HOLOS Collective, S.R.L.
Terms of Service
This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and HOLOS Collective, S.R.L, a Costa Rican corporation (“Holos Global”). These Terms govern your use of Holos Global’s website at www.holos.global (the “Site”) and the services for you to nurture your well-being through the Site or the retreats offered by us through application via our Site (together with the site, the “Services”).
BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE HOLOS GLOBAL PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.
License Grant. Subject to these Terms, Holos Global grants you a limited, non-exclusive, and nontransferable license to use the Site for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms.
Modification to these Terms and the Services.
Holos Global may, at its sole discretion, change these Terms, including the Holos Global Privacy Policy, from time to time. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check these Terms, the our booking terms, and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.
Additionally, Holos Global reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Holos Global shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site in order to continue to use the Services. Holos Global may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.
Communications
You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services, including but not limited to payment receipts, login verifications, or updates to your booking or other Terms. You acknowledge that opting out of receiving communications may impact your use of the Services.
Holos Global Account
You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, you are required to create an Holos Global account (an “Account”), which may be hosted by one of our third party service providers as outlined in our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to Holos Global immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Holos Global cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Payment.
While we offer portions of the Services for free, we do charge for certain features of the Services, including, without limitation, allowing you to apply to participate in retreats, seminars, experiences and tours through the Site. Holos Global, in its sole discretion, may offer credits or refunds on a case-by-case basis.
Holos Global will charge, and you authorize Holos Global to charge, you for Services. If you pay any amounts with a credit card or bank transfer, Holos Global may seek pre-authorization of your credit card account, or your bank account information, prior to your purchase to verify that such payment information is valid and has credit / balance available for your intended purchase.
Holos Global reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, Holos Global reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
License Restrictions. You shall not:
use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy or recording thereof;
rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
directly or indirectly take any action that imposes or may impose (as determined by Holos Global in its sole discretion) an unreasonable or disproportionately large load on Holos Global or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Site; run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; or use manual or automated software, devices, or other processes to scrape any page of the Site; or
create a false identity on the Site or Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account.
If for any reason, Holos Global determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Reservation of Rights. You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Holos Global, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Collection and Use of Your Information. You acknowledge that when you use the Site, Holos Global uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the Holos Global Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Holos Global Privacy Policy.
Geographic Restrictions. The Content and Services are based in Costa Rica. You acknowledge that you may not be able to access all or some of the Services, depending on your state or country of residence, and that access thereto may not be legal by certain persons or in certain countries. If you access or participate in any Services from outside Costa Rica, you are responsible for compliance with local laws.
Updates. Holos Global may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Holos Global has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.
Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Holos Global is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Holos Global does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination.
The term of this agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Holos Global as set forth in this section. You may cancel your Account or email subscription at any time by emailing us at bookings@holos.global. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. Holos Global will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, Holos Global reserves the right to remove your Account information, along with any account settings, and terminate your Services, with NO liability or further notice to you. Upon termination of your Account and / or Services. your license and permissibility to use or participate in Holos Global’s Services terminates.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HOLOS GLOBAL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HOLOS GLOBAL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL HOLOS GLOBAL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, HOLOS GLOBAL’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend, and hold harmless Holos Global and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
Governing Law. These Terms are governed by and construed in accordance with the internal laws of Costa Rica without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the courts of Costa Rica. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Entire Agreement. These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and Holos Global with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.
Contact. If you have any questions regarding these Terms, please contact us at bookings@holos.global.
Last Update: April 8, 2022
Booking Conditions
It is important that you read each provision of these terms and conditions (the “Agreement”) in its entirety as this is a legal binding agreement. Should you have any questions, let use know.
In consideration of being permitted to participate in Holos Global Services, as defined in our Terms of Service, you hereby acknowledge and agree to the following terms of this Agreement.
All bookings are made with HOLOS Collective S.R.L., a Costa Rican corporation, and the owner of all of its advertised itineraries (“Holos Global,” “we,” or “us”). By booking retreats, experiences, seminars, or other activities (collectively “Events”), paying a deposit or signing this Agreement, you accept all of the terms and conditions in this Agreement on your own behalf and on behalf of all persons listed on the booking (individually, “Participant,” and collectively, “Participants”), and direct us to perform services for each and every Participant. The terms and conditions set forth in this Agreement constitute the entire understanding and Agreement between you the Participant (“you” or “your”) and Holos Global with respect to any and all bookings, reservations, experiences, or transactions made with Holos Global.
All Participants must be 18 years of age or older to participant in Services and Events.
Deposits and Payments. All bookings are made with Holos Global, but we may work with agents, affiliates and/or third-party suppliers (such as transport companies, hotels, partners, and contractors, service providers, collectively “Suppliers’) for various services provided for or associated with each Event. Bookings may be made through our online booking system. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing.
For bookings made more than 30 days before the advertised start date of the Event (“Start Date”), we require a deposit of 50% of the total price of the Event, less any applicable discounts, at the time of booking. The remaining balance is due no later than 30 days before the Start Date. For bookings made 30 days or less prior to the Start Date, we require full payment of the total price, less any applicable discounts, at the time of booking. Such payment is non-refundable. We reserve the right to cancel any booking, without refund, should the full amount not be paid at least 30 days before the Start Date.
Refunds and Cancellations. Retreat cancellations made before and after the beginning of a retreat and its services, shall be charged 100% on any deposits made towards its reservation and will be applicable towards a one year valid credit on any future retreat reservations. The one year valid credit may NOT be used towards other services, such as food & beverage, transportation or any third party services (body-work, events, yoga sessions, spa services, excursions or concerts). Events, concerts and one day experiences are non refundable at the moment of purchase.
The following are specifically excluded from the Event rates and are the sole responsibility of each Participant: Airfare; costs of obtaining passports and visas; excess baggage charges; items of purely personal nature, such as drinks, laundry, communication (calls, faxes, emails etc.); international airport departure tax (to be paid in US dollars or acceptable foreign currencies); excursions or deviations from any Event itinerary. We will not be responsible or liable for deposits, payments, policies or penalties for other services not included, such as airline tickets, separate hotel reservations, or other items handled by you and not through us.
Form of Payment: All payments must be made by credit card or ACH debit. Prices are in US dollars, and all payments must be made in US dollars.
Booking fees are non-refundable and excluded from any of the above refund calculations.
Future credits must be redeemed for an event beginning within 1 year of the original event start date.
Discounts and Promotions. All discounts and reduced pricing are offered and or applied at Holos Global’s sole discretion. From time-to-time, Holos Global may offer reduced pricing on selected Events. The reduced pricing applies strictly to new bookings only. Bookings for which you have already paid a deposit are locked into your original price and are not entitled to the reduced pricing.
Insurance Requirements.
Holos Global requires that all Participants provide proof of current and adequate Traveler’s Medical Insurance with a US$150,000.00 minimum coverage including US$2,000.00 to afford lodging expenses. Participants must provide proof of insurance fourteen (14) calendar days before arriving in Costa Rica or sooner. Travel insurance must cover personal injury, medical treatment, repatriation, and evacuation expenses, including helicopter rescue and air ambulance internationally. It is recommended that travel insurance also address personal property and trip cancellation, interruption, and curtailment coverage.
Trip cancellation insurance may be the only means of receiving reimbursement for flights and other non-refundable expenses should an Event be canceled for any reason, whether voluntarily by the guest or as a result of Holos Global’s actions. Guest is responsible for understanding the specifics of their travel insurance policy, ensuring that the policy covers all optional and included activities listed in the Event itinerary, including extreme sports (e.g. zip-line, rappelling, white-water rafting, tubing, hiking, rock-climbing, and other high-risk activities), and ensuring that there are no exclusion clauses (e.g., air delays due to mechanical issues) that would limit the coverage that the giest might reasonably need.
If you have current health insurance coverage, check your insurance policy to see if it provides the coverage described above while traveling outside your country. It is your responsibility to verify your insurance policy details with your insurance provider to ensure Holos Global’s requirements are satisfied.
Holos Global is not liable for loss, theft or damage to guest’s baggage or personal effects. Under no circumstances is Holos Global liable for loss or damage of valuables or other articles left in or at facilities used by Holos Global including, but not limited to, hotels, pensions, campsites, homestays, vessels, expedition vehicles, or any other location.
Passports and Visas. You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire Event. In order to participate in an Event that requires travel, you must have a valid passport and, depending on your place of departure and the destination, a visa, permits, certificates, and / or proof of vaccination(s). Your passport must remain valid for at least 6 months following the Event Start Date.
You assume complete and full responsibility for, and hereby release Holos Global from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of any destination, and all safety or security conditions at such destination. Any information provided to you is purely advisory and provided as a courtesy and Holos Global is not responsible for any errors or omissions as to any such information provided. It is your sole responsibility to ensure you have met all travel requirements for any destination where an Event takes place.
Holos Global is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired Participant documents. In the event that you must cancel your participation in an Event due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to attend the Event, you will not be reimbursed or refunded any amounts as per the cancelation terms listed in this Agreement.
Health and Medical. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the Event, you must inform us in writing when the booking is made. We are not medical experts and rely on you to ensure the accuracy of any such information you provide.
You represent that you do not have any condition, physical or mental, that would create a hazard for you or other Participants or affect other people’s enjoyment of the Event. We may require a medical certificate stating that you are medically cleared for travel to the destination(s) and/or that you are able to participate in all aspects of the Event.
Holos Global recommends that you check with the U.S. Centers for Disease Control and Prevention, or similar entity in your country, for up-to-date, destination-specific information related to food and water safety, infectious diseases, and other concerns. We also urge you to obtain any and all necessary vaccinations, inoculations, or prescribed medications as directed by your doctor and/or travel clinic for the areas visited, and provide written documentation thereof upon request and as needed for travel documentation.
In the event any medical care is administered to you during the Event, Holos Global assumes no responsibility for any such medical care provided to you. You are solely responsible for any and all costs of medical care and related transportation, if any, that are provided to you during the Event. Holos Global makes no representations or warranties relating to any necessary medical facilities or standards of care.
Holos Global reserves the right, at your sole expense, to deny participation in an activity or in the remainder of any Event itinerary in the event of a medical condition that would make your participation a hazard for you or other Participants, or any other legal reason. We want you to have fun and encourage you to take advantage of the local culture, but Holos Global emphasizes safety as a top priority.
Personal Responsibility. You are responsible for purchasing the type of Event that fits your desired comfort level and participating in Events that are suitable for your fitness level, health limitations, and capabilities. By booking an Event, you acknowledge that Holos Global Events may be adventurous, experimental and uncomfortable in nature and may involve a significant amount of personal or health risk.
Limits on Responsibility. You are responsible for booking, paying, and arranging for travel to and from the Event. At no point, and under no circumstances, is Holos Global responsible for payments or costs relating to external services such as flights, accommodations, services, car service, or any other part of travel that was booked. Holos Global is not obligated to alter any Event or suspend an Event’s commencement for any reason that prevents you from joining an Event as planned.
If Holos Global cancels or changes the Event, it may cause you to incur some change fees or other related costs. Travel insurance may assist you in avoiding any such fees for trip cancellation, interruption, and curtailment.
Our Service Providers may make advance preparations for Participants and may rely on us to grow their businesses – once we confirm your attendance, it can be very disruptive to request a change or a cancellation of your participation in an Event. Because of this, we only permit change requests up to 45 days before your Event’s Start Date. If we are able to make such changes, a change fee may be applied. The type and scope of change dictates the amount of the change fee and such fees can be substantial. Any outside businesses, including hotels, airlines, etc. often impose additional fees or penalties for changes and cancellations. Substantial change requests by you that can be accommodated may result in recalculation of your original Event price. Change requests must be made in writing to booking@holos.global.
Deposits are non-refundable. Generally, any cancellations by you will result in the loss of your deposit. Under no circumstances will a deposit be “refunded” to a Participant, but 25% of that deposit can be used as a credit towards a future Event booking, while the other 25% will be used for Holos Global administrative fees.
If you fail to pay the balance for the Event 30 days before the Event’s Start Date, your booking will be canceled, resulting in the loss of all money collected from you. A cancellation due to your failure to make timely payment will be deemed a cancellation by you.
If you cancel or decide not to participate in an Event, whether due to governmental warnings or advisories, fear of travel, fear of illness or for any other reason, this will be deemed a cancelation by you and if such cancelation occurs within 30 days of the Event’s Start Date it will result in a loss of your deposit and all other monies paid to us by you for the Event.
We also reserve the right to cancel your booking at our sole discretion, upon discovery of a breach of the representations, warranties, terms or conditions of this Agreement. A cancellation due to your breach of the Agreement will be deemed a cancellation by you.
Under no circumstances is Holos Global liable for costs, fees, or losses associated with your travel to or from the Event due to cancellation. Again, we strongly recommend you obtain travel insurance coverage for trip cancelation, interruption, and curtailment.
Cancelation Process: To cancel your booking, you must send a written notice to us by email at booking@holos.global.
Alterations of Cancellations by Us. Holos Global reserves the right to cancel, alter or modify any Event without prior notice for any reason, including but not limited to for the safety and/or comfort of clients and for circumstances of Force Majeure, which is defined in this Agreement below. This includes the right to replace or substitute guides and accommodations in the Event materials, modify the order in which places are to be visited, reschedule, postpone or delay the Event. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to the Event’s Start Date, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
Holos Global shall not be deemed to be in breach of the terms in this Agreement or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement.
If Holos Global is forced to reschedule, substantially alter, postpone, or cancel the Event for any reason that is completely within its control and not due to Force Majeure, whether before or during the Event, we will let you know as soon as possible. In these circumstances, we may offer one or more of the following options within our discretion:
Accept Holos Global’s offer of a comparable replacement Event within 12 months of the original Event Start Dates (offered at Holos Global’s sole discretion and subject to availability);
Receive a refund of all monies paid to Holos Globals’s less any unrecoverable costs, including but not limited to deposits that we have made to our Service Provider’s and any other out-of-pocket costs that we have incurred in organizing the Event; or
Any other option that we in our sole discretion believe is a reasonable option.
When accepting an offer for a replacement Event:
If the cost is lower than the price of your original Event, you will receive a refund for the difference in cost.
If the cost of the replacement Event is equivalent or higher than your original Event, you will be responsible for the price difference between your original Event and the replacement Event.
Please note that Holos Global is a small company and, under certain circumstances, a full refund may not be possible. We may need to reduce the amount of your refund by any and all non-refundable deposits and cancelation fees that we have paid to Service Providers and other third parties to provide components of the Event (in many cases it is not possible to obtain refunds from Service Providers once we have forwarded deposits for your Events to them) and any other out-of-pocket costs that we have incurred in organizing the Event. For this reason, among others, we strongly recommend that you obtain travel insurance that covers trip cancelation as explained elsewhere in this Agreement. Note that if we alter, modify, postpone, or reschedule the Event or offer you a credit, such action does not constitute a cancellation of the Event by Holos Global. A refund under this section will constitute full settlement of claims you may have arising out of our cancellation.
Denial of Participation. Holos Global reserves the right to deny participation in the Event to any Participant that Holos Global, in its sole discretion, judges to be incapable of meeting the rigors and requirements of the Event activities, violates the terms in this Agreement including our Conduct Policy described herein, or whose actions or behavior it judges unsuitable for group travel or activities. During the Event, Holos Global has the right in its sole discretion to remove anyone who it determines to detract from others’ enjoyment of the Event. The decision of the guide, host or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. Any costs resulting from being removed from a Event or being declined participation in an Event is at your expense.
Conduct Policy for Holos Global. Respect and inclusion are of the utmost importance in a Holos Global Event. We want all Participants and the people that we interact with to feel comfortable, appreciated, and valued. To that end, Holos Global expects all Holos Global employees, contractors, Participants and third-party Service Providers, to treat all individuals they encounter on or during an Event with respect and abide by this conduct policy (“Conduct Policy”). Because your experience is so important to us, Holos Global’s standards requiring respect and inclusion exceed legal requirements. Although certain behavior may not violate the law, it could still violate Holos Global’s policies and expectations.
Holos Global prohibits unlawful discrimination and harassment. Discrimination or harassment based on sex/gender, sexual orientation, transgender identity, gender identity or expression, ethnicity, racial, national origin or ancestry, ethnic origin, religion, disability, age or any legally protected class will not be tolerated. Examples of inappropriate behavior that may or may not implicate legal protections, but is nonetheless prohibited may include, but is not limited to, teasing, bullying, intimidation, insults, malicious gossip, victimization, negative stereotyping, threats, physical contact, or other unwelcome, offensive conduct. Violations of this Conduct Policy by anyone will not be tolerated.
If you experience or witness conduct in violation of this policy by or to any other member of the Holos Global team, customer, supplier, service provider, or partner, we ask that you report the incident as soon as possible to Holos Global. All reports will be discreetly, promptly, and thoroughly investigated to determine whether a policy violation has occurred. All reports and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis.
Holos Global prohibits retaliation against individuals who report or provide information in connection with an investigation of a report.
Force Majeure. We will not be deemed in breach of this Agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of our obligations under this Agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, typhoon, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/Covid-19 (including any spread thereof), food-borne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization warnings, border closings, weather conditions, and unforeseen circumstances.
In the uncommon situation where Force Majeure prevents, significantly hinders, or makes it impossible for us or our Service Providers to provide the Services including but not limited to an Event, we and/or our Service Providers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: cancel, alter, modify, postpone, or reschedule any Event, including Event dates and the entire Event itself. You understand and agree that we will not be able to pay you any compensation, costs, or expenses you incur as a result of Force Majeure. We regret that no refunds will be provided if we take any of the preceding actions due to Force Majeure, unless and to the extent we are able to obtain any refunds from our Service Providers. However, Holos Global is not obligated to seek refunds from Service Providers, and in many instances, it is not possible to obtain refunds from Service Providers once we have forwarded deposits for your Event to them.
In the very rare instance that Holos Global receives refunds from its Service Providers after canceling due to a Force Majeure event, Holos Global may be able to refund you for a portion of your Event. However, any refund under this section will be subject to any administrative fees and refund policies as described in this Agreement. Our administration costs in planning your Event are not refundable because of the work involved in planning, booking and management of your Event from the moment the Event is booked.
For reasons of this nature, we require that you obtain travel insurance. If you choose to cancel your Event if we invoke Force Majeure, our standard cancellation penalties will apply unless we expressly state otherwise.
If Holos Global is affected by Force Majeure, it, if practicable, will notify you of the nature and extent thereof.
Unused Services – No Refunds. We understand that sometimes life gets in the way of well-laid plans. However, because each booking is relied upon by us and our Service Providers, we cannot offer any discounts or refunds for missed or unused Events (e.g. early departures, late arrivals, or missed days of the Event’s itinerary for any reason).
There will be no refund once an Event has commenced. Your decision not to participate in the Event due to governmental warnings or advisories, fear of travel, or the like will be deemed a cancellation. Note that if a disruption caused by Covid-19 prevents you from being able to attend your Event, we will offer the maximum flexibility to enable you enroll you in another Event at a later date, although our cancellation policy will still apply.
No refunds will be provided to you for any unused portion of your Event if you are quarantined or a Service Provider refuses Services if you exhibit symptoms of or test positive for infectious disease. Further, we will not have any liability to you, owe you a refund, or owe you any compensation for loss, damage or injury or anything else if you are infected with an illness, disease or sickness during your Event, or if a third party refuses services if you show symptoms of or test positive for infectious disease. For example, we will not be liable to you if are infected with a virus such as coronavirus at a hotel while about to attend an Event, if you are refused service at a hotel if you show symptoms of a communicable illness such as a cough or fever, if you are unable to board a plane to your destination or return home from your destination because you show symptoms of an illness, you are required to self-quarantine, and so on.
No refunds will be provided for any unused portion of an Event once the Event begins, including but not limited to leaving an Event for any reason, missing the Event’s Start Date or an activity, or having to be removed from an Event. There are no exceptions to this canceling and refund policy, including for reasons related to weather, civil strife, personal, family or medical emergencies, or any other circumstances beyond our control.
Holos Global is not obligated to alter any Event itinerary or suspend, change, or postpone an Event. Travel insurance (which is required for participation in some of our Events) is a good way to minimize this risk.
Authority During Experiences. You agree to abide by the authority of Holos Global representatives at all times. Should you fail to do so, or, in the opinion of Holos Global representatives, endanger, distress or annoy others, we may immediately terminate your Event without a refund or other liability.
Optional Activities. During any Event, there may be opportunities to participate in activities or local events, which are not included in Holos Global’s Events. Holos Global does not endorse or sponsor such activities and makes no representations about the safety or quality of these activities and events, or the standard of the independent operator running them. You understand and agree that any assistance given by a Holos Global leader or staff to help arrange these optional activities is done in good faith and without any representations or warranties of any kind. Holos Global is in no way responsible for your safety should you decide to enter into such optional activities and Holos Global will not be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety and you will arrange for payment directly with the supplier or independent operators of such activity, event or service.
Cultural Differences. It is acknowledged and understood that traveling to international destinations may expose Participants to unique situations and experiences that are different than those you are familiar with in your home country. These differences enhance the experience and adventure of your Event, and typically involve cultural and social aspects of the region such as sanitation, food, drink, attire, and local laws. While Holos Global strives to provide guidance regarding these differences, it is your responsibility to research such differences and act responsibly while participating or observing during the Event.
Travel Advisories and Warnings. You must conduct your own research and become informed about the destination(s) in your Event and its itinerary, including knowledge about any travel advisories and warnings issued by government authorities in your country. You are responsible for protecting your own well-being and personal property before, during, and after your Event. This includes ensuring any and all vaccinations, inoculations, or prescribed medications are taken as directed by your local doctor and/or travel clinic for the areas visited.
Service Providers’ Conditions. Holos Global shall not be not responsible for any injury, damage, loss, delay or irregularity that may occur when using the products, services, or accommodations of a Service Provider, or due to the negligence, recklessness, omission, oversight, inaction, or other fault of a Service Provider.
The quality of the products, services, and accommodations organized by Holos Global may not be within the control of Holos Global, and the quality of such products, services, and accommodations may be compromised by local conditions. You therefore release Holos Global from all claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to the quality of such products, accommodations, and services.
Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage. You will be bound by these conditions even if such conditions are imposed in connection with attending or booking an Event. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other Service Provider, and they are often also subject to various international conventions. Holos Globals’ own liability is limited to and shall not exceed that of its Service Providers. You agree that, if you recover for any damages from the Service Providers, you will not seek any recovery for the same damages from Holos Global.
Limitation of Remedies. You agree that the sole remedy for any default by Holos Global arising under this Agreement shall be the return of the paid Event cost, to the extent consistent with applicable law. To the maximum extent permitted under applicable law, Holos Global shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this Agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Holos Global has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
Complaints and Claims. If you have any issues or questions during your Event, promptly notify us so that we can try to address them.
After completion of your Event, if you wish to make a claim, submit a complaint, or request reimbursement for any reason, you must do so via email to bookings@holos.global within 30 days after the Event’s completion. Any and all supporting documentation to the claim or complaint must accompany the email. Any claim or complaint received by Holos Global after this deadline will not be accepted or reviewed.
Credit Card Chargebacks: We work hard to make our customers happy. If you are not pleased with our services for any reason, you agree not to file a chargeback with your credit or debit card company before you have given us an opportunity to address the matter. By signing this Agreement, you agree to work with us in good faith to resolve your dispute and acknowledge that chargebacks are not an appropriate way to avoid our canceling and refund policies.
Applicable Law and Choice of Forum. You agree that this Agreement shall be interpreted according to the laws of Costa Rica. Jurisdiction over any dispute arising out of, in connection with, or relating to this Agreement and/or the transactions and relationships among the parties contemplated by this Agreement shall be filed exclusively in the courts of Costa Rica. You agree to personal jurisdiction in the specified forum.
Severability. If any portion of this Agreement is determined by a court to be null and void, the remaining portions of this Agreement shall nevertheless remain valid and binding upon the parties. You also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. You agree that if any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
Successors and Assigns. This Agreement will be to the benefit of and be binding upon Holos Global, You, and both parties’ respective heirs, legal personal representatives, successors and assigns.
Entire Agreement. This is the entire agreement between Holos Global and you as to any and all bookings, reservations, Events, or transactions made with Holos Global, and constitutes a binding agreement. You agree that there are no verbal or written representations, warranties, collateral agreements, or terms or conditions other than as expressed in this Agreement.
It is your responsibility to be familiar with these terms in this Agreement. We reserve the right to update and/or alter this Agreement at any time and will notify you if we alter the terms and conditions that apply to your Event.