Booking Terms and Conditions
By booking or participating in a Squash Retreat and any related products or services (a “Squash Retreat”) with BGCJ LLC, a UTAH, USA company (“Squash Retreats” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
By booking a Squash Retreats event you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when the Tour Operator issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.
SPECIAL REQUIREMENTS
Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.
AGE REQUIREMENTS
Anyone under the age of 18 is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Squash Retreat description or by the Tour Operator, the minimum age for minors traveling on any Squash Retreat is 14 years old.
All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability.
MANDATORY INSURANCE REQUIREMENTS
YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Squash Retreat offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
PRICES, SURCHARGES AND TAXES
The Tour Operator will not increase the price of your Squash Retreat after you have paid in full. Squash Retreat’s are priced and advertised inclusive of applicable taxes.
From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator are not entitled to reduced pricing.
DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Squash Retreat and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Squash Retreat and will be communicated to you or to the Tour Operator’s authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
AIRFARE
Squash Retreat prices do not include international or other airfare unless expressly mentioned in the Squash Retreat’s descriptions.
TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Squash Retreat, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Squash Retreat because of your negligence or breach of these Terms.
THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
CHANGES
Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Squash Retreat itinerary or price of the Squash Retreat and which does not form part of the Squash Retreat. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras.
You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
FORCE MAJEURE
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19 or SARs-COV2, or any other cause whatsoever beyond the reasonable control of the Tour Operator or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Squash Retreat to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”.
IMAGES AND MARKETING
You agree that, while participating in any Squash Retreat, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
PRIVACY POLICY
The Tour Operator must collect your personal information to deliver the Squash Retreat and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Squash Retreat, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at http://www.squashretreats.com/ and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.
SEVERABILITY
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
APPLICABLE LAW
The Contract and these Terms are subject to the laws of Utah, USA and you submit to the exclusive jurisdiction of the courts located in Salt Lake City, Utah, USA for the resolution of any dispute under these Terms or concerning any Squash Retreat, product or service.
AMENDMENTS
The Tour Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Tour Operator’s website at squashretreats.com/. Any amendment will take effect 10 days after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
Last updated February 8, 2023.
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