Terms of Use
Last modified: June 23, 2024
Welcome to the Utopia Guesthouse & Yoga Studio website ("we," "us," or "our"). By accessing or using our website located at www.utopiaelcuyo.com and any other websites we own and operate (collectively, the "Sites"), you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully before using our Sites and services ("Services"). If you do not agree with any part of these Terms of Use, please do not access or use our Sites or Services.
1. Acceptance of Terms By using our Sites, you agree to follow and be bound by these Terms of Use and agree to comply with all applicable laws and regulations. If you do not agree to these terms, you may not use our Sites.
2. Changes to Terms We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes.
3. Privacy Policy Your use of our Sites is also governed by our Privacy Policy, which can be found at www.utopiaelcuyo.com/privacy. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.
4. Use of the Sites You agree to use our Sites and Services only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others, or otherwise cause damage to the Sites or their content. You agree not to use the Sites in any manner that might interfere with the rights of third parties.
5. Intellectual Property All content on the Sites, including but not limited to text, graphics, logos, images, and software, is the property of Utopia Guesthouse & Yoga Studio or its content suppliers and is protected by copyright, trademark, and other laws. Unauthorized use of any content may violate these laws.
6. Disclaimers and Limitation of Liability The Sites and their content are provided on an "as-is" basis. We make no representations or warranties of any kind, express or implied, regarding the content or availability of the Sites. Utopia Guesthouse & Yoga Studio will not be liable for any damages of any kind arising from the use of the Sites or the Services.
7. Links to Third-Party Websites Our Sites may contain links to third-party websites. These links are provided for your convenience only. We do not endorse or make any representations about these third-party websites, and we are not responsible for their content or accuracy. Your use of third-party websites is at your own risk.
8. Termination We reserve the right to terminate your access to the Sites and the Services at any time, without notice, for any reason, including any violation of these Terms of Use.
9. Governing Law These Terms of Use are governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Your Country/State] for any disputes arising out of or relating to your use of the Sites or Services.
10. Contact Information If you have any questions about these Terms of Use, please contact us at info@utopiaelcuyo.com
By using our Sites and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
Thank you for visiting Utopia Guesthouse & Yoga Studio.
OUR LIMITS ON LIABILITY: RETREATS, DURING USE OF THE SITE, OTHER SERVICES
Utopia Guesthouse & Yoga Studio disclaims liability arising out of use of the Sites, attendance at a yoga retreat, or any other Utopia Guesthouse & Yoga Studio affiliated reservation, service or activity. In no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of income, lost booking fees, goodwill, use, data, or travel interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the Site or the services (including Your attendance at one of our yoga retreats or a stay at our guesthouse), regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and any third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our Sites.
Without limiting the foregoing, we do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Sites and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. While we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that the information on the Sites itself will be free from errors or omissions. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.
Access to the Sites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. All content and services on the Sites are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty, and hereby disclaim all express or implied warranties, in respect of the Sites or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Sites, including without limitation the implied warranties of non-infringement, merchantability, data accuracy, fitness for a particular purpose and quiet enjoyment. Any decisions or action taken by You on the basis of information provided on or via the Sites are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
GUEST CONDUCT
We reserve the right to remove guests who do not comply with the proper registration, security procedures or requirements of attendee conduct outlined below at any point during a stay without a refund.
Utopia Guesthouse & Yoga Studio reserves the right to remove anyone who disobeys any requirements, procedures, policies or regulations of a yoga retreat.
You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.
You may not advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person. You may not post or distribute any material that infringes and/or violates any right of a third party or any law or post or distribute any vulgar, obscene, discourteous, or indecent language or images.
If we deem any online, social networking, or other media reference post, article, photo or video regarding a stay on our property inappropriate, the offender is required to take down the material immediately upon our request for removal. If the posting is made during a yoga retreat, this may be grounds for dismissal from the retreat, removal and preclusion from the Sites and future involvement in Utopia Guesthouse & Yoga Studio.
Without limitation of the foregoing, Utopia Guesthouse & Yoga Studio may, in its sole and absolute discretion, remove You or any other attendee from the premises, without explanation, either before or during a stay, if such attendee engages in any unlawful, unauthorized, prohibited, improper, or unethical activities, or any other acts or omissions that we deem worthy of Your removal from the property.
ACKNOWLEDGMENT OF RISKS AND ASSUMPTION OF RESPONSIBILITY
Although Utopia Guesthouse & Yoga Studio has taken reasonable steps to ensure safety, You acknowledge that activities You agree to take part in have risks, including certain risks which cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of the activities can cause loss or damage to You including accidental injury, illness or in extreme cases, permanent trauma, disability or death and also can cause damage to or loss of property.
Activities may vary from trip to trip and may include but are not limited to: yoga, swimming, snorkeling, surfing, hiking, boating, using zip-wires and rope swings, kayaking and being physically active in a variety natural environments with a wide range of surface and atmospheric conditions as well as wildlife.
Utopia Guesthouse & Yoga Studio can involve travel to remote places, oftentimes many hours from medical facilities. Transportation, evacuations and medical care can be significantly delayed; communication can be delayed, limited or not available. Environmental risks and hazards include rapidly moving, deep or cold water; insects, snakes and predators, including large animals; falling and rolling rock; lightning, flash floods and unpredictable forces of nature, including weather which may change to extreme conditions without warning. Possible injuries and illnesses include hypothermia, frostbite, high altitude illnesses, sunburn, heatstroke, dehydration and other mild or serious conditions.
Throughout the trip, participants are responsible for their own safety.
With your booking of a stay at our guesthouse or a retreat onsite You acknowledge and understand that Utopia Guesthouse & Yoga Studio activities include risks of injury or death to participants. You understand the description above of these risks is not complete and that other unknown or unanticipated risks may result in property loss, injury or death. You agree to assume responsibility for the inherent risks identified herein and those inherent risks not specifically identified. You acknowledge that participation in activities is purely voluntary, no one is forcing participation and participation is elected with full knowledge of the inherent risks. You therefore assume and accept full responsibility for any injury, death, loss of personal property, and expenses suffered as a result of those inherent risks and dangers identified above, and those inherent risks and dangers not specifically identified and as a result of my negligence in participating in this activity.
RELEASE AND WAIVER OF LIABILITY
By booking with Utopia Guesthouse & Yoga Studio You represent that You have no physical conditions or medical precautions which would adversely affect my ability to take part in the yoga program or other physical or cultural activities offered by Utopia Guesthouse & Yoga Studio. You fully understand that Your participation in the stay, retreat or other activities could be injurious to your health and you voluntarily assume all risks related to such activities.
By agreeing to the terms outlined here and elsewhere on the Utopia Guesthouse & Yoga Studio website You hereby release and discharge Your rights and claims for damages or liabilities that may occur as a result of participation in a Utopia Guesthouse & Yoga Studio stay or retreat, including but not limited to damages as a result of unexpected occurrences including those from weather, local political situations, wildlife or uncontrollable acts of God, including the risk of death. You release Utopia Guesthouse & Yoga Studio including its owners, directors, employees, guides, teachers and partners from liability for personal injury, illness, emotional damage, incurred travel expenses or property damage You may incur as a result of participation on a retreat or a stay with us.
Utopia Guesthouse & Yoga Studio is not responsible for any items that may be lost during your time with us. Please do not bring or leave valuables in our facilities. We are not responsible for any theft or loss of personal property, including jewelry or any other personal item, even if left in the locked closets available for your use.
For the benefit of everyone on Your trip, Utopia Guesthouse & Yoga Studio reserves the right to accept or reject any participant at any time without liability, and in the event it determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the retreat, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the guesthouse. Utopia Guesthouse & Yoga Studio will carry no responsibility or liability for any participant who leaves the reservation prior to its conclusion or for any activity undertaken by any participant which is not included on the trip itinerary.
CHANGES TO THESE TERMS OF USE
We reserve the right to amend these Terms of Use at any time. All such changes will take effect once they have been posted on the Sites and You will be deemed to have accepted any such changes by Your use of the Sites after such time.
To contact Utopia Guesthouse & Yoga Studio, please email us at info@utopiaelcuyo.com.