Program Terms and Conditions
PROGRAM BOOKINGS
By completing online reservation/booking and accepting these terms and conditions, or by placing your booking over the telephone, or by email or by signing and posting/faxing a booking form, or by making payment against an invoice from us, you accept these Terms and Conditions as a binding contract between the ASK Consulting & Training Services (ACTS) on behalf of yourself and any other members of your booking. ACTS cannot accept your booking without a completed online reservation, or your verbal confirmation or request to proceed given over the telephone or in writing by email or land mail. A written/emailed confirmation sent to you by ACTS or BEFIKRE Travelers means the ACTS has accepted your booking.
EMAIL ADDRESS & TELEPHONE
It is vital that we have a valid email address. If you change this you should inform us immediately. We correspond 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’ll require to get to the program location. We also require a mobile phone so we can contact you prior and during your stay.
PAYMENT, RESERVATION AND DEPOSIT
Upon booking and confirmation that your requested dates for your chosen program are available we charge 100% of the program price. Once this payment has been paid it secures your dates. We cannot guarantee any reservation until your payment has been received. Payments are made online or through bank transfer.
ARRIVAL AND DEPARTURE TIMES
You are required to arrive by 11 am on the first day of the program. If your flight is delayed or cancelled, you are required to contact ACTS or BEFIKRE by email or text the contact number which will be provided before you travel. On your departure day please be ready to leave the retreat by 1pm unless otherwise agreed.
TRAVEL TO THE PROGRAM LOCATION
Travel and airport transfers are not included in the program price. We are happy to assist with arranging transport to & from Delhi. Please contact us.
CANCELLATION AND REFUNDS
- Cancellation received before 30 days prior to arrival: 60% of the reservation may be postponed/ refunded
- Cancellation received within 30 days and 14 days prior arrival: 30% the reservation can be postponed/refunded the rest will be charged.
- Cancellation received within 14 days prior arrival, no show or early check out: no postponement/refund possible
Therefore holiday insurance with a cancellation policy to cover any such rare occurrence is strongly recommended.
CANCELLATION FOR GROUPS
- More than 90 days before arrival date: 75% of total reservation may postponed
- Between 90 and 60 days before arrival date: 50% of total reservation may be postponed
- Between 59 and 30 days before arrival date: 25% of total reservation may be postponed
- < 30 days prior to arrival: No postponement or refund possible
RIGHT TO CHANGES
ACTS reserves the right to amend the booking dates. This may be due to several reasons, not limited to but including, war, adverse weather conditions, riots, protests and or matters concerning participants safety, operational circumstances such as damage caused by fire, or the resort becoming unusable due to utility company work or lack of services, leaks, repair work or any other such reason. In these circumstances the booking may need to be adjusted accordingly. ACTS is not liable for any additional costs or losses that may be incurred by the client due to the change of booking. This includes, but is not limited to, any extra hotel reservations or car rentals, or the cost of non-refundable airline tickets. Situations may arise which, in our opinion, make it necessary for us to alter the normal booking schedule. We advise that your travel insurance covers holiday curtailment.
Where a teacher or facilitator advertised for a program is not able to teach due to reasons outside our control, we reserve the right to replace them with another teacher or facilitator.
In the event before your arrival or during your stay your choice of room becomes unavailable or unusable for any reason we reserve the right to offer you an alternative room of the same level of quality, or to refund all monies paid to date and cancel the booking. We reserve this right in
the case of availability clashes, unexpected, unforeseen or uncontrollable situations. Should ACTS successfully be able to you offer a similar room, a pro-rated refund for the difference will be refunded if the room offered is a lower cost for the same period. If ACTS is not able to offer a similar room then a full refund of monies paid will be returned, or in the case that some time has been used already at the room before it becomes unavailable then a pro-rata refund will be given. This constitutes the maximum liability of ACTS. ACTS is not responsible for any other expense or costs incurred including rearranging or cancelling flights or car hire. We strongly recommend holiday insurance cover.
INSURANCE
ACTS recommends that you take out adequate travel insurance, including cover for medical treatment, accidents and repatriation, and holiday cancellation and curtailment.
It is your responsibility that you arrange, or ensure you have appropriate comprehensive insurance. This to include cover for illness, personal injury, and travel delay/cancellation. We assume that such a policy is in force before you depart. You should bring the policy with you in case of an emergency.
PHOTOGRAPHY & VIDEOGRAPHY
We will at times take photographs & videos during a program for our website and promotional material, including adverts. You agree to have your photograph & video taken. If you are sensitive about this, please let the program manager know this when you arrive.
OUR RESPONSIBILITY
We are responsible for providing the services listed on our website & terms and conditions, where it is within our control. ACTS cannot guarantee that all items listed on our website will be functional at all times, however all endeavours will be made to rectify any problems as soon as we possibly can. We reserve the right without prior notice to withdraw any part or all of the facilities available, and to make such changes as may be necessary. Furthermore, it is agreed by you that the owners/operators of the program and resort are not the guardians of any customers safety and they, individually or collectively, cannot be held liable in anyway for any occurrence, which might result in illness, injury, death or other damage, loss or theft to the customer, his property, or his family, heirs, or assigns. The liability of ACTS is limited to a total of the booking price irrespective of the title/claim.
PERSONAL BELONGINGS
Any valuables left at the property are the guests’ sole responsibility and neither ACTS nor the staff can be held responsible for any loss or damage of personal property.
YOUR HEALTH
All exercises and any other program activities are undertaken at your own risk though proper care would be taken by our people to ensure full safety of all the participants.
For your own wellness and safety, you must comply fully with all and any health and safety regulations introduced by ACTS. It is your responsibility to ensure that you are medically, mentally, and physically fit and able to use our facilities and participate in any of our program activities, including yoga and periods of silence. Customers who have injuries or mental
or physical illnesses are advised to seek doctor’s advice prior to attending our program. ACTS is not liable for any injuries you may contract during a retreat.
If you have any health conditions, including mental health conditions, you will need to inform ACTS of these.
LIABILITY
We have no liability for any loss or damage occasioned by the negligence, act or omission of any supplier or other third party. We reserve the right to cancel or modify itineraries or bookings where circumstances require. In circumstances where liability of ACTS cannot be excluded, such liability is limited to the value of the purchased program. All day time and night time activities, sports and transportation organised for you by ACTS are undertaken at your own risk, we accept no responsibility or liability for any illness, personal injury or death caused to you or a fellow participant.
LOST AND FOUND
On your last day, please ensure you have packed all personal belongings safely before leaving the resort. Any items forgotten or lost will not be at the responsibility of ACTS or the resort to recover and returned back to you.
WEATHER CONDITIONS
Weather conditions can be unpredictable and can change quickly and significantly. ACTS cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions.
CONSTRUCTION WORK
ACTS cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience. In the event of building works taking place by the resort, local authorities, private developers or neighbours, it is important to note that we are not responsible for such work and we are unable to stop such work taking place and we are unable to control the level of noise. We cannot be held responsible for any building works that take place during your retreat though we would try to get things sorted as far as possible. No refunds can be given in the event of nearby construction.
FORCE MAJEURE
Means any unusual and unforeseeable circumstances beyond our normal control, which the consequences of 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 resort, transport, or closure or congestion of roads, terrorist activity, natural disasters, industrial disasters, fire, theft, flooding and adverse weather conditions. In the event of any of the above refunds or compensation payments cannot be made. Though if this comes to our knowledge prior to the beginning of the program we would try to reschedule it.
SPECIAL REQUESTS
Where special requests for room allocation, diet considerations etc. are required, ACTS must be aware of them in writing at the time of booking. Whilst every effort will be made to ensure that these requests are fulfilled, they cannot be guaranteed. Furthermore, ACTS will not be liable for claims for consequential loss where written advice of special needs and requirements has not been received in writing at the time of booking
PRINTING, TYPING, TERMS & CONDITIONS, CALCULATION ERRORS AND OMISSIONS
ACTS 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 and without prior notice.
CONTRACT, COMPLAINTS AND SUGGESTIONS
ACTS is confident that you will not have any cause for concern during your attendance of the program. However, if you should have any problems during your stay this should first be brought to the attention of the program manager.
If you are not satisfied with the local resolution, then, any further comments or suggestions should be put in writing, within 14 days of your return, specifying the problems to: ajay@askconsulting.in
Waiver Agreement
RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS
Travel Release of Liability
In consideration for being allowed to participate in this program, on behalf of myself and my next of kin, heirs and representatives, I release from all liability and promise not to sue ASK Consulting & Training Services and their employees, officers, directors, volunteers and agents (collectively “ACTS”) from any and all claims, including claims of ACTS’s negligence, resulting in any physical or psychological injury, illness, damages, or economic or emotional loss I may suffer because of my participation in this program, including travel to, from and during the program.
I am voluntarily participating in this program. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this program, including travel to, from and during the program.
I agree to hold ACTS harmless from any and all claims, including attorney’s fees or damage to my personal property, that may occur as a result of my participation in this program, including travel to, from and during the program. If ACTS incurs any of these types of expenses, I agree to reimburse ACTS. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
Participant Release of Liability
Participant’s Acknowledgement and Assumption of Risk:
Participant acknowledges that the Services provided by ACTS, hereunder include participation in strenuous physical activities, including, but not limited to, yoga, weight training, walking, jogging, running and possible various nutritional programs offered by ACTS, (the “Physical Activities.”) Participant acknowledges these Physical Activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused, occurring during or after participation in the Physical Activities. Participant further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of Participant, slip and fall by Participant, or an unknown health problem of Participant. Participant agrees to assume all risk and responsibility involved with participation in the Physical Activities. Participant affirms that he/she is in good physical condition and does not suffer from any disability that would prevent or limit participation in the Physical Activities. Participant acknowledges participation will be physically and mentally challenging, and Participant agrees that it is the responsibility of the Participant to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of the Participant to take part in the Physical Activities. Participant agrees to assume all risk and responsibility of she/he exceeding his or her physical limits. Client further acknowledges that he/she is not relying on ACTS expertise and expressly waives and warranties of fitness for a particular purpose, fitness of ordinary use, qualifications of ACTS or any other implied or express warranty to the fullest extent permissible by law.
Limitation of Liability and Full Release of ACTS:
Participant, his or her heirs, assigns and next of kin, agree to fully release ACTS, its owners, employees, any related entities or other authorized agents, including independent contractors from any and all liability, claims and/or litigation or other actions that Participant may have for injuries, disability or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, breach of warranty or arising out of participation in the Services, including, but not limited to the Physical Activities, even if caused by the negligence or fault of ACTS, its owners, employees, any related entities or other authorized agents, including independent contractors.
I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing ACTS from all liability, (b) promising not to sue ACTS, (c) and assuming all risks of participating in this program, including travel to, from and during the program.
I understand that this document is written to be as broad and inclusive as legally permitted. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.
I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
