TERMS AND CONDITIONS
Roundbarn Ranch and Co. (hereinafter “RBR & Co.”, “we”, “us”, “our”) is a retreat provider that seeks to provide joyful self-exploration opportunities guided by the horse-human connection. We are excited to serve our clients (hereinafter “Client”, “you”) and help you experience positive transformation in your life.
Contract
We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence, and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and ask any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all Clients in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.
Violations by You
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
Changes to These Terms and Conditions
RBR & Co. reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the Terms and Conditions constitutes your consent to the changes.
Booking
Please view the retreat options on our website.
Group Experiences. Group experiences are a perfect way to utilize our services while bonding with a group of like-minded people. If you are interested in booking a reservation in one of our group experiences, simply click on the “Stay and Explore” tab, enter the password provided to you by RBR & Co. or your group facilitator, select the program you would like to participate in, and then select “Register Now.” You can then choose the accommodation that works best for you, and provide your information.
To finalize your booking, you will need to choose from one of the available payment options. Please note that some methods of payment may have fees associated with their selection. After booking you will receive an email with additional retreat information.
Credit Card Bookings
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, Clients must provide to us a click or signed authorization for your retreat. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. RBR & Co. retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of RBR & Co. or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
Price and Rate Changes
The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an invoice reflecting the current price.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
What’s Included In Your Retreat
Accommodations
Accommodations are provided as detailed in your booking selection. Special requests such as single rooms, connecting rooms and smoking preference, must be made at the time of booking. While we will make reasonable efforts to work with your requests, such requests are not guaranteed. There may be additional charges for such requests which will be solely the expense of the guest making the request.
Clients should be aware that room sizes, standards and facilities vary. This can include differences in bed sizes and room sizes, bathroom amenities, and wheelchair accessibility.
Meals
Meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in all cases.
Changes to Itineraries
RBR & Co. reserves the right to make changes to its published itineraries which we deem insignificant and are due to reasons beyond our control. In such cases, we will arrange for the substitution of other services.
No retreats will be canceled due to renovations, although RBR & Co. may choose to amend itineraries for such instances. These changes will not be considered material changes and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a planned activity or in case of leisure time, such changes will not be considered material changes and will not be considered cause for cancellation by the guest.
What’s Not Included In Your Retreat
Any Items And Matters Not Referred To In Your Itinerary Are Not Included In The Retreat Price. This Can Include, But Is Not Limited To Items Such As
International And Domestic Airfare,
Checked And/Or Excess Baggage;
Passport And Visa Fees;
Trip Protection And/Or Insurances Of All Kinds;
Gratuities If Not Listed On Your Itinerary;
Laundry;
Phone Calls;
Beverages And Meals Not Detailed In The Itinerary;
Alternate Activities;
And All Items Of A Personal Nature.
Additional Taxes And Surcharges May Be Collected By Foreign Governmental And Non-Governmental Entities. The Price Does Not Cover Costs And Expenses, Including Your Return Home, If You Leave The Retreat Early Whether Of Your Own Volition Or Our Decision Based On Behavior That Disrupts The Retreat, Or Due To Illness, Action By Any Government Or Other Reason. This List Is Illustrative And Not A Complete List Of Every Item Not Included.
Cancellations
RBR & Co. is required to pay most costs well in advance of your retreat date. This includes but is not limited to accommodations, meals, horseback riding, etc. Should a cancellation become necessary, please inform RBR & Co. immediately in writing and request a written confirmation of your cancellation.
The following cancellation terms apply:
If you cancel your reservation, please note your deposit is non-refundable.
If you cancel between 60-90 days prior to your retreat start date, 50% of the retreat price will be forfeited.
If you cancel less than 60 days prior to your retreat start date, 100% of the retreat price will be forfeited; no exceptions.
If the reason for cancellation is covered under the terms of your travel insurance protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel insurance including additional “cancel for any reason” coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Cancellation of Changes by RBR & Co.
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
We will inform you as soon as reasonably possible if we need to make a significant change to your confirmed booking or to cancel. If between planning time and/or during actual travel, circumstances require changes, RBR & Co. reserves the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to accommodations of comparable quality, security matters, and/or other events make such alterations necessary. RBR & Co. cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the Client. Normal cancellation penalties still apply to the retreat that has been changed.
No Refunds for Unused Arrangements
As RBR & Co.’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
Force Majeure
RBR & Co. assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by RBR & Co. that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies, we will refund these to you without any charge by RBR & Co. The deposit and any planning fee remain non-refundable.
Travel Insurance
We highly recommend that you purchase travel insurance including cancel for any reason coverage, which may reimburse you for non-refundable trip costs in the event you cancel due to injury or illness. This kind of coverage must be purchased within 14 days after paying your RBR & Co. deposit, to ensure the most comprehensive coverage. Refer to your travel insurance provider’s website for specific purchase terms, requirements, and eligibility.
RBR & Co. is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. RBR & Co. cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Disclaimer of Guarantee
Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Experience. Client accepts and agrees that she/he is the one vital element to the Experience’s success and that RBR & Co. cannot control Client. RBR & Co. makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. RBR & Co. and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. RBR & Co. makes no guarantee or warranty that the Experience will meet Client’s requirements or that all clients will achieve the same results.
No Substitute for Medical Treatment
Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. RBR & Co. does not provide medical, therapy, or psychotherapy services. RBR & Co. is not responsible for any decisions made by Client as a result of the Experience and any consequences thereof.
Experience Rules
To the extent that Client interacts with RBR & Co. staff and/or other RBR & Co. clients, Client agrees to at all times behave respectfully with staff and clients. Client agrees to abide by any Experience Agreements/Regulations presented by RBR & Co. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Indemnification
Client agrees to and shall indemnify and hold harmless RBR & Co, and each of our officers, directors, employees and agents (collectively “Roundbarn Ranch and Co.”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by RBR & Co. (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by Client while participating in the retreat.
Pre-existing Medical Conditions and Persons with Disabilities
The nature of our experiences means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be happy to discuss the feasibility of your participation in any of our retreats.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your experience, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. RBR & Co. will make all reasonable efforts to accommodate your requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the Client requiring the accommodation.
RBR & Co. is, unfortunately, unable to offer additional assistance to Clients with limited mobility and all such assistance will need to be provided by whoever the Client is traveling with. Clients with disabilities must notify RBR & Co. at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
HEALTH. For the safety or our guests, RBR & Co. reserves the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion.
No Resale of Services Permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Experience (including course materials), use of the Experience, or access to the Experience. This agreement is not transferrable or assignable without RBR & Co.’s prior written consent.
No Transfer of Intellectual Property
RBR & Co.’s original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of RBR & Co.’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from RBR & Co. electronically or otherwise without the prior written consent of RBR & Co. All intellectual property, including RBR & Co.’s publications and photography, shall remain the sole property of RBR & Co. No license to sell or distribute RBR & Co.’s materials is granted or implied.
Governing Law/Jurisdiction/Class Action Waiver/Damage Limitation/Notice of Claim
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in California. You agree that you will only bring claims against RBR & Co. in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. RBR & Co. shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against RBR & Co. unless you have first provided a typewritten notice of claim to RBR & Co. within 30 days after the tour or cancellation of the trip.
Entire Agreement and Severability
This agreement, including the terms and conditions of our suppliers, releases and waivers, and any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to RBR & Co. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.