Retreat Event Terms & Conditions
Terms & Conditions “We / us” means FIGS ON THE FUNCHO, Address: River House, Monte Ribeira, Sant’ Ana, Abrutiais, Sao Bartolomeu De Messines, 8375-013
“The Event”, “Painting holiday”, “Workshop”, “Walking Holiday” « Trip » Means any event or function organised or advertised by us. “You”, “Customer”, “Traveller”, ‘“Participant”, “Guest” Means the person who has signed a booking form and/or paid a booking payment or the full balance for one of our events and includes all the people on whose behalf you have signed or paid a booking payment. “The Group” means the group of customers. “Supplier” or “Provider”: accommodation rentals, restaurants, transportation companies.
1. Terms and Conditions. These terms and conditions govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no important variation to these terms and conditions shall be valid unless in writing. Figs on the Funcho operates in accordance with the laws of Portugal and Europe and the courts of Portugal and Europe, excluding all jurisdictions from other territories/countries.
2. Formation of Contract. We strongly advise that you check all the information sent to you by us by email or post for your booking, regarding your name(s), destination, departure dates and balance due. No contract shall arise between you and us until you have paid for the event (or its booking payment) and received confirmation (this can be in the form of an email) of our acceptance of your booking. The booking confirmation will be the contract, as well as these terms and conditions, shall be construed in accordance with the laws of Portugal and Europe and the courts of Portugal and Europe shall have exclusive jurisdiction to deal with any disputes arising between you and us. No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.
3. Lead Name. The lead name on any booking with us accepts the full responsibility of collecting the full balance payable for the booking and indemnifies FIGS ON THE FUNCHO against any loss from any individual failing to pay within your group. The lead name of the group is also responsible for ensuring that all group members are aware they are bound by our terms and conditions. The lead name is also responsible for the completion of the online guest list on behalf of all persons on the booking. It is understood that those booking any of our events accept our terms and conditions.
4. Payment and Payment Methods. Booking fee / Booking payment: This payment is the amount paid to make a booking. The booking fee is per person and per holiday. It is not a deductible deposit. It is non-refundable but can be transferred in the form of a voucher for another holiday under certain conditions (see cancellation policy). The booking payment is not transferrable from person to person. It is to be paid by direct bank transfer or by credit card (depending on the agent) when booking one of our holidays. Upon request, we can also accept bank transfers. A booking can only be confirmed when payment has arrived. Please note that non-payment of holiday payments / remaining or outstanding balances in due time (61 days before Day 1 of your holiday) results in the loss of your booking payment. For participants who book less than 61 days before the start of the holiday, please refer to the invoice due date.
Holiday payment / final amount / “remaining balance”: This payment constitutes 100% of a holiday payment. It is separate from the booking fee and is to be paid by bank transfer 61 days at the latest before Day 1 of a holiday. You agree to pay any or all bank charges if applicable due to your transfer. Should your holiday payment/final amount/remaining balance not be paid 61 days before the event, your paid booking payment will be lost.
4.1 Late Bookings If you book 61 days or less before the event, your holiday payment is to be paid within 48 hours of your booking payment.
4.2 Price Increase. Prices for a holiday or holiday payment could rise because of inflation, exchange rates, new government taxes or fees imposed by third parties (such as tourist taxes, city taxes, public or private transportation company price increases, or increased prices from any of our other providers, including accommodation).
5. Non-Retreat Attendee. A non-retreat attendee is defined as an individual who accompanies a registered guest on one of our holiday retreats and shares accommodations with the accompanying guest. Non-retreat attendees are required to complete a booking process, which includes a booking fee along with a non-attendee holiday payment, both subject to the same terms and conditions applicable to our registered guests.
It is important to note that non-retreat attendees must be included in the initial booking made by the guest and are not permitted to make independent reservations. Attendance without prior arrangement is strictly prohibited, and confirmation of their participation must be obtained through the formal booking process prior to their arrival
6. Insurance and Travel Regulations You agree to purchase holiday insurance for your trip. Your insurance travel policy must cover cancellation prior to one of our events as a result of an injury/accident or any health issues preventing you from attending the holiday. It must also cover you during the holiday, and take on full medical expenses in the village/city/country where the holiday is taking place, as well as repatriation on health grounds in case of an emergency such as injury, illness, food poisoning, allergies, damage or loss of personal belongings/property, traffic accident (including as a pedestrian), personal accident (including slip and fall), personal liability, as well as any emergency and all legal expense. Your holiday insurance should also include events listed at number 11 of these Terms. “You wish to cancel”. You are responsible for having adequate travel visas when participating in our holidays. We cannot be held accountable for your no-show due to your being denied entry into the country where your holiday is occurring. You agree that FIGS ON THE FUNCHO will not be held responsible for any failed insurance claims made by you to your insurance company.
7. Child Policy Guests must be 18 or older to attend our retreat holidays unless otherwise agreed.
8. Mobility, Disability and Special Needs. During our retreats, there are off-site excursions that require walking. Please note that our villa is not suitable for guests with severe disabilities, and regrettably, our creative events may not be suitable for those with special needs.
At FIGS ON THE FUNCHO, we reserve the right to decline customers who do not meet the physical requirements for our holidays. We kindly request your understanding and agreement that we cannot be held accountable or liable for any inability to provide assistance, carry you, or offer specialized facilities for your physical condition. Your safety and comfort are of utmost importance to us, and we appreciate your cooperation.
9. What’s not Included in our Holiday Events. Please refer to information on www.figsonthefuncho.com for what’s not included, as holidays may differ.
10. Food and Drinks. On our retreat holidays, we provide all meals except on outings as indicated in the itinerary. INFORMATION: We provide mainly vegetarian meals, each guest will be responsible for what he or she consumes, and can or cannot consume while on our holidays. You agree not to hold us responsible for allergic reactions, intolerance to any foods or drinks, or for any foods or drinks consumed that had any negative consequences on your health or well-being or resulted in death.
11. Accommodation. On our holidays is at Figs on the Funcho. All rooms are double and can be configured to single beds or double beds. We offer en-suite bathrooms, shared bathrooms, or Glamping Safari Tents.
12. You Wish to Cancel a Holiday. Please see our cancellation policy below. You may cancel your booking* by sending us an email entitled ‘Cancellation’ stipulating the cancellation with the holiday dates and reason for cancellation. You can also send a registered letter with recorded delivery to our postal address Apartado 000206, EC S Bartolomeu De Messines, 8375-999, Sao Bartolomeu De Messines, Portugal. For group bookings (2 or more people) cancellation must be made from the lead name on the booking and specify who is cancelling. Individuals in the group booking wishing to cancel individually can do so within the allotted period.
If cancelling due to health reasons, injury, or other issues covered by your travel insurance policy, you must refer to your travel insurance company.
Our cancellation policy is calculated according to the date on which we receive the written notice of your cancellation:
- More than 61 days to the event: Refund of any paid holiday balance payment minus €49 processing fee. Booking deposit payment is non-refundable but will remain valid for 24 months from the date of initial purchase, transferable once onto another holiday.
- Leaving while on the holiday: No refund or vouchers of any money. If leaving for medical reasons, you will need to contact your travel insurance. You agree not to hold us responsible for any ailment contracted during your time on our holidays, including COVID-19. You agree that any chosen or lawful isolation will be solely at your expense.
We shall not accept responsibility for (your) cancellation or no-show or consequences at any time due to a change of mind, lack of finances, missed flights/trains/buses/ferries or any other type of transportation, car issues or car hire/rental gone wrong, lack of appropriate visas, unsuitable weather conditions (including hurricanes, fires, flooding, drought, snow, hail, sand storms or any other meteorologic hazards), fire (your home, workplace or other), natural disaster, nuclear disaster, personal or other types of accident, general health epidemics or pandemics, personal physical/mental health issues (yourself / a family member or someone you know), pregnancy, death (yourself or someone else), abduction, confinement, incarceration, war, the threat of war, civil rebellion, terrorism, terrorist threat, industrial accident, cancelled or rescheduled flights, etc.
12.1 Special COVID-19 Cancellation Policy. Participants booked on a Figs on the Funcho holiday who are STRICTLY PREVENTED FROM ATTENDING THE HOLIDAY due to:
1) Sanitary lockdown during booked Figs on the Funcho holiday dates because of the Corona COVID virus in the country of provenance (with proof of flight purchase) or in Portugal where the holiday is held.
2) Travel rendered impossible because of COVID-related refused access.
3) Obligatory quarantine in Portugal where the holiday is being held.
PARTICIPANTS WHO CANCEL UNDER THE ABOVE-STATED SPECIAL COVID POLICY WILL BE ABLE TO TRANSFER THEIR BOOKING PAYMENT AND HOLIDAY PAYMENT/REMAINING BALANCE ONTO ANY OTHER HOLIDAY FOR A PERIOD OF 24 MONTHS FROM THE DATE OF THE INITIAL BOOKING PAYMENT PURCHASE. SHOULD THE ABOVE NOT RIGHTFULLY OR LEGALLY APPLY IN YOUR REASONS FOR CANCELLING, OUR CANCELLATION POLICY APPLIES (‘11.’ as per these terms). Should you be unable to travel within the 24-month period after your purchase, we advise that you contact your travel insurance company.
Please beware that the following will NOT render possible a COVID-related cancellation:
1) Covid-related quarantine in your country of provenance on your way BACK from one of our holidays.
2) Any vaccine issues on personal non-compliance. You agree to have your vaccines up to date to travel to your holiday destination.
3) Being ill from Covid or testing positive to Covid 24 to 48 hours before your booked holiday. (In this case, you will need to turn to your personal travel insurance policy.)
PARTICIPANTS WHO CONTRACT COVID WHILE ON ONE OF OUR HOLIDAYS AGREE NOT TO HOLD US ACCOUNTABLE FOR THEIR HEALTH ISSUES EVEN RESULTING IN LONG-TERM HEALTH ISSUES OR DEATH. POTENTIAL ISOLATION/QUARANTINING WHILE ON OR AFTER THE HOLIDAY WILL BE ON YOUR TERMS AND AT YOUR EXPENSE.
13. Cancellation / Rescheduling by us. FIGS ON THE FUNCHO reserves the right to cancel or reschedule any holiday event:
1) If the minimum number of 4 participants for the event has not been met.
2) If any of the following render the event impossible: For safety reasons at any time before the holiday due to climate, natural catastrophes, health epidemics or pandemics, war, immediate danger in our painting holiday area/accommodation or other factors which cannot reasonably be overcome by the date of the event.
3) At any time before the holiday in the event of a host/ tutor’s sudden health issues, other incapacitating issues or death. In the case where an event is rescheduled or cancelled under the above-stated circumstances, our policy offers our guests a voucher valid for 24 months of the same value as money paid to Figs on the Funcho for their previously booked holiday. If money paid exceeds the value of the holiday you wish to rebook yourself on, you will be issued a voucher of the remaining value to be used as credit on one of our holidays for a period of 24 months from the date of issue. If money paid is less in value than the holiday you wish to rebook yourself on, you will need to pay the difference between the two holiday prices. Vouchers are issued by email with a specific code. You agree that save as above we shall be under no further liability to you. In the event of the above-stated circumstances, please note that we cannot be held responsible for any money spent by you in relation to your planned travels with us.
4) We reserve the right to cancel your booking with any money paid if your holiday balance payment has not been paid in 61 days prior to departure and late bookings, in which case guests have 48 hours to pay the full holiday payment.)
Please note that WE WILL NOT REFUND YOUR FLIGHTS, cancellation fees, or any related costs due to our cancellations. WE STRONGLY ADVISE PARTICIPANTS TO PURCHASE REFUNDABLE FLIGHTS AND PERSONAL TRAVEL INSURANCE.
14. Alterations made by You. We shall try to accommodate any reasonable change you wish to make. If you wish to change your room type before the holiday’s commencement, please contact us at firstname.lastname@example.org, we will then let you know of any availability. If you wish to increase the number of participants in the event you may do this online. There will be no surcharges for late bookings. If you wish to decrease the number of persons participating in the event, our cancellation policy applies. If you cancel while on the holiday, during the holiday dates, your painting holiday value is then lost. Please note that in the event of dissatisfaction on behalf of a guest, he or she can send Figs on the Funcho a registered letter explaining their discontentment within a maximum of 48 hours after the holiday’s last day.
15. Illness or Absence (of a guest). If you must withdraw from a holiday after commencement for any reason, you will need to contact your personal holiday insurance company. Unfortunately, no refunds can be made for absences from a holiday, including missed tutoring, missed meals, nights at the accommodation, or any activities you may have missed, or partially missed.
COVID / CORONA VIRUS IMPORTANT INFORMATION: We recommend at all times that you follow the FCO travel advice available online at: https://www.gov.uk/guidance/travel-advice-novel-coronavirus or the government site of the country that you reside in. Please be aware that although activities during our holidays have not changed, we advise customers to comply with the countries’ Coronavirus policy. Participants are to bring their own face masks and hydro-alcoholic gel. As a participant, you agree to take full responsibility for the risks incurred with regards to Covid 19 Coronavirus and will not hold Figs on the Funcho accountable for eventual contamination resulting in illness, long-lasting sequelae after effects, or death.
16. Group Transporation. We hold no responsibility in case of incidents or accidents using any of means of transport. Public transportation means taking buses, trams, trains, ferries, and also walking. In the event of an accident using any of these means of transportation while on our holidays, you agree to deal solely and directly with the transportation company. Some destinations may include the use of one or more private vehicles for our groups; In this case please note that each participant and non-retreat attendee will be LIMITED to one carry-on size suitcase (basic airline standard size) + back-pack (56 cm X 26 cm / 23’ x 11’).
Your private personal travel insurance should cover you in case of a road/traffic accident as a passenger or pedestrian in all circumstances.
IMPORTANT NOTICE: 1. We hold no responsibility in the event of your losing travel tickets, daily or weekly passes (bus, shuttle, tram, train, ferry etc.) You will be responsible for buying your own replacement tickets or passes. In the event of planned group transportation, please note that if you cannot make pick-up at arrival times or decide to leave the holiday early, you will need to arrange your own transportation as we cannot arrange individual transportation or transfers.
17. Painting, Paint Policy & Art Work. You may choose to paint or draw on Figs on the Funcho Holidays. Unless specified in your package or at the time at which you booked your holiday, we provide materials and equipment for one chosen medium: Watercolours, graphite pencils, pastels (pastel pencils), gouache, acrylics and oils. Please note that your tutor will have paper for you to work on. If you wish to paint on canvas or canvas boards, you are free to bring your own. Painting (using any medium) at the accommodation is only allowed in specific areas designated by your tutor. Painting in bedrooms or in other non-designated areas is strictly forbidden. In the event of staining, you will be responsible for cleaning or replacing what has been damaged by any painting or drawing medium. IMPORTANT INFORMATION: In the event of unsuitable weather conditions for “plein-air” painting and/or sketching and/or drawing, the group will sketch or paint indoors. Artwork produced by a customer group member on Figs on the Funcho Holidays is and remains their custody. It is their responsibility to arrange to take any artwork home in their luggage or by shipping from the holiday location at their own cost. Unless otherwise specified by you in a written manner before the holiday starts, you may be photographed, filmed/videoed while painting or drawing, and photos and/or videos of you and your artwork may be shown on the website or social media for an unlimited time.
18. Customer’s Obligations. You need to have personal travel insurance suitable for your needs which should cover 6. 11. and 12. on our Terms and Conditions, including delays for events involving travel by land, sea, or air) before the event. We require that you have proof of identity with you on the holiday: A valid passport with an appropriate travel visa. You shall at all times behave in a safe, responsible and courteous manner, comply with all instructions, regulations and codes of practice issued by us or our suppliers, ensure that you comply with all age restrictions imposed by our suppliers, and ensure that you comply with all arrival times. We also strongly advise guests to buy refundable flights should the holiday(s) you have booked with us be cancelled by us or by you. No refunds will be made on your flights or any related fees in case of cancellation by us or by you. If you breach these obligations we may cancel or curtail the event or any part of it. Should you be excluded from the holiday due to your breach of obligations, you shall not be entitled by us to any refund or transfer from one painting holiday to another.
18.1 Luggage Size. If booked on a painting/drawing holiday where a vehicle is involved for local transportation and/or transfers, you are required to bring a suitcase of reduced size; the ideal size being carry-on cabin luggage standards (55cm x 35cm x 25cm) with a maximum of 60cm x 40cm x 30cm. Oversized luggage will not be accepted if lack of room in a vehicle. You agree to be responsible for storing your oversized luggage at your own cost until you return.
18.2 Smoking / Vaping Policy. Smoking / Vaping indoors, during transportation or during group activities is strictly forbidden. Smokers / Vapers shall be completely free at any time, to take breaks from group activities to smoke/vape at their convenience, outdoors, and away from the group. As the Algarve is a fire risk, guests need to be careful when extinguishing cigarettes, cigars etc.
19. Our Obligations. We shall take reasonable care and skill in arranging the event and in complying with all applicable laws in relation to the event. In the event of unsuitable weather, you will paint indoors. All of the photographs and illustrations we use on our website and in literature (including quotations) are for marketing purposes and represent the overall general standards of our painting holidays.
20. Right of Image. Unless otherwise notified by e-mail or registered mail before the course starting date, you agree to appear in photos or videos on our website, social media pages and or other advertisements.
21. Customer Feedback. If you have an important problem with regards to the event while on the event, you must inform Figs on the Funcho by email or a registered letter 48 hours at the latest after the holiday. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will endeavour to deal with the complaint as quickly as possible.
22. Changes to these Terms and Conditions. We may need to make changes to these terms and conditions. Changes can only be made by us. We reserve the right to amend or improve these Terms and Conditions without prior notification. When it is necessary for changes to be made, we will inform all persons booked on events of any major changes in the case where Terms become less favourable to our clients. Should clients with previous bookings disagree with our new Terms and Conditions, they should contact us about this disagreement, so as to come to a mutual agreement.
23. Responsibility. We hold no responsibility if you become ill, are personally injured (fall, road accident, or any other injury) or pass away during the holiday period. You are responsible for your personal and travel insurance. You are responsible for complying with our Terms and Conditions, and the destinations’ government authorities, and for bearing any costs due to consequences of your non-compliance. You are advised to wear appropriate clothing. We hold no responsibility for any staining on your clothing caused by you or any member of the group by our materials. For safety reasons, adequate footwear is advisable when walking to sites with the group, or anywhere outside of the accommodation.
24. Propaganda/Sales. Of products or services/RELIGIOUS TEACHINGS are strictly forbidden on our holidays on behalf of participants.
25. Collection of Personal Data. As part of Portuguese regulations, we are required to provide information about each guest, staying at our accommodation to the Portuguese Immigration and Borders Service, prior to arriving. The information required is as follows: First Name, Surname, City of Residence, County of Residence, Nationality, City of Birth, Date of Birth, ID Type (Passport, ID), ID Number, Country Issued. This information is processed by our Fiscal representative in Portugal and then removed from our systems.