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Sachamama
Ethnobotanical Garden
Terms
and Conditions, waiver of all claims, release from
liability and assumption of risks
El Mundo Magico
Ltd
(Registered in England,
21
September 2000,
N.
4076005),
reserves the right to accept or kindly decline the
application of a journey participant at any time,
to make changes in the itinerary whenever reputed
necessary for the comfort, convenience and safety
to all participants, and to cancel a trip at any
time. In the event that a journey is cancelled by
us, El Mundo Magico Ltd shall have no
responsibility beyond the refund of money paid by
the participant.
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 includes all travel arrangements from/to Lima, in case of bankruptcy
of the airline
operating the scheduled national route between Lima and Iquitos, and the
consequent ceasing of the flight operations along the same itinerary, the
sole responsibility of El
Mundo Magico Ltd will be limited to the arrangement of alternative ticket(s) -
whenever possible -
along the same booked route, at no extra cost to the trip participant. In such a case, although
all possible endeavours will be made by El Mundo Magico Ltd to fit your new flight-s in a
schedule as close as possible to the original, you should note that this cannot
be guaranteed as a standard, as we have no control whatsoever over airlines' schedule
or seats availability.
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 associates 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.
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.
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 - remains entirely with the
undersigned.
When a trip facilitated by El Mundo Magico Ltd
involves the optional experience of psychotropic
natural plant medicines, 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
medicines - including the concoction known as
Ayahuasca - remains - with no exceptions -
solely with the retreat attendee. The undersigned
is the sole agent liable for ascertaining the
compatibility of his/her health conditions with
the use of Ayahuasca and/or other
traditional psychotropic plant medicine that may
be experienced as part of his/her retreat, and in
order to do that he/she must make sure to seek
professional medical advice well in advance of
his/her retreat date.
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 or an expedition. Should the journey
participant commit any illegal act or should
his/her behaviour affect severely other group
member's enjoyment of the retreat -
behaving
in such a way which is found to be either offensive,
defamatory, derogatory, disrespectful or abusive
of other people partaking to the
retreat, to
the ceremonial practices, to the shamans, or to the local people working in
Sachamama
- he/she will be required
to leave the centre, will not be re-admitted there at any other time, will have
his/her participation fees forfeited, with no
entitlement
to complaint or refunds and shall bear all the
extra expenses of his/her return home.
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.
The undersigned
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. We recommend that the policy should
include a minimum cover of £ 2,000,000 GBP for
medical and repatriation expenses. Please send us
a copy of your policy in order to be sure it
provides adequate cover, before beginning the
retreat in the jungle.
THE UNDERSIGNED HEREBY RELEASES, WAIVES,
DISCHARGES AND COVENANTS NOT TO SUE El Mundo
Magico Ltd, its representatives, associates,
directors or employees (hereinafter referred to as
'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 relationship between the
undersigned and El Mundo Magico Ltd shall be
governed by the English law. In the extremely
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, England (U.K.).
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 you
are willing to sign such an agreement. Any second
thoughts and subsequent refusal to sign such an
agreement will be treated as a cancellation of
your trip/retreat.
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