Terms and Conditions – 5EW Retreats

Terms and Conditions – 5EW Retreats
The retreats and trainings described in this document or on our website are organised and operated by 5th Element Wellness.

1.) The Contract

These Booking Conditions contain important information. It is essential that you read and understand them carefully. The Booking Conditions form a legally binding contract between you and 5th Element Wellness for the services provided. By booking with us and paying the non-refundable fees per traveller for all trips, or the full payment, you acknowledge that you have read, understood, and agreed to be bound by these Booking Conditions.

Acceptance of your booking will be confirmed in writing via email or through your travel agent. A contract comes into existence on the date shown on your confirmation letter or email. If you have any queries regarding these Conditions or do not understand them, please contact us before proceeding with your booking.

2.) Prices and Validity

To reserve a spot on a specified retreat, a non-refundable booking fee is required at the time of booking. Once a confirmation email has been sent, a courtesy hold requires payment within three (3) working days to secure the reservation. The full payment (balance) must be made at least 30 days before the retreat or training start date.

The retreat price does not include airfare (unless otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities, additional meals, laundry, beverages, medical expenses, optional activities, or personal items.

3.) Your Trip and Assumption of Risk

5th Element Wellness operates retreats in regions where accommodation, transport, safety, hygiene, medical facilities, and infrastructure may differ from what you are accustomed to. By booking with us, you acknowledge that participation in our retreats involves inherent risks that may not be present in conventional holidays. These risks include, but are not limited to, injury, illness, psychological trauma, loss or damage to property, inconvenience, and discomfort.

When assessing whether trips will operate, 5th Element Wellness consults local sources and follows advice from the Australian Department of Foreign Affairs and Trade (DFAT). It is your responsibility to familiarise yourself with the travel advice from DFAT and any relevant authorities in your country of residence before booking. By booking, you acknowledge that your decision to travel is based on due consideration of available travel information.

4.) Exclusion of Liability

Except where stated otherwise, 5th Element Wellness acts as an agent for third-party service providers. While we exercise due care in selecting providers, we are not responsible for their acts or omissions, including those of tour guides, airlines, and accommodation providers.

You agree that Optional Extras (any activity, transportation, meal, or other service not expressly included in the retreat itinerary or price) do not form part of your retreat package. Any assistance provided by 5th Element Wellness in arranging these extras is purely at your request, and we accept no liability for any issues arising from them.

5th Element Wellness does not accept liability for any loss, damage, injury, or death, however caused, arising from participation in our retreats. To the fullest extent permitted by law, you agree to release and indemnify 5th Element Wellness and its representatives from all costs, liability, and damages incurred in connection with your trip.

5.) Suppliers

Accommodation, transport, and other services are provided by third-party suppliers. While we endeavour to work with reputable providers, their terms and conditions apply, and their liability may be limited. 5th Element Wellness is not responsible for the actions of these suppliers.

6.) Cancellation & Postponement

a.) Cancellation by 5th Element Wellness
We reserve the right to cancel or postpone a retreat for any reason. In the event of cancellation or postponement due to Force Majeure (e.g. pandemics, war, civil unrest, natural disasters), we will offer alternative arrangements. If you do not accept an alternative, you may be entitled to a refund, minus any unrecoverable costs. We will not be liable for additional costs incurred by you due to cancellation.

b.) Cancellation by You
Cancellations must be submitted in writing. All payments are non-refundable. Due to the small group nature of our retreats, cancellations forfeit 100% of the total cost. No refunds are given for unused services or if you leave a retreat early. Please ensure your travel insurance covers cancellations.

7.) Booking Amendments

  • Transfers to another retreat (if available) made 30+ days before departure incur a $50 per person transfer fee.
  • Amendments to additional arrangements (e.g. pre/post-retreat accommodation, transfers) made within 30 days of departure incur a $50 administration fee per change.
  • No amendments are permitted within 30 days of departure.

8.) Late Bookings

Bookings made within 30 days of departure require full payment upfront. If we cannot confirm your place, a full refund will be issued. We are not responsible for additional costs incurred due to late bookings.

9.) Changes to Your Retreat

Flexibility is essential. Changes to itinerary, accommodation, or transport may occur due to Force Majeure, weather, road conditions, vehicle breakdowns, or local circumstances. No refunds or compensation are provided for delays or alterations beyond our control.

10.) Authority of the Leader

The decision of the 5th Element Wellness leader is final on matters affecting safety and group well-being. If you fail to comply with their decisions or disrupt the experience for others, we reserve the right to remove you from the retreat without a refund.

11.) Complaints

Any complaints should be raised with the retreat leader immediately. If unresolved, submit your complaint in writing within 30 days of your retreat’s conclusion.

12.) Travel Insurance

Comprehensive travel insurance is compulsory and must cover medical emergencies, repatriation, cancellation, lost luggage, and personal liability. Proof of insurance may be required. Failure to provide it may result in removal from the retreat without a refund.

13.) Passport & Visas

You are responsible for ensuring your passport is valid for at least six (6) months beyond the retreat’s end date and that you have the necessary visas.

14.) Health, Fitness & Age Limits

You must disclose any pre-existing medical conditions that may affect your participation. Our retreats are generally not suitable for travelers under 18, but exceptions may be granted with approval.

15.) Severability

If any provision of these terms is found to be invalid, the remaining provisions remain enforceable.

16.) Refusal of Service

We reserve the right to refuse service to any client at our discretion.

17.) Publicity

By attending our retreats, you consent to photographs and videos of you being used for promotional purposes without compensation.

18.) Privacy

We collect personal information to provide services and may share it with our providers when necessary. Your data will not be used for any other purpose without consent. Refer to our Privacy Policy at https://5ew.com.au for details.

19.) Governing Law

This contract is governed by the laws of Victoria, Australia, and any disputes will be subject to its courts.

20.) Updating of Terms and Conditions

5th Element Wellness reserves the right to update these terms at any time. The latest version is available at https://5ew.com.au and supersedes all previous versions.

For queries, please contact +61 9 486 8600.