Terms

Terms

Acceptance of the terms of use

These terms of use are entered into by and between You and Europe Incoming Holdings Ltd, trading as ERTHA (”Company” “Ertha” “we,” or “us”). The following terms and conditions, govern your access to and use of www.erthaone.com, including any content, functionality, and services offered on or through www.erthaone.com (the “Website”), as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.erthaone.com/termsofuse/privacy, incorporated herein by reference. These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

‌As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms of Use; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorised to act; (v) you will inform such other persons about the terms that apply to the reservations you have made on their behalf, including all Supplier rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an Ertha account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Support

We would like to make your experience of the use of our Website as positive as possible. In the case that you do encounter any problems when using our service, please let us know (customerservice@ertharetreats.com). We are passionate about offering customer care. Please note that customer care is not a legal obligation and we so not take no more obligations than provided in these Terms of Use.

Changes to the terms of use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.

Accessing the website and account security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website using your username, password, or other security information. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Prohibited activities

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers of such material. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • Use this Website or its contents for any commercial purpose;
  • Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorisation.

If your booking or account shows signs of fraud, abuse or suspicious activity, Ertha may cancel any bookings associated with your name, email address or account, and close any associated Ertha accounts. If you have conducted any fraudulent activity, Ertha reserves the right to take any necessary legal action and you may be liable for monetary losses to Ertha, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Ertha – customerservice@ertharetreats.com

Trademarks

The Company name, the term ERTHA and EUROPE INCOMING HOLDINGS LTD, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

User comments, feedback and other submissions

At our request, you send certain specific submissions (for example contest entries, photos) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Changes to the website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to the website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the website and social media features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Third-party providers

ERTHA partners directly with hotels, wellness retreats and other suppliers (“Third Party Providers”) to provide availability, pricing, inventory, contracting and support. These Third Party Providers on the Website are independent contractors and not agents or employees of the Company. Further, the Company is not responsible for contracting agreements between the traveler and these Third Party Providers.

User health disclaimer

By participating in any Third Party Wellness Activity you may have booked or viewed on the Website, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release the Company from any and all claims or causes of action, known or unknown, arising out of the Company’s negligence. Please consult with your physician before beginning any wellness activity offered on the Website.

Prices and payment terms

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

When using the Website, you will be able to convert the prices of Wellness Packages to the available currencies. Such converted prices are indicative. At the moment of payment, the price of the Wellness Package will be converted in real-time to the applicable currency. This amount may differ from the amount displayed at an earlier moment. The price displayed after such real-time conversion will be the amount you are due for the relevant Reservation. The Platform can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. The Platform can charge the user a suitable conversion charge for this.

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time that payment in full is accepted by the Company and will be set out in your order confirmation email. After payment is received, which is sufficient to guarantee the price, price increases may still occur by reason of factors outside our control, which result from an increase in the cost of the product or service; such factors may include adverse currency fluctuations, fuel surcharges and taxes. Additional taxes and surcharges may be requested and required by the Third Party Provider at the time of check-in or check-out. We are not responsible or liable for these additional payments.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on our Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

When you are ready to make a reservation, the merchant name on statements will be EUROPE INCOMING HOLDINGS LTD.

In some cases, your reservation may require an initial deposit which may be non-refundable. You will be required to make the final payment in accordance with the timeline provided by the terms associated with your specific order. Any refund in the event of a cancellation will be in accordance with the Third Party Provider’s terms and conditions. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. You agree to hold the Company harmless for cancellation due to either late payment or declination of a credit card.

Cancellation procedure

Each package has its own cancellation policy. It is your responsibility to check the cancellation policies at the time of confirming your booking with ERTHA.

The Third Party Provider may charge cancellation fees, which can be up to one hundred percent (100%) of the cost, regardless of whether or not travel has commenced. Fees and extra charges may be also be applied by the Third Party Provider for changes made to your reservation. Any refunds due from the Third Party Provider may be credited back to you via the Third Party Provider. We may not provide these refunds directly. The time frame of these refunds are not within our control.

It is your responsibility to ensure that the name(s) on your reservation and booking match(es) the legal name(s) on the relevant passport or government issued identification before making payment.

Travel documents include (without limitation), hotel vouchers, tour vouchers or any other document (whether certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. If a name is incorrect on a booking, this may result in an inability to use that booking and the booking being cancelled or amended. Any errors in names, dates and timings on your documentation will be your responsibility, if not advised in writing at the time of booking. It is your responsibility to collect all travel documents from us prior to travel.

Travel Insurance

Travel Insurance is strongly recommended. It should be purchased from your chosen insurance company as soon as you book your travel. The travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property. The travel insurance is to cover the duration of your travel, and the country or region. You must carry proof of travel insurance with you, and produce it if reasonably requested, to ensure you have access to it while you are away.

Travel Vaccinations

You must ensure that you are aware of any health requirements for your travel and ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. The Company has no responsibility to issue advisories or otherwise make recommendations as to health, safety or other risks of challenges of any destinations.

Currency Converter

The following terms and conditions apply to any currency conversion or displays on our website: The respective currency rates come from sources that are available to the public, including the European Central Bank and are to be used only as guidelines. These currency rates have not been verified, nor are we promising they are accurate. The actual currency rates may vary. These rates may or may not be updated daily. The information regarding currency rates is believed to be accurate, but ERTHA does not guarantee or warrant the accuracy of them. If you use these currency rates for any financial purpose, you should first consult a professional in the finance arena to verify that the rates are accurate. You are not authorised to use the currency rates or other information relating to it for any purpose outside of your own personal use. You are expressly prohibited from redistributing, reselling, or using this information for any commercial purposes.

Special Requirements

Please communicate any special requirements you may have at the time of booking. The Company makes no guarantee that your request can be accommodated by the Third Party Provider, and your request may result in additional charges, for which you are responsible.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall ERTHA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for on sequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. In no case shall ERTHA be liable for any costs incurred due to cancellation of events from either party as well as due to Acts of God such as natural disasters and other events outside human control.

Indemnification

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of United Kingdom without giving effect to any choice or conflict of law provision or rule).

Limitation on Time to File Claims

The Company is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Website, these Terms & Conditions, our Privacy Policy, any services or products provided, any dealings with our customer service agents, or any representations made by us (“Claims”), you agree to communicate your Claim to the Company by contacting COMPANY  Customer Support at 11-12 Turnham Green Terrace Mews, London, W4 1QU or via customerservice@ertharetreats.com. You agree not to bring any suit or to initiate arbitration proceedings until ninety (90) days after the date on which you first communicated your Claim to Customer Support have elapsed. If we are not able to resolve your Claims within the ninety (90) day period, you may seek relief through arbitration or small claims court, as set forth below.

Any cause of action or claim you may have arising out of or relating to these Terms Of Use or the Website must be commenced within 30 days after the cause if action accrues, otherwise, such cause of action or claim is permanently barred.

Arbitration

At the Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under, and in accordance with the UK Arbitration and Conciliation Act, 1996. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). The arbitrator must follow and enforce these Terms of Use.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Ertha regarding the Website, superseding any prior and contemporaneous agreements, representations, communications and proposals, both written and oral, regarding the Website.

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Contact: customerservice@ertharetreats.com

‌‌This website is operated by Europe Incoming Holdings Ltd, 11-12 Turnham Green Terrace Mews, London, W4 1QU

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