Terms and Conditions – Remember Retreat Ibiza (Namascape AG)
 

1. Scope and Contracting Parties

These Terms and Conditions (hereinafter "Terms") apply to the Remember Retreat Ibiza organized by Namascape AG (Kantonsstrasse 6, 8807 Freienbach, Switzerland registered in the commercial register of the canton of Schwyz, CHE-485.518.170), as well as to any related services provided in connection with this retreat. By registering for the retreat, you (the "Participant") enter into a binding contract with Namascape AG and accept these Terms in full.

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Namascape AG is the organizer of the retreat and the contracting party for Participants. All retreat activities, arrangements, and services are provided under the conditions set out below. Should any provision of these Terms be or become invalid, the remaining provisions shall remain in effect (severability clause). Any deviating agreements or terms require written confirmation by Namascape AG.
 

2. Services Provided

Namascape AG will provide the retreat program as advertised on the official website and related materials. The retreat package generally includes accommodation, meals, scheduled activities, and local transportation during the retreat, as outlined in the retreat description. International travel (such as flights to and from Ibiza) is not included in the retreat package and must be arranged by the Participant at their own responsibility and cost. Any additional services or excursions not expressly stated as included (for example, optional tours or treatments) are not part of the contract and Namascape AG bears no responsibility for those third-party services.

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Namascape AG reserves the right to make minor changes to the retreat schedule, content, or assigned instructors/facilitators, provided such changes do not significantly alter the nature of the retreat. Minor adjustments or the substitution of facilitators (e.g. if a scheduled instructor becomes unavailable) do not entitle the Participant to any refund or compensation, as long as the overall character of the retreat is preserved. In the unlikely event that a significant change must be made to a key aspect of the retreat (for example, a change of venue or date), Namascape AG will inform Participants as soon as possible and offer appropriate options, such as participation in a rescheduled or alternative retreat, or a refund in accordance with statutory requirements.
 

3. Registration and Payment Terms

Registration: Participants may register for the Remember Retreat Ibiza via the official website or in writing through the provided booking channels. Registration is considered binding once submitted. Upon receiving a booking request, Namascape AG will confirm availability. The contract for the retreat comes into effect when Namascape AG sends a written booking confirmation (for example by email) to the Participant. The retreat fee and these Terms then become legally binding for both Namascape AG and the Participant.

Payment: The retreat price and all payment details are communicated during booking. The full retreat fee must be paid in advance, prior to the start of the retreat (at least 7 days before the retreat). In principle, the full payment is due immediately upon booking confirmation, or no later than the deadline stated on the invoice/confirmation. If a deposit system is offered, the specific deposit amount and final payment deadline will be indicated by Namascape AG (e.g. a deposit upon booking and the remaining balance by a certain date before the retreat). In any case, the full payment must be received by Namascape AG before the retreat begins (7 days before).

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Payments can be made via the payment methods indicated (such as bank transfer or credit card) in the currency and to the account specified. The Participant is responsible for any bank fees or transfer costs. Timely payment is essential. If the Participant fails to pay on time, Namascape AG reserves the right to cancel the Participant’s booking and apply the relevant cancellation fees as per Section 4 of these Terms. Non-payment is not considered a valid cancellation; the Participant remains liable for the retreat fee unless a proper cancellation is communicated in accordance with Section 4.

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The prices listed for the retreat are final (end prices) per person, inclusive of any applicable taxes or value-added tax (VAT) under Swiss law, unless stated otherwise. Any tourist taxes or similar charges at the retreat location, if not included, will be communicated and are to be borne by the Participant.

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4. Cancellation and Changes by the Participant

Cancellation by Participant: The Participant may cancel their booking at any time before the retreat begins by notifying Namascape AG in writing (e.g. by email). However, because cancellations incur costs for the organizer, the Participant agrees to pay the following cancellation charges (as a percentage of the total retreat price), depending on the notice period before the retreat start date:

• Cancellation up to 30 days before the retreat start date: 50% of the retreat price is due. In other words, Namascape AG will refund 50% of the retreat price if it has already been paid, retaining the other 50% as a cancellation fee.

• Cancellation 29 days or less before the retreat start date (including failure to show up without cancellation): 100% of the retreat price is due. No refund will be issued for cancellations made in the last 29 days before commencement or for no-shows.
   

The effective date for calculating the cancellation fee is the date on which Namascape AG receives the Participant’s written cancellation notice. If any outstanding balance exists at the time of cancellation, the Participant will be invoiced for the applicable percentage as per the above schedule. These cancellation fees are agreed as liquidated damages, considering that it may be difficult to find a replacement participant on short notice and that Namascape AG has likely incurred costs and commitments in preparation for the retreat.

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Substitute Participant: In line with Swiss law, if the Participant is unable to attend the retreat, they have the right to nominate a substitute participant to take their place. The substitute must meet all the conditions of participation (e.g. any required qualifications or agreements to these Terms). The Participant must inform Namascape AG of the proposed substitute within a reasonable time before the retreat starts to allow necessary arrangements. Namascape AG can object to the substitute only for valid reasons (for example, if the substitute does not fulfill necessary requirements). If a substitute participates in the retreat, that person and the original Participant are jointly and severally liable for the full retreat price and any additional costs that result from the substitution (for instance, an administrative fee for the name change on bookings). Namascape AG will inform the original Participant of any such additional costs in advance.

Partial Attendance: If a Participant arrives late, departs early, or otherwise only partially attends the retreat, no refund or reduction in price will be granted for the missed portions.

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Travel Insurance Advice: We strongly recommend that Participants obtain a travel cancellation insurance policy. This insurance can cover the retreat fees in the event that you must cancel due to illness, accident, or other personal reasons beyond your control. Please note that if you cancel your participation, the above cancellation policy will apply regardless of the reason, so having appropriate insurance is for your protection. Additionally, we recommend having adequate health and accident insurance that covers you during travel and the retreat, as well as insurance for any lost or damaged personal property, since Namascape AG does not cover those risks (see Section 6 on Liability).

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5. Cancellation, Changes or Termination by the Organizer

Namascape AG will make every effort to conduct the retreat as scheduled. However, the organizer reserves the right to cancel or make changes in the following circumstances:

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a. Minimum Participants Not Reached: The Remember Retreat Ibiza requires a minimum enrollment of 10 participants for optimal experience and feasibility. If fewer than 10 participants have registered by a cut-off date, Namascape AG is entitled to cancel the retreat. The cut-off date for this decision will be communicated in advance (and will be no later than 30 days before the retreat start). In the event of such a cancellation due to low enrollment, Namascape AG will inform you no later than 30 days before the scheduled start of the retreat (or as soon as reasonably possible). Any retreat fees already paid by the Participant will be refunded in full in this case. The Participant shall not be entitled to additional compensation for the cancellation due to not meeting the minimum participant number, and specifically waives any claims for damages or further compensation, since this cancellation right is exercised in accordance with the terms of contract and Swiss law.

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b. Force Majeure and Unforeseen Events: Namascape AG may cancel or significantly alter the retreat if events outside our reasonable control make it impossible or exceedingly difficult or dangerous to carry out the retreat as planned. Such events include, but are not limited to, natural disasters, epidemics/pandemics, war, terrorism, political instability, strikes, government travel warnings or restrictions, or other force majeure circumstances. Additionally, certain unforeseen events specific to this retreat could trigger cancellation or changes – for example, if the booked retreat accommodation becomes unavailable due to the landlord or provider canceling on short notice or other facility issues beyond our control. In such cases, Namascape AG will inform Participants as soon as possible and may cancel the retreat or offer a suitable alternative arrangement (such as a change in venue or postponement). If the retreat is canceled by Namascape AG before commencement due to force majeure or similar extraordinary circumstances, Participants will receive a full refund of any payments made for the retreat. However, Namascape AG shall not be liable for additional compensation or damages beyond refunding the retreat fees, and in particular will not be liable for any outside expenses the Participant may have incurred (such as airfare, visa fees, equipment purchases, etc.), which is why appropriate travel insurance is strongly advised.

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c. Other Reasons for Cancellation by Organizer: If Namascape AG must cancel the retreat for any reason not covered above (e.g., due to illness of the retreat leader without a suitable replacement, or other significant operational issues on the organizer’s side), Participants will likewise receive a full refund of the retreat fees paid. In such a scenario, Namascape AG’s liability is limited to the amount of the retreat fee; no further claims for compensation can be made, except as provided by law. We will attempt to offer an alternative date or program if feasible, but Participants are free to choose a refund instead if the offered alternative does not suit them.

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d. Program Changes: Namascape AG reserves the right to make insignificant or minor changes to the retreat program or arrangements as necessary, for example adjusting the daily schedule, replacing activities with similar alternatives, or switching instructors, provided these changes do not materially affect the content and purpose of the retreat. Such minor changes do not entitle the Participant to any refund or to cancel the contract without fees. If any significant change is required (for instance, a change of the retreat venue or dates, or a significant change in the content of the program that alters its character), the Participant will be informed as soon as possible and given the option to accept the changes, or to cancel the booking for a full refund of payments made, in accordance with Swiss package travel regulations. In such cases, the Participant must communicate their decision within the deadline specified in the change notification. If no response is received, it may be deemed an acceptance of the change, as long as that was indicated in the notice.

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In all cases of organizer-initiated cancellation or significant changes, Namascape AG will strive to minimize inconvenience to Participants. Refunds due to cancellation by the organizer will be processed as promptly as possible. Participants agree that beyond the refund of retreat fees (or provision of an equivalent alternate service, such as a rescheduled retreat), they have no further entitlement to compensation, except where mandatory law provides otherwise.

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6. Participant Responsibilities and Obligations

a. Travel Documents and Requirements: The Participant is responsible for ensuring that they have valid travel documentation to attend the retreat in Ibiza, Spain. This includes a valid passport (with any required validity beyond the return date) and any necessary visas or entry documents if coming from outside the EU/Schengen area. Namascape AG is not liable for any problems arising from lack of proper documents; if a Participant cannot attend the retreat due to incomplete travel documents or being denied boarding/entry, it will be treated as a cancellation by the Participant at the last minute (100% fee applies).

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b. Health and Fitness: By registering for the retreat, the Participant confirms that they are in a suitable state of health (physical and mental) to participate in the retreat activities. The retreat may include activities such as yoga, meditation, light physical exercises, excursions, etc. It is the Participant’s responsibility to consult with a doctor beforehand if they have any injuries, illnesses, psychological conditions, or are pregnant, to ensure the retreat is appropriate for them. Any existing health issues or special requirements should be communicated to Namascape AG before the retreat so that we can attempt to accommodate the Participant’s needs if possible. Participants must comply with any safety instructions and guidelines given by retreat staff. All activities during the retreat are undertaken at the Participant’s own risk and discretion; each Participant is expected to know their own limits and to exercise care for their personal well-being.

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c. Insurance: As noted, Namascape AG’s services do not include personal insurance coverage. Participants are responsible for obtaining their own insurance for the duration of the trip and retreat. At minimum, Participants are strongly advised to have health insurance that covers medical treatment abroad, accident insurance, and travel cancellation/interruption insurance. Optional insurance to cover baggage, liability to third parties, or other risks is also recommended according to individual needs. Any insurance claims must be dealt with between the Participant and their insurer; Namascape AG is not involved in personal insurance matters.

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d. Conduct and Damage: Participants are expected to behave respectfully and lawfully throughout the retreat. This includes respecting the rules of the accommodation facility and the laws of the host country (Spain), as well as being considerate of other participants, staff, and property. If a Participant causes any damage to property or harm to persons, whether at the retreat venue or during retreat activities, the Participant will be held liable for the costs or consequences of such actions. Namascape AG reserves the right to remove from the retreat (at the organizer’s discretion) any Participant who seriously disrupts the retreat or endangers others through unacceptable behavior, without entitlement to any refund. In such circumstances, any additional costs incurred due to early removal (e.g. travel arrangements) will be the responsibility of that Participant.

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7. Liability of Namascape AG

 

a. Limitations of Liability: Namascape AG will perform its duties with due care and is responsible for providing the retreat services as described, subject to Section 5 (changes and cancellations). However, Namascape AG’s liability for damages is, to the extent permitted by law, limited or excluded. In particular, Namascape AG is not liable for slight negligence on its part or on the part of its agents. Namascape AG shall only be liable for damages that are the direct result of gross negligence or willful misconduct by the organizer. Any contractual liability for damages caused by ordinary (minor) negligence is hereby, as far as legally possible, excluded. Under no circumstances will Namascape AG be liable for any indirect or consequential damages such as lost profits, emotional distress, or opportunities missed.

It is specifically agreed that Namascape AG cannot be held liable for any injuries, illnesses, accidents, or other personal harm that may occur during the retreat, except where caused by the intentional or grossly negligent actions of Namascape AG. The Participant attends and partakes in all retreat activities at their own risk. This applies to all activities organized during the retreat (e.g. yoga sessions, excursions, swimming, etc.). Participants are responsible for judging their own capabilities and deciding whether to participate in each activity.

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b. Third-Party Liability: Namascape AG is not liable for the acts or omissions of third parties that are not acting under its instruction or control. For example, Namascape AG is not responsible for any third-party services or excursions that a Participant books outside the retreat package (such as independent tours, external lodging before/after the retreat, or airline services for travel to Ibiza). If any part of the retreat relies on third-party providers (for instance, the accommodation, transport companies, or caterers), Namascape AG will exercise care in selecting and coordinating with such providers, but the actual performance of those services is the responsibility of the respective third-party provider. Any claims or issues arising from third-party services should be directed to those providers. Namascape AG shall assist within reasonable bounds to support Participants in dealing with issues (for example, helping communicate with a hotel owner), but this assistance is goodwill and does not constitute an assumption of liability.

Notably, if the retreat is cancelled due to the accommodation provider or another essential supplier failing to deliver (see Section 5.b), Namascape AG will refund the Participants as stated, but will not be liable for additional compensation related to that third-party failure. Furthermore, Namascape AG is not liable for any loss, theft or damage of the Participant’s personal belongings during the retreat; the security of personal items is solely the Participant’s responsibility (we advise using safes where available and exercising caution).

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c. Legal Limitations: Nothing in these Terms shall limit or exclude Namascape AG’s liability in situations where the law prohibits such limitation or exclusion. For instance, liability for any personal injury or death resulting from Namascape AG’s negligence (or that of its agents) will not be excluded where applicable law mandates such liability. Likewise, any liability for intentional misconduct or gross negligence cannot be contractually excluded under Swiss law. These Terms are intended to be in compliance with Swiss law, including consumer protection and package travel regulations. In case of any conflict between these Terms and mandatory legal provisions, the latter shall prevail.

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8. Data Protection

The personal data of Participants collected for the purpose of booking and organizing the retreat (such as name, contact information, and necessary details) will be handled in accordance with applicable Swiss data protection laws. Such data will be used by Namascape AG and its partners solely for the execution of the retreat and for communication with the Participant. It may be shared with third-party service providers strictly on a need-to-know basis for conducting the retreat (for example, providing a rooming list to the accommodation venue). By registering, the Participant consents to this use of their data. For more detailed information on data handling, please refer to our Privacy Policy (available on our website). Namascape AG will not share personal data with unauthorized third parties and will take reasonable measures to protect it. Participants should note, however, that communication via email or the internet can involve certain security risks outside our control (as detailed in our Privacy Policy).

If Participants wish to have their data deleted after the retreat (and after any statutory retention requirements expire), they may contact Namascape AG to request deletion.

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9. Intellectual Property and Media Usage

All materials provided during the retreat (such as course content, handouts, or digital resources) are the intellectual property of Namascape AG or the respective authors and are provided for the personal use of Participants. They may not be reproduced or distributed to third parties without permission.

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Namascape AG and its facilitators may take photographs or video recordings during the retreat for group memories or promotional purposes. By participating in the retreat, you consent that Namascape AG may use images or videos in which you might appear, for promotional and marketing purposes (for example, on the Namascape website or social media), without compensation, unless you explicitly object at the time. If you do not wish to be included in any photographs or recordings, please inform the retreat organizers in advance and we will accommodate your request. Any personal recordings you make during the retreat should respect the privacy of other participants (do not capture or share images of others without consent).

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10. Applicable Law and Jurisdiction

This contract and any disputes or claims arising out of or in connection with it or the retreat shall be governed exclusively by Swiss law, specifically by the substantive laws of Switzerland. If the Participant is a consumer residing outside Switzerland, this choice of Swiss law applies only to the extent that it does not deprive the consumer of any mandatory protections under the law of the country of their residence.

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The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms or the retreat shall be Freienbach, Canton of Schwyz, Switzerland, which is the registered seat of Namascape AG. Notwithstanding the foregoing, Namascape AG reserves the right to pursue legal action against a Participant in the courts of the Participant’s domicile if claims are at issue.

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11. Final Provisions

No verbal agreements exist outside these written Terms. Any amendments or additions to these Terms (including this clause) must be made in writing. This requirement can only be waived by a written agreement.

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Should any provision of these Terms be found invalid or unenforceable, that shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid arrangement that comes closest to the intended purpose of the original.

By registering for the Remember Retreat Ibiza, the Participant acknowledges that they have read and understood these Terms and Conditions and agrees to abide by them. These Terms are made available to the Participant prior to booking (e.g., via the website) and again with the booking confirmation. It is advised that the Participant retains a copy of these Terms for their records.

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Namascape AG – Freienbach, Switzerland – AGB/Terms & Conditions for Remember Retreat Ibiza (Version: June 2025)