OUR DUTY
1. YOUR RETREAT RESERVATION
a. On receipt of your deposit, subject to availability McGuckin Fitness will reserve your place on your selected retreat. An agreement is only made between you and us upon your booking being confirmed and accepted by us and our written confirmation to you.
2. IF WE CANCEL OR CHANGE YOUR ESCAPE
a. Although highly unlikely, McGuckin Fitness reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond our control.
b. Should change or cancellation prove necessary, McGuckin Fitness will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative.
c. If an alternative is not available or acceptable, you will be entitled to either:
i. a full refund of monies paid by you to us,
ii. transfer to a new retreat.
d. If the change or cancellation is due to force majeure (ie: circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond McGuckin Fitness’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.
e. McGuckin Fitness reserves the right in cancelling retreats with less than 16 participants. McGuckin Fitness is not responsible for the costs of any other travel arrangements affected due to our cancellations or rescheduling of any Retreat departure. McGuckin Fitness strongly recommends Travel Insurance is purchased as part of your holiday plans to cover any such cancellations.
f. All refunds will be returned by the same method of payment made to McGuckin Fitness. McGuckin Fitness cannot be held responsible for any fees your bank charge to accept this refund. Refund amounts are dependent on the bank’s currency conversion on the day. McGuckin Fitness cannot be held responsible for any gains or losses made by you in this transaction.
3. MCGUCKIN FITNESS DETAILS AND CONDITIONS
a. McGuckin Fitness will do their best, at their discretion, to select accommodation, restaurants and transportation to give you good value for your money.
b. McGuckin Fitness constantly strives to improve retreat itineraries and features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries. McGuckin Fitness is not responsible for any other travel arrangements affected due to our cancellations.
FOR YOUR INFORMATION
4. BOOKING YOUR RETREAT
a. In order to reserve your retreat, a non-refundable deposit of $500AUD per person is required, or the full amount payable if the booking is made within 150 days of your Retreat.
b. Your reservation will be confirmed on receipt of a non-refundable deposit of $500AUD per person per retreat. The remaining balance/full amount from which the deposited amount is deducted, is to be paid upon the date stated in your confirmation email.
c. Your successful payment of your deposit will also act as confirmation that you have read and agree with these Terms & Booking Conditions.
d. Any special meal requirements will be made on a request basis only. McGuckin Fitness cannot guarantee special meal requests nor will it assume any responsibility or liability if clients’ special meal requirements are not fulfilled.
e. You may request additional information via email regarding transfer and general transportation information from your arrival point to your accommodation. McGuckin Fitness will assist you with additional information and possible organisation if needed within its possibilities.
f. Booking correspondence is made by email. You take responsibility to set email filters to accept our email address. No extensions will be given for misplaced emails filtered into junk mail folders.
5. PAYING YOUR BALANCE
a. The balance of your retreat must be paid no later than 150 days prior to your retreat date which shall be by the due date stated on the confirmation email issued to you by McGuckin Fitness. Failure to make payment by the due date may result in your place being offered to our waitlist and forfeiting your non-refundable deposit.
b. If payment isn’t made by the due date, McGuckin Fitness may assume that you have cancelled and cancellation charges are applied in accordance with 6.c below will be levied by McGuckin Fitness.
c. McGuckin Fitness reserves the right to cancel the booking and apply cancellation charges should payments not be received within the above specified periods.
6. IF YOU CANCEL
a. Notice of cancellation must be made in writing (email) to McGuckin Fitness
b. If you cancel more than 150 days before departure, your deposit of $500AUD per person will not be refunded, nor can it be credited to any other booking.
c. Upon cancellation you will be liable to pay a fee to cover the estimate of cost and expenses incurred by us in the terms of the schedule set out hereunder. This is expressed as a percentage of the retreat price and is calculated as follows:
150+ days: Deposit is forfeited
120 – 150 days: Deposit + 50% retreat balance is forfeited
120 days or less: 100% retreat is forfeited
NOTE: If your room can be filled by an alternative participant, you will be refunded your retreat amount minus the $500 non-refundable deposit per person.
d. All refunds will be returned by the same methods of payment made to McGuckin Fitness. McGuckin Fitness cannot be held responsible for any fees your bank charges to accept this refund. Refund amounts are dependent on the bank’s currency conversion on the day. McGuckin Fitness cannot be held responsible for any gains or losses made by you in this transaction.
7. IF YOU CHANGE YOUR BOOKING
a. If after your booking has been confirmed and more than 150 days prior to your retreat date you wish to change to an alternate retreat date or you wish to change to a different McGuckin Fitness Retreat, you may do so subject to availability and provided the new retreat date is still currently advertised.
b. A fee of $100AUD per person will be charged for any revision or alteration made to a reservation after the booking is confirmed unless that change increases the value of the booking, in which case the difference must be paid. A change of a retreat booking within 150 days of the Retreat will be treated as a cancellation and normal cancellation fees will apply except when the change is to a different Retreat date of equivalent or great value in which case a $100AUD per person amendment fee will be charged.
8. RETREAT DETAILS AND CONDITIONS
a. McGuckin Fitness strives to provide a safe, enjoyable and memorable travel experience for all guests.
However, please note the following:
i. All guests must ensure they are medically and physically fit for travel. McGuckin Fitness may impose safety requirements necessary for the safe operation of the retreat. McGuckin Fitness may also exclude an individual from participating in a retreat or an activity if that individual’s participation poses a direct threat to health or safety.
ii. McGuckin Fitness does not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). A companion capable of providing such assistance must accompany any passenger who requires services of a personal nature.
iii. McGuckin Fitness does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the guest’s expense. McGuckin Fitness is not responsible or liable for any losses or costs incurred as a result of medical service obtained with on a retreat, or for the quality of the care or services required.
iv. Guests should be aware some retreats include rough terrain when on land, walking over uneven pavement, steps and locations which may not be easily accessible. During the retreat, McGuckin Fitness may make arrangements with independent suppliers to provide travel services. These parties are independent entities over which McGuckin Fitness has no control. McGuckin Fitness cannot guarantee disability access or accommodations for all guests.
b. McGuckin Fitness may, at its sole discretion, decline the booking of any passenger or remove any guest(s) who cannot comply or refuses to comply with McGuckin Fitness terms and conditions. McGuckin Fitness is not responsible for any costs incurred in the event a guest is removed from a retreat. Guests agree not to hold McGuckin Fitness or any of its related entities liable for any actions taken under these booking conditions.
c. You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the retreat.
d. There may be times when a McGuckin Fitness representative has to make a decision in your best interests of the best interests of their group. You agree to comply with the authority and decisions of the appointed McGuckin Fitness representative and the laws of the country in which you are travelling. If you do no so comply or if, in the McGuckin Fitness representative’s opinion, you are not compatible with the general enjoyment and well-being of other members on the retreat or smooth operation of the retreat itself, we reserve the right to refuse to let you continue with the retreat. We do not tolerate the possession or carriage of illegal or restricted substances (drugs). Furthermore, you agree that your fellow guests and any McGuckin Fitness representative has the right to travel/work in a safe environment. Any threats to their safety, well-being or inappropriate behaviour by you, whether verbal or physical, will be taken extremely seriously and may result in the immediate termination of your retreat. In either event, you will be responsible for you own repatriation and related costs and have no claims against McGuckin Fitness.
e. You are responsible to any costs incurred as a result of damage or excess cleaning fees relate to your accommodation. You are advised to immediately report any pre-existing damage in your room to staff and/or the McGuckin Fitness representative as soon as it is discovered.
f. Guests are obliged to follow hotel rules.
g. It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected vacation as well as any necessary vaccinations and to comply with all applicable laws. McGuckin Fitness is not responsible for any costs incurred as a result of failing to obtain necessary visas. Any costs whatsoever regarding obtaining, replacing or changing visas whilst on the Retreat (including accommodation, meals, flights and transfers incurred due to associated delays) are at your own expense.
h. You agree that our McGuckin Fitness retreat representatives may take photographs and films of you while you are on retreat and that these may be used in our brochures and/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films.
i. If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.
j. If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs.
k. Should you have a complaint in respect of the retreat, you should inform the McGuckin Fitness representative during the course of the retreat and if the matter cannot be resolved after the representative’s best endeavours to do so during the retreat, your complaint will be followed up after completion of the retreat.
l. Should any dispute arise concerning this policy, the dispute will be determined in accordance with the law of Australia and the States and Territories thereof. In relation to any such dispute the parties agree to submit to the jurisdiction of any competent court in Queensland, Australia.
9. INSURANCE
a. It is compulsory that you take out comprehensive insurance cover for cancellation, personal injury, death, medical expenses, repatriation expenses and evacuation expenses before you travel on a McGuckin Fitness retreat. We strongly recommend your insurance also covers cancellation, personal liability and loss of personal property. Please check that the insurance covers all of the activities you are going to be participating in. Some policies exclude certain adventure activities. McGuckin Fitness cannot be held responsible for your failure to take out appropriate insurance. You also agree to indemnify McGuckin Fitness against all third-party claims, actions, damages and remedies which may be brought against McGuckin Fitness in respect of your participation in the Retreat.
10. ILLNESS OR ABSENTEEISM
a. In the event of your withdrawal from your retreat after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.
11. WHATS NOT INCLUDED IN YOUR RETREAT PRICE
a. Airfares to and from your retreat destination, airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, personal expense money, medical fees, sightseeing, visits, entrance fees and meals not detailed in the itinerary, tips to Trip Managers, crew, representatives and local guides, items of a personal nature, excess baggage, optional excursions and anything else not listed in the retreat Date Flyer.
12. WEATHER CONDITIONS
a. Under no circumstances can McGuckin Fitness be held responsible for weather conditions, nor can any retreat be cancelled or amended by you at any time on the basis of any weather conditions. Your safety is our priority.
13. SPECIAL NOTE FOR HOTELS
a. Guests have to follow all Hotel rules and in case of inappropriate behaviour, McGuckin Fitness / Hotel Management reserve the right in asking clients to leave.
b. McGuckin Fitness will not be responsible for any accidents that may occur in the Hotel and insist that clients are informed of this.
GENERAL
14. CONTRACTING PARTIES
a. The booking conditions detailed herein contain the entire contract between you and McGuckin Fitness. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorised officer or director of McGuckin Fitness.
b. Your contract is with us as the retreat operating company. At any time and at our company’s discretion we may nominate to you in writing any other company of person to have the benefit of some or all of those provisions of this contract, which me may then specify, as if you had agreed the provisions concerned directly that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.
c. Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time guests are not on board planes, transportation or conveyances. We rely on international convention, national and international law which may apply to the services provided by us, our suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol (in relation to air travel, or Montreal Convention; the Berne Convention for rail travel: Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road the Paris Convention 1962 for Hotels. We are to be regarded as having all benefit of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to travellers and luggage. Enrolment in and payment for a retreat shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this brochure which cannot be varied except in writing by an officer of the Company.
d. McGuckin Fitness is not a carrier or hotelier nor does it own vessels, hotels or coaches. All bookings with carriers, hoteliers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give every reasonable assistance is helping to resolve any reasonable dispute.
e. Please note that no carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of a retreat from McGuckin Fitness or as having any other legal relationship with any such purchaser.
f. Every effort is made to ensure our information is accurate, however McGuckin Fitness cannot be held responsible for typographical errors, or errors arising from unforeseen circumstances.