Terms of Service

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Last updated on September 8th, 2023

Welcome!

Heart Phangan Co., Ltd is a Thailand-based production company and an online booking platform that organizes and curates wellness experiences, retreats, and events on the paradise island of Koh Phangan. The experiences offered on our website are produced by our team. We partner with artists, venues, and facilitators that we love and admire to co-create journeys of awakening.

By visiting our website and/ or by listing, booking, or participating in a wellness event or retreat (a “Retreat”) offered by Heart Phangan Co., Ltd. (“Heart Phangan”), you (“you”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

Please review all terms and conditions listed below:

1. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Your Retreat Contract & Package

Your booking is confirmed and a contract exists when Heart Phangan issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to Heart Phangan immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking and on the first day of the retreat.

3. Personal Information

Your submission of personal information through the site is governed by our Privacy Policy.

4. Retreat Package Exclusions

Retreat packages do NOT include the following:

  • International or domestic airfare;
  • Optional extras and activities (any meals, activities, or tours not listed in the retreat package inclusions)
  • Entry visa to Retreat destination;
  • Passport (must be valid for 6 months after departure date)
  • Mandatory insurance (as stated in section 5 below)
  • Transfers outside of the group shuttle
  • Personal expenses
  • Negative COVID test Result for Entry/Exit of your home country or destination (if required).

5. Health, Safety, And Mandatory Insurance Requirements

To ensure the safety of all Retreat participants, if your country of residence is outside of Thailand, then a travel insurance is required.

Proof of insurance is required within 1 week before the Retreat start date.

You may purchase a travel insurance or activate it through the benefits of your credit card with a minimum medical, evacuation, and repatriation coverage of $200,000 USD, covering personal injury and emergency medical expenses including coverage in the case you contract COVID, during all applicable dates of travel.

You are strongly recommended to extend your coverage to include CANCEL FOR ANY REASON that covers cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay, or inconvenience while traveling.

It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s), and activities included in your booking so that the insurer may provide appropriate coverage.

In the event you are ill and cannot attend your retreat, or for any other reason that you can’t attend, you will need to submit a claim to your trip insurance company for reimbursement (reimbursement subject to the approval/terms of your specific policy). There are no refunds from Heart Phangan on your final retreat payment. Heart Phangan is not a trip insurance provider and is not responsible for the specific terms of your policy. Insurance reimbursement for a Retreat is not within Heart Phangan’s control and this information does not constitute insurance advice. Please consult an insurance professional and understand your policy coverage limits so there are no surprises for you.

6. Prices & Surcharges

  • Prices for our Retreats and events are subject to change without notice.
  • Heart Phangan will not increase the price of your Retreat after you have paid your deposit.
  • Retreat prices may vary at any time in accordance with demand, teacher fees and offerings, market conditions, and availability.
  • Heart Phangan may offer discounted pricing on occasional promotional campaigns on retreat packages.
  • Discounted pricing applies to early bird, and new bookings, and may not be combined.
  • If a booking has already been made, Heart Phangan is not entitled to discount pricing.

7. Currency, Deposit & Final Payment

  • Retreats may be priced in USD, EUR, or THB as listed on the Retreat booking page, but the currency charged on our payment processing is in EUR.
  • A deposit is required to confirm your Retreat booking and is non-refundable.
  • Final payment of your balance is due 60 days before the Retreat start date unless otherwise noted.
  • Failure to make payment by the applicable due date may forfeit your booking on the retreat and be treated as a cancellation.
  • If a booking is made less than 60 days before the Retreat start date, the full amount must be paid at the time of booking.
  • If, for any Retreat booked, payment terms differ from those outlined in this section, the applicable terms will be communicated on the Retreat page.
  • Heart Phangan is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Heart Phangan.

8. Cancellation By Retreat Guest

You may cancel your booking by notifying Heart Phangan by email at hello [@] heartphangan.com. The following cancellation penalties will apply:

  • Initial deposits are non-refundable.
  • If you cancel your participation 90 days before the Retreat start date, you will be reimbursed the amount you paid in addition to the initial deposit.
  • If you cancel your participation 60 days before the Retreat start date, you will be reimbursed 50% of the amount you paid in addition to the initial deposit.
  • If you cancel your participation 30 days or less before the Retreat start date, you will receive no reimbursement unless you find a replacement participant for your spot.
  • If you choose to join the Retreat after the start date or leave the Retreat prior to the end date, full payment of the Retreat price will apply.

9. Cancellation By Heart Phangan

Heart Phangan may cancel or postpone a Retreat for any reason up to 60 days before the Retreat start date. If the Retreat is cancelled, Heart Phangan will refund 100% of the Retreat package price including the deposit.

In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visas, vaccinations, unfavorable exchange rate fluctuations, travel insurance excess, or non-refundable flights.

Heart Phangan shall not be liable or responsible to you for any failure or delay in fulfilling its services, when and to the extent such failure or delay is caused by or results from acts beyond Heart Phangan reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”):

  • (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency characterized by an applicable government authority; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) other events beyond the reasonable control of the Company.

In circumstances where the cancellation is due to external events, Heart Phangan will reschedule the Retreat to a future date and provide you written notice of the same. If the retreat is postponed, your deposit and any payments will be transferred to the new dates. If you are unable to attend the new dates and wish to cancel, you will be entitled to a refund less the deposit amount.

Heart Phangan shall not be liable for any loss or damage suffered by you, including but not limited to the loss of the Deposit and/or Full Payment, as a result of a Force Majeure Event and/or the cancellation of a Retreat or Activity due to a Force Majeure Event.

Heart Phangan is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment.

Changes & Unused Services

You acknowledge that the nature of the Retreats requires flexibility and acknowledge that you will permit reasonable changes to the Retreat, services, or itineraries by Heart Phangan. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Heart Phangan (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties).

No reimbursements, discounts or refunds will be issued for services that are missed or unused after the Retreat start date due to no fault of Heart Phangan, including your removal from a Retreat because of your negligence or breach of these Terms. This includes meals, hotel accommodations, retreat sessions, workshops, excursions, transportation, and any other package inclusions as listed on the Retreat listing page.

11. Acceptance Of Risk

You acknowledge that the activities and inclusions offered on the Retreat by Heart Phangan may involve a degree of risk to your health and safety. By booking and traveling with Heart Phangan you acknowledge that you have considered any potential risks to health and safety.

You hereby assume responsibility for all such risks and release Heart Phangan from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including visiting foreign destinations, and participating in activities such as those included in Retreat itineraries or otherwise offered by Heart Phangan. To participate in a Retreat, Heart Phangan requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your Retreat.

You agree that Heart Phangan is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Retreat is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on the Retreat or, if in the opinion of Heart Phangan (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Heart Phangan may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Heart Phangan. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement, and cleaning fees) incurred by the Heart Phangan or their suppliers for property damage, destruction or theft caused by you while on a Retreat. You agree to immediately report any pre-existing damage to a representative of Heart Phangan and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on the Retreat including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Heart Phangan nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to Heart Phangan as soon as possible in order to provide Heart Phangan the opportunity to properly address such complaint. You agree to inform your retreat host directly. Heart Phangan assumes no liability for complaints that are not properly brought to the attention of Heart Phangan and cannot resolve or attempt to resolve complaints until proper notice is provided.

12. Third Party Suppliers & Retreat Facilitators

Heart Phangan makes arrangements with artists, event venues, healing centers, accommodation providers, group facilitators, wellness practitioners, coach companies, transfer operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your Retreat. Third Party Suppliers may also engage the services of local operators and sub-contractors. Heart Phangan cannot be responsible for their acts or omissions.

Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier.

You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Heart Phangan does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. In the event, the artist, retreat facilitator, or wellness provider(s) is unable to attend the Retreat and perform their duties, Heart Phangan has the right to replace these characters. Heart Phangan is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party.

13. Liability

You acknowledge and agree that Heart Phangan and their respective employees, teachers, volunteers, affiliates, officers, directors, successors, sponsors, booking agents, partners, representatives, and assigns (collectively, “Heart Phangan Parties”) shall not be held liable for any direct, indirect, consequential or incidental damage, liability, injury, loss, cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of or by reason of (i) the acts or omissions of any Third Party Operator or (ii) the negligence of any of the Heart Phangan Parties or (iii) any acts or omissions of any other parties or (iv) force majeure events.​

You, and on your behalf your executors, administrators, heirs, administrators, heirs, successors, and assigns release Heart Phangan Parties from any and all claims, liabilities, losses, expenses, damages, demands, actions, causes of action, lawsuits or sums of money of any kind arising out of, by reason of, resulting from and/or related to any Retreat you may book and/or participate in; and you understand and acknowledge that you are fully responsible for and expressly assume any and all risks, whether known or unknown, in connection therewith.

14. Photo, Video & Marketing

You agree that, while participating in any Retreat, images, photos or videos may be taken by other participants, Heart Phangan or its representatives that may contain or feature you. You consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to Heart Phangan, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

15. Privacy Policy

Any personal information that is collected by Heart Phangan about you may be used for any purpose associated with the operation of a Retreat or to send you marketing material in relation to our Retreats and special offers. The information may be disclosed to our agents, service providers, or other suppliers to enable us to operate the Retreat. Click to view our full Privacy Policy.

16. COVID Policy

You are fully aware of the global COVID-19 virus outbreak and inherent risks involved when choosing to travel. You are aware that it is your personal decision to travel and in doing so with full knowledge of travel recommendations, restrictions, regulations, and risks with regards to COVID-19, as well as the possibility of future travel restrictions, and take full responsibility for your actions with regards to traveling.

In consideration of the retreat services and wellness experiences provided to you and with full knowledge and acceptance of the risks associated with travel, You, and on your behalf your executors, administrators, heirs, administrators, heirs, successors, and assigns hereby releases, indemnifies, holds harmless and covenants not to sue Heart Phangan, its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with your travel. You make these covenants, release and waivers knowingly and voluntarily.

You understand and confirm that Heart Phangan has provided you with the best available information at the time regarding travel precautions, travel restrictions, and pandemic protection policies provided by governmental agencies of any location that you are traveling to or through, as well as provided by all travel suppliers, including but not limited to: airports, airlines, hotels, cruises lines, tour agencies, transfer agencies and/or any other provider involved in your booking. However, you understand and agree that government agencies and Suppliers may not enforce or apply these travel precautions, travel restrictions, and pandemic protection policies and that some travelers may refuse to cooperate with these travel precautions, travel restrictions, and pandemic protection policies. Additionally, you understand and agree that the COVID-19 pandemic is a changing situation and that all travel precautions, travel restrictions, and pandemic protection policies are subject to change at any time and without notice. You also understand and agree that any and all information provided by Heart Phangan is made available solely for general information purposes. Heart Phangan does not warrant the accuracy, completeness, or usefulness of this information. Heart Phangan disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that you place on such information is strictly at your own risk. You understand that it is your responsibility to check the latest travel information regarding the COVID-19 outbreak with the CDC (https://wwwnc.cdc.gov/travel/notices) or any authority of the destination you are travelling from, the governmental agencies of any location that you are traveling to or through, and with all Travel Suppliers, including but not limited to: airports, airlines, hotels, cruises lines, tour agencies, transfer agencies and/or any other provider involved in your booking.

You are aware of the specific travel warnings, travel restrictions, and travel rules in place for all locations in their travel itinerary, as well as the fact that travel warnings, restrictions, and rules are in place around the world. You are also aware that future travel warnings, travel restrictions, and travel rules are likely to occur without notice. You understand and accept the risks and consequences of these travel warnings, restrictions, and rules. You are also aware that immigration and traveling restrictions may be put in place before, during, or after traveling that may impede the ability to enter or exit travel locations or return home as planned. YOU HEREBY RELEASES, WAIVES, DISCHARGE AND AGREE NOT TO SUE Heart Phangan for consequences of these travel warnings, restrictions and rules, failure to enforce travel warnings, restrictions and rules, as well as travel warnings, restrictions and rules changing without notice.

You are aware that additional travel screening procedures and restrictions may take place at various travel locations, including but not limited to: airports, airlines, hotels, cruises lines, trains, other methods of transport, tour agencies, transfer agencies, any provider involved in your booking, and/or public areas. You are aware that these restrictions may include mandatory face coverings, quarantines, temperature checks, and/or various other measures. You acknowledge and agree that, due to the nature of travel, social distancing measures, quarantine measures, pandemic prevention measures, health precautions, and/or the usage of face masks may not always be possible. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Heart Phangan for consequences of these travel procedures and restrictions, failure to enforce travel procedures and/or restrictions, as well as travel procedures and restrictions changing without notice.

YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Heart Phangan for all consequences of traveling related to COVID-19, including but not limited to: travel warnings, travel restrictions, travel rules, illness, death, property damage, financial loss, costs, penalties, fees, fines, cancellations, postponements, quarantines, health regulations and/or screenings, regardless of whether these consequences are imposed by governmental agencies of the locations to which You are traveling to and through and/or Travel Suppliers, including but not limited to: airlines, airports, hotels, cruises lines, tour agencies, transfer agencies, and/or any other provider involved in your booking. You further agree not to institute a credit card dispute or “charge back” to Heart Phangans for any of these reasons.

Additionally, you agree to follow the COVID-19 health and safety measures listed in these terms.

17. Updates On Terms & Conditions

Heart Phangan reserves the right to update and/or alter these Terms of Service at any time.

18. Governing Law

These Terms of Services shall be governed by the laws of the country in which the Retreat is based.

19. Contact Information

Questions about the Terms of Service should be sent to us at our Contact page.

Your source to book conscious experiences, retreats, and journeys of awakening during your stay on the island of Koh Phangan, Thailand.

We respect and honor Thailand’s culture and Koh Phangan islander elder’s past, present, and future. We acknowledge the stories, traditions, and living cultures of the Thai islander people on this land and commit to building a brighter future together. 

Copyright © 2023 Heart Phangan Co., Ltd
Made with in Koh Phangan

 

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