Your booking is with the provider of the services, offered on this Website (the “Service Provider”), and these general terms and conditions are entered into between you and the Service Provider. These terms and conditions only apply to bookings made on vayucostarica.com (the “Website”).

 

Vayu Retreat Villas operates this Website which acts as an interface between you and the various Service Providers offering the services on this Website. When you make a booking for a service using this Website, you will be entering into a contract with the relevant Service Provider for that service.

These terms and conditions can be changed by us and the Service Provider terms and conditions can be changed by the Service Provider at any time without prior notice, although such changes will not apply to bookings that have already been accepted by us on behalf of the Service Providers concerned. It is therefore essential that you read, save and/or print a copy of these terms and conditions at the time the booking is placed, in order to be aware of the provisions in force.

 

I. BOOKING

1. On completing a booking you are bound by your booking request (contractual offer) for a maximum of 24 hours. If we, or the respective Service Provider, have not confirmed the booking within 24 hours, you are no longer bound by your booking request.
2. These terms and conditions apply to the offering and providing of services via this Website and shall incorporate any applicable Service Provider terms and conditions which are made available to you before any booking is completed and which you accept at the moment that a booking is actually placed. It is your responsibility to familiarise yourself with these terms and conditions and the applicable Service Provider terms and conditions.
3. You must be at least 18 years old, be legally authorised to enter into contractual obligations at the time of booking, and have the requisite consent or authority to act for or on behalf of any persons included in a booking.
4. You must also ensure and hereby confirm that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these terms and conditions and that you have the authority to accept and do accept these terms and conditions on behalf of all parties in the booking.
5. You are responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.
6. You agree to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances.
7. You are responsible for your activities on this Website (financially or otherwise), including the possible use of your user name and password. You guarantee that the information entered by you on this Website in relation to you and, if applicable, your travelling companions is accurate.
8. Any use of this Website that is fraudulent or is in conflict with these terms and conditions shall be reason for refusing you access to the services or to the other functionalities of this Website.

II. TRAVEL DESTINATIONS

1. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We advise you to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Travel Advice Unit and displayed on their website.
2. By offering services in a particular international destination, we do not represent or warrant that travel to such destinations is advisable or without risk, and we are not liable for damages or losses that may occur from travel to such destinations.

III. PHOTOGRAPHS AND ILLUSTRATIONS

We do our utmost to provide photographs and illustrations that give you a depiction of the services offered. The purpose of these photographs and illustrations is to show you the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.

 

IV. INSURANCE

The prices on this Website do not include travel insurance. You are advised to take out insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is your responsibility to ensure any insurance policy taken out is adequate to cover your requirements.

 

V. CHECK-IN AND CHECK-OUT

Please take note, that check-in time is usually at 3:00 p.m. and check-out time is no later than 12:00 p.m.

 

VI. LIMITATION OF LIABILITY

1. You accept that where we act as an interface between you and a Service Provider, we will under no circumstances be held liable with respect to services you have booked with a Service Provider (tour, excursion or any other services). We are not liable if, and insofar, as you are able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.
2. Except as expressly set out in these terms and conditions, all the information contained on this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, you agree that we will not be liable for any direct, indirect or consequential loss arising from the use of this Website, any delay or inability to use this Website, or from your use of links from this Website. The exclusions and limitations contained in this article apply only to the extent permitted by law and nothing in these terms and conditions limit our liability for death or personal injury caused by our negligence or for fraud.

VII. PRICES

The price of the services will be as quoted on this Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. We may in some cases levy a booking fee in relation to some transactions made on your behalf. You will be notified of all applicable charges at the time of booking. Despite our best efforts, some of the services listed on this Website may be incorrectly priced. We expressly reserve the right to correct any pricing errors on this Website and/or on bookings made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your booking at the correct price or we will cancel your booking without penalty. We are under no obligation to provide services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.

 

VIII. PAYMENT

1. You are responsible for paying all amounts for the services that you book on this Website.
2. You shall provide the details of your payment card, we may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Service Provider) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card).
3. Some banks and credit card companies impose fees for international or cross border transactions. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
4. The local authorities in certain countries may impose additional taxes (tourist tax, etc.), which generally have to be paid locally. You are exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate.

IX. REBOOKINGS, CANCELLATIONS

1. Changing or cancelling booked and confirmed services is subject to the terms and conditions of the respective Service Providers, including any costs for such change or cancellation.
2. In the event of cancellation or partial cancellation of a booking by you, charges may be imposed. 
3.  You may cancel your reservation up to the specified dates below prior to your arrival without a penalty. If you cancel within that period prior to arrival, ‘no-show’ charges may apply. If you’ve paid in full and must cancel or adjust your reservation, you will receive a Hotel Non Refundable Credit. You must use your Hotel Credit within 1 year of your original stay date.
   

   • Green Season Reservations (May – October) – 15 days prior to check-in

   • High Season Reservations (November – April) – 15 days prior to check-in

   • Holiday Season Reservations (December 22 – January 3) – 75 days prior to check-in

4. We (and the applicable Service Provider) reserve the right to cancel your booking if full payment or deposit for the booking, or any applicable cancellation fee relating to a booking is not received.
5. It is possible that, from time to time, for various reasons (for example we are overbooked due to connectivity issues with the property or the property is closed due to a hurricane) a booking is cancelled or amended by us. Should such events occur, we will make all reasonable efforts to notify you of this as soon as possible and where possible will offer alternative accommodation. If this offer is not taken by you, we will ensure that all monies paid in respect of the booking are refunded. If appropriate, for example where a technical issue on the part of us has caused a booking to be cancelled or amended and such cancellation or amendment directly causes loss to you, we will also pay reasonable compensation to you.
6. In the event of a refund to you, the relevant amounts will be transferred back by the party that took the original payment (such as us or the Service Provider such as may appear on your credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement.

X. PASSPORT, VISA, CURRENCY OR HEALTH REQUIREMENTS

Please inform yourself about passport, visa, currency or health requirements for your travel destination; look to our FAQ page for more information on visa requirements to Costa Rica.

X.1. Breath work: Breath work is not for everyone – Breath work practice may stimulate emotional and physical responses. If you are healthy breath work is completely safe. You are always in control of your experience – listen to your body, push when you can and go easy when you need it.

If you have experienced or are at risk for any of the following, we recommend consulting a doctor prior to practice: 

• Cardiovascular Disease: heart attack, angina, high blood pressure, carotid stenosis 
• Eye:  detached retina, glaucoma 
• Nervous System: seizures, epilepsy 
• Cerebrovascular Disease: Stroke, aneurysm, carotid stenosis, AVM, 
• Respiratory: Asthma, COPD 
• Mental Health: Acute anxiety, dissociative or amnesiac disorders, severe mental illness 

XI. WARRANTIES ON YOUR PART; LIABILITY

1. You agree that you are liable for any use of this website by you and for the use of your account by others, in particular by minors (under 18 years) living within your household.
2. You agree to monitor any use of this website by minors acting in your name and for your account. You furthermore warrant that all information provided by you or members of your household when using this website is correct and complete.
3. Any speculative or incorrect booking, any booking made with deceitful intent or any booking made in the expectation of a rise in demand is forbidden without restriction. The possibility to book travel on this website may only be used for lawful bookings for you or for any other person in whose name you may lawfully act.

XII. CUSTOMER COMPLAINTS

1. Any complaints about your booking, including loss of, theft of or damage to luggage, clothing or personal belongings that were not under your control during the stay should be addressed to the Service Provider.
2. The Costa Rican Tourism Board link is available here.

XIII. USE OF THE WEBSITE

The use of this Website by you is granted on condition of your consent to the following provisions and if you do not agree to these provisions, then you are not entitled to use this Website:

1. this Website is intended for your personal and non-commercial use; and you may not alter, copy, market, transfer, exhibit, demonstrate, multiply, publish, license, create derived works or assign or sell information, software, products or services that you obtain via this Website; and
2. you may not use this Website and the services in breach of any applicable law or these terms and conditions.

XIV. LINKS TO THIRD PARTY WEBSITES

Hyperlinks on this Website are only provided to you as information. We are not responsible for their content. The incorporation of hyperlinks to any other website implies neither an approval of the material on such website nor any connection with the operator of such website.

 

XV. GENERAL

1. These terms and conditions are governed by Costa Rican law. You agree that the Court of Costa Rica shall have jurisdiction to hear and determine any dispute (including non-contractual disputes or claims) arising from the interpretation of these terms.
2. If we do not invoke one of the provisions of the terms and conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
3. If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with you and the validity and enforceability of the other provisions shall not be affected.
4. These terms and conditions shall form the entire agreement between us and you relating to the services and, without affecting any of our remedies (or your liability) for any misrepresentation by you, these terms and conditions replace and supersede any previous proposals, correspondence, understandings or other communications, whether written or oral.
5. Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these terms and conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
6. In the event of a global pandemic, such as SARS co-v2, we will take all reasonable efforts to maintain a safe environment for both our guests and staff and follow public and governmental guidelines. In the event of a global pandemic that causes the forced closure of the hotel or cancelation of flights, reservations will be rebooked and a non-refundable hotel voucher will be issued for 24 months from date with which hotel reopens.