Booking Terms

Thank you for choosing a DIVIA retreat. We want your booking to be simple and clear, so these terms set out how bookings, payments and your participation work. Please take a moment to read them before you book.

diviaretreats.com is operated by Divia Creations LLC (Wyoming, USA) (the "Agent"). Retreat programs are designed and offered by Morton & Partners Investments S.A. (Panama) (the "Principal"). The Agent acts as the Principal's booking and payment collection agent. Accommodation, activities, treatments, excursions and all other on-site services are provided by third-party Providers, not by the Principal or the Agent.

1. Definitions. In these Retreat Participation Terms (the "Terms"): "Principal" means Morton & Partners Investments S.A., a corporation organized under the laws of the Republic of Panama, which designs and offers the Programs; "Agent" means Divia Creations LLC, a limited liability company organized under the laws of the State of Wyoming, USA, which operates diviaretreats.com (the "Site"), markets the Programs and acts as the Principal's booking and payment collection agent; "Program" means a wellness and recreational retreat program consisting of sessions, workshops and activities at a venue, as described on the relevant Program page or in a written proposal; "Provider" means any person or entity other than the Principal and the Agent that provides services at or in connection with a Program, including venues and property owners, practitioners, therapists, instructors, and treatment and activity operators; "Host" means the person who welcomes Participants and coordinates the Program on site; "Participant", "you" and "your" mean each person who books or takes part in a Program; "Booking" means any booking request, reservation or confirmed place in a Program; and "Released Parties" means the Principal, the Agent and their respective shareholders, members, managers, directors, officers, employees, agents, Hosts, volunteers, practitioners, partners and affiliates.

2. Acceptance. By ticking the acceptance box and submitting a booking request, paying any deposit or other amount, or taking part in a Program, you confirm that you have read, understood and accepted these Terms, the Cancellation Policy, the Wellness Disclaimer and the Privacy Policy, as published at the time of your Booking, and that you are authorized to make the Booking. Each Participant must also complete the Pre-Arrival Guest Form before arrival. The date, time, IP address and version of the terms accepted are recorded with each Booking. These Terms apply to every Booking, whether made through the Site, by email or by any other means, unless a written proposal expressly provides otherwise.

3. Role of the Agent; contracting party. The Agent acts solely as the Principal's agent for booking administration and payment collection. The Agent is not a party to the participation contract, which is concluded between you and the Principal, does not provide any Program or Provider service, and has no obligation or liability to the Participant under that contract. Any payment made to the Agent in respect of a Booking is received on behalf of the Principal and discharges your corresponding payment obligation to the Principal. To the extent permitted by law, all claims arising from a Booking or a Program are to be brought against the Principal only. The Agent's responsibility is limited exclusively to the proper performance of its own booking, invoicing and payment collection functions; in the event of an error by the Agent in those functions, the Agent's sole obligation shall be to correct the error or to refund any amount charged in error. The Agent is a Released Party and a beneficiary of the release, the limitation of liability and the indemnity in these Terms.

4. Nature of the Programs. Each Program is a wellness and recreational program. The Principal is not a travel agency, tour operator or package organizer. Flights, transfers, transportation, visas and travel arrangements of any kind are not part of any Program and are the sole responsibility of the Participant. Where the Program page states that participation includes a stay at the venue for the Program dates, the stay forms part of the Program participation and is subject to the venue's house rules. Confirmations and receipts show "Program participation" and, where applicable, "Venue stay" as separate lines.

5. Third-party Providers. The Principal arranges access to the Program and to the services of third-party Providers. Neither the Principal nor the Agent owns, operates, manages, supervises or controls any Provider, venue, premises, facility, equipment or vehicle. When you use the services of a Provider, the Provider's own terms and conditions apply in addition to these Terms. On Program pages, the owner of a venue is described as the property owner, a separate legal entity. Neither the Principal nor the Agent shall be responsible for any act, error, omission, representation or default of any Provider, or for the condition, safety, maintenance, cleanliness or performance of any Provider's premises, facilities, equipment, utilities, amenities, staff or services.

6. Booking and confirmation. A booking request constitutes an offer by you to participate in a Program. No contract arises until the required payment has been received and a written booking confirmation has been issued by email. Upon confirmation, these Terms become binding and are deemed known and accepted by you, whether or not you have opened or read the confirmation.

7. Prices and payment. All prices are stated in US dollars. Unless a written proposal provides otherwise: (a) a deposit of thirty percent (30%) of the Program price is payable to confirm a Booking; (b) the balance is payable no later than fourteen (14) days before the first day of the Program; and (c) Bookings made within fourteen (14) days of the first day of the Program are payable in full at the time of Booking. Payment may be made by ACH transfer from a US bank account at no charge, by international bank transfer subject to a bank charge of US$25 borne by the sender, or by credit card through Stripe subject to a card processing fee of three percent (3%); no fee applies to debit cards. Your card or bank statement may show "Divia Creations LLC" or "Divia Retreats" as the payee. Payment deadlines refer to the receipt of the full amount in cleared funds. If full payment is not received by the due date, the Principal may treat the Booking as cancelled by you, and the Cancellation Policy shall apply. Confirmations and receipts are issued, and refunds are processed, by the Agent on behalf of the Principal. Written proposals for groups and companies are issued by the Agent on behalf of the Principal, which remains the contracting party.

8. Local charges and Participant costs. Depending on the Program and its location, additional local charges may apply, such as local or tourist taxes, environmental or access fees charged by accommodation providers, ferries, parks or other facilities. Such charges are not included in the Program price unless the Program page expressly states otherwise, and are paid by the Participant directly on site. The Participant's own travel, insurance and personal expenses are likewise the Participant's responsibility.

9. Cancellation and changes by you. Cancellations and changes must be made in writing to our email address and take effect on the date of receipt. Refunds, retentions and date changes are governed exclusively by the Cancellation Policy. You may transfer your Booking to another person before the start of the Program, provided that person accepts these Terms and completes the Pre-Arrival Guest Form.

10. Program changes; cancellation by the Principal; credit option. The Principal may substitute the venue, Host, practitioner or schedule with a comparable alternative where circumstances require, without liability; such changes do not entitle you to a refund. If the Principal cancels or materially changes a Program because of force majeure or circumstances beyond its reasonable control, it will offer, at its choice, (a) rescheduling to another Program date, (b) a credit valid for a maximum of twelve (12) months from the original Program date, or (c) a refund of the Program fee paid less non-recoverable costs, in each case to the extent permitted by law. If the Principal cancels a Program for any other reason, you may choose a transfer to another date or a refund of the amounts paid for the Program. These remedies are exclusive, and neither the Principal nor the Agent shall be liable for flights, accommodation outside the Program or any other costs you have incurred.

11. Force majeure. Neither the Principal nor the Agent shall be liable for any failure, delay, change or cancellation caused by circumstances beyond their reasonable control, including severe weather, hurricanes, natural disasters, fire, flood, epidemics or pandemics, acts or orders of any government or authority, travel restrictions, war, civil unrest, strikes, interruptions of utilities or communications, or the failure of any Provider.

12. Health; no medical services. Neither the Principal, nor the Agent, nor any venue used for a Program is a hospital, clinic, medical center or health care facility of any kind. No Program includes medical services, medical treatment, medical supervision or medical monitoring, and no medical staff is on duty during any Program. The Programs are not designed for, and the Principal does not accept, persons suffering from serious, acute or chronic illness, including cancer, heart or circulatory disease, kidney or liver disease, diabetes, eating disorders, or any other condition requiring medical care or supervision, except that the Principal may, at its sole discretion, accept such a person upon presentation of a written clearance from that person's treating physician. Any such clearance does not transfer any responsibility to the Principal or the Agent. You must disclose fully and truthfully in the Pre-Arrival Guest Form, and in writing before arrival, any illness, condition, medication, treatment or pregnancy. If you fail to do so, or provide inaccurate information, the Principal may refuse or end your participation without refund, and you alone bear all consequences of such failure. You confirm that you are in good health and fit to take part in all activities of the Program and that you have consulted your own physician before booking. You acknowledge and accept the Wellness Disclaimer. The Principal may refuse or end your participation at any time where, in its sole discretion, your health, safety or conduct, or the safety or wellbeing of others, so requires, without any refund.

13. Assumption of risk and release. You acknowledge that participation in the Program and any travel, stay, activity, exercise, fasting or dietary protocol, physical treatment (including massage, acupuncture, temazcal, sauna and hydrotherapy), excursion, beach, pool or water activity involves inherent risks, including slips, trips and falls, dehydration, low blood sugar, heat-related illness, cardiac or circulatory events, allergic reactions, illness, injury and, in extreme cases, death. Such risks may materialize during the Program or after its conclusion, including after your return home. You voluntarily assume all such risks and participate in every Program, including the 7-Day Guided Juice Fast, entirely at your own risk and on your own responsibility. To the fullest extent permitted by law, you release, waive and discharge the Released Parties from any and all claims, demands, liabilities and causes of action of any kind for injury, illness, death, loss or damage arising out of or in connection with your participation, your health or medical condition, your travel or your use of any Provider's services, whether occurring during or after the Program, except in the case of their fraud or willful misconduct. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. If any part of this release is held unenforceable, it applies to the maximum extent permitted by law.

14. Limitation of liability. (a) Providers. With respect to services delivered by Providers, the Principal and the Agent act solely as intermediaries and are not the provider of those services. Any dissatisfaction with a Provider's service should be addressed to that Provider, and the Principal will use reasonable efforts to assist in resolving it. The Principal is the contracting party for Program participation as stated in clause 3. (b) Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, the total aggregate liability of the Released Parties to a Participant arising from a Booking or Program shall not exceed the Program fee actually paid by that Participant for the affected Program. (c) Excluded damages. The Released Parties are not liable for indirect, incidental, consequential, special or punitive damages, loss of enjoyment, disappointment, emotional distress or any other non-pecuniary or moral damage, loss of earnings, time or opportunity, or Participant travel costs, including flights, visas and non-refundable bookings. (d) Agent. The Agent's liability is further limited as set out in clause 3.

15. Insurance. You must hold comprehensive travel insurance covering medical expenses, emergency evacuation and repatriation, cancellation and interruption for the entire duration of your stay. Any loss shall be claimed first from your insurer and from the responsible Provider.

16. Conduct and house rules. You agree to comply with the house rules of the venue and the reasonable instructions of the Host and the Providers, and to respect other Participants, practitioners and staff. The Principal may end the participation of any Participant whose behavior is unsafe, unlawful, disrespectful or disruptive, without refund. You are liable for any damage you cause to the venue or its contents.

17. Personal belongings. Neither the Principal nor the Agent is responsible for the loss of, theft of or damage to any personal belongings, money or valuables.

18. Photographs and media. Photographs and video may be taken during Programs. Images in which you can be identified are used for marketing purposes only with your separate consent given in the Pre-Arrival Guest Form, which you may withdraw at any time by writing to our email address.

19. Courtesy assistance. Any information, recommendation or assistance provided by the Principal, the Agent or the Host in relation to matters outside the Program, including travel, transfers, local services or excursions, is provided as a courtesy only, creates no contractual obligation and gives rise to no liability.

20. Complaints. Any concern arising during a Program should be raised immediately with the Host so that it can be addressed on site. Any complaint must be submitted in writing to our email address within fourteen (14) days of the end of the Program.

21. Payment disputes. Before initiating a dispute with a card issuer or bank, the Participant will contact the Principal at our email address so that any payment concern can be resolved directly. The Participant agrees that the Agent and the Principal may submit these Terms, the acceptance record and the completed Pre-Arrival Guest Form as evidence in any payment dispute. To the extent permitted by law, a payment dispute opened without first following this clause does not affect the Participant's obligations under these Terms.

22. Indemnity. You agree to indemnify and hold harmless the Released Parties, including Hosts and volunteers, from any claim, loss, damage, cost or expense, including reasonable legal fees, arising from your acts or omissions, your breach of these Terms or any inaccurate information you have provided.

23. Governing law; binding individual arbitration. These Terms and any participation contract are governed by the laws of the Republic of Panama. Any dispute, claim or controversy arising out of or relating to these Terms, a Booking or a Program, including any question regarding their existence, validity or termination, shall be resolved exclusively by final and binding arbitration administered by the Centro de Conciliación y Arbitraje de Panamá (CeCAP) under its rules then in force, before a single arbitrator, in the English language, with the seat of arbitration in Panama City, Republic of Panama. Hearings may be conducted by video conference or on the basis of documents only. The arbitration and its outcome shall be confidential. Class action and jury trial waiver: all claims shall be brought solely in a party's individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and each party waives any right to a trial by jury. Either party may instead bring an individual claim within the jurisdiction of a small claims court. Any claim must be brought within one (1) year after the end of the Program to which it relates, or within the shortest period the law permits, failing which it is permanently barred. Nothing in these Terms limits any mandatory statutory rights you may have; where any such right applies, the remaining provisions remain in full force and effect.

24. General. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with the documents referred to in clause 2 and your booking confirmation, constitute the entire agreement between you and the Principal and supersede any prior statements, representations or communications. No failure or delay in enforcing any right constitutes a waiver. The Principal may amend these Terms at any time; the version in force at the time of your Booking applies to that Booking. These Terms are drawn up in English, and the English version prevails over any translation.