GENERAL TERMS AND CONDITIONS



DEFINITIONS

Association: ASOCIACIÓN DE PLANTAS
Member: is any person who registers in the ASOCIACIÓN DE PLANTAS
Participant: is a person who has membership status and attends the event organized by ASOCIACIÓN DE PLANTAS
Association: Union of people with a specific purpose.


OBJECT

These General Terms and Conditions regulate the use of the services provided by the website https://www.apljourneys.com/ (hereinafter, the "Website", "Association"), either with its current name or with any other name with which it may appear in the future. Property of "ASOCIACIÓN DE PLANTAS", (hereinafter, the "Association") provided with CIF G16802662 and with registered address in Avenida Ricardo Soriano, 72, Edif. Golden B, 1a Planta, 29601, de la localidad de Marbella (Málaga), registered in the Register of Associations of Andalucía in Sheet 14094, Volume 1. Our e-mail address is asociaciondeplantas@protonmail.com (hereinafter "Association").


MEMBERS

Association is available for the Members of the Association (hereinafter, "Member" "User") residents worldwide. You will have to accept these General Conditions of Use before registering as a Member.

In any case, by accessing and using this Website you ("Member") acknowledge that you have read and accepted these General Conditions of Use and agree to comply with all of its terms and conditions. Likewise, the Member acknowledges and agrees that access to and use of this Website will be subject to the General Conditions of Use that are in force at the time he/she accesses it. In addition, to register and be a Member of the services we offer, you must have previously read and accepted the Privacy Policy of the Association and have given your free, informed and active consent for Association to collect, store and process your personal data.


HOW TO BE A MEMBER OF OUR ASSOCIATION

To become a member of Association, you must register on our website by filling in the current membership forms. Upon completing the online form, a person must cover the annual fee to become a member of Association.


CHANGING THE TERMS OF SERVICE

Association reserves the right to modify these General Conditions of Use at any time, as well as any other general or particular conditions that apply. This change will notify your registered Member and update you in the General Conditions of Service and the website. In addition, Association reserves the right to suspend, discontinue or stop operating the Website at any time before previous notification to the Association members.


OUR WEBSITE

Through the Website, Association exclusively offers its Member a service of accommodation and recreational retreats, yoga classes, meditation practices, plant based detox sessions and other spiritual activities (hereinafter, the "Service"). Such activities as preparation support, online courses, travel support, integration support, online services, individual and group coaching and retreats in Mexico (hereinafter, the "Third-party service") are offered mainly by Mariri Consulting LLP that uses the website of Association as a third party partner company for an annual fee.

This website has been reviewed and tested to work properly. In principle, proper operation can be guaranteed 365 days a year, 24 hours a day. However, Association does not rule out the possibility that there are certain programming errors, or that there are causes of force major, natural disasters, strikes, or similar circumstances that make access to the website impossible.


ACCESS TO THE WEBSITE

Access to the Website will be limited to people over 18 years of age. In general, the Website can be accessed free of charge. The User acknowledges and accepts that access to and use of the Website takes place freely and consciously, under his/her sole responsibility. Association will not be responsible in any case for the use that the User and / or third parties may make of the Website or for any damages that may arise from it.

However, the purchase of our services will not be permitted from any natural/legal person/robot who accesses our website until you are a Member and your data is validated.


USE OF THE WEBSITE

The User/ Member /Physical or Legal Person/Robot accessing the Website undertakes to make appropriate and lawful use of the Website. Therefore, it declares compliance with the applicable legislation, these General Conditions of Use, generally accepted morals and good customs and public order.


OBLIGATIONS FOR USE OF THE WEBSITE

If you access our Website, you will not be able to:

- Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, apology of terrorism or, in general, contrary to law or public order.

- Introduce computer viruses into the network or perform actions likely to alter, damage, interrupt or generate errors or damage to the electronic documents, data or physical and logical systems of the Association or third parties; as well as hindering other users' access to the website and its services through the massive consumption of the computer resources through which the Association provides its services.

- Attempt to access the email accounts of other users or restricted areas of the computer systems of the Association or third parties and, where appropriate, extract information.

- Violate intellectual or industrial property rights, as well as violate the confidentiality of the information of the Association or third parties.

- Impersonate any other user.

- Reproduce, copy, distribute, make available, or any other form of public communication, transform or modify the contents, unless the authorizations of the owner of the corresponding rights is available or this is legally permitted.

- Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without your prior request or consent.

- Make unauthorized or fraudulent use of the Website.

- Use the Website for unlawful, illegal purposes or effects, contrary to the provisions of these General Terms and Conditions of Use, good faith and public order, harmful to the rights and interests of third parties.


ADDITIONAL CONDITIONS FOR ACCESS TO AND USE OF THE WEBSITE

Registration

In order to access the entirety of our Website and enjoy its advantages and services, you must be subject to the prior registration as The Member and complete the corresponding Applying Form.

Association reserves the right to accept or reject anyone who completes the membership form. In case of rejection, the memberships in the Association are obligate to communicate the reason for rejection.

In any case, in order to enjoy the services that Association offers, the Member must read and accept the Association Privacy Policy and give active consent for Association to collect, use, store and process his/her personal data information.


THE SERVICE

Through https://www.apljourneys.com Association exclusively provides its Members the offer with a full board Service, published on the Website.

The purpose of the Services offered by Association is to offer accommodation with breakfast, lunch and dinner included for a certain number of days, a closed number of participants, in a private space, in which participants (Members exclusively), upon payment of the price of the Service and Third-party service, can enjoy a few days of relaxation and recreational activities. The recreational activities practiced in Association are activities such as yoga, interactive talks on current affairs and culture, during the realization of these activities, there is a possibility of preparation, cooking and consumption of detox plants, such as Uncaria Tomentosa, Phyllanthus Niruri, Monteverdia Laevis, Banisteriopsis Caapi, Mansoa Alliacea, Illex Guayusa, Theobrma Cacao, Abuta, and Palo Santo, as well as other natural herbs.
Association uses third-party services to offer cooking, cleaning, coaching, lodging and retreat activities that are included in the cost on the Website and must be paid by a member of Association to a third-party company for the participation in events.


FREEDOM OF PARTICIPATION AND REQUIREMENTS TO PARTICIPATE

In case to participate in common activities the members or service participants are not required to participate in all activities offered by Association. The members will only participate in those they wish and in those they comply with all requisites for accessing.

During the days of the service, the Participating Members are obliged to maintain the following conditions of coexistence:

1) The following offenses are intolerable, and will result in being sent home without question and without credit for your stay at Association:

a) Any act of aggression and abuse: physical or verbal.

b) Sexual harassment toward any of the guests or staff.

c) Behavior that puts your own or others' safety at risk.

d) Repetitive disruptive behaviors inside or outside ceremony that create discomfort for other guests, or significantly interfere with the process of other members.

e) Theft of any kind.

2) The use of alcohol, drugs, medication that are not approved in advance by Association, as well as the consumption of foods and drugs that are prohibited in combination with MAOIs inhibitors.

3) Participants agree to the possibility of appearing in photographs and videos, as well as the use of images for commercial purposes unless otherwise agreed in writing.

4) The participant undertakes not to have sexual contact during their stay in the accommodation even if members are in a relationship with each other.

5) The Participant is obligated to communicate to Association if he is a habitual drug-user, or user of medications of paragraph 7, or psychotropic medications. In this case the Association reserves the right to accept or reject anyone who can not be appropriate to participate in the common activities.

6) The participant cannot participate in the Association activities if he suffers from any of the following illnesses or health problems:

• Heart disease, heart conditions, bypass or enlargement of the heart

• Significantly low blood pressure, or blood pressure contained in medications.

• Blood clots or medications to control varicose veins.

• Kidney, liver or Addison's disease

• Who are epileptic

• People who are on chemotherapy or have received radiation treatments within the previous and subsequent 12 weeks.

• People who have artificial devices in the body such as: stents, brain devices, etc.

• People who have suffered a stroke, aneurysm, or brain hemorrhage.

• Those who are recovering from a major procedure.

• With serious mental health conditions (talk to the professional)

• With selected advanced-stage Lyme disease

• Fasting or at the end of a fast or detox

• Who used drugs within 21 days of the event of Association.

• Who worked with Iboga in less than 21 days.

7) The participant is obliged to ensure with the doctor that he/she doesn't take any medication / drugs / substance that should not be taken together with MAOIs (inhibitors of monoamine oxidase such as B-carbolines).

In case of the use of the medication / drugs / substance mentioned above, it is prohibited to participate in the Associations' activities.

8) The participant accepts, that Association is not responsible for any aftermaths after the retreat and that all the acts he performs before, during, and after the retreat are of his own free will.

9) For participation in the recreational activity of preparation, cooking and consumption of detox plants, Association will previously provide each Member with a detailed form in which the Participating and Signatory Member, consciously, freely and with sufficient capacity swear that:

- The participant have not used drugs or alcohol 21 days before the event.

- The participant has to follow the all preparations that we recommend in the current document and on this webpage https://www.apljourneys.com/ayahuascapreparation on the Website.

10) We require that all Members agree to and sign our Activity Waiver & Release in order to participate in the Association's activities

11) If one is deemed medically unsafe, we reserve the right to refuse to participate in Association's activities.

If any Participating Member refuses or fails to comply with the obligations set out above, Association reserves the right to immediately cancel his/her participation and his/her automatic exclusion from Association, without the Member being entitled to reimbursement for the service he/she contracted, nor of the fees paid as a member.

12) If the participant during the event suffers injuries (Medical emergencies, such as infections, fevers, broken or damaged bones) Association will not be responsible and will not economically cover these damages. Association recommends that the participant have private medical insurance for participation in meetings.


MATERIAL SCOPE OF APPLICATION

These conditions apply to each offer by Association and to each distance contract concluded/signed/finalized between Association and the user.

Before finalizing the contract, these general terms and conditions are made available to the user. If this is not reasonably possible, Association shall indicate – before concluding the contract – in which the general terms and conditions can be consulted with Association, and that these will be sent as soon as possible without expense.

If the remote contract is concluded electronically, it is possible – contrary to the previous paragraph and before concluding the contract at a distance – that these general terms and conditions are made available to the user electronically, in such a way that they can save them in a simple way on a durable stand. If this is not reasonably possible, Association shall indicate – before concluding the contract – in which the general terms and conditions can be consulted electronically and that these will be sent as soon as possible without charge electronically or in any other way.


ABILITY TO HIRE

In order to make a reservation for the Services offered, you must be of legal age and have the capability to contract.

In order to contract the type of Hosting Services we offer on our website, you must be a Member of Association and have previously read our bylaws and accept them manifestly.


CONTRACTED SERVICE CANCELLATION POLICY

In accordance with the current legislation - Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. (Click here to access the Law) - Association is found in article 103(l) which refers to exceptions to the right of withdrawal.

Considering at all times that the service offered by Association as set forth in these Terms and Conditions, is a service of supply of accommodation, the legislation provides that «The right of withdrawal shall not apply to contracts relating to: The provision of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to recreational activities, if the contracts provide for a specific date or execution period."

Therefore, the Member who contracts the service is aware and fully knows that his right to withdraw is limited under the applicable legislation.

However, from Association, we have designed our cancellation policy to be as flexible as possible in case your plans change.


IF YOU CANCEL YOUR ACCOMMODATION BOOKING:

You must know at all times that your right to cancel is limited by Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. This means that you will not be able to get a refund, or discounts for being late, leaving early, flight cancellations, travel delays or illness.

If you cancel participation in a retreat, the cancellation policy will be applied according to the following conditions:

If one must cancel their reservation, we will not refund your deposit, with the exception of known medical issues identified during the intake screening process, which are deemed unsafe to combine with activities.

To cancel, you must send an email stating that you want to cancel to: asociaciondeplantas@protonmail.com

We also recommend that you take out travel insurance to be protected during the retreat activities. The Association is not responsible, it does not offer it, nor does it guarantee the purpose of its protection. It is a simple non-binding recommendation to Association.

If you are interested in taking out travel insurance and don't know which company to do it with, we recommend TRAVELGUARD. (https://www.travelguard.com)


PAYMENT METHOD

Members - to enjoy the services offered by Association- one must be aware of the payment of their membership fee, in addition if they wish to participate in some activities, they must pay in full the reservation of the service of organization, according to the payment terms.

Payment is made through a secure online payment system (provided the user's bank offers it and supports). In the case of some products and services, Association facilitates (through external payment processors) the payment of the corresponding services or products.

Bank fees are not included in the cost of our services. Association may make a charge for bank fees in each case. The charge will be depending on the rate for each bank.

Payment is processed securely from your credit/debit card or from your account to Association account.

In the case of some rates (non-refundable) or special offers, Association may require that payment be made in advance by bank transfer (if available) or by credit card. In that case, your credit card may be pre-authorized, or you may be charged (sometimes without a refund option) once the Trip Reservation is made. Please carefully check the details (of the reservation) of the product or service of your choice for special conditions before making the Trip Reservation. You will not be liable to Association for any authorized charges, and that the user considers supposedly unauthorized or erroneous, when he has given his consent to make the collection.


DATA PROTECTION

The personal data that you provide through the Registration Form of the website and the service will be integrated into a personal data file for which Association is responsible, whose address is in the heading of this document.

Association will not be able to collect, store and process your personal data if you have not previously accepted the Association Privacy Policy and have given your active consent to this. If you do not agree to the Privacy Policy and do not actively consent to Association processing your personal data, you may not be a Member of Association. For more information, please refer to the Privacy Policy that is accessible following this link - https://www.apljourneys.com/pp


APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the relationship between Association and the Member, shall be governed by and construed in accordance with Spanish law. The parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Marbella for the resolution of any dispute in relation to these General Conditions of Use or the relationship between them.

As required by the new European legislation, we inform users of the existence of a European dispute resolution platform for online procurement. Thus, for the resolution of consumer disputes (in accordance with Article 14.1 of Regulation (EU) 524/2013), the European Commission provides an online dispute resolution platform available at the following link:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES