These are the Terms and Conditions that will apply to your retreat booking. Please read them carefully as you will be bound by them.
These Terms shall constitute the entire agreement between The Gates Company (also referred to as TGC) and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.
The contract and booking is made with, and services will be provided by, The Gates Company. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
BOOKING RETREATS + THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with TGC, you accept on behalf of yourself and all those named on the booking, including minor(s) and/or person(s) under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when TGC sends a confirmation email. It is at this point that a contract between TGC and the Client comes into existence. Before your booking is confirmed and a contract comes into force, TGC reserves the right to increase or decrease trip prices. TGC reserves the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with TGC, which sells the retreat described in this website.
**Please note that TGC only offers retreats and related activities to women over 21 years of age.
TGC Travel Specialist will contact you regarding your completed registration to confirm your participation in your selected trip. Confirmation of your participation does not necessarily mean that your trip is confirmed to run. TGC encourages you to refrain from purchasing non-refundable travel until you have all the information and are certain you are ready to purchase.
DEPOSITS + CANCELLATIONS
You may book a retreat with a deposit (down payment) until three months prior to the retreat start date, after which full payment is required to secure your spot (if any are still available). Our retreats typically fill three or more months in advance.
The remaining balance of your retreat payment is due 100 days before the retreat begins. We notify you of the balance due date after your deposit has been processed. We understand that unexpected events can arise that can affect your plans. We recommend all our retreat guests purchase travel insurance to protect their purchase. Booking early ensures you a spot in a retreat, many of which sell out far in advance.
- If you cancel more than 90 days before the retreat begins, you may request a partial refund (less the cancellation fee of $500).
- All retreat payments become non-refundable less than 90 days before the retreat begins.
- Or, you may transfer your booking to a friend and have her repay you for your spot (just let us know of the name change on your booking!) 90 days or more before the retreat begins.
Pricing + Fees
All retreat prices are quoted and payable in USD.
TGC is not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing funds in another currency.
MEDICAL CONDITIONS + SPECIAL REQUIREMENTS
The Client must notify TGC in writing during the process of booking (on your registration form) of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and/or any medical condition. Failure to notify TGC may result in the Client being refused travel. Failure to notify TGC of any such condition that results in cancellation will have full cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. TGC may refuse to accept pregnant women over 24 weeks or Clients with certain conditions. TGC is not required to provide any special facilities unless it has agreed to do so in writing. TGC will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore TGC is not liable for not providing these requests. Medical facilities vary from place to place and TGC makes no representations and gives no warranties in relation to the standard of such treatment.
ACCEPTANCE OF BOOKING + FINAL PAYMENTS
Acceptance of Booking
TGC will confirm acceptance of the Client’s booking via email. Please ensure TGC is on your contact list so our emails don’t go to your junk folder!
Final Payment
For all retreats, the payment of the final balance payment is due 100 days prior to the retreat start date, if you choose a payment plan option.
Once You’ve Paid Your Full Retreat Payment
- Full retreat payments can only be refunded or transferred to another retreat if you notify us 100 days or more before the retreat begins. For this reason, we recommend you purchase travel insurance to fully reimburse you for the pre-paid, non-refundable portions of your booking if you experience a covered loss due to an unforeseen event such as illness or inclement weather.
- Alternatively, you may transfer your booking to a friend until 90 days before the retreat (and have her pay you directly for your booking). In this case, simply notify TGC of the name change on the booking. TGC is not responsible for finding someone to take your place.
- If the final balance is not received by the due date, then your booking cannot be guaranteed and TGC reserves the right to cancel your booking and forfeit your deposit.
- For our virtual retreats only, you may receive a full refund within the first seven days of the program.
CANCELLATION OF A RETREAT HELD BY The Gates Company
TGC reserves the right to cancel any trip for any reason, but will not cancel a retreat less than 90 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the TGC control. When a tour is canceled by TGC before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
- Transfer her deposit to another retreat taking place within the next 12 months, or:
- Receive a full refund of all monies paid under the contract as soon as possible.
TGC is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternate tour of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, TGC will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, TGC will provide the Client a refund of unused retreat portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the TGC’s control, TGC will in some circumstances offer compensation. Significant alterations do not include the substitution of a transportation method, modification of itineraries, change in hotel accommodation or meal offering.
AIRFARE
All TGC trips do not include national or international airfare. TGC strongly recommends you wait until the trip is confirmed to run before booking airfare or making any non-refundable travel arrangements.
TRAVEL + HEALTH INSURANCE
TGC highly recommends Clients obtain travel medical insurance with a minimum medical coverage of $100,000 while traveling with TGC. This insurance must cover personal injury and emergency medical expenses.
It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client during travel. TGC shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a train, bus, or other mode of transportation, publicly owned or operated by TGC or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. TGC cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by TGC such as hotels, huts, expedition vehicles, boats or any other mode of transportation.
The Client acknowledges that the cost of TGC retreats do not include insurance and that the Client has been advised to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
EVACUATION PROCEDURES AND COSTS
We reserve the right to prohibit any traveler from continuing on a trip with no right of refund if, in our opinion, that traveler’s actions pose a threat to the safety of others, to the wildlife, themselves, or if the traveler’s actions and/or behaviors are harming the enjoyment of the trip for others.
Evacuations costs are to be covered by the person being evacuated if injury occurs.
TRAVEL DOCUMENTS
Valid Passport: The Client must be in possession of a valid passport required for entry, departure and travel to retreat destinations outside the U.S. (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates (if required), insurance policies, etc. are required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the retreat and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by TGC regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client and TGC is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Retreat Details: To expedite the obtaining of travel documents and flight bookings please note that all international trip-related documents such as Retreat Planning Guides will be sent via email once the trip is confirmed to run. TGC will aim to confirm trips within a reasonable timeframe.
CLAIMS + COMPLAINTS
If a Client has a complaint against TGC, the Client must first inform the Retreat Leader or guide at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, contact TGC CEO whilst on retreat in order that TGC is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on tour will result in the Client’s ability to claim compensation from TGC being extinguished or at least reduced. If satisfaction is still not reached through these means on retreat then any further complaint must be put in writing to TGC within 30 days of the end of the trip.
CLIENT RESPONSIBILITY
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, and physical challenges greater than those present in her daily life. By booking travel with TGC, the Client acknowledges she has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with different geographical areas,, weather conditions, physical challenges, and laws in effect along the itinerary, and is encouraged to make contact with her family or friends regarding the trip destination.
SUPPLIERS + INDEPENDENT CONTRACTORS
Hotels, shuttle services, excursions or other elements of a TGC Retreat will be arranged by Client with local suppliers who may themselves engage the services of local operators and/or sub-contractors. TGC will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable. These may limit or exclude the liability of the supplier. The liability of TGC will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing the performance of the services of any supplier. Neither TGC nor any carrier is liable for independent contractors.
SAFETY + TRIP ENJOYMENT
We take your safety and well-being very seriously, which is why we partner with licensed companies and other trained professionals for our retreats. However, you are ultimately responsible for your safety, which is why we ask all retreat participants to sign a liability waiver before departure. To avoid possibly dangerous situations, it is extremely important that you obey any rules and regulations imposed by the TGC Retreat Leaders and instructions given by them.
TGC reserves the right to prohibit any Client from continuing on a trip with no right of refund if, in our opinion, that Client’s actions pose a threat to the safety of them, others, or to the wildlife, or if that Client’s actions or behaviors are seriously jeopardizing the enjoyment of the trip for others. The decision of the TGC Retreat Leader or representative will at all times be final on all matters likely to affect the safety and well-being of the trip. All Clients must, at all times, strictly comply with the laws, and regulations of all cities and or states visited, and TGC will not accept responsibility or liability for any Client who contravenes any laws or other regulations of any place visited.
HEALTH + FITNESS
Most trips should not be overly strenuous for people who are healthy and reasonably fit. All travelers are expected to carry their own bags, maneuver stairs, and be able to walk outside on outdoor pathways. If you (or anyone on whose behalf you are booking) are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip, you must advise us of this at the time of booking. If your health or fitness changes between the time of booking and the trip departure date, you must notify the TGC office of these changes before the trip starts.
PHOTOGRAPHY
In the course of participation in a TGC event, photos or video may be taken by participants or guides. These images may be used in any TGC materials, website, Facebook, etc., unless Clients specifically request to the photographer or in writing to TGC, to not use any material your image is depicted in. Otherwise, permission is granted to TGC to perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
RETREAT ITINERARY CHANGES
TGC and its partners reserves the right to alter retreat programs and itineraries due to weather or road conditions. These programs may be changed or cancelled at any moment due the trip to assure the safety of our clients and staff. No responsibility is accepted for losses, expenses due to delays, changes of flights or other services because of strikes, accidents, sickness, damage, negligence, weather, war, changes in schedules or other similar causes. TGC and its partners do not assume responsibility for accidents or deaths that can be traced to the participants’ negligence, acts of third parties or exterior circumstances such as weather, natural occurrences, ware or other similar causes.
DATA PROTECTION
To ensure that the retreat runs smoothly, TGC needs to use personal information (such as name, address, special needs, health conditions, dietary requirements etc.) provided by Clients to TGC, and also pass on such information to other guides or suppliers involved in the operation of the trip. TGC will apply appropriate security measures to protect such personal data and will only pass on data that is applicable to guides or suppliers responsible for the retreat. By completing the TGC Retreat Booking Form, Clients consent to this information being transferred as required.
LIABILITY
TGC is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of TGC and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which TGC and/or the relevant supplier could not even with all due care have foreseen or forestalled.
In the event that TGC is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then TGC limits its liability.
ACCEPTANCE OF RISK
The Client acknowledges that the nature of the retreat is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release TGC from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. At the time of payment, the Client is required to sign TGC’s RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. Please read carefully.
SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon TGC and the Client and their respective heirs, legal personal representatives, successors and assigns.
The Company, The Gates Company exists under, and is pursuant to, the laws of the State of Tennessee, U.S.A.
APPLICABLE LAW
The Contract and these Terms and Conditions are subject to the laws of Williamson County in the State of, Tennessee U.S.A.
WAIVER OF BOOKING CONDITIONS
These Booking Terms and Conditions may only be waived or amended by written mutual consent. When a Client completes and submits the Retreat Booking Form, they agree to accept all these conditions, and when the booking is accepted, TGC agrees to carry out the obligations as defined therein.
UPDATING OF TERMS + CONDITIONS
TGC reserves the right to update and/or alter these terms and conditions at any time, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on TGC’s website.
OTHER TERMS AND CONDITIONS
- YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
- PRIVACY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
- LINKED SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
- FORWARD-LOOKING STATEMENTS
All materials reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. We have no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You expressly understand and agree that: (i) your use of the site, including any reliance on any such opinion, advice, statement, memorandum, or information contained herein, shall be at your sole risk; (ii) the site is provided on an “as is” and “as available” basis; (iii) except as expressly provided herein we disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement; (iv) we make no warranty with respect to the results that may be obtained from this site, the products or services advertised or offered or merchants involved; (v) any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk; and (vi) you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
You understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, any of our sites or materials or functions on any such site, even if we have been advised of the possibility of such damages. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
- EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.