Article 1 — Purpose and Scope of the General Terms and Conditions of Sale

Article 3 — The price

4.1 Payment

Regarding payment, the tourist service purchased on www.homebodyretreats.com will automatically redirect to Mood Goyave at www.moodgoyave.com to proceed with payment by credit card.

The full amount of the stay is required at the time of your registration, unless exceptions are made, and partial payments are possible depending on the type of stay. In such cases, this is specified in the payment process, along with the payment schedule. Payment can be made by credit card (Mastercard and Visa).

4.2 Payment default

Failure to pay the travel price by the due date will authorize Mood Goyave to consider the trip as canceled by the client on the day of departure and, as a result, to bill the client for the full cancellation fees normally due on that date, which is 100% of the fees.

Any request from the client to modify or cancel their reservation must be sent by email to Mood Goyave at the following address: hello@moodgoyave.com.

Any modification is subject to the agreement of Mood Goyave and the availability of the services. In case it is not possible to make the requested modification, the original contract will remain in effect.

Any reservation modification not approved by Mood Goyave (change of room, type of reservation, or any activity or element not included in the sale price at the time of booking) cannot lead to a refund, even partial, without the prior agreement of Mood Goyave, both before, during, and after the stay.

Any activity scheduled in the program and not consumed (for personal or medical reasons) cannot be subject to specific compensation.

The date used to determine the deadline for modification or cancellation resulting in the fees mentioned below will be the working day following the receipt of the modification or cancellation request.

5.1 Fees in case of modification

Any modification incurs a minimum fee of €25 per booking, in addition to the fees associated with the modification itself, which will be charged by the relevant supplier and communicated to the client in advance.

The same conditions apply in the case of a change of name or typographical errors in the names provided at the time of booking.

In most cases, on-site modifications are not accepted. However, in the event of an accepted modification, any additional cost, which is the client's responsibility, must be paid on-site. Services not consumed do not qualify for any refunds.

5.2 Fees in case of cancellation of a stay

The client may terminate the contract at any time before the start of the stay. The reason for cancellation must be communicated to Mood Goyave without fail. It is recommended that the client notify this cancellation in writing. If the client terminates the travel/accommodation contract or does not participate in the stay, Mood Goyave may demand compensation for the actions taken and the expenses incurred.

Cancellation fees for tourist services without air transport as a percentage of the total trip amount:

The stay is confirmed:

• More than 60 days before departure: 10% + handling fee*

• Between 60 and 46 days before departure: 30% + handling fee*

• Between 45 and 30 days before departure: 50% + handling fee*

• Less than 30 days before the departure date or no-show: 100% + handling fee*

The stay is not yet confirmed: 0% + handling fee* waived

*The handling fee is a fixed rate of 25 euros including taxes.

In the context of COVID-19, we encourage our clients to be as responsible as possible. If symptoms appear before departure, we kindly ask you to get tested and inform us of the situation. In the case of a positive test for the participant before the stay, it will be considered a late cancellation. As it is not a case of force majeure (Article 1218 of the Civil Code), the participant will not be entitled to a refund or any compensation. We encourage our clients to contact their travel insurance to understand their reimbursement terms in case of COVID-19 illness.

5.3 Interruption of the stay by the client

Any interrupted or shortened stay or any service not consumed, regardless of the cause, except in the case of force majeure as defined in Article 8 below or the fault of Mood Goyave or one of its service providers, will not result in any refund, even in the case of repatriation.

If Mood Goyave has to cancel a departure for any reason, those already registered will be fully refunded, without any entitlement to compensation. If an insufficient number of participants are registered for a departure, Mood Goyave may cancel the trip no later than 35 to 15 days before departure (see section 2.2 booking).

In the event of a change to one of the elements of the contract by Mood Goyave, only the destination, price, and dates can be considered, by express agreement between the parties, as essential elements of the contract.

Therefore, without this modification being considered as affecting an essential element of the contract justifying compensation or the client's cancellation, accommodation or a restaurant may be replaced by an establishment of the same or higher category, and the itinerary of a tour may be modified to ensure services of at least equivalent quality to the originally agreed-upon services.

5.4 Assignment of contract

Any assignment of a travel contract made under the conditions provided for in Article R 211-7 of the Tourism Code will result in fees, the amount of which may be up to the total price of the trip depending on the departure date and the transport used. The assignor is required to inform Mood Goyave of their decision by email sent to hello@moodgoyave.com no later than seven days before the start of the trip.

Article 6 — Formalities

It is the sole responsibility of the client to ensure that the various documents required for their trip, the consumption of a service, or boarding (national identity card or passport, driver's license, etc.) are valid. The identification used must be in the same name as the transportation ticket. The same applies to any document related to health status (negative test, specific certificate). Failure by the traveler to meet administrative and/or health requirements for crossing borders, which may result in refusal to board or interruption of the stay or trip, shall not justify any refund or compensation.

Every reservation obliges the client to provide a valid health pass 48 hours before the start of the stay.

Article 7 — Force majeure cases

In case of force majeure that makes it impossible to carry out the service, Mood Goyave will notify the client by all means, including by phone and email. The travel contract will then be suspended automatically without compensation, starting from the date of the event.

If the trip could not be carried out or continued, the travel contract would be terminated, and the traveler would not be entitled to any compensation. However, Mood Goyave will refund any unused amount that it still holds or has obtained reimbursement on behalf of and for the account of the client.

No insurance or repatriation assistance is included in the travel packages sold. In the event of cancellation of the trip or stay by the client, the insurance premium is never refundable, and the subscription to insurance is non-refundable under any circumstances. Any claim must be made directly to the insurance company by the client, following the terms of the insurance policy purchased.

It is strongly recommended that participants take out cancellation or multi-risk insurance (depending on the destination of their trip).

Mood Goyave is in no way responsible for the terms of the insurance, and the insured cannot refer to Mood Goyave in the event of a dispute or claim with their insurance company. Any claim must be made directly to the insurance company by the client, following the terms of the insurance policy purchased.

Any complaint regarding the stay conditions must be made promptly, on-site and in writing, to the service providers responsible for the stay and to Mood Goyave at the address hello@moodgoyave.com for immediate processing.

After contacting Mood Goyave and in the absence of a satisfactory response within 60 days, the client may contact the Tourism and Travel Ombudsman at the following address: Médiation Tourisme et Voyage (MTV) BP 80303 75823 Paris Cedex 17 (www.mtv.travel).

As part of the services provided, the client or participants designated by the client will be filmed and photographed. The company GILONE ISLAND, organizer of retreats on the website www.homebodyretreats.com, may provide the client with a souvenir of their stay. In this context, the client accepts the use of their image and authorizes the company GILONE ISLAND to reproduce and exploit their image in the context of photographs and videos taken during the stays in which they participate. If the client does not wish to be photographed or filmed, they must make a written request in advance before the stay to hello@moodgoyave.com.

Article 11 — Disclaimer of liability and acceptance of risks

11.1 Risks Inherent to the activity

11.2 Health condition

The client acknowledges having been informed about the risks inherent in their participation in the stays offered by www.homebodyretreats.com.

It is the client's responsibility to communicate openly and fully to Mood Goyave, yoga instructors, and other activity providers about any injuries they may have. The client acknowledges being aware that the practice of yoga and other activities offered during the stays carries risks. Therefore, they must ensure to immediately stop any activity if they experience discomfort or pain.

The client certifies that their state of health and physical abilities allow them to participate in the activities offered by Mood Goyave. They certify that they do not have any known or treated medical conditions. The client certifies that they do not have any physical, emotional, or behavioral health problems that may directly or indirectly limit their participation in the activities.

Pregnant women are requested to contact Mood Goyave before making their reservation. If the yoga instructor is comfortable with this specific teaching, a letter from a doctor certifying their fitness for travel and the intended practice will be required before confirming the reservation.

Mood Goyave cannot be held responsible for the client's health status because the company does not have to verify this personal information.

It should be noted that due to the context related to the coronavirus epidemic, Mood Goyave informs the client that it will implement government measures. Furthermore, it encourages participants to undergo PCR or antigen tests before and after the training to minimize the risk of transmission.

11.3 Acceptance of risks

The client is aware that the activities offered on the website www.homebodyretreats.com sometimes take place in semi-natural or natural environments that may be rugged and are consequently farther from medical services. This situation could lead to long delays in case of an emergency requiring evacuation, and therefore, a possible worsening of their condition or injury. Having been informed of these risks and having had the opportunity to discuss them with a responsible person for the activity, the client acknowledges having been informed about the inherent risks of the activities and is able to undertake the activity or stay with full awareness and acceptance of the risks that may be associated with this stay or activity. The client also commits to playing an active role in managing these risks by adopting a preventive attitude toward themselves and others.

11.4 Release of material liability

The client hereby waives any claims and any claims for damages for any damage to their property and equipment. (Normal wear and tear, loss, breakage, theft.)

11.5 Authorization to intervene in case of emergency

The client authorizes Mood Goyave to provide all necessary first aid. The client also authorizes Mood Goyave to make the decision in case of an accident to transport them (by ambulance, helicopter, coast guard, or otherwise) to a hospital or community health facility, all if necessary, at their own expense.

Article 12 — Partial Nullity

If one or more provisions of the Terms and Conditions were to be declared null and void under the law, a regulation, or a final decision of a French court, the other provisions shall remain in full force and effect.

Article 13 — Applicable law and competent jurisdiction

Our provider, Mood Goyave, is established in France in a stable and lasting manner to effectively carry out its activity, regardless of the place of performance of the Services. Therefore, the Terms and Conditions are subject to the application of French law.

In the event of a dispute or complaint, the Client will first contact Mood Goyave in an attempt to reach an amicable solution. In the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the applicable rules of jurisdiction.