![SARAH STOKES LOGO [BLK].png](https://static.wixstatic.com/media/2781d1_6a3d829b05b14b068fa55ca473f34451~mv2.png/v1/fill/w_167,h_139,al_c,q_85,usm_0.66_1.00_0.01,enc_avif,quality_auto/SARAH%20STOKES%20LOGO%20%5BBLK%5D.png)
Terms & Conditions for DY3 Ltd.
Terms and Conditions for DY3 Limited (Company number 07588378)
Last Updated: 25th October 2024.
These Terms and Conditions ("Agreement") govern the relationship between DY3 Limited ("we", "us", or "our") and any individual or entity ("you" or "participant") who participates in or purchases an art retreat experience through our company. This is distinct from the art workshops which are carried out at Arley Studios, DY12 1RP by Sarah Stokes Trading which are not package holidays. By booking an art retreat, you agree to the terms outlined below.
1. Booking and Payment
1.1 Booking Confirmation: A non-refundable £1,000 deposit is required on booking to reserve & secure your place with an additional deposit of £400 for every non artist companion. The remaining balance is due on the dates outlined in your individual contracts.
2. Cancellations and Refunds
2.1 Cancellation by Participant: When booking a retreat with DY3 Ltd., a non-refundable deposit is required as outlined in section 1.1 to secure your reservation. The final balance of the total cost is due in accordance with your individual contract.
• Deposit: The £1,000 deposit is non-refundable.
• Final Balance: Once paid, this balance is non-refundable if cancellation occurs within 180 days prior to the departure date.
Exceptions to these terms may apply in specific cases as outlined in the Package Travel Regulations (EU law), which provide for refunds or compensation in certain circumstances, such as significant changes to the trip or unavoidable and extraordinary circumstances.
Under EU law, you can transfer your booking for an DY3 Ltd to another person if you are unable to attend. This is subject to an administration charge, which will be communicated at the time of the transfer request.
We strongly recommend that all guests obtain travel insurance to cover any unforeseen events that may affect their ability to attend.
2.2 Travel Insurance: You are responsible for obtaining adequate travel insurance to cover the cost of any cancellation due to personal reasons, illness, or other unforeseen circumstances. We highly recommend purchasing comprehensive travel insurance.
2.3 Cancellation by Us Policy
At DY3 Ltd, we strive to provide a rewarding and enriching retreat experience. However, there may be circumstances beyond our control that necessitate the cancellation of a retreat. This policy outlines the conditions under which we may cancel a retreat and the options available to participants in such cases.
Reasons for Cancellation
We reserve the right to cancel a retreat in the event of:
• Natural Disasters: Such as earthquakes, floods, hurricanes, or other extreme weather events that may jeopardise participant safety.
• Political Instability: Including wars, civil unrest, or government travel restrictions that affect the retreat destination.
• Health Concerns: Such as pandemics, outbreaks of contagious diseases, or health advisories issued by government agencies.
• Insufficient Participation: If the minimum number of participants required for the retreat to proceed is not met.
• Other Unforeseen Circumstances: Any other events or conditions that may affect our ability to deliver the retreat as promised.
Notification of Cancellation
In the event that we must cancel a retreat, we will notify participants as soon as possible via email or phone.
2.4 Refund Options
Upon cancellation of a retreat by DY3 Ltd, participants will be offered the following options:
• Full Refund: Participants will receive a full refund of all payments made for the retreat, including the deposit.
• Transfer to Another Retreat: Participants may choose to transfer their booking to another retreat of equal or lesser value at no additional cost, subject to availability.
• Future Credit: Participants may opt for a credit towards a future retreat, which can be applied within a specified timeframe.
2.5 Limitations of Liability
While we will make every effort to notify you promptly and provide alternatives, we are not liable for any additional expenses incurred by participants due to the cancellation of a retreat, including but not limited to:
• Travel arrangements, such as flights or accommodations.
• Costs associated with non-refundable travel insurance.
2.6. Force Majeure
In the event of a force majeure situation (e.g., natural disasters, pandemics, or other extraordinary events), DY3 Limited will not be held liable for any direct or indirect damages resulting from the cancellation. We will communicate openly with participants regarding the situation and any steps we are taking to resolve it.
3. Retreat Inclusions and Exclusions
3.1 Inclusions: The retreat fee includes the following unless otherwise specified:
• Accommodation for the retreat duration
• Meals as outlined in the retreat itinerary
• Workshops and instruction by our experienced facilitators
• Transportation during the retreat (as outlined in the itinerary)
• Local transfers to and from the venue (these take place from specific locations and at set times as outlined in the retreat itinerary)
Terms Conditio
3.2 Exclusions: The following are not included in the retreat price unless specifically stated:
• Airfare
• Transportation to/from the retreat location (outside of the times/locations in the itinerary)
• Art materials
• Travel insurance
• Personal expenses and optional activities
• Additional meals or beverages not included in the itinerary
• Local Tips/gratuities
3.3 Excursions and tours in destination: Excursions or other activities or tours that you may choose to book or pay for in destination do not form part of your contracted arrangements with us. Your contract will be with the operator of the excursion, operator or tour, or other service and not with us. We shall not be responsible for the provision of any such excursion, activity or tour or anything that happens during the course of its provision by the operator.
4. Participant Responsibilities
4.1 Travel Requirements: You are responsible for ensuring you have valid travel documents, including passports and visas, as well as meeting any health or vaccination requirements for the destination. We will not be held liable if you are unable to travel due to improper documentation or health restrictions.
4.2 Behaviour: We expect all participants to behave in a respectful manner towards fellow guests, facilitators, and local communities. We reserve the right to ask any participant to leave the retreat without a refund if their behaviour is deemed disruptive, harmful, or in violation of our policies.
4.3 Health and Safety: It is essential that you inform us in advance of any medical conditions, allergies, or dietary requirements. You are responsible for your own safety, health, and well-being throughout the retreat. This includes taking all necessary precautions, adhering to local laws and regulations, and following the guidance provided by retreat facilitators.
While our venues will do their best to accommodate food intolerances, we cannot guarantee that meals served at the venues or affiliated restaurants will be free from allergens or cross-contamination. It is your responsibility to carry any necessary medication with you at all times and to ensure you have appropriate insurance to cover any health-related issues.
& Condit
4.4 Delays to your arrival: We are not responsible for any delays participants may experience in arriving at the retreat, or the scheduled transfer departure time. If you are delayed and miss any part of the retreat, we regret that no refunds or compensation will be provided for the missed portions of the experience. We recommend planning your travel carefully and allowing ample time to avoid any disruptions.
5. Changes to the Itinerary
5.1 Alterations by Us: While we make every effort to adhere to the retreat itinerary, we reserve the right to make changes to the schedule, activities, or accommodation due to circumstances beyond our control (e.g., weather, local events, or availability). We will notify participants of significant changes as soon as possible and make alternative arrangements when necessary.
5.2 Alterations by Participant: If you wish to make changes to your booking (e.g., transferring to a different retreat or adjusting your dates), we will do our best to accommodate your request, but additional fees may apply.
6. Liability and Waiver
6.1 Liability: We are not responsible for any loss, damage, injury, or delay incurred during the retreat or as a result of participating in the retreat. This includes, but is not limited to, losses due to personal injury, theft, or travel delays. Your participation in activities is voluntary, and you assume all risks associated with the retreat.
6.2 Force Majeure: We are not liable for any failure or delay in performing our obligations under this Agreement where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, war, strikes, pandemics, or government regulations.
6.3 Waiver: By participating in the retreat, you acknowledge that some activities (e.g., outdoor excursions, art activities) may involve risk. You agree to release and hold harmless DY3 Limited, its employees, agents, and contractors from any claims or liability arising from your participation.
7. Intellectual Property
All content supplied to you by DY3 Limited including workshop materials, images are the property of DY3 Limited. You may not use or reproduce any of this material for commercial purposes without our express written consent. This includes and is not limited to the replication of teaching matter and any video footage taken during the workshop.
8. Privacy Policy
We are committed to protecting your personal information. We collect only the information necessary to process your booking and facilitate the retreat. We will not share your details with third parties without your consent, except as required by law. For more details, please refer to our [Privacy Policy link].
9. Governing Law
This Agreement shall be governed by and construed in accordance with English laws without regard to its conflict of law provisions. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10. Amendments
We reserve the right to update or modify these Terms and Conditions at any time. Any changes will be communicated to participants and will take effect immediately upon posting on our website.
11. Travel, Medical, and Cancellation Insurance
11.1 Insurance Requirement: All participants are required to purchase comprehensive travel, medical, and cancellation insurance prior to attending any retreat. This insurance should cover potential risks, including but not limited to retreat cancellation, trip interruption, medical emergencies, travel disruptions, or personal circumstances that may prevent participation.
11.2 Scope of Coverage: Your insurance should provide coverage for losses due to:
• Medical emergencies or accidents
• Travel delays or disruptions (e.g., flight cancellations, lost luggage)
• Trip cancellation due to illness, personal emergencies, or unforeseen events
• Emergency evacuation and repatriation, if necessary
11.3 Responsibility: We are not affiliated with any insurance providers, nor do we recommend specific insurance companies. It is solely your responsibility to research and secure adequate insurance coverage that suits your needs. We strongly advise reviewing the terms, conditions, and claim processes of your chosen provider to ensure your protection.
11.4 No Liability for Uninsured Losses: DY3 Limited is not liable for any losses, costs, or expenses that may arise from your failure to secure appropriate insurance or from claims that are denied by your insurer.
11.4 Adventurous Activities Coverage: Some retreats may involve adventurous activities (e.g., hiking, horse riding, or other outdoor excursions as outlined in the retreat itinerary). It is your responsibility to ensure that your travel insurance policy provides adequate coverage for any activities you plan to participate in during the retreat.
11.5 Risk Acknowledgment: By participating in adventurous activities, you acknowledge that such activities may involve inherent risks, including but not limited to physical injury or property damage. You voluntarily assume all risks associated with these activities.
11.6 No Liability for Uninsured Losses: DY3 Limited is not responsible for any costs, injuries, or losses resulting from participation in adventurous activities. We highly recommend purchasing comprehensive travel insurance that includes coverage for high-risk activities, medical emergencies, and personal liability.
11.6 Proof of Insurance: Upon request, participants may be required to provide proof of insurance that covers adventurous activities before the retreat begins.
12. Package Travel Regulations
12.1 Definition of a Package: Under the Package Travel and Linked Travel Arrangements Regulations 2018, a "package" consists of at least two of the following components, sold or offered together at an inclusive price:
• Accommodation (e.g., hotel or lodging during the retreat)
• Transport (e.g., transfers or flights arranged as part of the package)
• Other tourist services (e.g., art workshops, excursions) that are a significant part of the retreat
12.2 Financial Protection: In accordance with regulations, all payments for retreats classified as package travel are held in a secure, separate account, distinct from the main business funds. These payments are used exclusively to secure accommodations and other contracted components of the retreat. DY3 Limited also maintains comprehensive insurance coverage, protecting against insolvency. This guarantees that you will receive a refund in the event of insolvency or if the retreat is cancelled due to our inability to provide the services.
12.3 Information Requirements: We are required to provide clear and accurate information about the retreat before booking. This includes details about:
• The main characteristics of the retreat (e.g., itinerary, accommodation, included meals)
• The total price of the package, including taxes and fees
• Payment schedules and the cancellation policy
• Any health formalities required for the trip (e.g., vaccinations or specific fitness levels)
12.4 Participant Rights: As a participant purchasing a package:
• You have the right to transfer your booking to another person if you cannot attend, provided you give us sufficient notice (typically at least 7 days) and subject to any additional costs incurred by the transfer.
• If significant changes are made to the retreat by us (e.g., major alterations to itinerary or accommodation), you have the right to either accept the changes, receive a full refund, or book an alternative retreat if available.
• In case of unforeseen circumstances (e.g., force majeure events) that prevent the retreat from proceeding, you will be entitled to a full refund of any payments made.
12.5 Responsibility for Performance: We are responsible for ensuring that all parts of the package retreat are provided as described in your booking and as required by the Package Travel Regulations. If any of the services are not provided as agreed, we will take steps to offer appropriate compensation or alternative arrangements.
13 Responsibility for Passports, Visas, and Travel Documents
13.1 Passport Validity: It is the responsibility of each participant to ensure that their passport is valid for travel, with sufficient validity based on the destination country’s requirements (usually at least six months beyond the date of return). We are not responsible for any issues arising from invalid or expired passports.
13.2 Visa Requirements:Participants are responsible for checking and obtaining any necessary visas or travel permits required for their retreat destination(s). We will provide general information on visa requirements if requested, but it remains the participant's responsibility to ensure they comply with all entry regulations.
13.3 Other Travel Documents: You are also responsible for securing any additional travel documents (e.g., proof of onward travel, accommodation details, or vaccination certificates) required by the destination country or airline.
13.4 Failure to Comply: We are not liable for any delays, financial losses, or missed portions of the retreat resulting from failure to obtain or produce the correct travel documents. No refunds will be issued in such cases.
14 Responsibility for Vaccinations and Health Requirements
14.1 Vaccination and Health Requirements: It is the responsibility of each participant to check and comply with the vaccination and health requirements for their retreat destination. This includes obtaining any recommended or mandatory vaccinations, medications, or health clearances as required by local authorities or airlines.
14.2 Consulting a Healthcare Professional: We strongly advise consulting your healthcare provider or travel clinic well in advance of the retreat to ensure you meet the necessary health requirements for the country you are visiting.
14.3 Proof of Vaccination: In some cases, participants may be required to provide proof of vaccination (e.g., COVID-19, yellow fever) or other health-related documents for entry into the destination country or to participate in certain activities. It is your responsibility to ensure you have the correct documentation.
14.4 Failure to Comply: We are not responsible for any costs, delays, or inability to attend the retreat due to failure to meet vaccination or health requirements. No refunds will be provided in such cases.
15. Flights Not Included and Not Our Responsibility
15.1 Flights Not Included: The cost of flights to and from the retreat destination is not included in the retreat package. Participants are responsible for arranging and purchasing their own flights.
15.2 Responsibility for Flights: Olive & Plum Limited is not responsible for any issues related to flight bookings, including but not limited to:
• Flight delays or cancellations
• Missed flights or connections
• Changes in flight schedules or airline policies
• Additional costs arising from flight disruptions
15.3 Arrival and Departure Times: Participants are responsible for ensuring that their flights align with the retreat’s start and end times. We are not liable for any missed portions of the retreat due to flight delays, cancellations, or scheduling conflicts.
15.4 Travel Insurance for Flights: We strongly recommend that participants purchase travel insurance that covers flight delays, cancellations, and other potential travel disruptions. We are not responsible for any luggage that is lost or delayed and the implications there of in terms of your participation in the art retreat.
15.5 Luggage rules: You are responsible for making your own enquiries about the suitability of carrying art materials on planes.
16. Photographs and Media Usage
16.1 Photographs During the Retreat: By participating in the retreat, you acknowledge that DY3 Limited and its representatives may take photographs, videos, or other media during the retreat that may include your image.
16.2 Consent to Use: You grant DY3 Limited the right to use, reproduce, and distribute these photographs or media for commercial and promotional purposes, including but not limited to use on our website, social media platforms, brochures, and other marketing materials. This usage is granted without compensation or prior notice.
16.3 Opting Out: If you prefer not to be photographed or included in media, please notify us in writing prior to the start of the retreat. We will make reasonable efforts to accommodate your request, though complete exclusion from all photographs or videos may not be guaranteed.
16.4 Participant Use of Media:Participants are welcome to take their own photos and videos during the retreat for personal use but may not use them for commercial purposes without prior written consent from DY3 Limited.
16.5 WhatsApp: We reserve the right to use any photos shared by participants in the WhatsApp group for promotional or other purposes.
17: WhatsApp group:
17.1: A WhatsApp group will be created before the retreat to facilitate communication, share important updates, and encourage collaboration among participants.
Participation in the group is entirely voluntary, and members can join or leave at any time.
All participants are expected to engage respectfully and professionally. Harassment, spam, or inappropriate content will not be tolerated.
17.2: Members are advised not to share sensitive personal information in the group.
Content shared within the group should be treated as confidential and not disclosed outside the group without consent.
17.3: DY3 Limited is not responsible for any disputes or issues that arise from group interactions or information shared within the group. Participants understand they are responsible for their own communication and interactions and participate at their own risk.
17.4: The group will be monitored by an administrator from DY3 Ltd. to ensure adherence to group guidelines. The administrator has the right to remove any member who violates these terms.
This policy is subject to change, and participants will be notified of any significant updates.
By joining the WhatsApp group, participants agree to comply with this policy and its terms.
17. Changes by DY3 Ltd
We reserve the right to make changes to the retreat itinerary or services, including adjustments due to unforeseen circumstances such as weather conditions. In the event of adverse weather, certain aspects of the retreat, such as transportation (e.g., boat transfers), may be affected. In the event of adverse weather conditions, we will arrange alternative provisions when necessary, but please note that these may not be of equivalent standard and the overall experience may differ from the original plan.
In addition to weather-related changes, we may update our terms and conditions as needed to reflect operational, legal, or regulatory requirements. If significant changes are made, we will notify participants as soon as possible. We strive to minimise disruptions and ensure your retreat experience remains enjoyable, even if adjustments are required.
By booking with DY3 Limited you acknowledge that you have read, understood, and agree to these Terms and Conditions.