Onanyan Shobo
T erms
and Conditions, waiver of all claims, release from liability and assumption of
risks
I (enter name ),
the participant, acknowledge to have read the following terms and conditions of
taking part to this retreat facilitated by El Mundo Magico Ltd to Onanyan Shobo
and taking place on
(specify retreat date-s ). I am also fully aware that this journey involves deep cleansing
through the use of cleansing and entheogenic plants, and/or powerful
consciousness altering plant-based
concoctions, like "Ayahuasca", traditionally used in the Amazon Rainforest of
Peru for healing, vision-quest and divination, in the controlled mainframe of a
religious-shamanic use, to which El Mundo Magico itself strictly abide and
exclusively and responsibly operates. I - the participant - am clear
about the meaning of this and understand that the intake of these plants may
cause deep emotional as well as physical reactions, and that spiritual,
emotional and physical break-throughs, may take place as part of the experience
and of the healing process.
1.0 Programme changes, cancellations and refunds
El Mundo Magico
L td
( Registered in England, 21 September 2000,
N. 4076005 - Registered Address: Flat 5, 8 Queen's
Road, Lexden, Colchester CO3 3NP, Essex, England, United Kingdom)
reserves the right to accept
or kindly decline the application of a journey participant at any time, to make
changes in the programme whenever reputed necessary for the comfort, convenience
and safety to all participants, and to cancel a trip at any time. In the
extremely unlikely event that a journey would be cancelled by us, El Mundo
Magico and its affiliates shall have no responsibility beyond the refund of
money effectively received by the journey participant.
1.1 Ayahuasca retreat: cancellations & refund
policy
[Refunds: Up to 26 days before your arrival in Lima/Iquitos]:
In case of trip/retreat cancellation on your part, up to 26 days before your
arrival in Lima - or Iquitos (if your journey is not organized by us from
Lima), we will retain £ 240 GBP per retreat participant, for administrative
fees, and refund the difference paid by you, after bank fees (i.e. after all
bank fees we may incur to send you the refund). Should we also incur in any
charges from the service providers - i.e. Hotels, Peruvian travel agencies
and/or tour operators, banks, guides, interpreters, associates, and/or any other
third party contracted for the organization of your trip/retreat - the
retreat/journey participant will be entirely liable for the repayment of these
charges which we would have incurred. These extra charges - when present - will
be added to the standard cancellation fees of £ 240 GBP, and detracted from the
refundable amount originally paid by the journey/trip/retreat participant.
No refunds BEGINNING FROM 25 days before the scheduled ayahuasca
retreat date . For the sake of clarity, please note that the no-refund period
BEGINS FROM 25 days before the scheduled retreat date and is counted both
towards cancellations made by you ("the retreat participant") before your booked
trip/journey/retreat date and to cancellations/abandonment/curtailing of your
scheduled trip/journey/retreat whilst you ("the retreat participant") are
already in Peru, and have already began your retreat in Onanyan Shobo. No
refunds for unused retreat/journey time and/or other services provided by us and
not used by you.
1.2 Plant diet retreat: cancellations & refund policy
[Refunds: Up to 46 days before your arrival in Lima/Iquitos]:
In case of trip/plant diet retreat cancellation on your part, up to 46 days
before your arrival in Lima - or Iquitos (if your journey is not organized
by us from Lima), we will retain £ 240 GBP per retreat participant, for
administrative fees, and refund the difference paid by you, after bank fees
(i.e. after all bank fees we may incur to send you the refund). Should we also
incur in any charges from the service providers - i.e. Hotels, Peruvian travel
agencies and/or tour operators, banks, guides, interpreters, associates, and/or
any other organization of your trip/retreat - the retreat/journey participant
will be entirely liable for the repayment of these charges which we would have
incurred. These extra charges - when present - will be added to the standard
cancellation fees of £ 240 GBP, and detracted from the refundable amount
originally paid by the journey/trip/retreat participant. No refunds BEGINNING
FROM 45 days before the scheduled plant diet retreat date . For the sake of
clarity, please note that the no-refund period BEGINS FROM 45 days before the
scheduled retreat date and is counted both towards cancellations made by you
("the retreat participant") before your booked trip/journey/retreat date and to
cancellations/abandonment/curtailing of your scheduled trip/journey/retreat
whilst you ("the retreat participant") are already in Peru, and have already
began your plant diet retreat in Onanyan Shobo. No refunds for unused
retreat/journey time and/or other services provided by us and not used by you.
1.3 Cancellations & schedule change
No schedule change is allowed after your travel plan has been agreed-on,
prepared and confirmed by us, received by you and/or all reservations placed by
us following your original indications of dates and times. Any subsequent
schedule change requested by you will be treated technically as a ìcancellationî
of your originally planned itinerary, and will incur into an extra penalty fee
of £ 240 GBP - plus any extra amount (if applicable) charged to us by the
service providers as specified above.
1.4 Exceptions
In exceptional cases, however - if we repute feasible and reasonable that your
ayahuasca or plant diet retreat with us might be re-scheduled at a later time,
at our sole discretion, subject to previous assessment of suitability,
feasibility and availability of places, and written confirmation by us - we
might consider the re-scheduling of your retreat, subject to the payment of a
cancellation fee of £ 240 GBP per participant, which must be received by us, net
of bank fees. Bank fees are payable by you, for all payments received by us/made
by you, from abroad. Should we also incur in any charges from the service
providers - i.e. Hotels, agencies, tour operators, banks, guides, interpreters,
associates, and/or any other third party contracted for the organization of your
trip/retreat - the retreat/journey participant will be solely liable for the
repayment of these charges which we would have incurred. These extra charges -
when present - will be added to the standard cancellation fees of £ 240 GBP.
Please note that once you begin or trespass the 25-days no-refunds period for
the ayahuasca retreat and the 45-days no-refunds period for the plant diet, the
re-scheduling of your retreat, even with the payment of the cancellation fees +
extra charges (if and when appropriate), is an entirely and purely
facultative procedure, which we will apply at our sole discretion . Once the
official deadline for refunds has expired, there will be no formal entitlement
to refunds whatsoever.
1.5 Unused services
There will be no refunds made for cancelled or unused services whatsoever. It is
not possible to exchange the money paid for a retreat in Onanyan Shobo with any
other retreat or programme we offer.
2. Transportation
By registering the participant agrees that El
Mundo Magico Ltd shall not be liable for any delay,
change in schedule
including - but not limited to - delays, rescheduling and/or cancellations of
flights whether operated by international and/or domestic airlines (for which
relevant insurance cover must be arranged before the trip and relevant claim
forwarded to your insurance company) ,
loss, damage, or injury to property or persons including death, or expenses
occasioned by any act or omission by any supplier providing services to any
program participant.
When your trip within Peru excludes all travel
arrangements from/to Lima, you agree that El Mundo Magico Ltd cannot be held
responsible whatsoever for any delay, cancellation, or alteration of your flight
itinerary and consequent potential losses arising from airlines' change of
schedules.
In all cases,
whether or not your retreat is organized by us and/or our agents and
representatives in Peru, from your first arrival in Lima, you acknowledge that a ll
scheduled airline flights are occasionally subject to overbooking or
cancellation, and that we have no responsibility for any additional expense,
omission, delay, reconfirmation or re-routing that may occur in such a
circumstance.
Without
limitation El Mundo Magico Ltd is not liable for any direct, indirect,
consequential, or incidental damage, injury, loss, accident, delay or
irregularity of any kind which may be occasioned by reason of any act or
omission beyond its control, including, without limitation any wilful or
negligent act or failure to act or breach of contract of any third party
such as a airline, train, local ground or water transportation, or other which
is or does supply any goods or services for the trip.
3 . Force majeure
You agree that El Mundo Magico Ltd shall not be
liable for any loss, injury, or damage to person, property or otherwise in
connection with any accommodations, transportation or other services resulting
directly or indirectly from
causes of force majeure ,
including but not limited to dangers incident to water, air or earth, fire,
breakdown in machinery or equipment, acts of governments or other authorities,
dejure or de facto, strikes, riots, criminal activity, thefts, pilferage,
epidemics, quarantines, medical or customs regulations.
Force majeure
is unusual and unforeseeable circumstances beyond our control, the consequences
of which neither we nor our suppliers or associates could avoid, even with the
exercise of all due care, further examples of which are war or threat of war
(whether declared or not), hostilities,
civil disturbances, civil strife,
terrorist activity, industrial disputes, natural or nuclear disaster, adverse
weather conditions, landslides, avalanches, level of water in rivers or other
similar events beyond our control and defaults,
delays, or cancellations of - or changes in - itinerary, routing or schedules
from any cause beyond the control of El Mundo Magico Ltd. The
undersigned - and any family member - understand
that
the Amazon Rainforest of Peru present risks and hazards
of different nature and will hold harmless
El Mundo Magico Ltd - and
its associates, representatives, employees and directors
-
for any physical, mental, emotional, or other
reaction, death, trauma, or ailment occurring during the trip or afterwards.
4. Medical
The undersigned
must be in a physical and mental condition
appropriate to the activity. He/she must acknowledge all the potential physical
and mental risks involved and agree to participate at his/her own risk.
The responsibility of taking accurate and timely health precautions - alongside
professional medical advice on the suitability and compatibility of the
participant health conditions with the Ayahuasca brew (a Monoamine
Oxidase Inhibitor, officially considered in Peru as integral part of Traditional
Amazonian Medicine) - remains entirely with the undersigned who hereby
acknowledges to have already consulted a professional Medical Practioner and to
be given favourable response to his/her partaking to the retreat, or else,
agrees to disclose any detail that may affect the compatibility of his health
conditions with the intake of Ayahuasca . When the retreat
facilitated by El Mundo Magico Ltd involves the optional experiential and
supervised use
of natural
entheogenic plants, the participant agrees to be
exclusively responsible for the following of these precautions. The liability
for any adverse effect that may result during the ingestion of these plants -
including, but not limited to, the concoction known as Ayahuasca - remains - with no
exceptions - solely with the retreat participant who is and remain the sole
agent liable for ascertaining the compatibility of his/her own health conditions
with the use of Ayahuasca and/or other Amazonian traditional plant medicines that
may be experienced in any natural form as part of the retreat in Onanyan Shobo.
The information provided by El Mundo Magico on its website - or else, by our
agents, representatives, employees or associates
(hereinafter
referred to as 'releasees')
by telephone, fax, email, post, or other means - is
general in nature, and is offered exclusively for educational and reference
purposes only. On no account it is to be taken as a substitute for professional
medical advice or information. The information provided by us is therefore not meant to assess, diagnose,
treat, or cure any disease. We always strongly recommend you to seek
professional medical advice for recommended shots, preventive medicine and
information on potential health risks/hazards for travel to Peru and to the
Peruvian Amazon. Equally, we do not make any endorsement or representation of
accuracy for the contents presented on our website (including associated links).
Rapid advances in medical science may make at any point the information thereby
provided obsolete, invalid or debatable. You therefore agree that by using
and/or utilizing the information provided by us, you accept to release and hold
harmless El Mundo Magico Ltd from any and all liability arising directly and/or
indirectly from your use of the information contained in its web site or else, transmitted to - or used by or
in connection with - you, whether by email, fax, telephone or otherwise. Your
use of this information is therefore subject to the acceptance of these terms
and conditions.
5. Etiquette
Participants are expected to show respect at all
times for the environment they are into, and to act with kindness and courtesy
towards other group members and the local and native people met during a retreat
and during any of the external planned activities that may be integral part of
the retreat. Should the participant commit any illegal act or should his/her
behaviour affect severely other group member's enjoyment of the retreat
he/she shall be dismissed from the party and shall have no entitlement to
complaint or refunds and shall bear all the extra expenses of his/her return
home. Equally, abusive language and/or threatening behaviour towards shamans,
local people, staff, organizers and/or fellow retreat attendants will not be
tolerated under any circumstance and will trigger immediate expulsion
from the centre and/or the waiving of all fees paid with no entitlement to
refunds whatsoever.
The participant is made well aware that the Ayahuasca concoction may
induce a deep visionary status as well as no visions at all. Therefore visions
cannot be guaranteed as - and constitute - an automatic outcome to all,
as this depends very much from individual circumstances which are well outside
of our control. The visionary effects of Ayahuasca cannot therefore be
taken for granted, especially for novices, and receiving visions does not
constitute a contractual obligation on the side of El Mundo Magico Ltd. The
participant is clear on the meaning of this.
6. Insurance
The participant
understands that must have a suitable medical and travel insurance arranged
before the journey begins .
This insurance must cover
personal accident, medical expenses, loss of effects, repatriation costs and all
other expenses which might arise as a result of loss, damage, injury, delay or
inconvenience, and/or for the curtailing of the retreat itself due to
unexpected/unknown circumstances. We recommend that the policy should include an
absolute minimum cover of £
2,000,000 GBP (or equivalent in other currencies) for medical and repatriation
expenses, including - where appropriate - air ambulance repatriation. The
participant commits in providing El Mundo Magico Ltd - electronically or by
other means - a copy of his/her insurance policy, before the beginning of the
retreat in Onanyan Shobo.
7.
Travel documents & Visas
The undersigned - and any family member - will
also indemnify El Mundo Magico Ltd, for
any loss or damage resulting from insufficient or improperly issued passports,
visas or other travel documents.
8. Liability release, waiver of all
liabilities
THE
UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE El
Mundo Magico Ltd, its representatives, associates, directors or employees
(the 'releasees')
from all liability to the undersigned
for any loss or damage and any claim or demands therefore on account of injury
to the person or property or resulting in death of the undersigned, whether
caused by the negligence of the releasees or otherwise. HE/SHE FREELY ACCEPT AND
FULLY ASSUME ALL SUCH RISKS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY,
DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
THE UNDERSIGNED
further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY
AGREEMENT is intended to be as broad and inclusive as is permitted by the law of
England and Wales and that if any portion thereof is held invalid, it is agreed
that the balance shall, notwithstanding, continue in full legal force and
effect.
THE UNDERSIGNED HAS
READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
AGREEMENT, further agrees that no oral representations, statements or inducement
apart from the foregoing written agreement have been made and
acknowledges that by signing this waiver he/she will waive certain legal rights,
including the right to sue.
All bookings are done under the assumption that the participant
is willing
to sign such an agreement. Any second thoughts and subsequent refusal to sign
such an agreement will be technically treated as a cancellation of the retreat.
9. Restrictions on filming, recording & photos
during ayahuasca ceremonies
The participant is made aware and acknowledges that filming - even with
infra-red equipment - and/or audio-recording, alongside the use of a camera
(with or without flash) is strictly prohibited during the performing of
ayahuasca ceremonies.
10 . Acknowledgements, Copyright
& Legal Info
The undersigned applicant/participant agrees that any photos, videos, or notes taken during the journey may be published by El Mundo Magico Ltd, and may be used by El Mundo Magico Ltd for advertisement, and hereby gives his/her consent, without consideration, unless prior written agreements are arranged. The participant further agrees to always acknowledge El Mundo Magico Ltd - including its trading name, email, telephone and website address - in any cultural/intellectual production - be it of commercial or not-for-profit nature, examples of which may be web sites, blogs, books, articles on journals/newspapers/magazines, or else, TV, Film and Video productions (including - but not limited to - CD, CD-ROMS, Tapes and DVDs) - intended for public broadcast, access and/or diffusion. Furthermore, the participant is made aware and acknowledges that the programme of the retreat, its contents, its name, and the materials and information that has been received concerning it are the copyright, intellectual and trading property of El Mundo Magico Ltd. The undersigned agrees not to use these materials for any other purpose other than sharing information about the retreat with others and to not enter into arrangements with the venue, the shamans or any other individual or organization for the purpose of arranging, organizing, participating in, or supporting competitive events or programmes - in the broadest sense of the word - being these of commercial or not-for profit nature, as well as of private and/or public nature. The undersigned acknowledges that the proper channel for all communications and arrangements is El Mundo Magico Ltd. as the representative of the venue, and agrees to direct all communications, with no exceptions, through this channel. The participant acknowledges to indemnify El Mundo Magico Ltd. from any financial loss originating or resulting from the breaking of the contractual obligations hereby set and agreed on. The relationship between the participant and El Mundo Magico Ltd shall be governed by the English law. In the unlikely event that a controversy may not be resolved amicably, you agree to submit to the exclusive jurisdiction of the English Courts. Any controversy or claim arising out of - or related to - these Terms and Conditions, or the breach thereof shall be settled in Colchester, Essex, England (United Kingdom). Notwithstanding this, the undersigned participant agrees that El Mundo Magico Ltd shall nevertheless still be allowed to apply for injunctive measures (or other equivalent type of prompt and effective legal relief) to judicial authorities in any jurisdiction, in regard to the alleged infringement.