Terms and Conditions

Terms and Conditions
 
Welcome to our website. By using this site, you agree to comply with and be bound by the terms and conditions of use, which together with our privacy policy govern Elevate Pure’s relationship with you.
The term “Elevate Pure” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
 
DEFINITIONS

The following terms shall have the following meanings:

‘Company’: Elevate Pure, sometimes referred to as ‘We’, the company, is an international not-for-profit business entity .
Website: www.elevatepure.com / www.elevatepureretreats.com
 
‘Accommodation’: the accommodation provided by the Company as stated in the Booking Form.
 
‘Commencement Date’: the start date of a Booking as stated in the Booking Form.
 
‘Contract’: The confirmed booking in accordance with the detailed provisions as contained in the Booking Form and confirmed in writing by the Company.
 
‘Customer’: the person or persons making a reservation/booking as named in the Reservation/Booking Form.
 
‘Expiry Date’: The expiry date of a reservation/booking as stated in the Reservation Form or such later date as the Parties may from time to time agree in writing.
 
‘Manager’: the person appointed by the Company to act as Manager.
 
‘Director’: the person appointed as Director in the Company.
 
‘Parties’: The Customer and the Company whose particulars are as stated in the Booking Form.
 
‘Property’: Assets and property for which the Company is responsible.
 
‘Deposit’: The deposit payable to confirm a Reservation/Booking is non-Refundable.
 
‘C.O.D’ – ‘Confirmation Of Deposit’: The written document or electronic format containing the particulars of the parties and details of Reservation/Booking confirmed to the Customer by the Company.
 
”Term’: The period starting on (and including) the Commencement Date and ending on the Expiry Date unless extended by written/verbal consent of the Company or earlier termination in accordance with these Terms and Conditions.
 
1.16 ‘P.I.F’ – Payment in full. 
 
‘Booking Form’ the documents that are supplied by IY by email that refer to the exhibition, event or retreat booked
 
2.0 ACCOMMODATION AND PRICES – RETREATS ONLY

2.1 The available accommodation is situated in:
(i) Costa Rica

2.2 There is the one booking season for the Costa Rica retreats,  the start and finish date is advertised on our web site. Usually this is December to May.

2.3 The price for each accommodation is displayed on our website and subject to change.

2.4 Accommodation for retreats only is available from Sunday at 2pm until the following Saturday at 12.00 noon. Arrivals outside of these times are charged accordingly.

2.5 Only the Customer and members of his / hers groups stated in the Booking Form may occupy the provided accommodation for the retreat for the duration stated on the Form this does not give the Customer or any member of his group any estate, right or interest in any Property except as is necessary for the exercise expressly conferred by the Booking Form and does not exclude the Company from the legal possession of the Property.

2.6 Use of the provided accommodation & facilities is personal to the Customer and members of his group as stated in the Booking Form and shall not be capable of being assigned, shared, or otherwise disposed of and neither the Customer nor any member of his group shall grant or attempt to grant any rights in it.

2.7 The Customer and any member of his/her group shall not use the Property except for permitted use and shall not use the Property for any offensive, noisy, dangerous, illegal, immoral, or improper purposes, keeping live birds or animals: exhibition or entertainment: public meeting: or any sale by public auction.

2.8 The Customer and any of his/her group shall not attach or display any advertisement, sign, flag or notice on or in the Property.

2.9 The Customer and any member of his group shall not do anything on the Property which may be a nuisance or annoyance to the Company and its’ tenant’s, guests, staff or owners or occupiers of a neighbours’ property or other parts of the provided Property.

2.10 The Customer shall keep the property fixtures, fittings, furniture and effects in a clean and good condition (wear and tear excepted) and shall replace any articles that are destroyed or missing with articles of a similar kind and of equal value.

2.11 The Company reserves the absolute right at its’ sole discretion to terminate use of the Property or any of its’ facilities by the Customer or any member of his group in the event of any breach of these Terms and Conditions and upon being provided written notice to that effect the Customer and/or any member of his group will be required to forthwith vacate the Company’s property and the Company shall not accept any consequential liability damages or loss occasioned thereby.
 
2.12 At any time, we may hire rooms out to another activity holiday specialist, holiday makers.  

2.13 When you book with us you have the choice of booking a single room supplement in other words to have a room to yourself / alone.  If you do not make this choice, you may end up sharing a room with someone else. We do not give you the opportunity to upgrade to a single room supplement once you are at the retreat because we may have already sold the bed spaces prior to your arrival. If having a room to yourself is a priority, then please book it in the first instance. 

3.0 WEBSITE

3.1 The Company e-mail and website address is as stated in Clause 1.1 above.

3.2 The Company retains all copyright license rights and sole exclusive ownership of the information photographs and material contained, displayed, provided or referred to on its’ website

3.3 The content of the web pages of this website is for your general information and use only. It is subject to change without notice. Any user of the website acknowledges and warrants that he / she:

3.3.1 will not use any photograph material or information contained in the website for any purpose prohibited by the Terms and Conditions or for any unlawful purpose.

3.3.2 will only access and use the website for his own personal non-commercial use.

3.3.3 will not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, sell, or in any other way use any information, photographs, material, products, or services contained on the Company’s website.

3.3.4 has legal authority to use the website in accordance with these Terms and Conditions

3.3.5 agrees to be entirely financially responsible for all charges fees and other sum(s) whatsoever arising from use of the website.

3.4 The Company accepts no responsibility for keeping the website up to date and will not be liable for any loss occasioned by its’ failure to do so.

3.5 The Company shall not be liable for any loss or damage to the user as a direct or indirect consequence of the user relying on any inaccurate fact or misstatement made or provided by the Company on it’s website.

3.6 Where the website contains links to any other website the Company does not monitor or endorse them and cannot be responsible for the contents or information provided therein and cannot accept any liability whatsoever howsoever rising in relation to any such website link.

3.7 The Company reserves the absolute right at its’ sole discretion to terminate any Booking if any user or customer uses the Company’s website unlawfully or in contravention of these Terms and conditions.

3.9 The Company cannot warrant that its’ website or any link is free from any computer virus or other malicious or impaired computer programs and the user enters the Company’s website entirely at his/her own risk.

3.10 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

3.11 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

3.12 Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

3.13 You may not create a link to this website from another website or document without the prior written consent of Elevate Pure.

3.14 Your use of this website and any dispute arising out of such use of the website is subject to the laws of non-exclusive jurisdiction of the Nevis courts.

4.0 BOOKING AND RESERVATIONS

4.1 Reservations may be made by telephone, letter, via the website, or by e-mail to the appropriate communication address or telephone number of the Company as set out in Clause 1.1 above.

4.2 If the booking for one of our retreats is in any way different to our Sunday to Saturday week (arriving early, leaving late, short stays, etc…) contacting our office prior to booking is required. The prices of the “unusual” bookings differ to the prices of our Sunday to Saturday week and must be adjusted accordingly. If the Customer fails to do so, this will result in additional surcharge of 10% of the original booking price. No refund is offered if customer makes such reservation online (when a full week is booked and only a short stay is required).
Elevate pure reserves the right to refuse to take bookings on our retreats of short stays in high season.

4.3  Early/late arrival and departure fees will be incurred for the arriving before 2pm on a Sunday and leaving after 12.00 noon on the following Saturday on any of our retreats or whilst staying in our accommodation. If guests have not paid in advance, then payment will be due on early arrival or late departure.

4.4 The single room supplement on our retreats is only available to guests staying full week Sunday to Saturday. Any single supplement on a shorter stay (4 nights minimum) will be charged at 100%.

4.5 You are responsible for inputting all your arrival and departure or booking information correctly whilst making a booking or reservation.

4.6 The Company charges a 50% non-refundable deposit for any private tuition (one-to-one or group class) booked with Company, manager or teacher at any of our retreats. The fee is payable at the time of booking confirmation.

5.0 CONFIRMATION AND CONTRACT

5.1 All Reservations and Bookings will be confirmed by the Company by email to a valid e-mail address within 24 hours of the date upon which the Reservation is made.

5.2 It is the Customers sole responsibility to check the Booking Form and ensure that the particulars contained therein are correct.

5.3 Should the Booking Form contain any error or inaccuracy then the Customer must notify the Company immediately or in any event within 7 days of his receipt of the Booking Form by telephone or email, in which event the Company at its’ absolute discretion, may amend the Booking Form or cancel the Reservation at no cost to the Customer.

5.4 Should the Customer fail to notify the Company within the time specified in clause 5.3 then the Company will be entitled to charge an administration fee not exceeding £25 for any change to or cancellation of the Booking in addition to any cancellation fee applicable.

5.5 Upon expiry of the time permitted by clause 5.3 and provided that the Company has not received any notification to the contrary from the customer the Booking Form shall form a binding enforceable Contract between the Parties.

5.6 The Company will not be responsible for any loss or damage occasioned by the Customer failing to provide notification of an error or inaccuracy in the Booking Form or Contract within the time limit specified in clause 5. 3 above and the Customer will be liable to pay all monies due in respect of the Contract.

5.8 Elevate Pure reserves the right to change the scheduled teacher/instructor at the last minute under any circumstances and is not obliged to give the reason for a change of teacher/instructor. 
 
No refunds can be claimed due to a change of teacher/instructor on our schedule. 
 
5.9 Elevate Pure reserves the right to change the time and/or location of events, conferences and classes. 
 
6.0 PAYMENT

6.1 All deposits are non-refundable.

6.2 The balance monies for our retreats must be paid in full within 7 days of paying a deposit, otherwise the bed will be released and made available to someone else.

6.3 The balance monies due in respect of the Booking Form for Sponsors & Exhibitors shall be paid by the Customer to the Company not less than 6 weeks prior to the date of the event taking place.

6.5 If payment of either the deposit or the balance is not received by the due date whether legally demanded or not then the Company reserves the right to cancel the COD and retain the deposit 

6.6 In the event of cancellation for whatever reason the Company may levy and the Customer shall forthwith pay a cancellation fee for such cancellation calculated as follows for cancellation occurring:

Retreats:
The fees refundable for bookings on our retreats are as follows:

6.6.1 Cancellation 3+ months in advance – full refund less deposit OR transfer to retreat same year.
6.6.2 Cancellation 2+ months in advance – 50% refund less deposit OR transfer to retreat same year.
6.6.3 Cancellation 1+ in advance – 25% refund if a replacement can be found OR transfer to retreat same year..
6.6.4 Cancellation less than one month in advance – no refund but transfer possible if there is another date available.
6.6.5 Cancellation of your retreat, for whatever reason, should be notified to us in writing or by email. WE WOULD STRONGLY ADVISE ALL TRAVELLERS TO TAKE OUT THE APPROPRIATE HOLIDAY INSURANCE COVER.
6.6.6 Transfers are available to an equivalent retreat in the same year but an administration fee of £50 per person will be charged.
6.6.7 In the unlikely event that we would need to cancel a holiday, full refunds will be given for any money paid up to the date of the cancellation. No responsibility can be taken for travel booked or other costs incurred.
6.6.8 If you decide to finish your retreat earlier, we do not offer a refund under any circumstances.
6.6.9 All payments for early/late arrivals/departures are non-refundable.
6.6.10 In the event that the Customer booking one of our retreats should decide to downgrade their accommodation after monies (deposit / balance) have been paid, the customer will not be entitled to any refund. If the customer wishes to upgrade there are charges.  
6.6.11 All medical information must be received before making any booking. No responsibility can be taken for information not given prior to the commencement of the course.

Conferences & Events
6.6.7 Bookings for our conferences and events are non-refundable.

6.7 All Deposits paid to our Company are non-Refundable

6.8 When you make payment to Elevate Pure to attend one of our retreats, you are committing to pay as a group member of hiring the entire accommodation. You are booking as a collective member of the group of your given week, regardless of how many other persons are within that group. If you are the only person booking, then you effectively are the group. It is very rare that we have only one guest. You are not notified if you are the only guest.

7.0 TRAVEL ARRANGEMENTS 

7.1 It is the Customer’s sole responsibility to ensure that he/she and all members of group arrive at the event, conference or retreat airport within the required time for departure/check-in/set-up, together with the correct travel documentation/personal and property insurance/public liability insurance etc.

7.2 The Company can accept no responsibility for delay or cancellation in any flight or any company used by the Customer or any member of his/her group or for any irregularity or failure in producing or providing any required documentation required for travel as provided in clause 7.1 above.

7.3 The Customer shall ensure that he /she arranges adequate timely transfers/transport for himself and all members of his group to and from the airport.

7.4 It is the Customers responsibility to get any necessary visas if required. 

9.0 PROPERTY INSURANCE HEALTH AND SAFETY

9.1 Health and Safety

9.1.1 The Company is under a duty to ensure so far as is reasonably practicable that the health, safety and welfare of all Customers and other persons affected by the Company’s business are protected.

9.1.2 It is the duty of all Customers including members of his group to take reasonable care of their health and safety and that of other persons who may be affected by their acts or omissions and to co-operate with the Company so far as is necessary to perform or comply with any requirement imposed by any relevant safety rules regulations and law.

9.1.3 The Customer must comply fully with all and any health and safety Regulations introduced by the Company.

9.1.4 Use of the Company’s facilities and participating in activities promoted by the Company are undertaken entirely at the sole risk of the Customer and or his group.

9.1.5 The Company takes no responsibility for any insect bites on our retreats whatsoever. Should a guest be bitten by any insect whatsoever it is the responsibility of the guest to seek medical treatment, purchase after bite ointment, or antihistamine and antibiotics upon doctors’ orders. The company cannot protect guests 24/7 from insects that live in the countries our retreats are hosted.

9.1.7 Prior to using any of the Company’s facilities or participating in any activity promoted by the Company the customer must ensure and is solely responsible to satisfy himself / herself that he / she and or all members of his / her group are medically mentally and physically fit and able to use such facilities or participate in activities promoted or organized by the Company. It is recommended that Customers seek doctor’s advice if unsure, pregnant or have injuries or illness.

9.1.8 The Customer is under a duty to notify the Company prior to arrival and the Manager/Teacher/Instructor immediately upon arrival of any medical mental or physical condition or pregnancy affecting the Customer or any member of his group and the Company reserves the right at its’ absolute discretion to restrict or prevent the Customer or any member of his group from using any facility or participating in any activity promoted or organized by the Company without liability for any refund

9.1.9 The Company will not accept any liability for any injury to the Customer or his group in their use of the Company’s facilities or participation in activities promoted or organized by the Company and it is the sole responsibility of the Customer to ensure that he and each member of his group have adequate personal insurance cover in respect of physical injury and other medical risk(s).

9.1.10 All Customers are expected to clean up after themselves and leave the accommodation in the state in which they arrived.

9.1.11 If you are pregnant, please first we require confirmation from your doctor in writing stating that you can participate in the event/class/session.  Upon receipt of this confirmation, we will contact the teacher/instructor informing them.  If the teacher is insured and in agreement with accepting you onto the retreat, then and only then would we confirm that you can go ahead and book. You may come to the retreat pregnant and not partake in classes, but simply enjoy the break that the retreat offers.  The welfare of yourself and baby are of utmost importance and we cannot be flexible on these terms. If you choose not to disclose your pregnancy, then we reserve the right to not allow you into the class/session and will not be held liable.

9.2 SECURITY AND VALUABLES

9.2.1 The Customer and each member of his group shall take proper care and use of the Company’s accommodation equipment and facilities and shall reimburse the Company for any loss breakage or damage occasioned by the improper or negligent use thereof prior to departure from the Resort.

9.2.2 The Customer nor any member of his group may not without the prior consent of the Company remove or attempt to remove from the Company’s premises any property whatsoever belonging to the company. Company and the Customer shall be liable for and reimburse the Company for any loss arising as a result thereof.

9.2.3 The Company cannot accept any responsibility for loss or damage howsoever occasioned to the personal property possessions or valuables of the Customer or any member of his group and it is the sole responsibility of the Customer to ensure that he and each member of his group have adequate insurance cover in respect of their personal property.

9.2.4 Upon damage to any of the accommodation provided, Elevate Pure reserves the right to charge guests the cost of rectifying damage, caused by the deliberate, negligent or reckless act of the guest to the retreats property or structure. Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the amount to the registered address. We will however make every effort to rectify any damage internally prior to the contracting specialist to make the repairs, and therefore will make every effort to keep any costs that the guest would incur to a minimum.

9.2.5 We reserve the right to charge guests the cost of replacing any items that are removed from the premises by them without consent. The charge will be the full replacement amount of the missing items, including any carriage charges. 

10.0 COMPLAINTS

10.1 In the event of a Customer having any reasonable proper complaint, then they shall not disclose them to any Third Party and shall notify the Manager as soon as possible, providing any available supporting evidence in respect thereof.

10.2 If the customer is dissatisfied with the response to the complaint by the Manager then the Customer may refer the matter in writing within 7 days of the initial complaint to a Director of the Company at the address shown in clause 1.6 above and the Director will seek to resolve the complaint to the satisfaction of the customer as soon as reasonably practical this includes a verbal conclusion that is noted.

10.3 If you do not abide by our complaints procedure and proceed to post detrimental information on websites for instance and including social networking sites or holiday review sites, Elevate Pure will consider to seek damages for slander.

10.6 INAPPROPRIATE BEHAVIOUR
It is the retreat’s policy to ask guests to leave should we feel they have acted in an inappropriate manner and being a general nuisance within the group is also deemed inappropriate. 

Such behaviour will result in the guest being asked to leave with no refund.   

We have a complaints procedure that should be followed whereby the management will hear each complaint on an individual basis, rather than a group complaint session.
In the interests of protecting guests, staff members & attendees at our events, conferences and retreats, the police may be called should it be deemed appropriate and an official complaint be filed against the guest behaving inappropriately. 

11.0 FORCE MAJEURE

11.1 The Company shall not be liable for any failure in the performance of any of its obligations under any written Booking Form or the Terms and Conditions caused by any factor or factors beyond its control. This covers natural disasters or other ‘Acts of God’, forest wild fires, floods, war, terrorism or failure of third parties (such as suppliers and subcontractors) to perform their obligations to the contracting party. E.g. If a volcano erupts and the ash cloud prevents your travel we do not reimburse you for the cost of your booking with us or your travel.  Claims should be made on your insurance. 

13.0 LAW AND INTERPRETATION

13.1 Headings and clause headings contained in the COD or these Terms and Conditions are for reference purposes only and should not be incorporated in the said documents and shall not be deemed to be any indication of the meaning of any clause or sub-clause to which they relate.

13.2 Joint and Several. All agreements on the part of either of the Parties which comprises more than one person or entity shall be joint and several and the neuter singular gender throughout the Booking Form and these Terms and Conditions all include all genders and the plural and the successors in title to the Parties.

13.3 References. References in this Contract to any clause sub-clause schedule or paragraph without further designation shall be construed as reference to the clause sub-clause schedule or paragraph of this contact so numbered.

13.4 Severance. If any provision or part thereof of the written Booking Form or these Terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either of the Parties from any competent authority the Parties shall amend that provision in such manner as achieves the intention of the Parties without illegality or that may be severed from Booking Form or these Terms and Conditions and the remaining provisions of Reservation Form and these Terms and Conditions all remain in full force and effect.

13.5 Jurisdiction. English Law shall govern all Bookings Contracts and these Terms and Conditions and the Parties consent to the exclusive jurisdiction of the English courts in all matters regarding them. 

14.0 MISCELLANEOUS

14.1 Non-assignable. All Reservations, Booking Forms, and contracts are personal to the Customer and the Customer shall not assign or dispose of it or part with any interest in any Reservation, Booking Form, or Contract.

14.2 Survival of terms. No term shall survive expiry or termination of the Booking Form or Contract unless expressly provided.

14.3 Supersedes prior Terms and Conditions. These Terms and Conditions supersede any prior Terms and Conditions and any such prior agreements are cancelled as at the revision date but without prejudice to any rights which have already accrued to either of the Parties.

14.4 Change of address and contact details. Each of the Parties shall give notice to the other of the change or acquisition of any address, telephone number or electronic mail address or similar contact particulars at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.

14.5 Notices. Any notice to be served on either of the Parties shall give notice to the other of the change or acquisition of any address telephone number or electronic mail address or similar contact particulars at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.

14.6 Warranty. Each of the Parties and signatories to a Reservation, Booking Form or Contract warrants its power to enter into the Reservation, Booking Form or Contract and the information contained therein and has obtained all the necessary permits and approvals to do so.

14.7 Photographs and Promotional Material. All and any photographs and promotional material produced by the Company shall at all times remain the exclusive property legal and equitable ownership of the Company and cannot be used or reproduced for any purpose by a customer website user or any Third Party without the prior written consent of the Company.

14.8 No employer/employee relationship or partnership. Nothing contained in the Reservation, Booking Form or Contract shall be construed or have effect as constituting any relationship of employer and employee or partnership between the Company and Customer.

14.9 If the company decides to offer any discounts this does not affect the status of any person who have previously paid the full price, and no discount will then become due to them.

14.10 Elevate Pure accepts no liability for loss, damage, injury or illness, which may or may not be received while at one of our events, conferences or retreats.

14.11 If you injure yourself in a class/session/event you do not get a refund for any future classes/sessions.

14.12 Elevate Pure suggest that no classes/sessions are undertaken within the first 12 weeks of pregnancy. Any classes undertaken while pregnant are to be consulted with the doctor and yoga teacher prior to reservation being made and are taken at one’s own risk. The procedure outlined above must be followed.

14.14 Rainy Weather – When it rains any of our outdoor sessions may be delayed to a later time, it may be a shorter session or may not happen at all.  

14.16 If a guest/client leaves items behind at any of our events/conferences/retreats, we can return them to you via post.  A fee will be charged for postage and time to sort, package and send the item(s).

Terms last update 22/08/2018