that participants take out travel insurance.

CHANGES TO RESERVATIONS AND ACCOMMODATION

Fiona Brennan – The Positive Habit reserves the right to amend the dates in exceptional circumstances, not limited to but including war, adverse weather conditions, pandemics, riots and or matters concerning safety, operational circumstances such as damage caused by fire, or the accommodation becoming unusable due to utility company work or lack of services, leaks, repair work or any other such reason. In these circumstances, the reservation may need to be adjusted accordingly.

Fiona Brennan – The Positive Habit is not liable for any additional costs or losses that are incurred by you due to the change of reservations. This includes, but is not limited to, any extra hotel reservations, car rentals or the cost of non-refundable airline tickets. Situations may arise which, in our opinion, make it necessary for us to change the normal retreat schedule. We advise that your travel insurance covers holiday curtailment.

If the dates of the retreat are amended and you are unable to attend on the revised dates you will be offered a full refund.

RESPONSIBILITY

We are responsible for providing the services listed in the confirmation email where it is within our control. Furthermore, it is agreed by you that the owners/operators of the retreat are not the guardians of any customers’ safety and they, individually or collectively, cannot be held liable in any way for occurrence which might result in illness, injury or other damage, loss or theft to the customer, his/her property, or his/her family, heirs or assigns. The liability of Fiona Brennan – The Positive Habit is limited to a total of the booking price irrespective of the title/claim.

YOUR HEALTH

Retreat participation, yoga/mindful movement, workshop, excursions, trips, massage and therapy and meditation sessions are all undertaken at your own risk. For your safety and for the safety of the other participants and members of the team we need to make sure that we are well informed regarding any special conditions. You will need to inform Ciaran Hyde, Retreat Manager before attending the retreat. In the case of any serious health conditions (allergy, mentally and physically), you need to confirm that you are sufficiently fit and healthy to take part in the classes and other activities. We may ask you to provide a consent form from your doctor to confirm you can take part in physical activities. Fiona Brennan – The Positive habit will not be liable for any injuries incurred during your stay or for any loss or damage to your personal property.

WAIVER OF RESPONSIBILITY

With respect to booking and/or joining a retreat at Fiona Brennan – The Positive Habit facilitated in cooperation a third party (I, (collectively and individually referred to henceforth in the first person singular) understand that I assume any risk or harm that may occur to me or the consumption of any substances during my participation of the retreat.

I release the Fiona Brennan – The Positive Habit from all liability, damages or costs that might arise from my participation in the retreat, from my participation in activities and from any consequence involved in my participation including travel to and from the event, excursions or any other activity during the retreat.

I agree to be bound by the under-noted conditions of this waiver and release of liability, limitation of damages, indemnification from claims, consent to medical attention and treatment and grant of rights (“Waiver”):

Agreement of Voluntary Participation in a Retreat

I hereby confirm that I understand that I am participating in the retreat voluntarily. I suffer no physical or mental conditions that render me particularly susceptible to injury or any disability while participating in the activities offered by at the retreat. I understand a retreat involves activities that may present a risk to those with specific heart or lung conditions, or with any other condition where walking and exercise should be kept to a minimum. I understand that  Fiona Brennan – The Positive Habit is not responsible for the content of any food or drink that I consume, and that I am solely responsible for any damage to my health through any allergy, known or unknown, that I may have.

Understanding of Risk Involved

I am fully aware of all risks associated with my participation in a retreat including without limitation, any injury arising from or associated with food sickness, allergic reactions, weather conditions, choking, injuries caused by other participants, pedestrians and motor vehicles, either by mishap, accident or self-inflicted.

Acceptance of Risk and Assumption of Personal Responsibility

I accept and assume all risks in association with the retreat offered by the Fiona Brennan – The Positive Habit, whether foreseen or unforeseen, known or unknown, in any way whatsoever associated with my participation in the retreat activities offered by Fiona Brennan – The Positive Habit. I accept and assume full responsibility for my own mental health and agree to mind my self in the group therapy sessions. I am aware that uncomfortable and difficult emotions may arise and I take full responsibilty for managing these emotions and maintaining my own mental health.

Release Fiona Brennan – The Positive Habit from Liability

I hereby forever and unconditionally release Fiona Brennan – The Positive Habit, plus any affiliated entities or subsidiaries, volunteers of the organization, current and former employees, members of the team, owners, managers, contractors, partners, shareholders or insurers (referred collectively to as the ‘Released Entities’) from any and all actions, claims, damages losses, costs liabilities and expenses, including attorney’s fees without limitation, for any loss or damage of property, injury or death that arises in any way out of my participation in a retreat including, without limitation, any and all claims arising from the negligence of the ‘Released Entities’.

Limitation of Damages

The liability of Fiona Brennan – The Positive Habit to me will be limited to actual damages caused by the gross negligence or willful misconduct of the Released Entities while performing their duties and responsibilities hereunder, provided that my damages in connection with my participation in the retreat shall not under any circumstances exceed the sum of Euro 500. My sole and exclusive remedy shall be recovery of that sum not exceeding Euro 500. All liability arising out of my participation in the Retreat shall be cumulative and not by each individual instance. Fiona Brennan – The Positive Habit shall in no way be liable for any incidental, consequential, punitive or special damages or any other form of direct or indirect damages even if the Fiona Brennan – The Positive Habit has been informed of the possibility thereof.

Indemnity from Claims

I agree defend and indemnify the Released Entities previously defined from all claims of any kind incurred as a result of my participation in a retreat.

Consent to Medical Treatment

I hereby authorize Fiona Brennan – The Positive Habit to provide me with customary medical treatment, assistance, transportation and emergency medical treatment by means of medical personnel or services of its choice, although this consent does not imply that Fiona Brennan – The Positive Habit has a duty to offer such assistance, services or transportation.

Severability

If for any reason any provision of this waiver is declared to be unenforceable or invalid, the enforceability and validity of the remaining provisions shall remain unaffected. The provision declared unenforceable or invalid shall be deemed modified as to render it enforceable and valid. If no modification is possible to render it enforceable and valid, then this waiver shall be considered as if such a provision was not included, and the obligations and rights of the parties concerned shall be construed and enforced accordingly.

Binding Effect

This waiver is binding upon my next of kin, family, heirs, personal representatives, beneficiaries and assigns, and inure to the benefits of the Company, its assigns and successors.

By continuing to take part in a retreat organized by Fiona Brennan – The Positive Habit I indicate my voluntary agreement to the provisions of this waver and Release of Liability.

LOST AND FOUND

Items left at the venue will be returned only upon request and at the guest’s expense. Fiona Brennan – The Positive Habit is not liable for lost items.

WEATHER CONDITIONS

One of the most wondrous aspects of the beautiful island of Crete is its climate. Fiona Brennan – The Positive Habit cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions.

FORCE MAJEURE

Means any unusual and unforeseeable circumstances beyond our normal control, the consequences of which could not have been avoided even when exercising all due care. Such circumstances or events include, but are not limited to, war or threat of war, riot, civil unrest, industrial disputes or strikes, unavoidable technical problems with the accommodation, transport or closure or congestion of airports, terrorist activity, natural disasters, industrial disasters, fire, theft, flooding and adverse weather conditions. In the event of any the above, refunds and compensation payments cannot be made.

VERBAL CHANGES

Verbal changes of contract are not valid unless agreed and confirmed in writing by Fiona Brennan – The Positive Habit.

PRINTING, TYPING, TERMS AND CONDITIONS, CALCULATION ERRORS AND OMISSIONS

Fiona Brennan – The Positive Habit reserve the right to correct any printing or typing errors, omissions or calculation mistakes at any time. We also reserve the right to amend our Terms and Conditions that apply to your booking at any time by giving prior notice.

MEDIA RELEASE

As part of this contract you give your consent that Fiona Brennan – The Positive Habit may take and use photographs and videos in the public areas of the villas and during scheduled activities and excursions to promote the retreat in either electronic or print form. This includes the use of website and social media. Fiona Brennan – The Positive Habit will retain ownership of said images and videos.

  • The party granting consent waives the right to compensation or royalties.
  • The party granting consent waives the right to disapprove or approve the final content created.
  • The party granting consent acknowledges other contracts will not be breached, by participating in current agreement.
  • The Party granting consent releases Fiona Brennan – The Positive Habit from liability and all claims.
  • Fiona Brennan – The Positive Habit may produce, reproduce, edit, print, trade or share content (videos or moving photographs, illustrations, advertising, images, likeness, sound, and statements or comments) as desired in perpetuity.

CONTACT, COMPLAINTS AND SUGGESTIONS

Fiona Brennan – The Positive Habit is confident that you will not have any cause for concern during your retreat. However, if you should have any problems during your stay, this should be brought to the attention of Ciaran Hyde, Retreat Manager to find a direct solution. If you are not satisfied with the proposed resolution, then any further comments or suggestions should be put in writing within 14 days of your return, specifying the problems to: retreat@thepositivehabit.com