TERMS AND CONDITIONS

Terms and conditions

Last updated: February 2025

Cancellation Policy

If you wish to cancel your booking, you must notify us in writing as soon as possible.

All cancellations are subject to the terms below and are at the sole discretion of High Tide Retreats Ltd.

A non-refundable deposit of 30% is required at the time of booking. This deposit is strictly non-refundable under all circumstances.

If cancellation is made:

• More than 8 weeks before the retreat start date — the deposit is retained. Any additional payments may be refunded only if your place is successfully resold, at our sole discretion.

• Between 8 weeks and 4 weeks before the retreat start date — 50% of the total retreat cost is payable. If you have not yet paid 50%, you remain liable for the difference.

• Less than 4 weeks before the retreat start date — 100% of the total retreat cost is payable and no refund will be given.

No refunds are provided for:

• Illness or injury

• Travel disruption

• Visa refusal

• Personal circumstances

• Change of mind

• Failure to obtain insurance

• Late arrival or early departure

Our cancellation policy exists to cover fixed supplier commitments, operational costs, and the risk that your place cannot be resold.

Comprehensive travel insurance is mandatory and must include cover for cancellation, medical treatment and surf activities.

Supplier Details

Supplier Name: High Tide Retreats Ltd

Registered in: England & Wales

Company Number: 17038249

Registered Office: 20 Rooks View, ME9 8GB

Email: hightideretreats@hotmail.com

Website: hightide-retreats.com

1. INTERPRETATION

1.1 Definitions

“Booking Confirmation” means written confirmation issued by the Supplier confirming acceptance of your booking.

“Charges” means the total price payable by the customer for the Services.

“Contract” means the legally binding agreement formed between the Supplier and the Customer upon Booking Confirmation for the Services in accordance with these terms and conditions.

“Customer” means the person making the booking or purchasing Services from the Supplier, and any participants included within that booking (“you”).

“Services” means the retreat, accommodation, activities, experiences, events, goods and related services made available by the Supplier to the Customer on the Website or otherwise provided by the Supplier to the Customer.

“Supplier” means High Tide Retreats Ltd (“we”, “us”, “our”).

“Website” means the Supplier’s ecommerce site through which bookings may be made.

”Business Day” means a day other than a Saturday, Sunday, or a holiday observed by UK banks.

”Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, trade secrets, goodwill, and the right to sue for passing, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality or, confidential information (including know-how) and all other intellectual property rights, in each case whether registers or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

1.2 Interpretation

1.2.1 References to statutes include amendments and re-enactments. A reference to a stature or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.2.2 Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

1.2.3 References to writing or written include email.

2. CONTRACT FOR SERVICES

2.1 A booking constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 A Contract is formed only when we issue a Booking Confirmation following receipt of the required deposit.

2.3 These Conditions apply to the Contract to the exclusion of any other terms the Customer seeks to impose, or which are implied by law, trade custom, practice, or course of dealing.

2.4 Any quotation given by the Supplier does not constitute a binding offer.

2.5 Nothing in these Conditions affects your statutory rights as a consumer under UK law.

2.6 These Conditions will apply to any bookings you make with us.

3. CUSTOMER OBLIGATIONS

3.1 The Customer shall:

3.1.1 Ensure that the terms of the booking, and any and all information provided is accurate and complete.

3.1.2 Co-operate with the Supplier in matters relating to the Services.

3.1.3 Provide the Supplier with such information as reasonably required for the processing of the Booking and delivery of the Services, and ensure that such information is complete and accurate.

3.2 The following restrictions apply in respect of purchasing:

3.2.1 Bookings may only be made by individuals aged 18 or over.

3.2.2 You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due.

3.2.3 Certain services may only be suitable for certain types of individuals. The Customer must carefully review the criteria and waivers for you and travellers in your group to agree to. Given the nature of some of the activities, not all Services are suitable for individuals with reduced mobility or conditions such as, but not limited to, pregnancy. If you have questions, please contact us to discuss whether the Services are suitable for you and your party before booking. We always suggest that you consult your doctor before booking.

3.3 The Customer is responsible for safeguarding personal belongings throughout the retreat. The Supplier accepts no responsibility for loss or damage to personal property while participating in the Services (from the point of departure to return, including all scheduled activities).

3.4 The Supplier accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of. Services may not be provided if incorrect information is given.

3.5 If the Supplier’s performance of any obligations under the Contract is prevented or delayed by any act or omission of the Customer, or failure by the Customer to perform any relevant obligation (“Customer Default”):

3.5.1 Without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend or terminate performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations.

3.5.2 The Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause, 3.5, and

3.5.3 The Customer shall reimburse the supplier on written demand for any costs or losses sustained or incurred by the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly from the Customer Default.

3.6 Assumption of Risk: To the maximum extent permitted under applicable law, the customer knowingly, voluntarily, and freely assume all risks, both known and unknown, or participating in such Service, including each Service in your immersive experience, even if those risks arise from the negligence or carelessness of the supplier or others, or defects in the equipment, premises, or facilities used during the service, or otherwise, and you assume full responsibility for participation in the service.

3.6.1 Surfing and ocean-based activities involve inherent risks including, but not limited to:

• Drowning

• Collision with boards or other participants

• Impact with reef or seabed

• Changing weather and tide conditions

• Equipment failure

3.6.2 By booking, you acknowledge and voluntarily assume all such risks.

3.6.3 Participation in all activities is at your own risk.

3.6.4 You confirm that you are physically and medically fit to participate.

3.6.5 You agree to comply with all safety instructions and cease participation if advised to do so.

3.7 Release and Waiver: You acknowledge and agree that:

3.7.1 You have reasonably assessed the risks involved in the Services and have made an informed and voluntary choice to participate

3.7.2 You alone, and not the Supplier, are responsible for determining your fitness for participating in the Services and your ability to fully understand any directions or warnings presented

3.7.3 You will not participate in any Services when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that particular Service.

3.7.4 You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Services. If you notice any hazard during a Service, you will stop participating in the Service immediately.

3.7.5 To the maximum extent permitted by law, you release and promise not to sue the Supplier for any claims, demands, causes of action, losses (whether economic or non-economic), damages, expenses, costs, or liability of any nature whatsoever arising from or in connection with the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory.

3.7.6 You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

4. CHARGES AND PAYMENT

4.1 The price of the Services shall be as stated on the Website at the time of booking, except in cases of obvious error. Prices are liable to change at any time, before or after your booking. If there are increases in prices after your Booking Confirmation, you will be notified and given an opportunity to accept the new price or terminate the Contract without any liability for you or us (less any platform, transaction and processing fees that have been incurred).

4.2 Despite the Supplier’s best efforts, some of the services listen on the Website may be incorrectly priced. The Supplier expressly reserves the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after the Booking Confirmation. If the change is made after the Booking Confirmation, the Supplier shall offer Customer the opportunity to keep the booking at the correct price or terminate the Contract without any liability for you or us (less any platform, transaction, and processing feed that have been incurred). The Supplier is under no obligation to provide Services at an incorrect price, even after confirmation of the booking has been sent.

4.3 Your payment to us may be processed on our behalf by a platform provider or its appointed third party payment processing provider. The platform provider receives the monies you pay to it as a payment agent for the Supplier.

4.4 A non-refundable deposit of 30% per person per room is required to secure your booking.

4.5 The remaining balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Service on the Website or on the confirmation email and invoices issued by the Supplier. In the event of your non-payment of the balance by the payment deadline, the Supplier reserved the right to cancel the booking and charge cancellation fees.

4.6 If you are paying in a currency (the converted currency) which is different to the primary currency of the listing (the primary currency), any payment and instalments you make towards the booking will be converted based on the prevailing exchange rate at the time you make the payment (which may differ to the exchange rate at the time of your booking). For any currency conversions, the Supplier (or our service providers) shall add its standard exchange rate fee from time to time in place, as amended from time to time. This shall be added on to the price being paid by you for the Service. Please note, the exchange rate may vary between payment of your instalments for the Service and accordingly the price for the Service may change as a result of the exchange rate fluctuations.

4.7 The customer should be aware that the local authorities in certain jurisdictions may impose additional taxes (applicable VAT or other indirect sales taxes, occupancy tax, tourist tax, or other income taxes, etc), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes

4.8 Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa, and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc), not excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.

4.9 If any payment is not paid by the due date the Supplier reserves the right to charge interest to you on the overdue amount at the maximum rate permitted by law. This penalty shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us this penalty together with any overdue amount.

4.10 If we become aware of of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expenses arising from such cancellation, without prejudice to any other action that may be made against you.

4.11 If cancellation occurs within a window where a percentage of the total retreat cost is payable (see Cancellation Policy), you remain liable for that amount.

4.12 All payments are non-transferable unless agreed in writing.

6. TRAVEL INFORMATION & INSURANCE

6.1 Please note that the Supplier is not responsible for providing passport or visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to the Supplier where relevant. Any information supplied by the Supplier on the Website or otherwise on these or related matters (such as climate, when to travel, clothing, baggage, personal items, etc) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.

6.2 The passport, visa, and health requirements at the time of booking should be viewed on relevant government websites or by making your own inquiries. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements.

6.3 You are encouraged to take out appropriate insurance which adequately covers the risks associated with the Services that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness, or death.

6.4 You are responsible for arranging travel to and from Sri Lanka.

6.5 The Supplier accepts no responsibility for inability to travel due to documentation issues.

7. CANCELLATION BY THE CUSTOMER

7.1 All cancellations must be made in writing.

7.2 Cancellation charges apply as set out in the Cancellation Policy above.

7.3 If a refund is made, it may be less any transaction or processing fees incurred.

7.4 Refunds are not guaranteed in force majeure circumstances.

7.5 Requests by the Customer for cancelling or changing a trip must be submitted to the Supplier promptly. Subject to your statutory rights, if any, and your express rights under this agreement, any such requests are at the sole discretion of the Supplier.

7.6 If a cancellation is accepted by the Supplier, the Supplier can impose a cancellation charge and may charge additional costs incurred as a result of the travel arrangements already made. If there are standard cancellation charges, these will be set out in our separate Cancellation Policy (if applicable for the Service). Where a cancellation affects more than one person on the booking, a cancellation charge will be applied in respect of each person on the booking. Please note that the cancellation of the Service may be subject to separate cancellation charges if there are additional costs that have been incurred.

8. CHANGE OF BOOKING BY THE CUSTOMER

8.1 If after making a booking the Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation, the participants, or the means of transport, the Customer should contact the Supplier. Subject to your statutory rights, if any, any such requests are at the sole discretion of the Supplier.

8.2 The Supplier has no legal obligation to make any changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and a fee may be imposed in the event of a change to a booking. Such fees can be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Service, (eg a flight) may incur a 100% charge. Any approved changes may incur an administration fee.

8.3 Changes are subject to availability.

9. CANCELLATION OR CHANGE BY THE SUPPLIER

9.1 On rare occasions, the Supplier may have to cancel the Service and reserves the right to do so. If the Supplier has to do so, the Customer will be notified as soon as possible. The Supplier may (at its discretion) also offer an alternative Service if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Service is of a lower quality or cost, the Customer may be entitled to a price reduction at the Supplier’s discretion. If the Supplier cannot offer an alternative, it may at its discretion provide a full refund of any payments made for the Service (less any platform, transaction, and processing fees that have been incurred).

9.2 If a refund is made to you for any reason, the refund shall be made less any platform, transaction, and processing fees that have been incurred.

9.3 As elements of the Services are planned in advance (in some cases by many months), from time to time the Supplier may need to make a change to the Services. The Supplier reserves the right to do so at any time. Most changes are minor changes, however, occasionally the Supplier will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Services, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:

(a) accept the proposed change

(b) reject the proposed change and terminate the Contract with a full refund (less nay platform, transaction, and processing fees that have been incurred); or

If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.

9.4 The Supplier may not give any of the above options in the event that a change to the purchased Service is not a significant change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the arrival time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

9.5 The Supplier is not liable for additional costs incurred by the Customer.

9.6 Minor changes to accommodation, schedule, instructors or activities do not constitute grounds for refund.

10. UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES

10.1 The Supplier shall not be liable where performance is prevented by events beyond reasonable control including but not limited to:

• Natural disasters

• Extreme weather, fire, flood, storm

• Political unrest, war, riot, civil commotion

• Government restrictions, compliance with any law or governmental order, rule, regulation, or direction

• Pandemics or the threat of the spread of any illness, disease, or any epidemic

• Failure of a utility service or transport or telecommunication network

• Strikes, lock-outs, or other industrial disputes

• Accident

• Breakdown of plant or machinery

• Default of Supplier or sub-contractors

10.2 In such circumstances, refunds are not guaranteed.

10.3 The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance

10.4 The Customer is advised to ensure that it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances

11. LIMITATION OF LIABILITY - THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1 Nothing in this section shall exclude liability or limit our liability where it is unlawful to do so. Your statutory rights as a consumer, if any, remain unaffected.

11.2 Except as set out in the Contract, the Supplier accepts no liability for any claims, losses, expenses, damages, or liability for the Services, except in cases of our fraud or involving death, injury, or illness where the Supplier has caused such damage with negligence.

11.3 To the fullest extent permitted by law, the Supplier shall not be liable for:

• Indirect or consequential losses

• Loss of enjoyment

• Loss of travel costs

• Loss of personal belongings

11.4 The Supplier’s total liability shall not exceed the total amount paid by the Customer.

11.5 If you have any complaint or claim, you must raise this with us in writing within 14 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.

12. INDEMNIFICATION

12.1 The Customer agrees that if you or anyone on your behalf make a claim against the Supplier relating to a Service, you will indemnify and hold harmless the Supplier against any liability, demand, loss, damage or costs which the Supplier may incur as a result of such a claim.

13. INTELLECTUAL PROPERTY

13.1 All website content, branding and materials remain the property of the Supplier and may not be reproduced without permission.

13.2 The Customer acknowledges that all copyright, trademarks, and all other intellectual property rights in all the Supplier’s literature and Website shall remain at all times vested in the Supplier. The Customer is permitted to use this material only as expressly authorised by the Supplier.

13.3 The Customer acknowledges and agrees that the material and content contained within the Website are made available for personal non-commercial use only and the Customer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.

14. DISCLAIMER OF WARRANTY

14.1 To the maximum extent permitted by law, the Supplier provides the Services ‘as is’, without warranties of any kind, whether express or implied, without limiting the foregoing and to the maximum extent permitted by law, the Supplier expressly disclaims any warranties of safety, fitness for a particular purpose, quiet enjoyment, and as to the adequacy of the directions and warnings provided to you.

15. ACCESS TO WEBSITE

15.1 Without affecting any other right or remedy available to it, the Supplier may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.

16. GOVERNING LAW

16.1 These Conditions are governed by the laws of England and Wales.

16.2 All disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. GENERAL

17.1 Assignment and other dealings. The Supplier may transfer its rights and/or obligations under any Contract to another organisation.

17.2 Waiver. If the Supplier does not insist immediately that you do anything you are required to do under these terms, or if the Supplier delays in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent the Supplier taking steps against you at a later date. Fore example, if you miss a payment and Supplier does not chase you and/or we continue to provide the Services, we can still require you to make the payment at a later date.

17.1 Validity. If any provision is found unenforceable, the remainder shall remain in effect. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.

17.2 Failure to enforce any right does not constitute waiver of that right.

17.3 Variation. We may amend these Conditions from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.

Acceptable Use Policy

Last updated: February 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

1. What’s in these terms?

This Acceptable Use Policy sets out the rules for using our website, including any content you upload, contact forms you submit, links you share, or other ways you interact with the site.

By using our website, you confirm that you accept this policy and agree to comply with it.

If you do not agree to these terms, you must not use our site.

We may update this policy from time to time. Continued use of the website constitutes acceptance of any updated terms.

2. Permitted Use

You may use our website only for lawful purposes.

You agree not to use our website:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose.

• To harm, attempt to harm, or exploit minors in any way.

• To bully, harass, insult, intimidate or humiliate any person.

• To send unsolicited advertising, promotional material or spam.

• To upload or transmit any malicious software including viruses, worms, trojans, spyware or similar harmful code.

• To attempt to gain unauthorised access to our systems or servers.

3. Prohibited Activities

You also agree:

• Not to reproduce, duplicate, copy or resell any part of our website without our express written permission.

• Not to interfere with, damage or disrupt:

Any part of our website;
Any equipment or network on which our website is stored;
Any software used in the provision of our website;
Any equipment, network or software owned or used by any third party.

• Not to scrape, extract or harvest data from our website without permission.

4. Content Standards

These content standards apply to any material you upload, submit, or share via our website (“Contribution”).

Contributions must:

• Be accurate where stating facts.

• Be genuinely held where expressing opinions.

• Comply with applicable UK law.

Contributions must not:

• Be defamatory, obscene, offensive, hateful or inflammatory.

• Promote violence, discrimination or illegal activity.

• Infringe any copyright, trademark or intellectual property rights.

• Be misleading or deceptive.

• Breach any legal duty owed to a third party.

• Impersonate another person or misrepresent your identity.

• Promote or advertise external services without our consent.

We reserve the right to determine, at our sole discretion, whether any Contribution breaches these standards.

5. Breach of This Policy

If we believe that you have breached this Acceptable Use Policy, we may take such action as we consider appropriate, including:

• Immediate, temporary or permanent withdrawal of your right to use our website.

• Removal of any content submitted by you.

• Issuing a warning.

• Taking legal action against you.

• Disclosing information to law enforcement authorities where required.

Failure to comply with this policy may also constitute a breach of our Terms & Conditions.

6. Limitation of Liability

We exclude liability for actions taken in response to breaches of this policy, to the fullest extent permitted by law.

We are not liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect your computer equipment due to your use of our website.

7. Governing Law

This Acceptable Use Policy is governed by the laws of England and Wales.

Any disputes arising in connection with it shall be subject to the exclusive jurisdiction of the courts of England and Wales.