Terms & Conditions
A legal disclaimer
Nalu Retreat Terms and Conditions
Please read the following terms and conditions carefully. These terms and conditions
apply to your booking with Nalu for any and all of our provided surf/ fitness retreats.
By making your booking deposit, you irrevocably agree to enter into a contract with
us on these terms and conditions. That contract becomes binding immediately upon
our confirmation of your booking.
1. Prices
1.1. All advertised retreat prices are subject to availability and can be
withdrawn or varied by us for any reason without notice prior to booking and
payment of deposit. Prices are quoted in Australian dollars and inclusive of
GST.
1.2. We may increase the price of your booking at any time before your
booking is paid in full to reflect any changes in our costs related to your
booking which are beyond our reasonable control, which may include (without
limitation) exchange rates fluctuations, changes in the price of fuel, the level
of taxes or fees imposed by third parties including tourist taxes, landing taxes
or embarkation/disembarkation fees at ports and airports.
2. Dates and Destinations
2.1. All advertised and booked retreat dates and destinations are indicative
until departure. Nalu will use reasonable endeavours to ensure booked
retreats take place as advertised; however, we reserve the right to change or
cancel the dates and destinations of retreats for any reason and at any time
prior to departure.
2.2. In the event, we change the dates of a booked retreat pursuant to this
clause and either the new date is not suitable for you or we are unable to
provide a new indicative date within a reasonable period after the change,
you will receive a credit note equal to the price paid by you. You will not be
entitled to a refund or any other remedy.
3. Payment
3.1. A partial deposit of the advertised price must be paid before bookings
are processed. In some circumstances, we may require a higher percentage
or even all the advertised price to be paid as the deposit. Payment of the
deposit means you have accepted our terms and conditions. We will notify
you when your booking is confirmed. This deposit is NON-REFUNDABLE.
3.2. Unless otherwise indicated, the balance of the price must be paid in
full no later than 30 days following your purchase date. Full payment is
required immediately if you make a booking within 30 days of the departure
date.
4. Payment Plan
4.1. In some circumstances, we may offer payment plan alternatives. If we
do, and you select that payment alternative, then you must make each
payment by the due dates indicated on your contracted payment plan
agreement.
4.2. Where full payment or any part thereof is not made by the due date,
we may treat your booking as being cancelled by you. In that instance, if it
occurred with 30 days or less notice, we will retain any previously paid
deposits and may charge an applicable cancellation fee. If this cancellation
occurs with more than 30 days' notice, a refund of the balance of your
payment as a credit note will be applied in accordance with the below
cancellation policy as stipulated in clause 5.4.
5. Cancellation by Participant
5.1. Nalu Retreats will provide a full refund (minus your deposit) if you
cancel within 24 hours of making the booking. That booking was made 60
days or more before the scheduled retreat date. We do not otherwise provide
cash refunds unless required by law.
5.2. Should you choose to pay via the Payment Plan option, as stipulated
in clause 4, and request cancellation before all payments have been made,
you will still be required to pay the full amount of the package purchased.
5.3. 5.3 Subject to the law and the 24-hour refund clause above, if you
cancel your booking or fail to attend a booked retreat, we will retain the
following cancellation fees:
Change and Cancellation Fee (% of the balance payment, the deposit)
More than 60 days = 15%
60-29 days = 60%
30 days or less = 100%
Cancellation fees will be deducted from your balance payment. The remainder (if any) will
be refunded in the form of a credit note. You will not be entitled to a cash refund unless we
are required by law to provide one.
6. Credit Notes
6.1. All credit notes issued by Nalu Retreats pursuant to these terms and
conditions or otherwise are valid for use for 12 months from the date of issue.
Your credit note will be valid to reserve a room of the same room type and
cost or more. A credit note may not be used to book a room of lesser value
than your original booking.
6.2. You are not entitled to a refund or any other remedy for any unused
portion of an expired credit note. In our sole discretion, we may extend the
validity of credit notes for a longer period if we consider we have not provided
a reasonable opportunity for the holder to use the credit note. A cancellation
resulting in a credit note being transferred to or used on another retreat may
only occur once. If cancellation occurs again, all funds are forfeited by the
client and Nalu Retreats will not be providing a further credit note/refund of
any monies paid or any monies overdue. If any monies remain overdue, all
remaining payments must be paid within 48 hours of cancellation.
6.3. Use of credit note is the sole responsibility of the client to book and
use the credit note before it expires. Nalu Retreats holds no responsibilities in
reserving a place on any future retreats for you. If you fail to book a place on
a retreat before the expiry of your credit note, you are not entitled to a refund
of any monies.
7. Travel Insurance (for international travel only) – you may seek your own liability
insurance if you would like.
7.1. You must obtain travel insurance covering all dates and destinations
of travel. Your insurance must cover at least: trip interruption, personal injury,
medical expenses, evacuation and repatriation cover, including during
pandemic events. You will be required to provide documentary evidence
confirming that you hold the above travel insurance prior to departure. If you
fail to provide such evidence, we may treat your booking as being cancelled
by you, and clause 5 will apply.
7.2. We will not be liable for any costs, losses or damage incurred by you
resulting from your failure to comply with this clause.
8. Health and Safety
8.1. You must complete the waiver form provided prior to the retreat. You
must also declare any health, medical or dietary issues and requirements to
us at the time of your booking through the waiver, and where necessary,
update that information prior to departure and during the retreat. Based on
your waiver and disclosures, we may require you to provide a medical
certificate confirming that it is safe for you to participate in a retreat. Despite
your waiver, other disclosures and any medical certificates provided, you are
wholly responsible for your own health, safety and well-being at all times
during the retreat, including during all activities. You are free to stop or
decline to participate in any activity at any time for any reason.
8.2. You must also ensure that you are aware of any health requirements
for your travel destinations and to ensure that you carry all necessary
vaccination documentation. You should consult your doctor regarding health
requirements for your destination and your suitability to participate in the
activities provided.
9. Passports & Visas
9.1. You must ensure you have valid passports, visas and re-entry permits that
meet the requirements of immigration and other government authorities for all
locations forming part of your booking. Any fines, penalties, payments or
expenditures incurred as a result of such documents not meeting the
requirements of those authorities are your sole responsibility.
9.2. If you need information regarding visa and other travel document
requirements for your trip, please let us know. We can obtain such
information from an external visa advisory service provider on your behalf.
We do not warrant the accuracy of such information and accept no liability for
any loss or damage which you may suffer in reliance on it.
10. Liability
10.1. Subject to the law and except as expressly provided to the contrary in
these terms and conditions, all terms, conditions, warranties, undertakings,
inducements or representations, whether express, implied, statutory or
otherwise, relating in any way to the retreat, our services and these terms and
conditions are excluded. Without limiting the generality of the preceding
sentence, the Consultant shall not be under any liability to the Client in
respect of any loss or damage (including consequential loss or damage)
however caused which may be suffered or incurred by you other than as a
direct result of our failure or omission to comply with our obligations under
these terms and conditions.
10.2. Our maximum liability for any act, failure, omission, event or
occurrence where our liability is not excluded shall be limited to any one or
more of the following:
10.2.1. in relation to goods:
10.2.1.1. the replacement of the goods, or the supply of
equivalent goods, or payment of the costs of replacing the
goods or acquiring equivalent goods;
10.2.1.2. the repair of the goods or payment of the cost of having
the goods repaired;
10.2.2. in relation to services:
10.2.2.1. the supplying of the services again;
10.2.2.2. the payment of the cost of having the services
resupplied, as in each case, we may elect in our sole and
absolute discretion.
11. Credit Card Transactions
11.1. Where the price is paid in Australian dollars, Nalu Retreats does not
charge debit or credit card surcharges additional to the price. We reserve the
right to charge reasonable card surcharges where the price is paid in another
currency. If we exercise that right, it will be clear on the booking page.
12. Force Majeure
12.1. Our performance under these terms and conditions are subject to acts
of god, war, government regulations, disaster, civil disorder, strike or other
industrial dispute and any other circumstances which are beyond our
reasonable control and which we deem (in our sole discretion) render the
performance of our obligations uneconomic, impractical, impossible or illegal
(‘Force Majeure Circumstance’).
At any time during or after a Force Majeure Circumstance, we may (in our
sole discretion) elect to terminate this agreement by notice to you and refund
any amounts paid by you, less our reasonable costs and expenses incurred in
respect of your booking, which we cannot reasonably recover.
13. Privacy
13.1. By booking with us, you acknowledge that we will collect, use and
disclosure your personal information (including to our third-party service
providers) as we reasonably require to provide the service to you and for
other reasons permitted under privacy laws (including direct marketing).
13.2. Nalu Retreats has photographers and videographers documenting
each retreat and uses these images for social media content and marketing
and publicity material during and after retreats.
13.3. You acknowledge and irrevocably consent to us using photographs of
you and/or statements made by you during and after the retreat without
payment or attribution on social media and in marketing and publicity
material.
14. Severability
14.1. If any provision of these terms and conditions should be held to be
invalid or unenforceable, in whole or in part, the validity of all other provisions
of these terms and conditions (and any part of the subject provision which is
not held to be invalid or unenforceable) shall not be affected and shall remain
in force.
15. Variation
15.1. We may make reasonable variations to these terms and conditions
from time to time by notice to you.
16. Travel Advice
16.1. For up-to-date travel advice, please contact the Department of Foreign
Affairs and Trade or visit their website at www.smarttraveller.gov.au
PRIVATE COACHING
Cancellation Policy
Nalu retreats reserves the rights to cancel any session at their discretion. This will occur with a minimum of 2 hours notice unless it is due to circumstances beyond their control. If Nalu retreats, cancel your session; it will not be forfeited, your session will be re scheduled.
1. **URBN Surf Sessions**
- All bookings for URBN Surf sessions are subject to a **6-day cancellation policy**. This requirement is due to the cancellation policy enforced by the third-party provider, URBN Surf.
- If you are unable to attend your session and wish to cancel, you must do so **at least 6 days prior to your scheduled session**.
- Cancellations made within the 6-day window will result in the forfeiture of your session, and no refunds or rescheduling will be provided.
2. **Beach Sessions**
- For beach sessions, we require a **minimum of 2 DAYS notice** for cancellations. For example, if your session is scheduled for a Friday, you must cancel by **Wednesday morning at 6 AM**.
- Failure to provide the required notice will result in the forfeiture of your session, and no refunds or rescheduling will be provided.
Session Validity and Transfer Policy
3. **Session Validity**
10 x pack sessions must be used in 6 months of purchase . Any remaining sessions outside this time frame are forfeited.
5 x Pack session must be used within 3 months of purchase . Any remaining sessions outside this time frame are forfeited.
3 x pack sessions to be used in 5 Weeks of purchase . Any remaining sessions outside this time frame are forfeited.
1 x single lesson to be used within 2 weeks of purchase. If your lesson is not scheduled within this time frame it will be forfeited.
4. **Refund and Transfer Policy**
- **No refunds** are available for any reason for purchased packs of 3, 5, or 10 sessions.
- Sessions may be transferred to another person; however, the transfer process and all associated financial arrangements must be handled externally and are not the responsibility of Nalu Retreats.
- Nalu Retreats requires **10 days' notice** prior to confirming the transfer of sessions. The new participant must be approved by Nalu Retreats, and the approval will depend on the individual's surfing ability. Nalu Retreats reserves the right to reject the proposed transfer if the person does not meet the required surfing ability criteria.
We appreciate your understanding and cooperation with these terms and conditions. They are designed to ensure a smooth and enjoyable experience for all our participants. If you have any questions or need further clarification, please contact us.