Terms & Conditions
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists when ELE Group, LLC., d/b/a Eleusinia Retreat (“Eleusinia”) issues a written confirmation after receipt of the applicable total amount due and owing. Please check your confirmation carefully and report any incorrect or incomplete information to Eleusinia 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 Eleusinia.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying Eleusinia if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Eleusinia will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. MEDICAL DISCLAIMER
You are responsible for assessing whether the retreat and experience is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations, activities, and medical precautions. Eleusinia does not provide any medical advice nor makes any medical representations of any kind. It is your responsibility to assess the risks and requirements of each aspect of the retreat and possible experiences based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel to Mexico, or other locations, including the location of the retreat involves visiting a remote developing region, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in various regions of Mexico varies and Eleusinia makes no representations and gives no warranties in relation to the availability or standard of medical facilities in the area where the retreat is located.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to Eleusinia at the time of booking. Eleusinia will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destination 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 Eleusinia at the time of booking or on the questionnaire you will receive after booking. Eleusinia cannot guarantee that dietary needs or restrictions can be accommodated, but will take reasonable steps to accommodate dietary requirements. Any special requests or requirements do not form part of these Terms or the contract between you and Eleusinia, and Eleusinia is not liable for any failure to accommodate or fulfill such requests.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to one minor. Unless otherwise indicated, minors are neither encouraged nor recommended for such a retreat.
All bookings with a minor are subject to review and approval by Eleusinia. 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 country or region. Eleusinia 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. Eleusinia does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. INSURANCE REQUIREMENTS
YOU MAY BUT ARE NOT REQUIRED TO HAVE TRAVEL INSURANCE. WE RECOMMEND CARRYING MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel. This insurance though not mandatory, is nevertheless recommended and 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 offered by Eleusinia and you can obtain separate coverage at an additional cost through third party providers. 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 trip so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
Eleusinia will not increase the price of your booking after you have paid in full.
From time-to-time Eleusinia 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 Eleusinia are not entitled to reduced pricing.
Airfare and any miscellaneous travel and related costs are not included in the pricing provided by Eleusinia.
All dates, itineraries and prices of the retreat are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
9. You acknowledge that you are responsible for keeping up to date on the specific details of your trip and any other products or services, including, but not limited to checking Eleusinia website and your email at least 72 hours prior to your arrival as minor changes may have been made after the time of booking.
10. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by Eleusinia along with final payment. If you fail to supply information required by Eleusinia for room allocation/coordination, permits (if any), 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 Eleusinia, Eleusinia 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 Eleusinia, in its sole discretion. The information required by Eleusinia will vary and will be communicated to you during the booking process. Eleusinia 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.
Retreat prices do not include international or other airfare.
Please consult the air carrier with whom you book for applicable air carrier terms and conditions and conditions of carriage for complete information including applicable cancellation terms. ¬¬ Eleusinia is not responsible for changes in air itineraries or flight times and does not provide alerts regarding air travel tickets, flight status or delays.
12. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by Eleusinia contain details of final payment required for any booking. Payment of the balance of the price for the retreat is due 60 days before the date of the commencement of the retreat. If full payment is not received by the applicable due date, Eleusinia may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the start date of the retreat, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
Eleusinia LLC is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Eleusinia LLC.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying Eleusinia. If you wish to cancel, you may do so up to 45 days before the retreat start date, and 100% of the total cost paid minus the deposit can be applied towards a future retreat. For full cancellations made between 45 and 30 days before the retreat, 50% of the total cost paid can be refunded or applied towards a future retreat. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Eleusinia and are expressed as a percentage of the total price paid for the cancelled trip (excluding any insurance products).
14. CANCELLATION BY ELEUSINIA LLC
Eleusinia guarantees that all retreats booked and secured will commence as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns, including any emergencies and subject to the requirements above. This guarantee is not applicable in the case of Force Majeure. Brochures and other printed materials displaying retreat information and commencement dates are subject to change and may not be relied upon for purposes of this guarantee.
If a retreat is cancelled by Eleusinia before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Eleusinia:
(a) a substitute retreat of equivalent or superior value at a later date; or
(c) a full refund of all monies paid for the cancelled retreat.
Eleusinia is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, Eleusinia reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of the retreat as described cannot be provided after approval, Eleusinia will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Eleusinia may provide you with a refund for unused products or services as determined in its discretion. UNDER NO CIRCUMTANCES WILL ELEUSINIA BEAR ANY COSTS OR RESPONSIBILITY FOR ANY CLAIM OR DAMAGES IN EXCESS OF THE SUMS PAID FOR THE RETREAT BY THE PARTY SEEKING RELIEF.
15. 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 Eleusinia as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the 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 Eleusinia that is a direct result of your failure to secure or be in possession of proper travel documentation. Eleusinia 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 Eleusinia is not responsible for any errors or omissions in this information.
16. 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 Eleusinia. Schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Eleusinia (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 Eleusinia, including your removal from the Retreat because of your negligence or breach of these Terms.
Once the Retreat has departed/commenced, 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 Eleusinia. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel/stay with Eleusinia, whether or not such expenses arise from a change of itinerary, and the Eleusinia is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during the Retreat. Eleusinia 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 Eleusinia is accurate and up-to-date. Any changes to your name on any booking are subject to Eleusinia approval. Any changes to a booking depend on availability and are subject to Eleusinia 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 aspect of the Retreat, 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.
18. ACCEPTANCE OF RISK
You acknowledge that adventure travel and the products and services offered by Eleusinia may involve a significant amount of risk to your health and safety. By traveling/staying with Eleusinia, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release Eleusinia from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel/staying abroad, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Retreat itineraries or otherwise offered by Eleusinia. This includes, but is not limited to safety issues that could arise in a foreign country. Eleusinia requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) which will be provided to you at the Retreat.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where a Retreat take place are often lower than the standards you may reasonably expect in your home country or region. You agree that Eleusinia is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Retreat, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Retreat or, if in the opinion of Eleusinia (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Eleusinia may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Eleusinia’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Eleusinia or Eleusinia suppliers for property damage, destruction or theft caused by you while on the Retreat. You agree to immediately report any pre-existing damage to a representative of Eleusinia and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices and obeying all posted signs and oral or written warnings regarding health and safety. Neither Eleusinia nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to Eleusinia as soon as possible in order to provide Eleusinia with the opportunity to properly address such complaint. You agree to inform your retreat leader, or another representative of Eleusinia immediately. Eleusinia assumes no liability for complaints that are not properly brought to the attention of Eleusinia and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of Eleusinia must be received in writing by Eleusinia within 30 days of the last day of travel of the booking in question.
19. ELEUSINIA IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
Eleusinia makes arrangements with accommodation providers, activity providers, transfer 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 Eleusinia takes all reasonable care in selecting Third Party Suppliers, Eleusinia 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.
Eleusinia 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.
Eleusinia is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
20. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Retreat itinerary or price of the Retreat and which does not form part of the Retreat. You agree that any assistance given by Eleusinia representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and Eleusinia makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of Eleusinia regarding any Optional Extras. You release Eleusinia 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.
Eleusinia and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any accommodation, aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Eleusinia for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Eleusinia or of the Third Party Suppliers of any services which form part of the booking contract then Eleusinia limits its liability, where applicable by all applicable international conventions and by the terms of this Agreement, which limit any and all such liability to the actual amount paid for the retreat.
Any damage payable by Eleusinia up to the limits will be reduced in proportion to any contributory negligence by you.
To the extent that any provision in these Terms is made null and void by Texas law or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. Notwithstanding anything to the contrary elsewhere in these Terms, Eleusinia will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the above, any liability Eleusinia may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Retreat, not including insurance premiums and administration charges. Eleusinia will not at any time be liable for any loss of or damage to valuables of any nature and/or to luggage. You further agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against Eleusinia and its suppliers, contractors or other third parties.
22. FORCE MAJEURE
Eleusinia 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 Eleusinia’s 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, pandemic, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Eleusinia; or an event which Eleusinia or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
23. IMAGES AND MARKETING
You agree that, while participating in any Retreat, images, photos or videos may not be taken by Eleusinia or its representatives that may contain or feature your face. Photography of any kind that identifies the identity of the person being photographed is not permitted.
Eleusinia must collect your personal information to organize the Retreat and any products or services booked, including logistical concerns. Eleusinia collects, uses and discloses only that information reasonably required to enable Eleusinia and its Third Party Suppliers to provide the particular Retreat, products and/or services that you have requested. By submitting any personal information to Eleusinia, you indicate your acceptance of this policy.
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.
26. 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.
27. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Texas, and you submit to the exclusive jurisdiction of the courts located in Harris County, Texas for the resolution of any dispute under these Terms or concerning any Retreat.
Eleusinia reserves the right to update or alter these Terms at any time, and will post the amended Terms on Eleusinia’s website at https://www.eleusiniaretreat.com/. Any amendment will take effect 5 days after being posted to the website. An up to date copy of these Terms, as amended, may be accessed at any time on Eleusinia’s website and will be sent to you upon written request to Eleusinia. You are deemed to have accepted any amendments to these Terms on the date that is 5 days after their posting on Eleusinia’s website. Eleusinia recommends that you refer to the Terms prior to travel to familiarize yourself with the most up-to-date version available.
By booking or traveling to a Retreat, you certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. Eleusinia reserves the right in their sole discretion to accept, decline or remove any person at the Retreat should Eleusinia determine said person is a danger and/or nuisance to others, themselves and/or the Eleusinia staff. .