Last updated: December 14, 2020
Please read these terms and conditions carefully before using Lingo Travels’ Service. Governing Law
The laws of the courts of France, excluding its conflicts of law rules, shall govern this Terms and Conditions and Your use of the Service. Acknowledgment
Before booking any trips with LINGO TRAVELS on our website www.lingotravels.com, please make sure you read our t
erms & conditions carefully. You must not put any booking into ex*****on if you do not agree or have not read the LINGO TRAVELS terms and conditions. Furthermore, please ensure you comply and agree with all of the following terms and conditions upon booking any of LINGO TRAVELS trips. By applying for one of our trips, you agree to have read and are in full accordance with LINGO TRAVELS LLC company’s terms and conditions. The agreement on the following terms and conditions may apply as a contract between both parties, Lingo Travels Limited , referred to as “we”, “us”, “our” and “company”, and the booking person, referred to as “other party” or “you”. All contract terms and conditions take validity and are binding between both parties (“us” and “you”) as soon as your application and booking has been reviewed and confirmed by LINGO TRAVELS and right upon receipt of your deposit payment to Lingo Travels. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, 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, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service 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. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
1. LANGUAGE RETREAT Information
General course and retreat details, such as information about the destination, accommodations, departure and return dates, any included activities, payment details and application due dates etc. can be found on Lingo Travels website and are subject to modifications.
2. RETREAT APPLICATION
To reserve a spot for one of Lingo Travel’s retreats, you must complete the registration form on our website www.lingotravels.com. Once your application form and deposit are submitted, the Lingo Travels team will take 1 working day to review and confirm them. The remaining balance will be due on selected monthly due dates (up to one month before the retreat start date). With every payment, an invoice will be provided to you. The non-refundable deposit will only be returned within 24 hours if your application is not eligible.
3. CONFIRMATION & ITINERARY
After we receive your deposit payment you will receive a confirmation email. Thereafter, we will send you the itinerary for the Retreat. Please consider that due to unforeseeable changes like third-party failures, weather conditions, local conditions, etc, LINGO TRAVELS reserves the right to change the itinerary in case any of the above circumstances may occur.
4. PAYMENT TERMS
A non-refundable deposit is required to secure and confirm your reservation. The remainder of the payment is payable either in total within the 48 hours of confirmation or in a monthly payment plan until up to 1 month before the due trip date. All bookings made within 8 to 4 weeks before a trip date are required to be fully paid upon reservation. If we do not receive your total payment on or before the payment due date, LINGO TRAVEL may use the right to cancel your reservation. In that case, no refunds will be issued. Deposit payments are non-refundable and non-transferable. Only in the case of a trip and course cancellation on our behalf can the deposit payment be transferred in form of a voucher to a future trip. When you choose to pay for your trip balance in instalments, you agree to be directly debited the remaining trip amount on a monthly basis until the course starting date. With your deposit payment, you allow us to debit you the remaining amount up until trip starting date. If any payment of your instalments is not received from the issuer for any reason, you agree to pay us all amounts due immediately on demand. Instalment payments are available up to 4 weeks before a trip’s departure. All bookings made within 4 weeks of a trip’s departure will have to be paid in full upon reservation.
5. PASSPORTS, VISAS, TRAVEL INSURANCE, COVID PCR-TEST
You are fully responsible for obtaining information about any passport, visa, and Covid-19 test requirements for your desired Lingo Travel trip. Lingo Travels can assist you with any doubts and questions however due to the different nationalities of participants, we can not ensure full assistance concerning required documentation. We will not be held responsible for any denial of entry into the destination country due to a lack of required documentation.
6. TRAVEL INSURANCE
Due to Covid-19 travel insurance has become a mandatory obligation for all LINGO TRAVELS trips. You are solely responsible for the cost of any travel and medical insurance and ensuring that you are adequately insured for the full duration of the Lingo Travels trip with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities. You will be solely responsible for any liabilities related to your failure to procure travel insurance. In that case Lingo Travel cannot be held responsible for any incurred liabilities on your part.
7. CHANGES, CANCELLATION & REFUNDS
Changes. The company reserves the right to make changes to any details, orgaization or information of the retreat (which may include without limitation changes to the types and/or timing of activities offered in the language program, accommodation changes, the itinerary, and/or the language classes). If a third party prevents or breaks their binding contract or the ex*****on of any itinerary, accommodation or activity programming, Lingo Travels will try to replace but not be held responsible for any damages or losses. You will not be eligible for any refunds of any amounts based on any such changes to the retreat. By company: Lingo Travel reserves the right to cancel any language retreat prior to in the event an insufficient number of confirmed participants. The minimum amount for retreat participants are 4 people. However in the event of a retreat cancellation you will get a full refund of any payments made with exception of the deposit payment which is non-refundable but can be transferred as a voucher unto another future trip of your choice. Lingo Travels will not take responsibility for financial losses, including preparation costs, airfare, travel documents, or any other claimed damages that may have been caused by trip cancellation. By you: All cancellations by you must be in written form emailed to the Company at the contact email address specified on the website ([email protected]). If cancellation takes place you can only claim following refunds:
From the moment of booking until up to 8 weeks prior to the trip starting date your deposit payment will serve as your cancellation fee. In some exceptional cases our trips are not announced more than 12 weeks before the starting date. In those cases your cancellation fee will be 50% of your deposit if cancellation takes place up to 7 weeks before trip departure. If cancelled between 16 and 8 weeks prior to the trip departure your cancellation fee will be the value of your deposit + 50% of the remaining trip cost. The only refund you can get in this case is a deposit voucher for a future trip. If cancelled less than 8 weeks prior to the trip departure date we will deserve to not make any refunds. Only in the case that you can successfully fill your spot with a replacing participant, you can claim a full refund excluding the deposit payment. In the event of any change or cancellation mention in this section, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Section refunds) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
8. PHOTOS AND VIDEO RELEASES
By participating in our cultural trips and LINGO TRAVEL language course, you irrevocably grant us and our staff all rights to produce, use, reproduce, display, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the trips (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of the Company. The produced images and videos will solely be used in relations with LINGO TRAVELS promotion, on our official website and social media platforms. Talent release:
By agreeing to this release I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and / or Assigns for descriptive purposes. I agree that I have no rights to the Content, and all rights to theContent belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.
9. VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY
You acknowledge that you are voluntarily participating in the Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, horse-back riding, swimming, and various other exercises or physical activity. You acknowledge that you are fully aware of the risks and hazards connected with participation in the Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Retreat. All activities are optional and if you do not want to participate in an activity you are not required to. The Company is not responsible for providing an alternative activity for you if you choose not to participate.
10. HEALTH AND FITNESS ELIGIBILITY
You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Retreat. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Retreat, including any Physical Activities. You have consulted with your physician and your physician has authorized you to participate in the Retreat, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the Departure Date. Documentation from your physician confirming your clearance to participate in the Retreat can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Retreat, you will cease participation in the same and seek appropriate medical attention. YOU ARE HEREBY ADVISED THAT THE RETREAT MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NO ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR YOUR PARTICULAR HEALTH ISSUES). YOU ARE FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE YOUR SOLE RESPONSIBILITY. As a result, we strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Retreat, any Retreat Classes, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Retreat or any related activities at any time to individuals demonstrating behaviour that may result in injury to themselves or others.
11. ASSUMPTION OF RISK
You understand that serious accidents may occur during Physical Activities, including without limitation Retreat Classes, and that participants can sustain fatal and/or serious personal injury. As stated above, the Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarize yourself with all possible relevant travel information in connection with your participation in the Retreat. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including Retreat Classes) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Retreat. You acknowledge that your decision to participate in the retreat is made in full consideration of the foregoing information and that you solely and exclusively assume the risks involved with participating in the retreat. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
12. INJURY
In the event you are injured while participating in the Retreat, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that IN NO EVENT SHALL COMPANY AND/OR ANY COMPANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE RETREAT.
13. WAIVER OF LIABILITY AND RELEASE
In consideration for participating in the retreat, YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE COMPANY, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (each a “company party” and collectively, the “company parties”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE RETREAT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Retreat.
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AGREEMENT TO RELEASE AND INDEMNIFY: The registrant named on this form requests to participate in the retreat listed thereon. Therefore, to the extent permitted by applicable law, the registrant knowingly and voluntarily waives, releases, saves, holds harmless and indemnifies LINGO TRAVELS LLC its agents, servants, employees, shareholders, officers, directors, attorneys and contractors, past, present and future, and its respective heirs, legal and personal representatives, successor and assigns (collectively “Released Parties”), and all of its respective properties, assets and interests (“Released Property”) from any and all claims, actions, causes of action, demands, rights, damages, costs losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known and unknown, foreseen or unforeseen loss of life or personal injury, loss or damage to property, and the consequence thereof, directly or indirectly, resulting from, incident to, in connection with, or arising out of that registrant’s participation in the tour(s) (collectively, the “Claims”). It is my intention that this agreement to release and indemnify shall apply to all of the claims without limit and, to the fullest extent permitted by applicable law, regardless of whether founded, in whole or in part, on any negligent act or omission of any of the released parties. You understand and agree that Lingo Travels has no liability for your personal medical expenses and/or medical care. You certify that you are in good health and physical condition and do not have any physical disability, medical condition or other limiting factor that would create a hazardous situation for yourself or other passengers. Further, I understand that certain risks are inherent in the activities to be undertaken by you, including horseback-riding, hiking, dance, walking, sports activities and that inclement weather and unavailability of first aid or emergency medical treatment as well as other unknown or unanticipated risks may occur such as war or terrorism, and I accept full responsibility for such specified inherent risks and those not specifically identified. I understand and agree that; No one who is not a participant of The Retreat is allowed to stay overnight at the accommodation. I have read, understand, and accept Lingo Travels’ deposit, cancellation and refund policies and terms and conditions as described in the tour itinerary and accompanying documents. I have read and understand this Agreement to Release and Indemnify, which contains the entire and final agreement relating to the subject matter hereof. Its terms shall be binding on me/us and on my/our heirs, legal representatives and assigns. Liability under this Agreement to Release and Indemnify shall be joint and several. If any provision of this Agreement to Release and Indemnify is determined to be void, unenforceable, ineffective or against public policy, that provision shall be disregarded and deemed removed from this Agreement to Release and Indemnify and shall not affect the remaining provisions of this Agreement to Release and Indemnify. I understand that tour prices for both land and air can vary due to supplier charges, currency fluctuations, park fees, and other increased costs and that the cost of this tour is subject to change to reflect such variations. I have been advised of obtaining insurance coverage for trip cancellation, medical assistance, and baggage loss. I understand and accept all terms and conditions and the undersigned’s signature below is evidence of this acknowledgement. The receipt of this signed form and your tour deposit shall be deemed to be consent to the above conditions. This agreement to release and indemnify shall be governed by and construed under the laws of France. Venue for enforcement of this release and indemnity agreement shall be in Paris, France. This request for registration is made subject to the terms and conditions of the Agreement to Release and Indemnify included in this document. Please read this entire document carefully. All registrants must sign this release. Registration can not be confirmed until your deposit is received and this agreement is signed. Registration and/or attendance imply agreement with the terms and conditions of the Agreement to Release and Indemnify included in this document.
14. INDEMNITY
You further hereby agree to indemnify and hold harmless the company parties from any and all liabilities (including without limitation court costs and attorney’s fees) that one or more of the company parties may incur as a result of your participation in the retreat, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or willful misconduct of a company party), to the fullest extent allowed by applicable law.
16. GENERAL
16.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
16.2. Force Majeure. If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, company will be under no liability whatsoever to you and may, at company’s sole discretion, by written notice to you, either cancel the course or take any other reasonable action.
16.3. Choice of Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with French law and shall be subject to the exclusive jurisdiction of the French Courts.
16.4. Interpretation. You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
16.5. Severability. If any portion(s) of this document is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby.
16.6. Waiver. The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
16.7. Headings. The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: https://lingotravels.com/contact/
